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the south asian university bill, 2008———— arrangement of clauses clauses1 short title, commencement and extent 2 definitions 3 provisions of agreement to have force of law 4 incorporation of south asian university 5 jurisdiction 6 governing board 7 objectives of university 8 powers of university 9 university open to all persons10 visitor 11 officers of university 12 president and its powers 13 other officers 14 privileges and immunities of president and academic staff 15 authorities of university 16 executive council 17 academic council 18 constitution of other authorities 19 faculties and departments 20 statutes 21 regulations 22 bye-laws 23 power to give retrospective effect to statutes and regulations 24 annual report 25 audit of accounts 26 conditions of service of employees 27 procedure of arbitration in disciplinary cases against students 28 proceedings of university authorities or bodies not invalidated by vacancies 29 protection of action taken in good faith 30 reference to saarc arbitration council 31 statutes and regulations and bye-laws to be published in official gazette and tobe laid before parliament32 power to remove difficultiesthe schedule bill no lxiii of 2008 the south asian university bill, 2008 abillto give effect to the agreement for the establishment of south asian university and for matters connected therewith or incidental theretowhereas an agreement for the establishment of the south asian university was signed on behalf of the respective governments of the member states of the south asian association for regional co-operation (saarc) on the 4th day of april, 2007;and whereas article 1 of the said agreement provides that the main campus of the university shall be located in india, therefore, it is expedient to make provisions for giving effect to the said agreement;be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the south asian university act, 2008short title, commencement and extent(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act(3) it extends to the whole of india and to campuses and centres established outside india in the saarc regiondefinitions2 in this act, unless the context otherwise requires,—(a) "academic council" means the academic council of the university; (b) "academic staff" means such categories of staff as are designated as academic staff by the statutes;(c) "agreement" means the agreement for the establishment of the south asian university;(d) "bye-laws" means bye-laws of the university; (e) "centre" means a unit of the university or of a university institute providing teaching, consultancy and research facilities and includes a regional centre;(f) "employee" means any person appointed by the university and includes teachers and other staff of the university;(g) "executive council" means the executive council of the university; (h) "faculty" means a faculty of the university; (i) "governing board" means a governing board of the university constituted under section 6;(j) "hall" means a unit of residence, by whatever name called, for students of the university provided, maintained or recognised by it;(k) "host country" means the republic of india; (l) "host government" means the government of the host country; (m) "member states" means the member states of the saarc; (n) "prescribed" means prescribed by statutes, regulations or bye-laws; (o) "president" means the president of the university appointed under section 12;(p) "project office" means the project office set up for the purpose of carrying out necessary tasks for establishing the main campus of the university;(q) "recognised institution" means an institution of higher learning maintained or recognised by, or associated with, the university;(r) "regional centre" means a centre established or maintained by the university at any place in the saarc region for the purpose of coordinating and supervising the work of campuses or centres in such region and for performing such functions as may be conferred on such centre by the governing board;(s) "regulations" means the regulations of the university; (t) "saarc" means an organisation known as the south asian association for regional co-operation established by the charter of the south asian association for regional co-operation signed on eighth day of december, 1985;(u) "saarc region" means the region comprising the territories of the member states;(v) "schedule" means schedule of the act; (w) "statutes" means the statutes of the university; (x) "teacher" means professor, reader, lecturer and research staff of the university appointed or recognised by the university for imparting instructions in the university or for giving guidance to students for pursuing any course of study of the university; and(y) "university" means the south asian university incorporated under section 43 notwithstanding anything contrary contained in any other law, the provisions of the agreement set out in the schedule shall have the force of law in indiaprovisions of agreement to have force of lawincorporation of south asian university4 (1) with effect from such date as the central government may, be notification in the official gazette, appoint in this behalf, there shall be established, for the purposes of giving effect to provisions of the agreement, a university to be called as south asian university(2) the university shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said name(3) the headquarters of the university shall be at delhi (4) the university may establish or maintain campuses and centres at such other places within india and outside india in the saarc region as it may deem fitjurisdiction5 the jurisdiction of the university shall extend to whole of india and to campuses and centres established outside india in the saarc region :provided that where the university establishes and maintains any campus or centre outside india at any place in the saarc region, then the jurisdiction of the university shall extend to such campus or centre, subject to the provision of the agreement and laws in force in any of the member states within which such campus or centre is situatedgoverning board6 (1) there shall be a governing board of the university consisting of two members from each of the member states of the saarc and the president of the university:provided that until the first governing board is formed, the inter-governmental steering committee of the saarc shall function as an interim governing board(2) the governing board shall be headed by the chairperson who shall be elected from amongst the members of the governing board(3) the members of the governing board shall be selected in such manner and for such term as provided in article 5 of the schedule(4) the president of the university shall be the exofficio member of the governing board(5) the governing board shall be responsible for all the policies and directions of the university and management of its affairs(6) the chairperson of the board shall exercise such powers as may be prescribed by statutes7 the objectives of the university shall be—objectives of university(a) to disseminate and advance knowledge, wisdom and understanding by providing instructional and research facilities in such branches of learning as it may deem fit;(b) to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary studies and application of knowledge to social advancement, and human welfare and to the promotion of regional peace and security;(c) to impart liberal and humane education towards capacity building of the south asian nations in the domain of science, technology and other areas of higher learning vital for improving their quality of life and to give students the analytical tools needed for the pursuit of profession and inculcate in them the quality of leadership;(d) to foster in the students sound civic sense and to train them to become useful citizens of democratic societies;(e) to build a south asian community of learning where students from countries of south asia are able to develop their fullest intellectual potential and to create a south asian community by strengthening regional consciousness; and(f) to harmonise the academic standards and accreditation norms in teaching, research and curriculum that are acceptable to all member states 8 the university shall have the following powers, namely:—powers of university(i) to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;(ii) to establish such special centres and specialised laboratories and such other units for research and instruction as are necessary for the furtherance of its objects;(iii) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose;(iv) to grant, subject to such conditions as the university may determine, diplomas or certificates and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;(v) to confer honorary degrees or other distinctions in the manner prescribed by the statutes;(vi) to organise and to undertake open learning programmes, extramural studies, training and extension services;(vii) to institute chairs, principalships, professorships, readerships and lecturerships and other teaching and academic positions, required by the university and to appoint persons to such chairs, principalships, professorships, readerships and lecturerships and other teaching and academic positions;(viii) to appoint visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university;(ix) to recognise persons as professors, readers or lecturers or otherwise as teachers of the university;(x) to create administrative and other posts as the university may deem necessary from time to time and to make appointments thereto;(xi) to lay down conditions of service of all categories of employees, including their code of conduct;(xii) to establish and maintain campuses, centres, regional centres as may be determined from time to time;(xiii) to admit to its privileges institutions situated within its jurisdiction as the university institutions and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes;(xiv) to co-operate or collaborate or associate with any other university or authority or institution of higher learning or any other public or private body, having in view the promotion of purposes and objects similar to those of the university, in such manner as may be prescribed and for such purposes as may be determined or agreed upon by the university;(xv) to determine standards of admission, including examination, evaluation or any other method of testing, to the university, and the institutions maintained by or admitted to the privileges of the university;(xvi) to demand and receive payment of fees and other charges as may be prescribed;(xvii) to establish halls and to recognise, guide, supervise and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition;(xviii) to make arrangements for promoting health and general welfare of students and employees of the university;(xix) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary;(xx) to institute and award fellowships, scholarships, studentships and prizes; (xxi) to receive benefactions, donations and gifts in accordance with the regulations made by the governing board as per norms of the saarc and to acquire, hold, manage and dispose off any property, movable or immovable, including trust and endowment properties, for the purposes or objects of the university and to invest funds in such manner as it deems fit;(xxii) to borrow, with the approval of the governing board, on the security of the university property, money for purposes of the university;(xxiii) to recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may, from time to time, be prescribed and to withdraw such recognition;(xxiv) to enter into any agreement for the incorporation of any other institution in the university and for taking its rights, properties and liabilities and for any other purpose not repugnant to this act;(xxv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies as it may deem necessary;(xxvi) to provide for the printing, reproduction and publication of research and other work which may be issued by the university;(xxvii) to exercise such other powers accorded to it under the agreement; and (xxviii) to do all such other acts as may be necessary, incidental or conducive to the promotion of all or any of the objects of the universityuniversity open to all persons9 the university shall be open to all persons irrespective of gender, caste, creed, disability, ethnicity or socio-economic background and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereofvisitor10 (1) the foreign minister of the current chair of the saarc shall be the visitor of the university(2) the visitor shall have such powers as may be prescribed by the statutesofficers of university11 (1) there shall be a president of the university and such other officers, appointed in such manner as may be prescribed, who shall exercise such powers and functions as may be prescribed(2) the president shall be the chief executive officer of the universitypresident and its powers12 (1) the president shall be appointed by the governing board in such manner as may be prescribed by the statutes:provided that until the president is appointed, the chief executive officer of the project office shall exercise the powers of the president and function as chief executive officer of the university(2) the president shall, as the chief executive officer, exercise general supervision and control over the affairs of the university and shall be responsible for implementing the objectives of the university and fulfilling the policy directives of governing board(3) the president may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority at its next meeting the action taken by him on such matter:provided that such exercise of power shall be made only in emergent situations and in no case in respect of creation and upgradation of posts, and appointments thereto:provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the governing board whose decision thereon shall be final(4) the president, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act and the statutes or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the governing board whose decision thereon shall be final(5) the president or any officer of the university, authorised by him in this behalf, shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university(6) the president shall exercise such other powers as may be prescribed by the statutesother officers13 the manner of appointment and powers and duties of other officers of the university shall be such as may be prescribed by the statutesprivileges and immunities of president and academic staff46 of 194714 the university, the president and the members of the academic staff and, where applicable, their dependents or members of the family, shall enjoy such privileges and immunities as the central government may notify under section 3 of the united nations (privileges and immunities) act, 194715 the following shall be the authorities of the university:—authorities of university(a) the executive council, (b) the academic council, and (c) such other authorities as may be declared by the governing board in the statutes to be the authorities of the universitye x e c u t i v e council16 (1) the executive council shall be the executive body of the university and shall exercise powers to give effect to the directions or decisions of the president and the governing board(2) the constitution of the executive council, the term of office of its members and its powers and functions shall be such as may be prescribed by the statutesacademic council17 (1) the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and regulations, co-ordinate and exercise general supervision over the academic policies of the university(2) the constitution of the academic council, the term of office of its members and its powers and functions shall be such as may be prescribed by the statutesconstitution of other authorities18 the constitution of the authorities under clause (c) of section 15, the terms of the office of the members of such authorities and their powers and duties shall be such as may be prescribed by the statutes19 (1) the university shall have such faculties as may be prescribed by the statutesthe faculties and departments(2) each faculty shall have such departments or schools of studies as are prescribed by the statutes, and each department or schools of studies shall have such subjects of study as may be assigned to it by regulationsstatutes20 (1) subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) powers of the visitor;(b) powers of the chairperson of the governing board; (c) manner of appointment of the president and its powers;(d) the constitution, powers and functions of the executive council, academic council and other authorities and bodies of the university;(e) categories of academic staff; (f) appointment of teachers, academic staff and other employees of the university;(g) establishment of faculties of the university; (h) the conditions under which institution may be admitted to the privileges of the university and the withdrawal of such privileges;(i) the conferment of honorary degrees; (j) delegation of powers vested in the authorities or officers of the university; (k) setting up of a machinery for redressal of grievances between employees or the students and the university; and(l) all other matters which by this act are to be or may be provided for by the statutes (2) the first statutes shall be those as may be made for the operation of the university by the inter-governmental steering committee of the saarc(3) the governing board may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (2):provided that the governing board shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed has been considered by the governing boardregulations21 (1) subject to the provisions of this act and the statutes, the regulations may provide for all or any of the following matters, namely:—(a) the admission and enrolment of students to the university and institutionsmaintained by, or admitted to, the privileges of the university;(b) the courses of study to be laid down for all degrees, diplomas and certificatesof the university;(c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;(e) the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university;(f) the institution of, and conditions for award of, fellowships, scholarships, studentships and prizes;(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;(h) the conditions of residence of students of the university; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;(j) the establishment of centres, university institutes, departments, schools of studies, boards of studies, specialised laboratories and committees;(k) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university;(l) the manner of cooperation and collaboration with other universities, institutions and other bodies or associations; and(m) all other matters which by this act or the statutes are to be or may be, provided for, by the regulations (2) the first regulations shall be made by the chief executive officer of the project office with the prior approval of the inter-governmental steering commitee and the regulations so made may be amended, repealed or added to any time by the governing board in the manner prescribed by the statutesbye-laws22 the authorities of the university may make bye-laws consistent with this act, thestatutes and the regulations for the conduct of their own business and not provided for by this act, the statutes or the regulations, in the manner as may be prescribed by statutespower to give retrospective effect tostatutes andregulations23 the power to make statutes or regulations shall include the power to giveretrospective effect, from a date not earlier than the date of commencement of this act, tothe statutes or regulations or any of them but no retrospective effect shall be given to any statute or regulation so as to prejudicially affect the interests of any person to whom such statute or regulation may be applicableannual report24 (1) the annual report of the university shall be prepared under the direction ofthe governing board and shall be considered by the university at its annual meeting the annual report of the university shall also be presented to the session of the council of ministers of the saarc(2) the annual report of the university shall be circulated to all the saarc member states through the saarc secretariat| audit | of ||-------------------------------------------------------------------------------------------|------|| accounts | || 25 | ( || intervals of not more than fifteen months, be audited by any person or firm authorised by | || the governing board | |(2) the accounts of the university shall be audited, as per existing norms as laid down by the saarc(3) the accounts, when audited shall be published, and a copy of the accounts together with the audited report shall be submitted to the secretary-general of the saarcconditions of service ofemployees26 (1) every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned(2) any dispute arising out of the contract between the university and any employee shall be referred to the tribunal for arbitration constituted for that purpose(3) the decision of the tribunal shall be final and no suit shall lie in any court in respect of the matters decided by the tribunal(4) the procedure for regulating the work of the tribunal under sub-section (2) shall be prescribed by the statutes27 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-sections (2), (3) and (4) of section 26 shall, as far as may be, apply to the reference made under this sectionprocedure of arbitration in disciplinary cases against students28 no act or proceedings of the university or any of its authorities or bodies shall be invalid merely by reason of the existence of a vacancy or vacanies among its membersproceedings of university authorities or bodies not invalidated by vacanciesprotection of action taken in good faith29 no suit or other legal proceeding shall lie against the univeristy, any of its officers or employees for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act30 all differences arising out of the interpretation or application of the agreement shall be referred to the saarc arbitration council, unless in any case it is agreed by the parties to have recourse to another mode of settlementreference to saarc arbitration council31 (1) the statutes, regulations and bye-laws made under this act shall be published in the official gazette(2) every statute, regulation or bye-law made under this act shall be laid, as soon as may be after it is made, before each house of parliamentstatutes and regulations and bye-laws to be published in official gazette and to be laid before parliamentpower to remove difficulties32 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of three years from the commencement of this act(2) every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each house of parliament the schedule (see section 3)provisions of the agreement to have the force of law article 1 establishment of the south asian university1 there is hereby established an institution to be known as the south asian university(hereinafter referred to as the "university"), which shall be a non-state, non-profit self governing international educational institution with a regional focus for the purposes set forth in this agreement and shall have full academic freedom for the attainment of its objectives2 the main campus of the university shall be located in india 3 the university shall have full legal personality 4 the legal capacity of the university shall, inter alia, include:(a) the power to confer degrees, diplomas and certificates; (b) the capacity to contract; (c) to sue and be sued in its name;(d) to acquire, hold and dispose of properties; (e) to establish campuses and centres in the region; and (f) to make rules, regulations and bye-laws for the operation of the university article 2 objectives and functions of the south asian universitythe objectives and functions of the university shall, inter alia, include:1 to create a world class institution of learning that will bring together the brightest and the most dedicated students from all countries of south asia irrespective of gender, caste, creed, disability, ethnicity or socio-economic background to impart to them liberal and humane education and to give them the analytical tools needed for the pursuit of a profession and inculcate in them the qualities of leadership2 to build a south asian community of learning where every student will be able to develop her/his fullest intellectual potential and to create a south asian community by strengthening regional consciousness;3 to impart education towards capacity building of the south asian nations in the domain of science, technology and other areas of higher learning vital for improving their quality of life;4 to contribute to the promotion of regional peace and security by bringing together the future leaders of south asia, and enhancing their understanding of each others' perspectives5 to foster in the students sound civic sense and to train them to become useful citizens of democratic societies article 3 fundingthe university shall be non-profit public-private partnership, which will seek support from each of the national governments of member states and from other sources but will be autonomous and accountable to its board of trustees/governors article 4 the fiscal status1 the university and its campuses and centres shall be exempted, in the state where it is located, from paying and from collecting all direct and indirect forms of taxes and duties for the establishment and operations of the university2 the university shall enjoy treatment in relation to priorities, rates and charges for utilities that are not less favourable than that accorded to state owned enterprises and universities3 the university has the right to accept inter vivos as well as testamentary gifts, contributions, and donations in cash or in kind for the objectives of the university all such gifts and donations from any legal or physical person are fully deductible without any limit against the income of such donor or contributor in the respective founding states4 taxation and social protection of the citizens of the founding states employed by the university shall be regulated in accordance with the respective national legislation of the respective states the employees of the university from countries other than the host country will be governed by the income-tax laws of the home countries and will not be taxed as per the laws of the host country article 5 governance structure1 the university shall be governed by a governing board, composed of two members from each member state, and will be headed by a chairperson the chairperson shall be elected from among the members of the governing board2 each member of the governing board shall serve office for a fixed term of three years and shall not hold office for more than two consecutive terms the members shall be selected from amongst the distinguished persons from the region and shall be responsible for the overall policies and directions of the university the powers and functions of the chairperson of the governing board and the role of the board shall be decided as per the rules and regulations of the university3 the university shall be headed by a president, appointed by the governing boardthe appointment, tenure, powers and functions shall be decided as per the rules and regulations of the university4 the president shall also be the chief executive officer (ceo) and an ex officio member of the governing board the president as the ceo of the university, will report to the board and hold office at the pleasure of the board he will be responsible for implementing the vision and the foundation statement of the university, ensuring the purpose and objectives of the university, upholding uniformly high academic standards, and fulfilling the policy directives of the board of the university5 the president as the chief executive officer of the university shall act under direction of the governing board the president shall be assisted by an executive council the president shall constitute the academic council, different committees and appoint the principal officers of the university as per bye-laws article 6 visa and resident permitthe member states shall provide appropriate visas to the students, faculty and staff for travel in all the saarc member states and grant necessary resident permit for students, faculty and administrative staff to work in the university and its different campuses, centres and collaborative educational institutions article 7 recognition of the degreesthis agreement shall facilitate the mutual recognition of degrees and certificates awarded by the university in all the saarc member states at par with the degrees and certificates issued by their respective national universities/institutions statement of objects and reasonsthe vision of establishing the south asian university was born at the thirteenth saarc summit held in dhaka in november, 2005 to provide world class facilities and professional faculty to students and researchers from the member states of the south asian association for regional co-operation (saarc)2 the agreement for the establishment of south asian university was signed on behalf of the respective governments of the member states of the saarc on the 4th day of april 2007 at the fourteenth saarc summit the member states also decided that the main campus of the south asian university shall be located at new delhi3 the object of the proposed legislation is to establish a world class institution that will attract the brightest and most dedicated students and teachers from across south asia with a view to (i) disseminating and advancing knowledge, wisdom and understanding by providing instructional and research facilities in various branches of learning; (ii) taking appropriate measures for promoting innovations in teaching-learning process, interdisciplinary studies and application of knowledge to social advancement, and human welfare; (iii) imparting education towards capacity building of the south asian nations in the domain of science, technology and other areas of higher learning vital for improving their quality of life; (iv) promoting regional peace and security by creating a multicultural atmosphere of tolerance and understanding; (v) fostering sound civic sense and to train them to become useful citizens of democratic societies; and (vi) building a south asian community of learning by strengthening regional consciousness4 the proposed university, inter alia, seeks to harmonise the academic standards and accredition norms in teaching, research and curriculum that are acceptable to all member states of the saarc the proposed bill also takes into account the needs and activities of the university which will be conducive to the efficiency and development of the higher education in the south asian region5 the bill seeks to achieve the above objectsnew delhi;pranab mukherjeethe 17th december, 2008 notes on clausesclause 1 of the bill seeks to provide that the provisions of the proposed legislation are to extend to the whole of india and to campuses and centres established outside india in the saarc regionclause 2 of the bill seeks to provide definitions of various terms used in the act, such as, "host country", "project office" and "regional centres"clause 3 of the bill seeks to provide that the provisions of the agreement for establishment of the south asian university set out in the schedule shall have the force of law in indiaclause 4 of the bill seeks to provide that the central government shall establish the south asian university with its headquarters at delhi it further seeks to provide that the university shall be a body corporate and to confer on the university the power to establish or maintain campuses and centres at such other places within india and outside india in the saarc region as it may deem fitclause 5 of the bill seeks to provide that the jurisdiction of the university shall extend to whole of india and to campuses and centres established outside india in the saarc regionclause 6 of the bill seeks to provide that the governing board of the university shall consist of two members from each member states of the saarc and the president of the university the governing board shall be responsible for all the policies and directions of the university and management of its affairsclause 7 of the bill seeks to provide various objectives of the university, such as, to disseminate and advance knowledge, wisdom and understanding by providing instructional and research facilities in such branches of learning as it may deem fit and to harmonise the academic standards and accredition norms in teaching, research and curriculum that are acceptable to all member statesclause 8 of the bill seeks to provide various powers of the university, such as, to establish such special centres and specialised laboratories and such other units for research and instruction as are necessary for the furtherance of its objects, to institute chairs, principalships, professorships, readerships and lecturerships and other teaching and academic positions, required by the university and to appoint persons to such chairs, principalships, etc and other teaching and academic positions and to establish and maintain campuses, centres and regional centresclause 9 of the bill seeks to provide that the university shall be open to all persons irrespective of gender, caste, creed, disability, ethnicity or socio-economic backgroundclause 10 of the bill seeks to provide that the foreign minister of the current chair of the saarc shall be the visitor of the universityclause 11 of the bill seeks to provide that the president shall be the chief executive officer of the university and other officers are to be appointed in such manner as may be prescribedclause 12 of the bill seeks to provide that the president shall be appointed by the governing board in such manner as may be prescribed by the statutes and he shall, as the chief executive officer, exercise general supervision and control over the affairs of the university and shall be responsible for implementing the objectives of the university and fulfilling the policy directives of governing boardclause 13 of the bill seeks to provide that the manner of appointment and powers and duties of other officers of the university shall be such as may be prescribed by the statutesclause 14 of the bill seeks to provide that the university, the president and the members of the academic staff who are not citizens of, or permanent residents of, india and their dependents or members of the family, shall enjoy such privileges and immunities as the central government may, by notification under section 3 of the united nations (privileges and immunities) act, 1947, declareclause 15 of the bill seeks to provide that the executive council, the academic council and such other authorities as may be declared by the governing board in the statutes shall be the authorities of the universityclause 16 of the bill seeks to provide that the executive council shall be the executive body of the university and shall exercise powers to give effect to the directions or decisions of the president and the governing boardclause 17 of the bill seeks to provide that the academic council shall be the principal academic body of the university and shall exercise general supervision over the academic policies of the universityclause 18 of the bill seeks to provide that the constitution of the other authorities under section 15, the terms of the office of the members of such authorities and their powers and duties shall be such as may be prescribed by the statutesclause 19 of the bill seeks to provide that the faculties of the university shall be such as may be prescribed by the statutesclause 20 of the bill seeks to provide that the matters mentioned in its sub-clause (1)are to be prescribed by the statutes, such as, powers of the visitor and powers of the chairperson of the governing board it further seeks to provide that the first statutes are to be those as may be made for the operation of the university by the inter-governmental steering committee of the saarc and the governing board may make new or additional statutes or may amend or repeal the first statutesclause 21 of the bill seeks to provide that the matters mentioned in its sub-clause (1)are to be prescribed by regulations, such as, the admission and enrolment of students to the university and institutions maintained by or admitted to the privileges of the university, and the courses of study to be laid down for all degrees, diplomas and certificates of the universitythe first regulations are to be made by the chief executive officer of the project office with the prior approval of the inter-governmental steering committeeclause 22 of the bill seeks to provide that the authorities of the university may make bye-laws consistent with this act, the statutes and the regulations for the conduct of their own business and not provided for by this act, the statutes or the regulationsclause 23 of the bill seeks to confer the powers on the authorities to make statutes or regulations with retrospective effect, from a date not earlier than the date of commencement of this actclause 24 of the bill seeks to provide for the preparation of the annual report of the university and its circulation to all the saarc member states through the saarc secretariatclause 25 of the bill seeks to provide that the accounts of the university shall be audited as per existing norms as laid down by the saarcclause 26 of the bill seeks to provide that the employees are to be appointed under a written contract any dispute arising out of the contract between the university and any employee is to be referred to the tribunal for arbitration constituted for that purposeclause 27 of the bill seeks to provide that any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitrationclause 28 of the bill seeks to provide that acts or proceedings of the university or any of its authorities or bodies shall not be invalidated by reason of the existence of any vacancy or vacancies among its membersclause 29 of the bill seeks to provide that any suit or legal proceeding shall not lie against the university, any of its officers or employees for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this actclause 30 of the bill seeks to provide that the differences arising out of the interpretation or application of the agreement shall be referred to the saarc arbitration council unless it is agreed to by the parties to have recourse to another mode of settlementclause 31 of the bill seeks to provide that all statutes, regulations or bye-laws made under this act are to be published in the official gazette and every statute, regulation or bye-law is to be laid before each house of parliamentclause 32 of the bill seeks to confer on the central government the power to make orders to remove any difficulty which arises in giving effect to the provisions of this act but any such order is not to be made after the expiry of three years from the commencement of this act financial memorandumthe agreement for the establishment of south asian university provides that the south asian university shall be located at delhi initially, the ministry of external affairs of the government of india provided 100 acres of land (on lease), which is dedicated to the people of south asia as part of india's commitment to the south asian association for regional co-operation (saarc) in discharging its responsibilities in a non-reciprocal manner, india would be prepared to provide funds over and above its assessed contribution for the smooth establishment and maintenance of the universityfurther, the said agreement provides that the university shall be a non-profit publicprivate partnership, which will seek support from each of the national governments of member states and from other sources but will be autonomous and accountable to its board of trustees or governors accordingly, the university funding is based on the assessed contributions among the members states in addition to benefactions, donations and gifts received in accordance with the regulations made by the governing board as per the general norms and practices of the saarc memorandum regarding delegated legislationsub-clause (6) of clause 6 provides that the chairperson of the board shall exercise such powers as may be prescribed by statutessub-clause (v) of clause 8 seeks to empower the university to confer honorary degrees or other distinctions in the manner prescribed by the statutessub-clause (xiii) of clause 8 seeks to empower the university to admit to its privileges institutions situated within its jurisdiction as the university institutions and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutessub-clause (xiv) of clause 8 provides that the university shall co-operate or collaborate or associate with any other university or authority or institution of higher learning or any other public or private body having in view the promotion of purposes and objects similar to those of the university, in such manner as may be prescribed and for such purposes as may be determined or agreed upon by the universitysub-clause (xxiii) of clause 8 provides that the university may recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may, from time to time, be prescribed and to withdraw such recognitionsub-clause (2) of clause 10 provides that the visitor shall have such powers as may be prescribed by the statutessub-clause (1) of clause 11 seeks to provide that there shall be a president of the university and such other officers, appointed in such manner as may be prescribed, who shall exercise such powers and functions as may be prescribedsub-clause (1) of clause 12 provides that the president shall be appointed by the governing board in such manner as may be prescribed by the statutessub-clause (6) of clause 12 provides that the president shall exercise such other powers as may be prescribed by statutesclause 13 provides that the manner of appointment and powers and duties of other officers of the university shall be such as may be prescribed by the statutessub-clause (c) of clause 15 provides that such other authorities as may be declared by the governing board in the statutes are to be the authorities of the universitysub-clause (2) of clause 16 provides that the constitution of the executive council, the terms of office of its member and its powers and functions shall be such as may be prescribed by statutessub-clause (2) of clause 17 provides that the constitution of the academic council, the terms of office of its members and its powers and functions shall be such as may be prescribed by statutesclause 18 provides that the constitution of the authorities under clause (c) of section15, the terms of the office of the members of such authorities and their powers and duties shall be such as may be prescribed by the statutessub-clause (1) of clause 19 provides that the university shall have such faculties as are prescribed by the statutessub-clause (2) of clause 19 provides that each faculty shall have such departments as are prescribed by the statutes, and each department shall have such subjects of study as may be assigned to it by regulationssub-clause (1) of clause 20 enumerates that, subject to the provision of this act, the statutes may provide for all or any of the matters, provided therein including the powers of the visitor and the constitution, powers and functions of the executive council, academic council and other authorities and other bodies of the universitysub-clause (1) of clause 21 stipulates that, subject to the provisions of this act and the statutes, the regulations may provide for all or any of the matters provided therein including the admission and enrolment of students to the university and institutions maintained by or admitted to the privileges of the university and the courses of study to be laid down for all degrees, diplomas and certificates of the universityclause 22 provides that the authorities of the university may make bye-laws consistent with this act, the statutes and the regulations for the conduct of their own business and not provided for by this act, the statutes or the regulations, in the manner as may be prescribed by statutessub-clause (4) of clause 26 provides that the procedure for regulating the work of the tribunal under sub-section (2) shall be as prescribed by the statutesthe matters in respect of which statutes and regulations may be made in accordance with the provisions of the bill are matters of procedure and detail, and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character rajya sabha———— a billto give effect to the agreement for the establishment of south asian university and for matters connected therewith or incidental thereto————(shri pranab mukherjee, minister of external affairs)gmgipmrnd—4532rs(s5)—18-12-2008

Parliament_bills

2ba14d1a-0957-57b4-8231-443657787382

bill no 20 of 2012 the constitution (amendment) bill, 2012 byshri deepender singh hooda, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2012amendment of article 852 in article 85 of the constitution, in clause (1), the following proviso shall be added at the end, namely: statement of objects and reasonsthe constitution of india does not specify the number of sittings of each house of parliament it merely says that six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session there is, of late, a growing tendency to curtail the number of sittings of the housesindia is a country with complex problems which need immediate and durable solutionsparliament is the supreme law making body if it meets only for a limited number of days, it will cease to be an effective platform for the people to ventilate their grievances and seek remedy the all india presiding officers conference discussed the matter and proposed that the number of sittings of parliament and state legislatures be increased but, so far, no initiative in this regard has come from the central governmentparliament and state legislatures should meet more often to discuss legislative proposals and other burning problems of the peoplethe present bill provides that the each house of parliament should meet at least for one hundred and fifty days in a calendar year thus it aims at fulfilling the long felt desire of the people and their representativesnew delhi;deepender singh hoodanovember 30, 2011 annexure extract from the constitution of india 85 (1) the president shall from time to time summon each house of parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next sessionsessions of parliament, prorogation and dissolution(2) the president from time to time—(a) prorogue the houses or either house; (b) dissolve the house of people lok sabha———— a billfurther to amend the constitution of india————(shri deepender singh hooda, mp)gmgipmrnd—4241ls(s3)—14032012

Parliament_bills

d029b8c4-fb16-58ac-8d05-65bf1fff68b0

bill no 55 of 2018 the medical termination of pregnancy (amendment) bill, 2018 by shri shrirang appa barne, mp a bill further to amend the medical termination of pregnancy act, 1971be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the medical termination of pregnancy (amendment)act, 20185 (2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of section 334 of 19712 in section 3 of the medical termination of pregnancy act, 1971 (hereinafter referredto as the principal act), in sub-section (2), in clause (b), for the words "twenty weeks", thewords "twenty-four weeks and in case of rape survivor', anytime during the pregnancy but before twenty-seven weeks" shall be substituted103 for section 4 of the principal act the following section shall be substituted, namely:—substitution of new section for section 4"4 no termination of pregnancy shall be made in accordance with this act at any place other than a hospital or medical college established or maintained by the government of india"4 after section 4, of the principal act the following section shall be inserted, namely:—central supervisory board5"4a (1) there shall be established a board to be known as central supervisory board which shall consist of such number of eminent medical geneticists, gynaecologists and obstetricians, paediatricians, social scientists and representatives of women welfare organization as may be prescribed to discharge functions assigned under this act10(2) the chairperson of the board shall be appointed from amongst the members of the board;(3) the terms and conditions of appointment of the chairperson and members of the board shall be such as may be prescribed"amendment of section 5155 in section 5 of the principal act, in-section (1), the following provisos shall be inserted, namely:—"provided that if in the majority opinion of the central supervisory board, continuance of pregnancy may involve a substantial risk in case the child is born with following abnormalities:—(a) chromosomal abnormalities;(b) genetic metabolic diseases;20(c) haemoglobinopathies;(d) sex-linked genetic diseases;(e) congenital abnormalities; or25(f) another abnormalities or diseases as may be specified by the central supervisory board, the pregnancy, irrespective of the length of pregnancy, shall be terminated in accordance with the provisions of section 4:provided further that if the pregnant woman irrespective of her age is a rape survivor, the pregnancy be terminated within twenty-seven weeks of such pregnancy in accordance with the provisions of section 4"30 statement of objects and reasonsthe medical termination of pregnancy act was enacted in 1971 since its enactment, there have been spectacular socio-economic changes in the society the lifestyle of the people has also changed considerably besides, technology in medical science has improved very much and there have been new techniques, which can detect foetal abnormalities in the advanced stage of pregnancy also these techniques were not known or available when the act was enacted in 1971in our country abortion is legal only up to twenty weeks of pregnancy under specific conditions and situations, broadly defined as the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury of physical or mental health, or there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicappedsometimes, it may happen that a defective child in the womb may cause substantial physical damage to the mother and it may result in death of the child or the mother therefore, it would be better if the abnormalities are detected and aborted in time with the latest technologyrecently, the supreme court permitted a rape survivor to terminate her pregnancy at twenty-four weeks, which is beyond the permissible twenty weeks limit prescribed under the medical termination of pregnancy act, 1971 their grounds were that continuing the pregnancy could greatly endanger her physical and mental health in this instance, the supreme court directed the members of the appointed medical board to examine the petitioner and the viability of the pregnancy the board found that the foetus had multiple congenital anomalies and the severity of these anomalies posed a grave risk to the physical and mental health of the petitioner therefore, the medical board recommended that the petitioner be allowed not to continue the pregnancy based on these recommendations, the supreme court granted the petitioner permission to terminate her pregnancythis is not the first time that the supreme court has permitted a woman to abort a foetus older than twenty weeks in 2015, the apex court overturned a decision by the gujarat high court in a similar case the gujarat high court had denied permission to a fourteen year-old rape survivor to abort her twenty-five week old foetus interestingly, while delivering its verdict, the high court acknowledged the adverse physical, emotional and psychological implications of the decision on the petitioner's life, but ultimately chose to subscribe to the law the girl then approached the supreme court, which recommended that a medical panel examine the girl and decide whether the termination of pregnancy was in her best interests; if the panel was in favour of the abortion, then the girl could go ahead with the terminationthere is a provision in the parent act for termination of pregnancy if it is found that the continuance of the pregnancy would involve a substantial risk to the life of the women and the termination can be made at any time even in the advance stage, that is length of the pregnancy would not be a deciding factor but, there is no provision for termination of pregnancy if the child to be born with abnormalities like genetics, severe heart diseases and likewise therefore, it is proposed that a suitable amendment to the parent act be made so that pregnancy can be terminated even in the advanced stage if continuance of pregnancy involves a substantial risk of the child being born with certain specified abnormalities however, it is also necessary to ensure that the termination of pregnancy is conducted under the supervision of a medical board and that too in a designated place moreover, it is also required to ensure that if the pregnant woman is a rape survivor, the pregnancy be terminated without the supervision of any medical board but in a designated place within twenty-seven weeks of such pregnancythe bill seeks to achieve the above objectivenew delhi;shrirang appa barnejanuary 22, 2018 annexure extracts from the medical termination of pregnancy act, 1971 3 when pregnancies may be terminated by registered medical practitioners—(1) notwithstanding anything contained in the indian penal code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this act(2) subject to the provisions of sub-section (4) a pregnancy may be terminated by a registered medical practitioner,—(a) where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are, of opinion, formed in good faith, that—(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or(ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities to be seriously handicapped explanation 1—where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant womanexplanation 2—where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be resumed to constitute a grave injury to the mental health of the pregnant woman(3) in determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2) account may be taken of the pregnant women's actual or reasonable foreseeable environment(4) (a) no pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian(b) save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman 4 place where pregnancy may be terminated - no termination of pregnancy shall be made in accordance with this act at any place other than—(a) a hospital established or maintained by government, or (b) a place for the time being approved for the purpose of this act by government or district level committee constituted by that government with the chief medical officer or district health officer as the chairperson of the said committee:provided that the district level committee shall consist of not less than three and not more than five members including the chairperson, as the government may specify from time to time 5 sections 3 and 4 when not to apply—(1) the provisions of section 4, and so much of the provisions of sub-section (2)of section 3 as relate to the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman(2) notwithstanding anything contained in the indian penal code, the termination of pregnancy by a person who is not registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but may extend to seven years under that code, and that code shall, to this extent, stand modified(3) whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be punishable with rigorous imprisonment for a term which shall not be less than two years but may extend to seven years(4) any person being owner of a place which is not approved under clause (b) of section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven yearsexplanation 1 - for the purpose of this section the expression "owner" in relation to a place means any person who is the administrative head or otherwise responsible for the working of maintenance of a hospital or place, by whatever name called, where is pregnancy may be terminated under this actexplanation 2 - for the purposes of this section, so much of the provisions of clause (d) of section 2 as relate to the possession, by registered medical practitioner, of experience or training in gynaecology and obstetrics shall not apply lok sabha———— a billfurther to amend the medical termination of pregnancy act, 1971————(shri shrirang appa barne, mp)gmgipmrnd—3953ls(s3)—19-02-2018

Parliament_bills

8f01edda-ccaa-57a8-8377-1be017419636

the appropriation (vote on account) bill, 1960(as introduced in lok sabha on 10th march, 1960) bill, 1960 (as introduced in lok sabha) a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1960-61 be it enacted by parliament in the eleventh year of the republic of india as follows:-1 this act may be cnlled the appropriation (vote on account) short titl •• act, 1960 5 2 from and out of the consolidated fund of india there may be withdrawal withdrawn· sums not exceeding those specified in column 3 of the 906fs 6ra - 49:1\000 schedule amounting in the aggregate to the sum of nine hundred from ana out and sixty-five crores, sixty-four lakhs and ninety-two thousand ~~li~~~fon­rupees towards defraying the several charges which will come in fur d":d °ti! h , n ii or t e ie course of payment durmg the financial year 1960-61 financial year 1960-61 3 the sums authorised to be withdrawn from and out of the appropria-consolidated fund by this act shall be appropriated for the services tion and purposes expressed in the schedule in relation to the said year the schedulesums not exceedina no·1 of services and purposes vote voted by parliament charged on ! the conaoli-i dated fund total -r;:--·--rs -- \ -_ i-s---10 and ministry of commerce industry 6,39,000 \ 6,39,000 2,17,71,000 2,17,71,000 2 industries 3 salt 4 commercial statistics intelligence i and i s 20,52,000 miscellaneous departments and expenditure under the minitry of commerce and industry 6 ministry of community development and co-operation 7 community development project, national extension service md co-operation 1,97,86,000 ministry of defence 8 9 defence services, ' effective • army defence: servicc:s·-effective· ·navy defence services -·effective-air force defence serviccs-·non-etfcctive charges 671000 ministry of education 3,53,000 education 2,97,08,000 3s miscellaneous departments and other expenditure under the ministry of education 31,86,000 i 31,86,000 tribal areas 8s,6s,ooo naga hills·· tuenll8il8' area external affair ' 98,80,000 1000 28,60,000 40 state of pondicherry 28,59,000 i 41,000 \ i miscellaneous expenditure under the ministry of external affain 41,000 i \ _ ____ _ _~ ___ __ __ _3 --------___---__---i no of services and purposes 5 vote sulnl not exceedi11l --voted by parliament total rs 21 ministry of finane: rs 1398,000 --- - -----charged on the consolidated fund ----i __ ___ '------rs 13,98,000 i 32,84000 22 customs 32,87000 10 23 union excise duties 24 h,ooo taxes on income includin& corporation tax, etc 1 73,67,000 1 i 49,66,000 i 25 449,67,000 opium 26 84,000 stampi 2161,000 15 27 1,85,000 1,0140,000 audit ' 281,,6,000 currency 31,65,000 129 mint 54,98,000 196,000 30 territorial and political pensions 31 superannuation allowances and lo pensions 5,91,000 6,1506,000 32 miscellaneous departments and other expenditure under the ministry of finance 6,15,06,000 i 21,17,000 planning commission 331 25 34 1,34,000 , miscellaneous adjustments between the union and state governments 1,13,000 4,32000 35 pre-partition payments 3,20,000 i i 30 charged •• - interest on debt and other obligations and reductio" or avoidance of debt chargbd- grants-in-aid to states 36 ministry of food and agriculture 23,33,000 2333000 37 forest 87,83,000 : 87,83,000 35 38 agriculture 43,58,000 43,58,000 39 agricultural research 40 animal husbandry 40 60000 1,06,16,000 1 miscellaneous departments and other expenditure under the ministry of food and agriculture - ---------------------------1---------'---------------------no sums not exceewlil v~~el services and purpose -vc,;ib;--' charaed on-i----:----- 5 1 parliament the consolidated fund i total --,-------~ - -_ - ~- _____ -~--4- -- __-- - ___ -1-__ -- --4' i mhu",y ofhjth :~ i ro i :; - -43 medical and public health 2,33,69,000 i 2,33,69,000 10 7,82,000 782,000 ! i 27,83000 44 miscellaneous departments and expenditure under the ministry ofhca1th i 4s i ministry of home affairs 27,83,000 i 3,15,000 3,15,000 23,000 is 46 i cabinet 471 zonal councils 1,69,000 48 administration of justice 20,000 i l,of9,000 i 60,09,000 6009000 49 police 12,69000 so census 12,69,000 15,83,000 51 statistics 15,83,000 20 privy purses and allowances of indian rulers 13615000 1>43000 delhi 1,04,68,000 100471,000 53 23,000 58,05,000 himachal pradesh 57,82,000 s4 55 andaman and nicobar islands 24>73000 11,000 27>40 ,000 56 manipur 25 10,000 35,63000 57 tripura 58 197000 laccadive, minicoy and amindivi islands 59 30 87,99,000 miscellaneous departments and expenditure under the ministry of home affairs 60 l,is,ooo ministry of information and broadcaating 42,83000 61 broadcasting 62 35 31,72000 miscellaneous departments and expenditure under the ministry of information and broadcasw11 2,0),000 ministry of irrigation and power 1864000 multi-purpose river schemes ------ -,----------------------------total ~um8 not exceeding no of vote services and purpolea ~ ----------1---- s voted by parliament charged on the consolidated fund rs miscellaneous --::art-m-e~-ts-a-~;' --r-s-'---i---i ;:--65 10 other expenditure under the ministry of inigation and power 1541,000 i 15,41,000 66 ministry of labour and employ-i ment 67 chief inspector of mines 2,09,000 is 68 miscellaneous department and other expenditure under the ministry of labour and employment 94,51,000 94,51,000 2,32,000 69 mini,try of law 8,08,000 8,08,000 70 elections 2,81,000 2,81,000 20 71 ministry of rehabilitation 72 1,000 expenditure on displaced persons and minorities 73 2,81,000 2,81,000 ministry of scientific research nnd cultural affairs 10,17,000 archeology 2s 74 16,60,000 16,60,000 survey of india 75 1,44,000 botanical sllrvey 76 1,05,000 zoological survey 1,05,000 77 30 78 scientific research and cultural affairs 79 miscellaneous departments and expenditure under the ministry of scientific research and cultural affairs ministry of steel, mines and fuel 3,37,000 3,37,000 35 80 16,61,000 16,61,000 geoloaical survey 81 82 miscellaneous departments and other expenditure under the ministry of steel, mines and 40 fuel 1,000 45 ministry of transport and communications indian posts and telegraphs de· partment (including wurking expenses) -------------| | | 1 | _ _ _ ||------------------------------------|----------------------|-------|-----------|| sums not | excee_d_id_g | ____ | _ || i | | | || no | | | || of | | | || vo:e | | | || services and p'jrpoles | | | || 1 | | | || ~ | | | || rl | rl | | || voted | | | || by | | | || chanted | on | | || parliament | | | || 'he | consoli- | total | || 5 | | | || i | | | || dated | fund | | || -i------·-----~ | | | || -,-------"'--- | | | || 85 | | | || posts and | telegraphs-dividends | tol | || general revenues and | appro-i | | || priation | | | || to | | | || reserve funds | | | || 86 | | | || mercantile marine | | | || 1 | | | || lighthouses and lightships | | | || 87 | | | || 88 | | | || meteorology | | | || 76,000 | | | || ii | ,50,000 | | || 89 | | | || overseas communication service | | | || 10,74,000 | | | || 57,85,000 | | | || 57,85,000 | is | | || 90 | | | || aviation | | | || 88,83,000 | | | || 88,83,000 | | | || 91 | | | || central road | fund | | || 92 | | | || communications (including national | | | || highways) | | | || 93 | miscellaneous departmonts and ||---------------------------------|----------------------------------|| other expenditure under the | || ministry of transport and | || com- | || munications | || 5,38,000 | || 94 | || ministry of works, housing and | || supply | || 24,64,000 | || 95 | || supplies | || 2,37,03,000 | || 96 | || other civil works | || 2,34,69,000 | || i | || 65,88,000 | || 65,88,000 | || 1 | || 97 | stationery and printing || 13,20,000 | || miscellaneous departments | and || expenditure under the ministry | || of | works, housing and || 13,20,000 | || 30 | || 1,36,000 | || 1,36,000 | || department | of || 99 | || atomic energy research | || 100 | || parliamentary | || 101 | || 22,000 | || 22,000 | || department | || of | || affairs | || 6,000 | || lok sabha | || 102 | || 103 | || 4 | || 1 | || ,000 | || miscellaneous expenditure under | || the lok sabha | || 3,16,000 | || 6,000 | || rajya sabha | || 104 | || 8,63,000 | || 3,::: | || i | || 2,08,000 | || 2,08,000 | || 4 | || 0 | || charged-sta//, | || hous,hold | and || allowanc,s | of || 6,000 | || 6,000 | || ]05 | || secretariat | of |-~i---·-----~~-----i~------ ___ 3~--__ -_---no·1 i sums not exceeding of services and purposes ---- --~ - - -~ -i ----vote i ' voted by charged on total s i parliament the: co loli--dated fund --"---rs ri ri 3,80,000 ' 3,80,000 crargbd - u nio;, public s,""" commission 10106 capital outlay of the ministry of commerce and industry i 107 p,92,000 capital outlay of the ministry of i community development and co-operation i ~,30,33,ooo 15 108 33,000 defence capital outlay i capital outlay of the ministry of i education 1,90,000 capital outlay of the ministl1 of external affairs i,ii,ooo 1,11,000 20 iii capital outlay on indja security , press 45,89,000 4s,89,000 ij2 capital outlay on currency and coinage 84,000 84,000 i 113 capital outlay on mints 39,000 3,83,000 2s 1i4 ; commutl'd value ofpenaions 354,000 ii 1,000 1,000 lis payments to retrenched personnel n6 other capital outlay: of the ministry of finance 1,43,00,00,000 7,43,00,00,000 30 ii7 loans and advances by the central government i chargbd- repaymmt of d,", 47000 118 capital outlay on forests 10,000 i il9 - purchase of foodgrains 35 120 other capitlll outlay of the miniatry of food and alriculture 3,79,s4,000 3,000 i i 121 , i capital outlay of the ministry of health capital outlar of the ministry of home aifllrs - 122 40 14,94,000 1231 capital outlay of the miniatry of information and broadcasting --------!_----_---- _- -------~:~-------:------i------;:---::-:-----::-:: of servicce and purposes 1- - -- _ -- - - -- __-- _ 5 parliament the consoli-~ i ~~ ~~~ i dated fund total ~: -~ ita! ou~:-multi~::'e'i-'--rl~-- ---;::--~~-10 27,01,000 27,01,000 ~ver schemes - 22,52,000 22,52,000 i 125 other capital outlay of the minis-i tty of irrigation and power i 126 i capital outlay of the ministry of labo\u' and employment - 18,000 18,000 127 cakital outlay of the ministry of ehabilitation - - 1,84,77,000 1,84,77,000 [5 128 catta! outlay of the ministry of i ~:stifi~ res~arch ~nd c~ltura~ 25,06,000 25,06,000 129 ca~ital outlay of the ministry of ! tecl, mines and fuel i s,37,53,ooo 5,37,53,000 20 130 capital outlay on indian posts: and telegraphs (not met from i 1,96,39,090 revenue) l,c)6,39,000 131 capital outlay on civil aviation 38,30,000 8,000 38,38,000 132 capital outlay on ports 24,19,000 24,19,000 2s 133 capital outlay on road 1 1,66,67,000 1,66,67,000 134 other cat¥ta1 outlay of the mini· ",,?, ,, commu-i 88,62,000 88,62,000 rucauonl 135 delhi capital oltlay 57,16,000 80,000 57,96,000 30 136 capital < utlay on buildings 8199000 39,' 00 82,38,000 137 other calital outlali of the ministry 0 works, ouling and supply - - - - 58,68,000 :1,000 5869,000 138 capital ou~of the department «,16,000 35 of atomic ray f4,16,ooo ------ ---- -- ------grand total 16311>43,000 803,53>49,000 ~65,64,92 000 ------ ------ ---------- -~-- statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 116 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government, excluding railways, for a part of the financial year 1960-61 morarji desai new delhi; the 8th march, 1960 a bill to provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1960-6 i the president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, read with clause (2) of article 116 thueof, recommended to lok sabha the introduction and consideration of the bill m n kaul, sec1'etar'll 'sh, morarji desai, minister of finance)

Parliament_bills

b827e9ea-c4a8-5a7d-85e2-0d621d752305

bill no 68 of 2018 the high court of gujarat (establishment of a permanent bench at surat) bill, 2018 by shrimati darshana vikram jardosh, mp a billto provide for the establishment of a permanent bench of the high court of gujarat at suratbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title1 (1) this act may be called the high court of gujarat (establishment of a permanent bench at surat) act, 2018establishment of a permanent bench of the high court of gujarat at surat statement of objects and reasonsthe high court of gujarat is located at ahmedabad gujarat, being a vast state, people have to travel long distances with a lot of inconvenience in order to reach the high court at ahmedabad to pursue their casesthere has been a long pending demand from the people of the state especially those from bharuch, tapi, navsari, surat, dang and valsad districts that a bench of the high court be setup at surat which is a commercially important city of the state of gujarat it would greatly help the tribal people living in above said districts to pursue their pending cases for speedy disposalhence this billnew delhi;darshana vikram jardoshfebruary 21, 2018 lok sabha———— a billto provide for the establishment of a permanent bench of the high court of gujarat at surat————(shrimati darshana vikram jardosh, mp)mgipmrnd—4243ls(s3)—28-02-2018

Parliament_bills

a96613bc-05c0-5321-a79f-b3454d19c423

bill no 91 of 2011 the ancient monuments and archaeological sites and remains (amendment) bill, 2011 by shri at nana patil, mp a billfurther to amend the ancient monuments and archaeological sites and remains act, 1958be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the ancient monuments and archaeological sites and remains (amendment) act, 2011short title and commencement24 of 19582 in section 20a of the ancient monuments and archaeological sites and remains act, 1958 (hereinafter referred to as the principal act), in sub-section (1),—amendment of section 20a(i) for the words "one hundred meters", the words "fifty meters" shall be substituted; and(ii) the proviso shall be omitted3 in section 20b of the principal act,—amendment of section 20b(i) for the words "two hundred meters", the words "one hundred meters" shall be substituted; and(ii) the first proviso shall be omitted5amendment of section 20c4 in section 20c of the principal act, in sub-section (1), for the words, "before the16th day of june, 1992," the words, "on the date of coming into force of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010" shall be substituted105 in section 20-i of the principal act, in sub-section (1), after clause (b), the following clause shall be inserted, namely:—amendment of section 20-i"(ba) prepare plans for beautification, renovation and development of ancient monuments and archaeological sites and upgradation and creation of infrastructural facilities in and around the ancient monuments and archaeological sites"156 after section 20q of the principal act, the following section shall be inserted, namely:—insertion of new section 20q"20r the central government shall make available adequate funds for development of all monuments and archaeological sites and creation and upgradation of infrastructure at such sites, as recommended by the authority under clause (ba) of sub-section (1) of section 20-i"central government to provide funds for development of all monuments and archaeological sites statement of objects and reasonsthe ancient monuments and archaeological sites and remains act, 1958 was amended in 2010 which came as a shock to thousands of people owning properties near monuments and sites covered under the act with the coming into force of the act, thousands of people can no longer construct or repair or renovate their properties because of the restriction imposed by the act on any such activity within the stipulated distance from the monumentsseveral public projects have come to standstill or have been disallowed due to restrictions imposed under the act on the one hand public are suffering that they are not allowed to undertake any construction activity and on the other hand public works have been stalledthere are thousands of monuments in our country which are lying in a dilapidated condition they are misused by anti-social elements for illegal activities a situation has arisen that these monuments are neither improved nor used for any purpose nor any construction activity is allowed near the monuments it is accordingly proposed to renovate/ upgrade facilities in these sites so as to exploit its tourism potential the bill seeks to amend the act, with a view to mitigate the difficulties faced by the people, it is proposed to relax the restrictions imposed under the acthence this billnew delhi;at nana patilaugust, 25, 2011 financial memorandumclause 6 of the bill provides that the central government shall make available adequate funds for preparing plan for beautification, renovation, development, upgradation, creation of infrastructural facilities in and around ancient monuments and archaeological sites the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees five thousand crore per annuma non-recurring expenditure of about rupees one thousand crore is also likely to be involved annexure extract from the ancient monuments and archaeological sites and remains act, 1958 (act no 24 of 1958) 20a (1) every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred metres in all directions shall be the prohibited area in respect of such protected area or protected monument:declaration of prohibited area and carrying out public work or other works in prohibited areaprovided that the central government may, on the recommendation of the authority, by notification in the official gazette, specify an area more than one hundred metres to be the prohibited area having regard to the classification of any protected monument or protected area, as the case may be, under section 4a(2) (3) 20b every area, beginning at the limit of prohibited area in respect of every ancient monument and archaeological site and remains, declared as of national importance under sections 3 and 4 and extending to a distance of two hundred metres in all directions shall be the regulated area in respect of every ancient monument and archaeological site and remains:declaration of regulated area in respect of every protected monumentprovided that the central government may, by notification in the official gazette, specify an area more than two hundred metres to be the regulated area having regard to the classification of any protected monument or protected area, as the case may be, under section 4a20c (1) any person, who owns any building or structure, which existed in a prohibited area before the 16th day of june, 1992, or, which had been subsequently constructed with the approval of the director-general and desires to carry out any repair or renovation of such building or structure, may make an application to the competent authority for carrying out such repair or renovation, as the case may beapplication for repair or renovation in prohibited area, or construction or reconstruction or repair or renovation in regulated area 20-i (1) the authority shall exercise or discharge the following powers or functions, namely:—functions and powers of authority(a) (b) make recommendations to the central government for grading and classifying protected monuments and protected areas which may be declared after the commencement of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010, as of national importance under section 4; —————a billfurther to amend the ancient monuments and archaeological sites and remains act, 1958—————(shri at nana patil, mp)gmgipmrnd—2395ls(s3)—18-11-2011

Parliament_bills

a2fcbe86-2b9f-5f23-84d5-c916e7aa8245

the lokp al bill, 1977 arrangement of clauses preliminary clauses1 short title, extent and commencement 2 definitions 3 misconduct by a public man machinery for in'qulrles4 appointment of lokpal 5 lokpal to be ineligible to hold other offices 6 term of office and other conditions of service of lokpal 7 removal of lokpal i 8 special loilpals ;j 9 staff of j ltpal jurlsdjctlon and procedure in respect of inquiries - 10 jurisdiction of lokpal 1 11 matters not subject to jurisdiction of lokpal 12 complaints 13 preliminary scrutiny of complaints by lokpal 14 procedure in respect of inquiries 15 evidence 16, search and seizure 17 reports 18 special provisions in respect of complaints against the prime minister miscellaneous 19 expenditure on lokpal and special lokpals to be charged on the consolidated fund of india; 20 secrecy of information 21 intentional insult or interr~ption to, or bringing into disrepute, lokpal 22 power of lokpal to try certain offences summari!y 23 conferment of additional functions on lokpals 24 disposal of deposit protection t power to delegate 27 power to make rules j i" i i 28 saving the schedule ·the lokpal bill, 111'17 a billto 'i'nnioe 1m the appointment of a lokpal to inqtjiire into allegcnionr 01 misconduct agaimt public men and f« m4tte9's eo-neeted thetllewfth bz 'it enacted by parliament in the twenty-elghtb yea,r of the ltepubltt or india as follows': -, preliminary'i (1) this act may be ca'lled the lokpal act, 1m short title, s (z) it extends to the whole oflnata extent and (3) it sball come bato force on stich date as tbe centj:a1 gov,erjlment commay, by notiftcation in the ofiic:ial ga~tte, appom~ meneam j in this act, unless the context otherwise requires,":" de8nl-(e) "competent authority"', in retatlonto a ,public man, means,-tiool 10 (i) in the case of a public man rethe prime midister; ferred to in ,sub-clauae (i) or sub-clause (iii) of clause (g) (ii) in the case of ~y other pubhc such authority as may man be preacribed; (b) "compiaint" means a complainot aueging mueonduct ~,,~fnlt a public man; , ' / (c) "corruption" includes anytbing made punis}> " under chapter dc of the indian penal e~ ~ ·under the preyenu,n ~ corruption /id, ,;; (d) ulokpal" means a person appointed under section 4 as the lokpal and, where a special lokpal is appointed under section 8 for exercising jurisdiction in relation to any complaints or any classes of complaint"!, includes, for the purpose of such complaints or classes of complaints, such special lokpal; s (e) "misconduct" means misconduct (whether committed before or after the commencement of this act or within or outside india) of the nature specifted in section 3; (f) uprescribed" means prescribed by rules made under this act; (g) upublic man" means a person who is or has been-10 (i) a member (including a deputy minister) of the council of ministers for the union; (ii) a member of either house of parliament: (ui) the chief minister of a state; (iv) a member (including a deputy minister) of the coun- is cil of ministers for a union territory;' (v) a member of the legislative assembly for any union territory; \ ' , ,·(at)a member of the executive council under the delhi ~- ftdlllhllt\fttion act, 1966; 20 19 of 1966 (vii) the ':mayor tit; a muiniclpal ~'c~rporation in any union territory; (h) "public servant" shall! bve the same meaning as in section 45 of 1860, ~1,,~,~\,~e ~ndian p~nal cod~ i s • 42),\ aipul;ljic, maneommits miacqaquctt-: i'" misconduct by public man " , ~f) j,(be is fl~t~ted,in ~,he discharge of his ~un~ti~~sa~,qsuch public mali by motives of personal interes~ ,or other iiupfop~, ,?:r, cql'-rupt motives; or " (b) if he abuses or attempts to abuse his position as such public man to cau88iharm,ol!'upd~ h clab~ ,to, nyothel"~~ oj' - 30 (c) if he directly or iruq,o"tly a)iqws his pqsiijonaa, shc~,·,ublic man to be, tajc:enadvantage of by any of his relatives or associates ancl 'by 1ebsoh'1 thereof iuch rejativeor assbeiate secures 'ahy : '-iindue gain or favour i 'to ''fitmse1f ot 'to anotfter person or ca~ harm" i or undue hardsh~,; to anoijle~ p~rson 35 , ea:plaltion-forthe pllrposes of" ujjs ~ "8ii~ciate" in relation to a public man includes any person in whom' such public "mlm 11 iiltereated; or (d) if he fails to act in any' case' o~rwiae ith~ ql '~cordance 'ii with tbet ;norms of ~~ity ~cq"duct ,:which o~8~ to be followed 40 ~, ,bythe class of public men to which he belongs: or ,(" if y act or odriaalon by him· coastituq eorrup\lon " ")~~1ic man who-; ~ ,a) , ~beta (?,jijwlin tqe, meaning -qf ftction 10:7 of the ~ ~al ~,qf j,88q code) the commission of, or i; , 45 (b) conceals or attempts to conceahrom detecti9nthe commission of, misconduct of the nature specified in sub-section (1) by another public ,:~qq, ,~so commits ,misconduct s (3) a public man, being a person who is or has been the chief minir;ter af,a su!te ~ 45 of 1860, (a) abets (within the meaning of section 107 of the indian penal ,co<;le) the commission of" or (b) conceals or attempts to conceal from detection th" cornmis-19{ swp, of, 'j: misconduct of the nature spectfted in bub-aeetion (1,), :by ,any,otherperson , ,wn9 jsor h!ls l:!~n a ltlember (incluqing a deputy minister) of the l ,~()w,lcu of )~~inisters of the state, also' colprhi~inisconduct and for this "purp~se referen~es to 'ipublic man" and "public men" in sub-section (1) 1'1 sllau b, con~trued as also including a refete~ce to suchothet penon - - ' , ' - i ~ - - ' maichinery for inqulriesappointment of lokpal ,4 (1') fpr ,the"purpose"q( ,makidl ipq~iries in ~spect of complaint ,wader tiik,4ct"ule pl'esicl1mt &ball, ,a~e,t;,e~nsu,t8~ion ~ith t~e chief ,;"stke aflddia"tb, a~ otthe ,(::otincilftf ~tates,and the speliker of 20 the house of the people, appoint, by warrant under h;s baud and seal ' , to,bekaai,n ,die ~pal, ' , ,',; ;" '; (2) every person appointed as the lokpal shall, b~'?re enteri~ upon his 9ffice make and subscribe before the president, or some person appointed in that 'behalf by the 'preltdent, an' onttl or 5rmation in the 2s form set out in the schedule f '" - '" , l the' lrikpal 'shall not bea member of parliament qr ,a member or" the < legilllmufe oof,auy' state" and ! :f;h1m1 not h91d any office of trust or profit (other:tban'his~fiae 'aalokpal), • of be connected with lokpal to be ineligible to hold other offices ,~ ,po~~tiea1, pa~ty, or carryon any business, or practise any profession, 30 ~d aq~ordirigly,before 'he enters upon his office, a person appointed as the lokpal shall,-' (a) if he, is a member of parliament or of the legislature of rny 'st'ate,hsign :s\lch membef~ip; or (b,) if he h()lds any office of trust or i>roflt, resign from such 35 officej or (c) if he is connected with any political party sever his eonnec- tlon' with it; or (ci): jf he is carrying on any business, sever his connection (short qf,divestill8 himself of ownership) ,with the conduct and mtlr8gement 40 of"uc~!b""': or (e) if he is practising any profession, ceaae, to practise ,uch profession 6 (1) 'a person appointed as the lok»al shim h01d office fot it tertll o~ five years from the date on which he enters upon his office: provided that-" termor otbce and other conc;litionij ot (a) the lokpal may, by writing 'under rus hand ddressed to ihe president, resign his omc~ s serv~ct, of tokpal (b) the lokpal may be removed from office in the mamer pro: vided in section 7 '(2) on 'ceasing to hold office, the lo~ai shall be ineligible for further employment to any office of profit under the goverml\ent of :mdfa or the , government of a state 10 (3) there sball be paid to the lokpal in respect of time spfldt o"'8dal iervice alary at the rate of five thousand rupees per meem: , ~ovided that if ~he lokpa is, '~t ~,e tbe of hi appom~"m receipt of a pension (other thad a di88bilt~ 'or woulld pensio ) ill '-it 'oj any previous sernce under the government ~ india ;,r udder tise is ~overnmellt of a state, his salary in respect 01 serviee as the lokpal shall be reduced-(a) by tb amount of that pension; and ~ b ~ i,f he has, before such appointment, received, id n of a 20 portion of the pensloil due to hiwl in retilteet of sueb previous seiovite the commuted'value thereof, by the licmount of that portiod of ftte pension; and (c) if he has, before such appoinbnent, received a retlr:ement gratuity in respect of liuch pre'vigus service by the pension equivalent , , of that gratuitt 2, ("4) the !okpal shall be entitled without payment of l'ent to the -'of an official residence '(5) the ;iowances and pension payable to, and other 'conditions 01 service of, the 'lollpal shall be such as may he determined 1ty the president having regard to the allowances and -pensioll pay e te, aud otiae 30 conditions of serv1ce of the chiet jasttce of india: , 'frovided that the allowances and pension payable to, and other 'coilditions of service of, the lokpal shall not be varied to his disadvantage after his appointment 'removal of "lokpal 7 (1) 'the lokpal shall not be removed from his oftlce except by an 3s 'order of the president passed after an address by each house of parliament supported by a majority of the total membership of that houlle rnd by a majority of not less than two-thirds of the members of that house present and voting has been presented to the president in the same sessio1'1 for sl1ch removal on the grounci of proved misbehaviour or incapacity 40 (2) the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of the lokpal under sub-sec-tior u) shall be as provided in the judges (inquiry) act, 1968, in relation to the removal of a judge and, accordingly, the pro-51 ot 1~ ,visions of that act shall, subject to necessary modifications, apply fa 4s ",elation to the removal of the ~kp,al as ~~ey j~ly ill relatlon to tj;l~ j1'~g;1oyal of a judge i (1) notwithstanding anythi contained in section 4, if the presi-speciai dent is satisaed' 011 a ri!port from' the lokpal that it' is 'lie1cess8ry so to do lokpals for the expeditious disposal of compiaidts udder this act, he may, after coasultation with 'the chief justice of india, the chairman of the counell s of states bdd ,the speaker of the house of the people, appoint, by warrant under his hand and seal, one or more persons to be a special lokpal' ot special lokpals for exercising jurisdiction in relation to sueh coblptaints ~ buch cla88es of complaints under this act as may be pecifled the warraat i - ' - ,,' 10 (2) a special lokpal shall hold office for a term of five years or ~ - for such shorter term as may be specified in the warrant of his appointment 'and'8 special loltpal' appointed' for a teirm of less than five years sliaii be eligible fbrreappoiiltment: ! \ '~ provided that the total period for which a person may hold the office is of special lokpal shall in no case exceed five years i (3) save as otherwise expressly provided in this act, the provisions of this att relating to the lokpal includidg the ~rovisions "latin&, to' th~ i~ath or aftirma'ti~ to be'mide by the lokpal,' the ineligibiuty of tbe' lokpal to hold other otilces, the coliditions of service of lokpal and re ~ 20 oval of lokpal: the ftuietiolls" powers' and duties of the lokpal, aball , , apply in ""adon to' a special lokpal as they -apply -in 'relation to the, lokpal but nothing in this sub-benion shan be' construed to enable a-special lokpal to exercise jurisdiction in relation to any complaint or class of compliidtb itot spkuled 1il the warrant by 'which he was 'appointed t',1 - " f ~ _ ~ ' ' <i •• ~i : " staff of lokpal ' , 2$' , 9 (1) the lokpal shall have a se:~etary and such otl- om~rs an~ -' employees as may be prescrid to assist him' in the disehar18 or hill fuadioda (inclladiq veriscation and inqi¥ri, in f8speet of complaints) _der, tht act, , ' ~ ' (2) without prejudice to tb~ provisions of sub-section (1)~ the !okpal 30\jday, (ort ~p1iipoiie of deal"", wit~ anytompaliqia or8f'!!y ell, of ""compialdts, ~ "j '~ (i) 'the serviee of any o8ic8l' or emp';yee or lnvestigatid&' 81"cy of' the· c-~1 governmedt or' a state' doverameell witb the oom:ur~; , rente of '1bafgovel'iuiient; '-r ' ~ ~ ,:\" ' ,-~::"'~~ '_ (ii) the, services of any other person or age_'y;, , 'j 31; " :1, (~); ~e ,terms and ~nditjon of servi~e of the oftic~rs and employkes referred to in sub-section (1) and of the ofticers,employees, agencies and pel'mds referred to in sulhection (2) (including such special condition"! ~a;: duly be considered necessary for enablin&, them to aet without f, ,in, 40 th4" discharge of their faaetions) shall be sueh may be prescribed in , consultation with the lotpal '1, t , (4) the officers and employ'ees refen:cd to·m sub-section (1)' and the ~9fficers eljlployees, agencies and persons referred to in sub-section (2) , sball also assist the special lokpals (if any) in the discharge of their ~ 4s functions ,10 ,(j~ siolbject to!the!tber;,,o\liaiolls' of tbij a~ the-lpkpalimay inquire' ~ any aattar !involved in; or ariling ,from, oriconneoted i with, jurisdlc tionof lokpal u1'~ auegatiqih~~isoqnd"ct against ai public, mali livlfle in; • complaint mattera not lubject to juriadk:-tion of lokpal un~r uti act ' '' "",,' ,:,,,, 5 (2), ,no mattertin;'1'e8pect'of''wbteh' slicomplamt' may be 'made'udder this act· shalhberefened foil" 4nqulry under tbe icrommtssiom'of ih'\uity act, 1952, except on the recommendation or with the concurrencel't')lf:the' 60 of 1952 lokpal ll (1) the lokpal shall not inquire into any matter concerning any i~ person '~~ h~ has any bias in, respect 'ot s~chiriiittel' or ~ersbn and'it,any' ; dispute arises in this behalf, the· pres~~len( ~hal1, on' an appu~~tion rrw,de by the party aggrieved, obtain, in such manner as may'be 'prescribed,' the opblion of tl;1e chi~ justice of india and decide the dispute inconformity with such opinioii ' '' ", " 15 , (2) the ~kpal shall not inquire into any act, or conduct, of any pefson'other'tbarlli ptitil1c'iiulri"e,,~ept in' so'flit as he"t:6tlkitiers it~'ry so; to 'c!(ddl' the 'ptrl1>d8e~ 'hf his! tnlqhtry' 'tiitb' '!ny ahegattoti ttl mi~dtlct ag'litnltt ll i 'p'u'but'fuatt!1 i ,: ", 1;( • "," ,' to, ;" 1:: ,,'i;, , ,i, • , ' &1 i ; hl '0\ "":1 ~ ' , ," ,',";-:, "f •• , '11:, id i';: \~i~ l ~i ~3) ,pl'lutuliokpall'shall',11&thinquijretqto any,·matter) vlth4:h has ~ 20 reearai lfol"ibqui~ "'deier th~ cojilmuisidns, of·~rquilly aot;,l962;,on,"'" 60 of 1952 rec~atigni01'wuh'hisupliorfcklftcul\t8dce;i! ", ;:,,',: ,' ; "; !n;~, ;: (~):,~~' ·~k~\;~~; :~t:,~qu~~'iil~ ';~j' ~¥~",tio~)?fm¥tc4~du~f against a public man if the complaint in respect thereof is made after the ~~~ryb'~~ ,~~~ :~~stlf~~m"the ?~t~ o~,w~i~~,,~~~ misc~?,~~c~ ~~\alll~ged, to 25, -r ve e~n fom~h~: ' ' ' ~' f, ';\-' l t, :! t : 't if,' ii' -, 'i' '\'~ ,i":" r"~ ·"'~'~~';"l~,' i fltbwded; fhat 'the ilokpaioinay iewtertaithmeh' a eoritplairit, tf ,icloi'di"r' plainant satisties him that he had sufficient cause for not·blaldag, , complaint within the said period of five years complaints , r,·"l ·f' ~) t ~ij ' i i ! '~j,':' " itt :"t'l ~ ~li' ~'" i~l ~ , !"1i 'o;! a1t! pe-rscm'mher,thp'8 ftiwiq,eewdntma"'" ltoldplail1~,30 under this act to the lokpal ',' , 1;'11:::;'1\111 (2); i the ,cojnp~\nt ah~u be,ip ~ ~~ib~ ,forql ~4 s~ ls~t forth juticwara!pf,~ mi'i~~tiauuedlq\~ ;~awi1!1'p', ~qc(n:q~iryhan affidavit in support of the allegation of,}n~~~llgt '~~~i!jlell?a~~ww8rs thereof and a certificate in the prescribed form in respect of the deposit 35 under sub-section ·(i) • ,,· , ,,:;,' i' ,", ,!: ( - , (3) t~e ,comp~lli~t ~1 ~~~~it : in ,~u~p rna~er and with such a\jthority oragency,as may be ,l)~uj~~ ii siirlt of tjri@ tfioti~ injpees to be ,available for d1~po'salupi'~'sectidii 24:" i '", 1, ii- ··i i j ', '" : '[i,·t :-:i; ";;, '" - ~ • ,:~ "1' 1'; io ~ ,,'ltt't'· !"~""i"ha "pnw<tea·aat ithelokpal maji{qr eutr~t ,c;usf:,;ta~,,"~j~,40 wriunghexempt,·\il ,ewnplaidarlt irom !the '{f:aqj,t;~ti lup,(ier, ~t~;~ub-i section ,'r~ cit, \ ·-,1~: ); '·c \h ,~,i: ;h;'", 1" (4) notwithstanding anything contain~ in the ~oregoing sub-sections, any letter written to the lokpal' by il 'person' 'iri 'sny j'all or 'other :placei of custody, or 'in any" 8syldni i ofoth~t pl~~e ifor insane 'persons' 'may "if the, 4s lokpal is satisfled'thiit'itbj necessary 80tb do; be treated as aromplamt made in accordance with the provisions of this section i i i ~ ) (5) notwithstanding anything contained in any other enactment it , shall be the duty of a police ofticer or other person in charle of ady jail or other place of custody or of any asylum or other place for insane persons to forward, without opening, any letter addressed to the lokpal by s a person imprisoned or detained in such jail, place of custody, asylum or other place, to the lokpal without delay 13 (1) if the lokpal is satisfied, after considering a complaint and prellafter making such verification as he deems appropriate,-minary 10 (a) that the complaint is not made within the period of five years specified in sub-section (4) of section 11 and that there is no sufficient cause for entertaining the complaint; or scrutiny of complaints by lotpal (b) that he cannot make an inquiry in respect of the complaint by reason of the provisions of sub-section (1), (2) or (8) of section 11; or is (c) that the complaint is frivolous or vexatious ar is not made in good faith; or (d) that there are no sufficient grounds for inquiring into ,the complaint, the lokpal shall dismiss the complaint after recording his re88djli therefor 20 and communicate the same to the complainant ancl to the competent au\horlty concerned (2) the procedure for verification in respect of a complaint under sub-section (1) shall be such as the lokpal deems appropriate in the circumstances of the case and in particular the lokpal· may, if he deems 25 it necessary so to do, call for the comments of the public man concerned 14:(1) if, after the consideration and verification unger section 13 in respect of a complaint, the lokpal proposes to conduct any inquiry, he-(a) shall forthwith forward a copy of the complaint to the competent authority concerned; procedurein respect of inquir1ea 30 (b) may make such orders as to the safe custody of documents relevant to the inquiry as he deems fit; (c) shall, at such time as he eonsic\ers appropriate, fofward a copy of the complaint to the public man concemed and aftord him an opportunity to represent his case 3s ~z) every such inquiry shall, unless the lo~pal for reasons to be recorded in wlliting, determines otherwise, be conducted in camera (3) save as aforesaid, the procedure for oonducung any luoh idquiry shall be such as the lokpal considers· appj10pdate in the circumstancel of the case 40 15 (1) subject to the provision~ of this seetion, for ·the purpoie tji any inquiry (including the verification under section lj!)~ the loidpal-evidence (a) may require any public servant or any other person, who, in his opinion is able to furnish information or produce documents re1evant to such inquiry to ,furdilh ,any such informatigil '01' produce 4s any luch ctoeument; (b) shall have all the powers ofa civil court while trying a suit under the cone of civil procedure, 1908, in respect of the following 5 of 1908 matters, namely:-(i) summoning and enforcing the attendance of any person and examining, him on oath; s (ii) requiring the discovery and production of any document; (tit) receiving evidence on affidavits; (iv) requisitioning any public recol\i or copy thereof from any court or office; (v) issuing commissions for the examination of witnesses or 10 documents; and (vi) such other matters as may be prescribed , (2) a proceeding before the lokpal shall be deemed to be a judicial 45 of 1880 proceeding within the meaning of section 193 of the incuan penal code (3) subject to the provisions of sub-section (4) ,-is (a) no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to government or any public servant, whether imposed by any enactment or by any provision of law whatever, shall apply to the disclosure 'of information, for the purposes of any inquiry (including the verifica- 20 tion under section 13) under this act; and (b) the government or any public servant shall not be entitled, in relation to any such verification or inquiry, to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or by any provision of law whatever 2s in legal proceedings (4) no person shall be required or authorised by virtue of this act to furnish any such information or answer any such question or produce so much of any document-(a) as might prejudice the security, or defence, or international 30 relations, of [ndia (including india's relations with the government i)f any other country or with any international organisation), or the investigation (lr detection of crime; or 19 of iimm1 (b) as might involve the disclosure of proceedings or the cabinet of the union government or of the cabinet of the government of 3s any state or union territory or of the executive council under the delhi administration act, 1966, or of any committee of such cabinet or executive council, aad for the purpose of this sub-section, a certificate issued by a secretary to the government certifying that any information, answer, or portion 40 of a document, is of the nature specified in clause (<<) or clause (b) shalt,~ binding and conclusive: prmided that the lokpal may require any infonnation or answer or pord of a dn ument in respect of which a certificate is issued under this sub·f:;ection to the eft'ect that it is of the nature specified in clause (0) to be disclosed to him in private for scrutiny and if on such scrutiny the lokpal is satisfied that such certificate ought not to have been issued, he shan declare the certificate to be of no effect search and seizure s 11 (l) if the lokpal has reason to believe that any documents which, in his opinion, will be useful for, or relevant to, any inquiry under this act, are secreted in any place, he may authorise any officer subordinate to him, or any officer of an investiga ;ing agency referred to in subsection (2) of section 9, to search for and to seize such documents 10 (2) if the lokpal is satisfied that any document seized under subsection (1) would be evidence for the purpose of any inquiry under this act and that it would be necessary to retain the document in his custody, he may so retain the said document till the completion of such inquiry: is provided that where such document is seized before the commenc"," ment of such inquiry, the lokpal shall return the document bef~re the expiration of a period of one year from the date on which it is seized unless such inquiry has been commenced before such expiration explanation-for the purposes of this sub-section, an inquiry in res-20 peet of a complaint-«(it) shall be deemed to have commenced on the date on which the lokpal forwards a copy of the complaint tl) the competent authority concerned under clause (a) of sub-section (1) of section 14; 2s (b) shall be deemed to have been completed on the date on which the lokpal closes the case under section 17 2 of 1974 (3) the provisions of the code of crimi~al procedure, 1973, relating to searches shall, so far as may be, apply to searches under this section subject to the me dification that sub-section (5) of section 165 of the 30 said code shall have effect as if for the word "magistrate", wherever it occurs, the words "lokpal or any officer authorised by him" were bubstituted 17 (1) if, after inquiry in respect of a complaint, the lokpal is reports sltisfted,-3s (0) that no allegation made in the complaint can be substantiated either wholly of partly, he shall close the case under information to the complainant, the public man end the competent authority concerned; 40 (b) that all or any of the allegations madf:! in the complaint can be substantiated either wholly or partly, he shall by report in writing, communicate his findings and recommendations to the competent authority (2) the competent authority shall examine the report forwarded to it under clause (b) of sub-section (1) and communicate to the lokpal, 4s within three months of the date of receipt of the report, the ac:tiap taken or proposed to be taken on the ba$ili pf 'the report (3) if the lokpal is satisfied with the action taken, or proposed to be taken on the basis of his report under clause (b) of sub-section (1), he shall cl05e the case under information to the complainant, the public man and the competen't authority concerned, but where he is not 10 satisfied and if he considers that the case so deserves, he may make a 5 'special report upon the case 'to the president and also inform the complainant concerned (4) the lokpal shall present annually to the president a consolidated report on the administration of this act (5) as soon as may be after the receipt of a special report under sub- 10 aeetion (3), or the annual report under sub-section (4) the president ahall cause a copy thereof together with an explanatory memorandum to be laid before each house of parliament 1/8 if the prime minister receives a copy of any complaint against himself under clause (a) of sub-sedion (1) of section 14 or any inform a- is tion or report in respect of a complaint against himself under sub-section (1) of section 17 he shall cause the same to be placed, without delay, before the other members of the council of ministers for the union miscellaneousit the salaries, allowances and pensions payable to, or in respect of, 20 tbelokpal and the special lokpals shan be expenditure charged on the conlolidated fund of india zoo (1) any information obtained by the lokpal, or by any officer, employee, agency or person referred to in section 9, in the course of, or special provilioda in reapect of complaints aplnat the prime minister expenditureon lokpal and special lokpals to be char,ed ontbe consolidated fund of india secrecy of information ~or the purposes of any verification or inquiry under this act, and any 2s evidence recorded or collected in connection therewii:h shall be treated 88 confidential and, notwithstanding anything contained in the indian evidence act i872, no court shall be entitled to compel a lokpal, or 1 of 1872 any such officer, employee, agency or person, to give evidence relating to such information or to produce the evidence so recorded or col- 30 lected (2) nothing in sub~ection (1) shall apply to the disclosure of the in1ormation or evidence referred to therein-(a) for the purposes of this act or for the purposes of any action or proceedings to be taken on any report under section 17; or 3s (b) for the purposes of any proceedings for an offence of giving or fabricating false evidence, under the indian penal code; 45 of 1860 or (c) for such other purpo!i«::! a!! lilay be prescribed 21 (1) whoever intentionally offers any insult, or causes any interruption, to the lokpal while the lokpal is makidg any verification or conducting any inquiry under this act, shall be punished with simple imprisonment fgr a term which may extend to six months, or with fine, 5' 0r with· both intentional insult or interruption to, or bringing into disrepute, lekplli (2) whoever, by words spoken or intended to be read, makes or publishes any statement, or does any other act, which is calculated ,to bring the lokpal into disrepute, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with 10 both 2 of 1974 (3) the provisions of sub-section (2) of section 199 of the code of criminal procedure, 1973, shall apply in relation to an offence under subsection (1) or sub-section (2) as theyapply in relation to an offence referred to in sub-section (2) of the said section 199, subject to the modifi-51 eation that no complaint in respect of such offence shall be made by the public prosecutor except with the previous sanction of the lokpal power of lokpal to try certain offences summarily 2 of 1974 zz (1) if, at any stage of a proceeding before the lokpal, it appears to the lokpal that' any person appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evide:1ce 20 with the intenti'on that such evidence should be used in such proceeding, the lokpal may, if satisfied that it is necessary and expedient in the interest's of justice that the person should be tried summarily for giving or fabricating, as the case may be false evidence, take cognizance of the offence and may after giving the offender a reasonable opportunity 25 of showing cause why he should not be punished for such offence, try such offender summarily, so far as may be, in accordance with the procedure prescribed for summary trials under the code of criminal procedure, 1973, and sentence him to imprisonment for a term which may extend to three months or to fine which may extend to five hundred 30 rupees, or to both (2) when any such offence as is described in section 175, section 178, 45 of 1860 section 179 ch' section ·180 of the indian penal code is committed in the view or presence of the lokpal, the lokpal may cause the offender to be detained in custody and may, at any time on the same day, fake 35 cognizance of the offence and after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to simple imprisonment for a term which mily exfend to one month, or to fine which may extend to five hundred rupees or to both 40 (~) in every case tried under this section, the lokpal shall record the facts constituting the offence with the statement (if any) made by the offender as well as the finding and the sentence (4) any person convicted on a trial held under this section may appeal to the high court and the provisions of chapter xxix of the 2 of 1974 45 code of crimi·nal procedure ],973, shall po far bs may be, apply to appeals under this section and the high court may alter or reverse t'he finding, or retjl~'" or rev"'''se the sen~e appealed against (5) the provisions of this section shall have effect notwithstanding anything contained in the code of criminal procedure, 1973 (6) words and expressions used in this section and not defined in this act shall have the same meaning as in the code of criminal pro- cedure, 1973 s 2 ot 19'14 13 (1) the president may, by notification in the oftlcial gazette and after consultation with the lokpal, confer on the lokpal such additional functlons in relation to the eradication of corruption as may be specified in the notification | con ||----------|| fennent || of || ad- || ditional || func- || tiona || on || lokpals |(2) the president may, by ol'der in writing and subject to such con- 10 ditions or limit'ations as may be specified in the order, require the lokpal to inquire into any allegations of misconduct specified in the order in respect of a public man and, notwithstanding anything contained in this act, the lokpal shall comply with such order (3) where any additional functions are conferred on the lokpal is under sub-section (1), or when the lokpal is to make any inquiry under sub-section (2), the lokpal shall exercise the same powers and discharge the same functions as he would in the case of any inquiry made on a complaint under this act and the prov;sions of this act shall apply accordingly 20 24 the sum deposited by a complainant' under section 12 shall,-disposalot deposit (a) in a case where the complaint is dismissed under clause (c) of section 13, stand forfeited to the central government; (b) if the lokpal, for reasons to be recorded in writing, so directs, be utilised for compensating the public man complained 25 against; and " (~) in "iny other case, be refunded to the" complainant protection 25 (1) no suit, prosecution, or other legal proceeding, shall lie against the lokpal, or against any officer, employee, agency or person referred to in section 9, in respect of anything which ·js in good faith don'!, or 30 intended to be done, under this act (2) no proceedings of the lokpal shall be held bad for wrnt of form and no proceedings or decision of the lokpal shall be liable to be challenged, reviewed, quashed, or called in questiort, in any court power to 216 the lokpal may, by general or special order in writing, and sub- 35 delegate ject to such conditions and limitations as may be specified therein, direct that any powers conferred or duties imposed on him by or under this act [except the powers under 'the proviso to sub-section (4) of section 11, and the proviso to sub-section (,~) of section 12, the power to dismisc; a complaint under sub-sertion (1) of section 13 and the p~wers to close 40 cases and make reports under section 17] may also be exercised or dis-charged by such of the officers, employees or agencies referred to in subsection (1) or sub-section (2) of section 9, as may be specified in the order power to make rules %1 (1) the president may, by notification in the official gazette, 5 make rules far the purpose of carrying into effect the provisions of this act (2) in particular and without prejudice to the generality of the foregoing provisions, such rules may provide for-(4) the authorities required to be prescribed under sub-clause (if) of clause (a) of section 2; 10 (b) the officers and employees who may be appointed under sub· section (1) of section 9; (c) the terms and conditions of service of the officers, employees, agencies and persons referred to in sub-section (3) of section 9; is (d) the form in which complaints may be made under section 12 and the fees, if any, which may be charged in respect thereof; (e) the manner in which and 'the authorities or agencies with whom deposits shall be made under sub~ection (3) of fcction 12 and the form in which certificates shall be furnished in respect of such deposits under sub-section (2) of section 12; 20 (1) the matters referred to in sub-clause (vi) of clause (b) of sub-bection (1) of section 15; (g) any other matter which is to be or may be prescribed (3) every rule made under this act shall be laid, as soon as may 25 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 ses&ion immediately following the session or the successive sessions aforesaid, both houses agree in making any moditkation in the rule, or 30 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 &dof 1952 28 nothing contained in this act shall be construed as a1fecting the 35 constitution of, or the continuance of functioning or exercise of powers by any commission of inquiry appointed under the commissions of inquiry act, 1952 before the commencement of this act and no complaint shall be made under this act in respect of any matter referred for in-40 qulry to such commission before such commencement [see section 4(2)] i, , having been appointed lokpal, swear in the name of god do ----------, that i will ·bear true faith and allegiance - solemnly aftlrm to the constitution of india as by law estabuihed, that l' w-id duly ·aad faithfully and to the best of my ability, knowledge and judgment perform tbeduties of my offtce withou't fear or favour, affection or ill-will in its interim report on the "problem of redress of citizens' grievances" submitted in 1966, the administrative reforms commission recommended, inter alia, the setting up of an institution of lokpal 2 to give effect to this recorrmendation of the arc, a bm called the "lokpal and the lokayuktas bill, 1968" was introduced in the fourth lok sabha in 1968 the bill was considered by a joint committee of the two houses of parliament, and the bill, as reported by the joint committee, was passed by the lok sabha in 1969 while this bill was pending in the rajya sabha, the fourth lok sabha was dissolved; and, consequently, the bill lapsed in 1971, the bill 8s passed by the previous lok sabha was re-introduced in the lok sabha as the "lokpal and lokayuktas bill, 1971" this bill lapsed on the dissolution of the fifth lok slabha as explained in the statement of objects &nd reasons appended to the 1971 bill, that bill differed from the draft bill proposed by the arc in two major respects firstly, it did not extt',lld to public servants in the states secondly, it did not confine itself to ministers and secretaries alone in other words, the 1971 bill sought to provide a statutory machinery to inquire into complaints based on actions of union public servants including ministers 3 the matter has been re-examined having regard to the recommendations of, the arc, the provisions of the 1971 bill and other laws on the subject enacted in various states from time to time and the experience of the functioning of such institutions in the states where they have been set up in the light of this re-examination, it is proposed to alter the scheme of the lokpal as incorporated in the 1971 bill in material respects for making the institution of lokpal an effective instrument to combat the problem posed by corrllptjon at higher political levels 4 under t'le scheme now proposed, the jurisdiction of lokpal will cover any complaint of misconduct (pertaining to a period not t'xceeding five years prior to the date of the complaint) against a person who is or has been a public man as defined in clause 2(g) of the bill the prime minister, members of parliament and chief ministers of states are being brought within the purview of the lokpal allegations against civil servants will not come within the purview of the lokpal; and gri~ances, as distinct from allegations of misconduct, will be excluded from his jurisdiction the lokpal will have under his direct administrative control an independent investigating machinery to assist him in the discharge of his functions 5 the bill seeks to glve effect to the lokpal scheme as proposed in the preceding paragraph the notes on clauses explain the various provisions of the bill nmw delhi; charan singh the 23rd july 1977 [copy of letter no 6/1/77-lokpal, dated the 25th july 1977 from shri cbaran sinih, minister of home affairs to the secretary, lok sabha] the pnsident having been informed of the subject matter of the propoled bw to provwe for the appointment of a lokpal to inquire into adegatiods of misconduct ~ public men and for matters connected therewith, recommends under clauses (1) and (3) of article 117 of the c tttutic:s1 of india, for introduction and consideration of the bill in lok sebha clawi2 2: sub-czawe (a) -the definition of "competent authority" is relevant for the purposes of clause 13(1), clause 14(1) and clause 17 (1), (2) and (3) : sub-clause (e) -this sub-clause makes it clear that "misconduct" for the purposes of the proposed legislation idcludes also misconduct committed before the commencement of the proposed legislation and mi~­duct committed outside india s<ub-clg1lse (g) -this sub-clause defines the expression "public man" the other definitions in the clause are self-explanatory clause 3-this c1ause seeks to spell out the various categories of misconduct by public men which will include not only offences punilhable wuter chapter ix of the indian penal code and the prevention of corruption act, but also other irregularities and improprieties as indicated in sub-clause (1) of the clause parts of this sub-clause, e g, (a), (b) and (e), follow in substance the definition of allegation contained in clause 2 (b) of the lokpal and lokayuktas bill, 19'71 (hereinafter referred to as the 1971 bill) part (e) provides for situations where a public man, directly or indirectly, allows his position as public man to be abused by his relatives or associates _ part (d) seeks to provide for cases where the conduct of a public man is not in conformity with the norms of integrity expected of him clause 4-this clause provides for the appointment of lokpal the method of appointment of a lokpsl is in i!pubstence the same as provided in sub-clause (1) of clause 3 of the 1971 bill, with the variation that instead of consulta-aon with the leader of opposition in the lok sebha, consultation with the chairman of rajya sabha and the speaker of-the lok sabha has been provided clcwh 5-this clause is aelfexplanatory and eorresponda to c:lajjle 4 of the 1971 bill ' clause 6-this clause provides for the term of office and other coruiitions of service of the lokpal and is based on clause 5 of the 1971 bill at provides for the salary payable to the lokpaj it &lao _ providel that :the allowances and pension payable to and other conditions ~ service of the lokpal shall be such lis may be deteanil1ed by, the preaident hav~ regard to the allowances and pension payable to and otller conditiods of service of the ctuef justice of 'india clause 7·-tbis clause deals with the removal of ~pal ard is inabti-tance the same as provided in clause 6 of the 1971 bill it, however, seeks to make it clear that the growads and procedure w ~ of lotpal will-be the same , thole applicable in the caee of ju4 of sulnae cout ! clause 8-this is a new provision this clause provides for the appointment of one or more special lokpals when on a report from the lokpal the president is satisfied that it is necessary to have additional lokpal (s) for the expeditious disposal of complain·~ a special lokpal may be appointed for a term of 5 years or for a shorter period 'l'he procedure for appointment of special lokpal, the salary payable to a special ,lokpal and all other conditions of service of a special lokpal, are the saine as those of the lokpal with the exception that 1£ a special lokpal is appointed for a term shorter than i) years, he will be eligible for re-appointment provided the total period does not exceed 5 years clause 9-this clause provides for an independent investigating machinery and other staff to as'~ist the lokpal which will be under his direct administrative con'~rol it also provides that the lokpal can secure the services of other officers and investigating agencies of the state and the central gqvcrnment with the concurrence of the government concerned or any other person or agency considered necessary by him this clause also provides that the matters relaang to salary, allowances and other conditions of service of persons working under the lokpal will be regulated by rules framed ,in consultation with him there is a provision that special conditions of service will be prescribed for them with a view to enabling them to £v::t without fear in the discharge of their functions clause 10-this clause deals with the jurisdiction of the lokpal sub-clau!ie (1) provides ,that the lokpal may inquire into ally allegation of misconduct against a public man, made in the complaint sub-clause (2) provides that matters in respect of which complaints may be made ehall not be referred for inquiry under the commissions of inquiry act, 1952, withou't the concurrence of the lokpal clause n-this clause deals with matters which are not subject to the jurisdiction of the lokpal sub-clause (1'), which is a new provision, provides tha't the lokpal shall not inquire into any matter concerning \any person if he has any bias in respect of such matter or person subclause (3) provides that the lokpal shall not inquire into any matter which has been referred for inquiry under the commissions of inquiry act, 1952, on his recommendation or with his prior concurrence subclause (4) provides for the same period of limitation (five years from the commission of misconduct) as in sub-clause (5) of clause 8 of the 1971 bill czltuse 12-this clause follows, in substance clause 9 of the l!nl bill and provides that any person other than a' public servant may make a complaint ~o 'the lokpal it provides that the complaint will have to be in writing in the prescribed form accompanied by an affidavit there is an additional provision in this clause for a deposit of ri 1,000 by the complainant the lokpal is being empowered to exempt for sufficient cause a complainant from ·the requirement as to deposit ' ;,,;c,"uae' 18;-this elause provides for preliminary scrutiny of complaints -by"liigkpal and 'for dismissal of complaints which on verification are found to be frivolous or vexatious or not subject to the jurisdiction"of the lokpal or not made within the period of limitation this clause incorporates provisions of sub-clauses (4) and (5) of clause 10 of the 1&'11 bill ii, - , i clause 14-this clause provides for the procedure to be adopted by the lokpal in respect of inquiries the clause provides inter alia for the fo~warding of a copy of the complaint to the conc~ned com~tent authority and the public man and for givjng the latter an opportunity to represent his case this corresponds to sub-clauses (1), (2) and (3) of clause 10 of the 1971 bill clause 15-this clause corresponds to clause 11 of the 1971 bill subclause (1) of this clause seeks to confer on the lokpal the powers of a civil court in regard to matters such as summoning of witnesses, discovery and production of documents, receiving evidence on affidavits, etc the public servants will be obliged, notwithstanding the provisions m other laws about secrecy, etc, to disclose any information or documents required by the lokpal for purposes of an inquiry except when such information or documents relates to the proceedings of the cabinet and cabine't committees the information or document required by the lokpal may be withheld also when its disclosure or production is likely to prejudice the security, defence or international relations of india, but, unlike the provisions in the 1971 bill, the lokpal will be entitled to be satisfied about the correctness of such a claim clause l6-this is a new provision and it seeks to confer powers of search and seizure on the lokpal clause 17-this clause is based on sub-clauses (3), (4), (5), (6) and (7) of clause 12 of the 1971 bill this clause provides that on the conclusion of an inquiry in respect of a complaint, the lokpal will communicate his findings ana recommendations to the concerned competent authority which will have to intimate, to the lokpal, within three months of the receipt of his report, the action taken, or proposed to be taken, on the basis of his report if the lokpal is not satisfied with the action taken, or proposed to be taken, he will be entitled to make a special report about it to the president and it will be laid before each house of parliament in addition, the lokpal will present to the president an annual report of his work which will also be laid before parliament clause is-this clause provides that when a complaint of misconduct is made against the prime minister, a copy of such complaint and of the lokpal's report in respect of such a complaint when received by the prime minister shall be placed before the members of the council of ministers for the union clause 19-this clause provides that, as in the case of judges, the salary, allowances and pension to lokpal and special lokpals shall be charged on the consolidated fund of india cza1u\z 20-this clause provides for secrecy of information obtained by the lokpal and his officers and employees, and is self-explanatory this corresponds to clause 14 of the 1971 bill clause 21-this clause provides for punishment for intentional insult or interruption to, or bringing into disrepute, the lokpal and corresponds, in substance, to clause 15 of the 1971 bill clat£se 22-this clause empowers the lokpal to try himself and punish witnesses for giving or fabricating false evidence and for offences under sections 175, 178, 179 and 180 of the indian penal code there was no such provision in the 1971 bill -clguee 23-sud-dause (1), which corres)mlllds to sub-cla (1) of ela10llle 17 of the 19'11 blll, provides for conferment of additional functions 011· lokpal in relatioll w eradication ciii cqltu,ption sub-clause (2), which carrapgnda to sub-clause (3) of clause 17 , the 1971 bm seeks te enable the preaicilmt to refer 10 the lokpal aay alleptioil& of miaevnduct in respect of a public man ckule 24-thia,clawie providelfor·tbe ~al qfdeposita made by complameta 1incier ~\ue 13 cluuse 25-thisclause is self-explanatory and follows clause 16 of the 1971 bill clause 26-"nlis clause corresponds to clause 19-of the ifni 'bill and it provides for delegation of powen by thelokpal tq hib'staff cl4we 27-this clause provides for the power to make rulea czawe 28-this clause makes it clear that complaints cannot b~ made to the lokpal in respect of matters referred to any commission of inquiry under the commissions of inquiry act, 1952, before the commencement of the proposed legislation ~au'se 4 (1) and clause 8 (1) of the bill provide respectively far the appomtment of the lokpal and special lokpal or special lokpals clause 6(3) provides for1he salary payable to lokpal clause 6 (4) lays down that the lokpal shall be entitled without payment of rent' to the use of an o'fticial residence clause 6 (5) of the bill envisages that the allowances and pension payable to, and other conditions of service of, the lokpal shall be such as may be prescribed by rules having regard to ~e allowances and pension payable to, and other conditions of servi~e qf, the chief justice of india by virtue of clause 8 (3), the provisions of clause 6(3), (4) and (5) apply in relation to the special lokpals also 2 sub-clauee (1) of cla\1le9 provides that the lokpal shall have the secretary and such other officers and employees as may be prescribed by rules to assist thm in the liiscbal1ge of his functions sub-clause (2) 01 clause 9 empowers the lokpal to secure, for the purposes of deai:mg with any complaints or any classes of complaints, the services of any officer 'or employee or investigating agency of the central government or a stllte government or the services of any other penon or agency sub-clause (3) of clause 9 provides that the terms and conditions of service of the officers and employees of the lokpal and of the officers, employees, agencies and persons referred to in sub-clause (2) of that clause, shall be such as may be prescribed by rules in consultation with the lokpal 3 it is not possible to visualise at this stage whether any need will arise for the appointment of one or more special lokpals further, the salaries and other conditions of service of the staff of the lokpaj are to be prescribed by rules after consuaation with the ~kpa~ it is, therefo~e, n t possible to give precise details of the expenditure mvolved it is, h over estimated that the bill when enacted, will involve a non-reowe , ' d't ~ g expenditure of rs 2 lakhs and a recurrmg expen 1 ure 0 f rs 20 curun t t ,1akhs a year in case it become3 necesnry to cons ruc a b 'lding t ul 0 house the es,tablishment of the lokpal, additional expenditure, of a nonrecurring nature, of the order of rs 25 lakhs will also be involved clause 27 of the bill empowers the central government to make rules for the purpose of carrying into eff~ct the provisions of the proposed enactment the various matters in relation to which such rules may be made have been enumerated in detail under various it~ms of sub-clause (2) of that clause and relate ma'inly to prescribing of competent authorities in respect of public men oth~r than the prime minister and other members of the council of ministers for the union and chief ministers of states, the conditions of service of the staff and officers who shall constitute the secretariat for the lokpal (in consultation with the lokpal) , the form in which complaints may be made and the fees, if any, which may be charged in respect thereof, the form in which certificates shall be furnished in respect of deposits under clause 12, the manner in which and the authorities or agencies with whom such deposits shall be made and the additional matters in respect of which powers of a civil court may be exercised by the lokpal these are matters of detail, necessary for the effective administration of the provisions of the bill and it is difficult to 'provide for all the situations in the bill itself the delegation of legislative power is, therefore, of a normal character ipllto provide for the appoba __ t ef a lokpal to inquire into all, til milconduct against j,uwc ·mea :and for matten connected t1wtewjtil (shri ch4nti ", liiftibte" of home a,ai" • )

Parliament_bills

f6b2b63d-811a-5d7e-a40a-aaaa9630d7e0

bill no xii of 2010 the migrant labour security bill, 2010 a billto provide security to labourers migrating from the rural areas to the metro cities andtowns in the industrial areas of the country in search of livelihood and to provide for the welfare measures to be undertaken by the states for the migrating labour by setting up a welfare authority and a welfare fund and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the migrant labour security act, 2010 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effect52 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases, the central government;(b) "authority" means the migrant labour security authority established undersection 4;10(c) "migrant labour" means those labourers who are not members of any labouror trade union and are working in private or unorganized sector or engaged in selfemployment;(d) "prescribed" means prescribed by rules made under this act;(e) "wages" means the remuneration capable of being expressed in terms of money which shall be payable to a person in respect of the work done in any employment;5(f) "welfare fund" means the welfare fund set up for the migrant labour under this act;national policy for migrant labourers3 the central government shall, as soon as may be but within one year of the commencement of this act and in consultation with the governments of the states, formulate, a national policy for the welfare of the migrant labours and for providing proper security and amenities them uniformly throughout the country104 (1) the central government shall, as soon as may be, by notification in the official gazette, establish an authority be called the migrant labour security authority for the purposes of this actestablishment of the migrant labour security authority(2) the authority 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 sued15(3) the head office of the authority shall be at new delhi and the authority may establish offices at other places in the country as it may deem necessary(4) the authority shall consist of the following members, namely:—20(a) a chairperson to be appointed by the central government having the background of labour related issues or of the judiciary;(b) a deputy chairperson to be appointed by the central government having such qualifications as may be prescribed;(c) three members of parliament of whom two shall be elected by lok sabha and one by the rajya sabha;25(d) three members to be appointed by the central government to represent respectively:—(i) the ministry of central government dealing with labour and employment;(ii) the ministry of central government dealing with rural development; (iii) the ministry of central government dealing with finance;30(e) four members to be appointed by the central government from amongst the non-governmental organisations working for the welfare of the migrant labours;(f) four members to be nominated by the state governments to be rotated amongst the states in alphabetical order35(5) the term of office of the chairperson, deputy chairperson and members of the authority and the procedure to be followed in the discharge of the functions of the authority shall be such, as may be prescribed(6) the authority shall have a secretariat with such officers and staff and with such terms and conditions of service as may be prescribed40functions of the authority5 (1) it shall be the duty of the authority to promote and undertake by such measures as it thinks fit or deem necessary, welfare measures for the migrant labours(2) without prejudice to the generality of the provisions of sub-section (1) the measures referred to therein may provide for,—45(a) security of migrant labour against any protest and discrimination by local people(b) welfare measures to be undertaken by the states for the migrant labour; (c) maintaining a district-wise register for migrant labour with such particularsand in such manner, as may be prescribed;5(d) providing different amenities to migrant labour viz medical care, free of cost,both the indoor and outdoor patient facilities to the migrant labour and maternity and creche facilities for the female labours covered under this act;(e) availability of work round the year to the migrant labour and rehabilitationthereof;(f) payment of old age pension to the migrant labour;10(g) provident fund facility to the migrant labour; (h) such other provisions as the authority may deem necessary for the purposesof this actmigrant labour security fund156 (1) the central government shall as soon as may be, by notification in the official gazette, establish a security fund to be known as the migrant labour security fund for the purposes of this act with initial corpus of rupees one thousand crore to be provided by the central government by due appropriation made by law by parliament in this behalf and thereafter the central government, state governments and employers shall contribute to the security fund to such extent and in such manner as may be prescribed20(2) corporate houses, financial institutions both domestic and international, individualsand bodies may also contribute through donations or otherwise to the security fund(3) all moneys received in the security fund shall be utilised for the welfare of the migrant labour by the authority in such manner as the central government may prescribe from time to time7 notwithstanding anything contained in any other law for the time being in force,—25miscellaneous provisions(a) no employer shall engage any migrant labourer, as the case may be, unless hehas registered himself with the authority;30(b) every employer shall pay a minimum of rupees four thosand five hundred permonth or rupees one hundred fifty per day to a migrant labourer or worker covered under this act engaged by him for work and this rate of wages shall be subject to change in accordance with the rise in price index;(c) every day of the work done by the migrant labourer covered under this act, shall be counted for the purpose of calculating the total period of service rendered by migrant labourer in a month of a year35penalty8 whoever contravenes any of the provisions of this act shall be guilty of an offenceunder this act and shall be punishable with simple imprisonment which shall not be less than six months but may extent to two years and also with fine, which may extend to two lakh rupeessavings9 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in force40power to remove difficulty10 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may by notification make such order to give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and any such order shall be final45power to make rules11 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsa wide gap exists between the urban and the rural india which leads to migration of large number of people from one state to the other seventy-five per cent of the total population of urban population has access to electricity whereas only thirty per cent people are able to avail the bnefit of electricity in the villages the literacy rate in six lakh villages of the country is fifty-nine per cent whereas eighty per cent people of 5, 161 cities of the country are literate maximum migration from one state to the other state in india, especially from the rural areas of eastern india, to the metro cities and towns of industrial areas, is taking place for want of employment even today, 7222 per cent population of the country is residing in villages where the government have started employment guarantee schemes and still they are forced to wander from one place to another in search of employment industrialisation in the country has been limited to the metro cities or cities of a particular area due to this reason, the number of persons migrating to these areas from the rural india is rapidly increasing consequently, the migrants labour force is not only protested by the local people but it also facing discrimination by the local government and administration cases of violent protests by the local people against the migrants who have come for employment have been increasing therefore, it becomes the responsibility of the central government to make proper arrangements for providing security to the persons migrating from one state to the other in search of employment as every citizen of india has been granted under article 19(1)(e) and (g) the right to move freely throughout the territory of india and to reside and settle in any part of the territory of indiahence this billprabhat jha financial memorandumclause 4 of the bill provides for the establishment of the migrant labour security authority clause 6 of the bill provides for the migrant labour security fund the bill, if enacted, will involve expenditure from the consolidated fund of india apart from one thousand crore rupees of initial corpus of the welfare fund, it is estimated that a sum of rupees three thousand crore may involve as recurring expenditure per annuma sum of rupees one hundred crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules to carry out the purposes of the bill as such the matter relates to details only the delegation of legislative power is of a normal character———— a billto provide security to labourers migrating from the rural areas to the metro cities andtowns in the industrial areas of the country in search of livelihood and to providefor the welfare measures to be undertaken by the state for the migrating labourby setting up a welfare authority and a welfare fund and formatters connected therewith and incidental thereto————(shri prabhat jha, mp)

Parliament_bills

fb846264-3ab1-58c1-9f9f-a77900627be0

bill no , of i"s the jammu and kashmir representation of the people (supplementary) bill, 1968 a billtc supplement the jammu and kashmir representation of the people act, 1957 - be it enacted by parliament in the nineteenth year of the republic of india as follows:-1 (1) this act may be called the jammu and kashmir represen- short title tation of the people (supplementary) act, 1968 and commence-s (2) it shall be deemed to have come into force on the 9th day of mento february, 1968 2 the provisions of sections 123, 124 and 124a of the jammu and kashmir representation of the people act, 1957, providing for appeal to the supreme court from every order made by the jammu and kashmir high court under section 106 or ~ection 107 of that act and for matters connected therewith, 'shall be as valid as if those provisions had been enacted by parliament "validation of certain provisions of the jammu and kashmir representation of the people act, 1957 2 of 1968 3 (1) the jammu and kashmir representation of the people (supplementary) ordinance, 1968, is hereby repealed ,repeal ilt'ld saving (2) notwithstanding such repeal, anything done or anybction taken under the said ordinance shall be deemed to have been done 10 or taken under this act statement of objects and reasonsthe representation of the people act, 1951 (43 of 1951) was amend€d in 1966 by act no 47 of 1966, and one of the important changes effected by that amendment was the abolition of the election tribunals and provision for the trial of election petitions by the high court that amendment also made provision for appeal from the order of the high court in an election petition, whether on a question of law or of fact, to the supreme court 2 the jammu and kashmir representation of the people act, 1957 (jammu and kashmir act no iv of 1957) was amended by the jammu and kashmir representation of the people (second amendment) act, 1967 (jammu and kashmir act no x~ of 1967) which was passed by the legislature of the state of jammu and kashmir with a view to incorporating such of the changes in the jammu and kashmir representation of the people act, 1957 as were incorporated in the representation of the people act, 1951, by the representation of the people (amendment) act, 1966, so far as the rest of india is concerned this was done with a view to putting the state of jammu and kashmir on the same footing as the rest of indfa in the matter of the law relating to elections one of the important changes effected by the jammu and kashmir representation of 'the people (second amendment) act, 1967, was the provision made in that amendment act for appeal to the supreme court from every order made by the jammu and kashmir high court in respect of an election petition the said provisions contained in the new sections 123, 124 and 124a of the jammu and kashmir representa'tion of the people act, 1957, sought to confer jurisdiction on the supreme court and this was beyond the legislative competence of the legislature of the state of jammu and kashmir for, under article 138 of the constitution, it is parliament alone that can by law confer additional jurisdiction on the supreme court in respect of any of the matters in the union list 3 therefore, in order to meet the situation thus created by the aforesaid provisions af the jammu and kashmir representation of the people act, 1957, it was considered necessary to extend entry 72 of the union list in the seventh schedule, with suitable modificatior;ts, to the state of jammu :md kashmir by a constitutional order issued by the president under article 370 of the constitution the extension of the entry with suitable changes was by itself not sufficient and it had to be followed by a legislation so as to confer additional jurisdiction on the supreme court to hear appeals from orders of the jammu and kashmir high court in respect of election petitions ae parliament was not in session, and as the situation ' called for immediate action, an ordinance called "the jammu and kashmir representation of the people (supplementary) ordinance, 1968 ( no2 of 1968)" was promulgated by the president 4 the 13ill seeks to replace the ordinance and, when enacted, would confer jurisdiction on the supreme court to hear appeals from the decisions of the jammu and kashmir high court in respect of election petitions new delhi; p govinda menon the 11th february, 1968 a bill to supplement the jammu and kashmir representation of the people act, 1957 (shri p gor1lnda menon, minister of l(jfjj)

Parliament_bills

201f9599-985a-5bf9-a45d-f5367436f14c

financial memorandumclause 3 of the bill provides for the purchase of chilli from chilli growers by the central government through the spices board clause $ provides that the entire chilli grown by small and marginal chill shall be compulsorily insured free of cost by the central government against natural calamities etc clause 6 provides for the establishment of a chilli growers welfare fund to which the central government and state governments shall contribute in such ratio as may be prescribed the bill therefore, if enacted, would involve expenditure from the consolidated fund of india, {1 is likely to involve a recurring expenditure of rupees three hundred crore per annum a non-recurring expenditure to the tune of rupees four hundred crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of detail only the delegation of legislative power is of a normal character

Parliament_bills

76cbab4d-6992-548b-887f-a255366f9511

(b) once the inquiry committee is constituted to enquire into the charges against a judge, he shall not discharge any judicial function (8) every person appointed to be judge of the supreme court shall, before he enters upon his office, make and subscribe before the president, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule (9) no person who has held office as a judge of the supreme court shall plead or act in any court or before any authority within the territory of india he shall not be appointed to any office of profit, including a commission of inquiry by the government at the centre or state, except on the recommendation of the national 10 judicial commission" amendment of 4 in article 126 of the constitution,—for the words, "as the president may appoint article 126 for the purpose"', the words "as the president may appoint on the recommendation of the national judicial commission"' shall be substituted substitution of 5 for article 217 of the constitution, the following article shall be substituted, 15 article 217 namely:— appointment and conditions "217 (/) every judge of the high court shall be appointed by the president by warrant under his hand and seal on the recommendation of the national judicial commission and shall hold office until he attains the age of 62 years the chief 20 justice of a high court shall always be appointed by seniority from amongst the of the office ofa judge of a high court sitting judges of that high court, unless the national judicial commission unanimously recommends otherwise the president shall be bound by the advice of the national judicial commission (2) the national judicial commission shall not make its recommendation to 25 the president until at least two weeks after the name of the proposed appointee has been duly notified to the public in the press by the national judicial commission (3) a judge may, by writing under his hand addressed to the president, resign his office; 30 (4) if any dispute arises about the age of a judge of the high court, it shall be determined by the national judicial commission whose decision shall be final (5) a person shall not be qualified for appointment as a judge of the high court unless he— , (a) is a citizen of india; (by has held for at least 10 years a judicial office in the territory of india; or 35 (c) has been for at least 10 years an advocate of a high court or of two or more high courts in succession; or (d) ts, in the opinion of the national judicial commission, a distinguished jurist 40 (6) (a) a judge shall not be removed from his office except by an order of the president passed on the recommendation of the national judicial commission which shall be binding on the president (b) the national judicial commission a judge of the high court shall be removed from his office on the recommendation of only on the finding of misbe- 45haviour or incapacity arrived at after an inquiry committee of 3 retired judges of the supreme court or high court constituted by the national judicial commission to inquire into charges of misbehaviour or incapacity against the judge the rules of procedure for framing the charges, constituting the inquiry committee and for the inquiry shall be framed by the national judicial commission" subsntution of article 220 6 for article 220 of the constitution the following article shall be substituted namely:— "220 no person who, after the commencement of-this constitution has held office as a judge of a high court shall plead or act in any court or before any | restriction | on ||----------------|-------|| practice | after || being | a |5 authority; in india except the supreme court and the other high courts he shall nent judge not be appointed to any office of profit, including a commission of inquiry by the government, except on the recommendation of the national judicial commission amendment of 7 in article 222, for clause (1) the following clause shall be substituted, namely: - article 222"(1) a judge of a high court may be transferred from one high court to 10 another high court by the president on the recommendation of the national judicial commission which shall be binding on the president" statement of objects and reasonsa competent, independent and impartial judiciary is vital for sustaining the constitutional democratic system of governance our constitution makers did try to ensure independence of higher judiciary to enable it to work impartialy without fear or favour however, experience has shown that the system of appointment, promotion, transfer of judges in the higher judiciary and their removal for misconduct is deficient, inadequate and lacks transparency inordinate delays in appointment of judges and very often selection of inappropriate persons has contributed to long delays in the decision of cases to the detriment of the litigant public complaints are also heard about the competence and integrity of judges manning the higher judiciary further the procedure for removal of judges for their misconduct is cumbersome, impractical and ineffective and fails to ensure their accountability it is, therefore, not surprising that the system has given rise to wide spread public perception that there is decline in the quality of the higher judiciary in the country besides perceptible decline in the quality of administration of justice such a public perception is bound to eat into the vitals of the constitutional system of governance as a remedial measure it is necessary to set up a high powered multimember national judicial commission entrusted with the task of-— (i) selecting capable persons of proven integrity, honesty and impartiality for appointment in the higher judiciary; (ii) ensuring elimination of inordinate delays in selection and appointment of judges; (iii) ensuring transparency in promotion and transfer of judges; and (iv) ensuring effective removal of errant judges for their misconduct for achieving the aforesaid objectives an amendment to the constitution is required hence this bill s ramachandran pillai financial memorandumclause 2 of the bill provides for the establishment of a national judicial commission the bill, if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rs three crores may involve as recurring expenditure per annum a sum of rs ten crores may also be involved as non recurring expenditure ; annexure extract from constitution of indiaestablishment 124, (/) there shall be a supreme court of india consisting of a chief justice of and constitution india and, until parliament by law prescribes a larger number, of not more than seven of court supreme other judges (2) every judge of the supreme court shall be appointed by the president by warrant under his hand and seal after consultation with such of the judges of the supreme court and of the high courts in the states as the president may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: provided that in the case of appointment of a judge other than the chief justice, the chief jusuce of india shall always be consulted: provided further that— (a) a judge may, by writing under his hand addressed to the president, resign his office; (b) a judge may be removed from his office in the manner provided in clause (4) [((2a) the age of a judge of the supreme court shall be determind by such authority and in such manner as parliament may by law provide] (3) a person shail not be qualified for appointment as a judge of the supreme court unless he is a citizen of india and— (a) has been for at least five years a judge of the high court or of two or more such courts in sucession; or (b) has been for at least ten years an advocate of a high court or of two or more such courts in succession; or (c) is, in the opinion of the president, a distinguished jurist explanation i—lin this clause "high court'? means a high court which exercises, or which at any time before the commencement of this constitution exercised, jurisdiction in any part of the territory of india explanation i]—in computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included (4) a judge of the supreme court shall not be removed from his office except by an order of the president passed after an address by each house of parliament supported by a majority of the total membership of that house and by a majority of not less than twothirds of the members of that house present and voting has been presented to the president in the same session for such rernoval on the ground of proved misbehaviour or incapacity: (5) parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a judge under clause (4) (6) every person appointed to be a judge of the supreme court shall, before he enters upon his office, make and subscribe before the president, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule(7) no person who has held office as a judge of the supreme court shall plead or act in any court or before any authority within the territory of india appointment 126 when the office of chief justice of india is vacant or when the chief justice is, of acting chief by reason of absence or otherwise, unable to perform the duties of his office, the duties of justice the office shall be performed by such one of the other judges of the court as the president may appoint for the purpose appointment and conditions 217 (1) every judge of a high court shall be appointed by the president by warrant under his hand and seal after consultation wtih the chief justice of india, the governor of of the office of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court, in and [shall hold office, in the case of an additional or a judge of a high court acting judge, as provided in article 224, and in any other case, until he attains the age of {sixty-two years]]: provided that— (a) a judge may, by writing under his hand addressed to the president, resign his office; (b) a judge may be removed from his office by the president in the manner provided in clause (4) of article 124 for the removal of a judge of the supreme court; (c) the office of a judge shall be vacated by his being appointed by the president to be a judge of the supreme court or by his being transferred by the president to any other high court within the territory of india (2) a person shall not be qualified for appointment as a judge of a high court unless he is a citizen of india and— (a) has for at least ten years held a judicial office in the territory of india; or (b) has for at least ten years been an advocate of a high court or of two or more such courts in succession; \ explanation—for the purposes of this clause— [(a) in computing the period during which a person has held judicial office in the territory of india, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a high court or has held the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law;] [(aa)] in computing the period during which a person has been an advocate of a high court, there shall be included any period during which the person [has held judicial office or the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law] after he became an advocate; (b) in computing the period during which a person has held judicial office in the territory of india or been an advocate of a high court, there shall be included any period before the commencement of this constitution during which he has held judicial office in any area which was comprised before the fifteenth day of august, 1947 within india as defined by the government of india act, 1935, or has been an advocate of any high court in any such area, as the case may be [(3) if any question arises as to the age of a judge of a high court, the question shall be decided by the president after consultation with the chief justice of india and the decision of the president shall be final] [220 no person who, after the commencement of this constitution, has held office as a permanent judge of a high court shall plead or act in any court or before any restriction on practice after being a permaauthority in india except the supreme court and the other high courts nent judgeexplanation—in this article, the expression "high court" does not include a high court for a state specified in part b of the first schedule as it existed before the commencement of the constitution (seventh amendment) act, 1956] transfer of a 222 (/) the president may, after consultation with the chief justice of india, judge from one transfer a judge from one high court to any other high court high court to another {(2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix]

Parliament_bills

787dfe37-d2d8-5857-8ae8-18c1042cbb57

the finance bill, 1966 arrangement of clauses clauses chapter i preliminaryi, short title and commencement oi\pter ii income-tax and annuity deposits for the pinancial year 1966-672 income-tax 3 annuity deposit chapter iii amendme"'-'ts to the income-tax acr ,4 amendment of section 2 5 amendment of section 13 6 amendment of section 32 7 amendment of section 33 8 amendment of section 33a 9 amendment of section 34 10 ·insertion of new section 3sa 11 amendment of ,section 36 12 amendment of section 43 13 amendment of section 45 14 amendment of section 55 15 amendment of chapter via, 16 amendment of section 85a 17 insertion of new sections 85b and 8se 18 amendment of section 86a 19 amendment of section 88 20 amendment of section 104 clauses21 amendment of section 109 22 ~mendment of section 112a 23 amendment of section 1) 4 24 amendment of section ) 15 25 amendment of section 193 26 amendment of section 20j 27 amendment of section 235 28 amendment of section 236a 29 amendment of section 280a 30 amendment of section 280e 31 substitution of new section for section 280q 32 amendment of section 280x 33 amendment of section 280zb 34 insertion of new sections 288a and 288b 35 amendment of section 297 36 amendment of first schedule 37 amendment of fifth schedule chapter iv other direct tans38 amendment of act 34 of 1953 39 transitional provisions 40 repeal of act 29 of 1957 41 amendment of act 18 of 1958 42 repeal of act 14 of 1963 43 amendment of act 7 of 1964 - chapter v indirect taxfst4 sptcial duties of customs 45 regulatory duties of customs 46 amendment or act i of 1949 47 amendment of act i of 1944 48 special duties of excise on certain goods clauses49 regulatory duties of excise 50 discontinuance of salt duty chapter vimiscbllaneoi s 51 amendment of act 74 of 1956 52 amendment of act 63 of j 960 53 amendlllent of act 52 of 1963 the first schedule the second schedule the finance bill, 1966 a bill~' ~i, ,to give ~ffect to the financial proposals of the central government for the financial year 1966-67 ~~ ''''', be it enacted by paruament in the seventeenth year of the \' republic of india ali follows:-i'i:',' craner-i ~,\"" preliminaryr~ '~ s 1 (1) this act may be called the finance act, 1966 short title and comf (2) save as otherwise provided in this act" sections 2 to 43, section mence-c~ 52 and section 53 shall be deemed to have come into force on the mente ~~:~~ 1st day of april, 1966 ~ i' - ~: , chapter ii ~: lo income-tax and annuity deposits for me 'financial year ·19~7 ,'~ 2 (1) subject to the provisions of sub-secti6ns: (2),(3), '(4) lind' (5), income--'for the assessment year commencing on the 1st day of april, 1966, tax income-tax shall be charged at the fates specified inpart i of the first schedule and, in the cases to which paragraphs a, b, c and d ,;' is oj that part apwy, shall be increased by a surch,arge for purpois of the union and a special surcharge for purposes of the union, calculated in either case in the manner provided therein (2) in making any a~sessment for the assessment year ~ommenc­ing on the 1st day of april, 1966, where the total income of an assessee, not being a company includes any income chargeable under 5 the head "salaries", the income-tax payable by the· assessee on that part of his total income which consists of such inclusion shall be an amount bearing io the total amount of income-tax payable according to the rates applicable under the operation of the finance act, 1965, 10 of on his total income the same proportion as the amount of such 10 inclusion bears to his total income (3) in makin2 any assessment for the assessment year commencing on the l~ day of april, 1966, where the total income of a company, other tllu ule life insurance corporation of india established under the life jwurance corporation act, 1956, includes any profits and is 31 of gains from life insurance business, the income-tax payable by it shall be ute aggregate of the income-tax calculated-(i) on the amount of profits and gains from life insurance business so included, at the rate applicable in the case of the life insurance corporation of india, in accordance with para- 20 graph' e of part i of the first schedule, to that part of its total -bicomewill~ consists of profits and gains from life insurance business; and -(ii) on the remaining part of its total income, at the rate applicable to the company on its total income 2s '(4)" !ii -eases· to which chapter xii of the income-tax act, 1961 43 of (hereinafter referred to as the income-tax act) applies, the tax chargeable shall be determined as provided in that chapter, and with reference to the rates imposed by sub-section (1) or the rates as specified in that chapter, as the case may be 30 (5) (a) in respect of any assessment for the assessment year commencing on the 1st day of april, 1ge6, in the case of an assessee being a domestic company or an assessee other than a company,-(i) where his total income includes any profits and gains derived from the export of any goods or merchandise outof india, 35 be shall be entitled to a deduction, from the amount of incometax with which he is chargeable, of an amount equal to the income-tax calculated at one-tenth of the average rate of incometax on the amount of such profits and gains included in his total income; 40 (ii) wh~e he is engaged in the manufacture of any articlee 111-: an industr:f:~~ed, ~ the fii:st ~$le, tq, ~; industd_ q~~~~~w~!:': ·;it io',fl-:4 , ~j':fv~·~~~'"· ';-"',- r , " ' •• - - " - •• - · ,11\' •• ·~-· , ~ ~",~,_ j (development and regulation) act, 1951,' an'd has,' dlittng the' previous year, exported such articles out of india,~he·au-be entitled, in addition to the deduction of income-~ to in sub-clause (i), to a further deduction,' from the "t- of income-tax with which he is chargeable for the assessnent year, of an ~unt equal to the income-tax calculated at the average , rate of income-tax on an amount equal to' two per~tof" the sale proceeds receivable by him in respect of such export explanation-in this sub-clause, the expression "sale ~ ceeds" does not include freight or insurance attributable· to the transport of the articles beyo'nd the custo'ms s~ti~ • ~ed in the customs act, 1962; (iii) where he is engaged in th~ manufacture of ~y articles \ in lin industry specified in the said fi:rst,schedule iuid·has ,during ·the previous year, sold suc;h ar~icles to any ~th~ pe~n:ld'1ndia' who himself has exported them out of india,' and evfdence':fs' p~ duced qefore the income-tax officer of' such articles "hll'\tirig deen so exported, the assessee shan be entitled to a deduction; 'from ,,' th~ amount of income-tax with which he is chaigeab~ for' the assessment year, of an amount equa(to the incoin~tai·ca1dflated at the average rate of income-tax on' a sum ectual to'two'per cent 'of the sale proceeds receivable by hbn in regpeet of sqeh~articlel j" , from the exporter ;; (b) the aggregate amount of the deductions under' this sub-section shall in no case exceed the amount' of incorrie~tax otherwise 'payable 'by the assessee - _ _ <"' - k '\ (c) nothing contained in sub-clause (ii) 'or sub-c1ause (iii) of clause (a) shall apply in relation t~ ' - ~ , " (1) fuels, ' '-,' -, ," "\ ~ ':' (2) fertiiisers, (3) photographic raw 1um and paper" (4) textiles (including those dyed, printed or o'therwise pro-cessed) made wholly or in part of jute; including j~te twine and rope, (5) newsprint, (e) pulp-wood pulp, mechanical, ,chemical, including dissolving pulp, (7) sugar, (8) vegetable oils and vanaspathi, (9) cement and gypsum 'products, (10) arms and ammunition, and ;,;,~"" (11) cigarettes, ~;;l14i,;" respectively, specified in items 2, 18, 20,23(2),24 (2): 24 (5), 25, 28, ~? " 35, "87 and 3~ of the first schedule to the industries (development ~fi4s and 'regulation) act, 1' , (d) the amount of any profits and gains derived from the export of any goods or merchandise out of india in respect of which deduction of income-tax is admissible under sub-clause (i) of clause (a) shall be"computed in accordance with the rules made by the'board in this behah ' 5 , (6) in cases in which tax has to be deducted under sectio~s 193 to 195 of the income-tax act at the rates in force, the deduction shall b~made; at the rates specified in part ii of the first sc~edule , (7) for the purposes of this section and the first schedule,-" (a) ,"company in which the public are 'substantially inter- jo ested" includes a subsidiary company of such· company referred , to, in clause (b) of section 108 of the income-tax act; (b) "domestie company" means an indian company, or any other company which, in respect of its income liable to incometax under the income-tax act for the assessment year com- is mencing on the 1st day of april, 1966, has made the prescribed arrangements for the declaration and payment within'india of the dividends payable out of such income in accordance with the provisions of section 194 of that act; (c) "earned income" means any income of an assessee who 20 'u 'ad' individual, or a hindu undivided family,or' anuitregistered firm [not being an unregistered firm assessed under clause (b) 'of section 183 of the income-tax act] or ail association of persons or body of individuals, whether inllorporated or not, not bejng-25 {a) a company, or (b) a local authority, or (e) a registered firm, or (d) an unregistered firm 8sse!sed under clause (b) of the said section 183-- 30 (i) which is chargeable under the head "salaries": or i ! (ii) which is chargeable under the head' "profits and gains of business or profession" where the ~usiness or p~~fession is carrmd on by the assessee or, in the case of 35 a ftrm, where the assessee is a partner actively engaged in the conduct of the business or profession; or (iii) which is chargeable under the head "income from other sources" if it is immediately derived from personal exertion or represents a pension or superannu- 40 ation or o~er allowance given to the assessee in respect ,- of the' p~)services of any deceased person~ or' which ;"'~'ij~:; ,i; -<-]s ~argea!tt~ljilder that head ~~er ~a~ (~)of su, b4 ',' '2' f so·h eft ;q a' "" tn"'!\ft'lo_+ap a ,·e9\~ ',, ,' ;:,~ , 'j~~~'" '<rio, ;;~t~"~ ;,~:1' " ~'i~~;':' - "'i!,~ '~'i",~bo ", ' r~~t( \'~ , , ',"lcl1~e!8 any such income which, though it is the income of an-, other person, is included in the assessee's total income under the provisions 9f the income-tax act; but does not include any such income on which income-tax is not payable under clause (iii) or clause (v) of section 86 of that act or which is exempted from tax under a notification issued under section 60 or section '60a of the indian income-tax act, 1922, as continued in force by -clause (1) of sub-section (2) of sectlon 297 of the income-tax act; (d) "industrial company" me~ a company which is mainly engaged in the business of, generation or distribution of electricity or any other form of power or in the, construction of ships or in the manufacture or processing of goods qr i~ mining explanation-for the purposes' of this, clause, a company shall be deemed lobe mainly engaged in the business of generation or distribution of e1ec~ty ar any other form~ofpower or in the construction of, ships, orin the manufacture or processing of goods or in mining, if ,the income attributable to any of the aforesaid activitjes included in its total income for, the previous year is ~ not less than fifty-one 'per c~nt 9f $u(!h to~' b},come; '"":' ~' , (e) "uneamedincome" means income which is not "earned income"; " -", >\ 41'': ~i ~r}·:/·, ; ~! ":j1 (f) "tax -free security" 'means imy' security of the central goyernwent issued or declared ~to 'be income-tax free, or any security of a state government issued' incpme-tax free, the income-tax whereon is payable by the state government; , (g) all other words and expressions used in this section and the first schedule but not defined in this, sub-section and defined in the income-tax act, shall have the meanings' respectively assigned to them in that act ···~30 ,; ~, • ' 3 save as oth~ provided· in chapterxxila 'of the "incom'e- annuity ~,t :', ,- tax act, annuity deposit for the, assessment year commen"cing op the deposit 1st day of april, 1966, shall be made by every person to' whom the provisions of that chapter apply, at the rates specified in the second 35 schedule :' chapter 'ill amendments' to the income-tax act -4 in section 2 of the income-tax act,-amead-(a) in clause (18),-, =~~dof 2, (i) insub-clause (b), for the words "is not a private company", the words "is 'a public company" shall be subs- tituted; , ' (ii) in explanation 2, for the words "consists wholly", the words ,"consist~mainly in the construction of ships or" shall, be substituted; (b) in clause (22), in suboclause (ia), after the words, figures and letters "the 31st day of march, 1964", the words, ftgmies and letters "and before the 1st day of april, 198~" shall be inserted; (e) in clause (42a), after the words "the date of its trans-s fer", the following shall be inserted, namely:-"but does not include a capital asset, being a certificate issued by an authorised dealer as defined in clause (ai) of seetiod 2 of the foreign exchange regulation act, 1947, as evidence of the remittance of foreign currency or other 10 foreign ·exchange [as defined respectively in clause (e) ~d clause (d) of the said section] to india from a country outside india in accordance with the provisions of the said act and any rules made thereunder, during the period com- mendng on the 26th day of october, 1965 and ending on the 15 28th day of february, 1968 or such later date as the cen- tral governmentmay by notification in the official gazette, , specify in this behalf, notwithstanding that such capital asset has been held by the assessee for not more than twelve months immediately preceding the date of its transfer" 20 amend- ·5· in section 13 of the income-tax act, in clause (b), for sub-~u~ 13 clause (u), the following sul>-clause shall be substituted, d8ljle1y:-" (ii) if under the t~ of the trust or the rules governing the 'instifution, any part of such income enures, directly or indirectly, or if any part of such income or any property of ilie 2s trust -or the institution is during ,the previous year used or applied, directly or indirectly for the benefit of the author of the trust or the founder of the institution or any person who has made a substantial contribution to such trust or institution 'or any relative of such author, founder or person and where such 30 author, founder or person is a hindu undivided family, any part of such income enures, or any part of such income or any such property is durinj( the previous year used or applied, directly or indirectly, for the bendt of any member of the hin~u undivided family or any relative of any member of the 3s family" 6 in section 32 of the income-tax act, in sub-section (1) ,-amendment of section 32 (a) to clause (ii),the following proviso shall be add~ ~e1y:-~::"provided that where the achjal cost ot any machinery 40 :·,~::;~:~()r~oli!r)i'dbes not ~ceed seven- hundred and fifty ru~es the - ··"',;:~·"actual cost'jh~ ihailhe adowed'u 'a deduewmblrespeet ::}:},:r~il; " ,":~;'" '>' ,: acqwred, t ":: ~ :st·~/ilft1":!~ %~"\'i; (b) in clause (iii), for clause (1) of the e:q>ltmgtioii, the ·'~~a~"~,~following clause shall be substituted, namely:-"i~~'1ri~'- f,' '(1) "moneys payable" in reaped of any building, 1~~!" macbinery, plant or furniture includes--' ;~i?~·' (a) any insurance, salvage or compensation moneys ~~£?"f;~) ;-, payable in -respect thereof; '"7\~ (b) where the building, machiaery, plant or furniture is sold, the price for which it is sold, so,'however, that where the actual co~t of a motor car is, in accordance with the proviso to clause (1) of section 43, taken to ,be twenty-five thousand rupees, the moneys payable in resp£ct of such motor car shall1:ietaken to be a sum which bears to the amount for which the·motor car is sold or, as the :case may be, the amount of any insurance, salvage or compensation moneys payable in respect thereof (including the ': amount of scrap value, if any) the sad¥! proportion as the amount of twenty-five thousand 'rupees bears to the actual cost of the motor car to the assessee as·it would have been -computed before applying the said 'proviso;'; (c) in clause (iv), for the words "ckflwing a remuneration ' not exceeding two hundred rupees per mensem,", the words 'the i,· : income of each such persod chargeable under the head "salaries" la; ' is seven thousand five hundred ru~ees or less,' shall be $ubstituted :~~fk? 7 in section 33 of the income-tax act, in'the eq,la»atioft to sub- amedd- '' ion (3), the words "and the subsidiary company is an indian ~~f33 r m " shall be omitted ~w \~y, i:;':c~ :;, :~' li: in section 33a of the income-tax act,-amendment of (a) in sub-section (1),-section 33a (0 in clause (i) for the words "forty per cent", the words "fifty per cent" shall be substituted; (ii) jn clause (n), for the words "twenty per cent", the ~ords "thirty per cent" shall be substituted; 15 \ (iii) for the words "be allowed as a deduction in respect of the third succeeding previous year next following the previous year in which the land 4s -preparecl·for ·plantlng·· or replanting, as the case may be:", the followiiig shall be substituted, namely:-"be allowed as a deduction in the manner specified ; hereunder, namely:-(a) the amount of thje ,deve1opmen~ allowance s - shall, in the first instance, be computed with reference to that portion of the actual cost of planting which is incurred during the previous year in which the land is prepared for planting or replanting, as j the case may be, and in the previo1:1s year next fol- iq lowing, and the amount so computed shall be allow- 1 ed as a deduction in respect of such previous year i next following; and -(b) thereafter, the development allowance shall again be computed with reference to the actual cost i of planting, and if the sum so· computed exceeds the amount allowed as a deduction, under clause (a), the amount of the excess shall be al10wed as adeduction in respect of, the third succeeding previous year dlext following the previous year in which the land has 2 beel?- prepared for plantin~ or replanting, as the case may be:"; (b) in sub-s(ection (2) ,-, - (i) for tlie words "the third succeeding previous year next following the previous year in which the land has been 2$ prepared", the words, brackets and figure "the previous year in respect of which the deduction is required to be allowed under sub-section (1)" shall be substituted; (ii) for'the words, brackets and figure "calculated at the rates specified in sub-section (1) ", the words, brackets and 30~ figure "calculated at tl¥ rates and in the manner specified ~ in sub-section (1)" shall be substituted amendment of "ctioo st i in section 34 of the income-tax act, in clause (a) of sub-section (3), after the proviso, the following proviso shall be inserted, namely:-: :i\",:-·,ft~ 3s 'provided further that where a ship has been acquired after the 28th ~ay of february, 1966, this clause shall have effect in res-,pect of sucbsbj'p as' if for the words "seventy-five", the word ~ ccfif~" ,had be«w,: $~p'sti~'l~ed'~, -" ";~~"""""" • o:~ta~;'! ,,', '-"t:~'i'j{,~t·:\>~~:;~~ l - , 10 after section 35 of the income-tax act, the followinl section inserttri~ -be inserted, namely:-of new section 35a '35a (1) in respect of any expenditure of a capital nature e?,pen-966 th 'ti diture on tncwted af~r the 28th day of februarr, 1 , on e acqwsl on acquisition of paterit rights or copyrights (hereafter, in this section, referred o~ patent to as rights) used for the purposes of the business, there shall, ~~~~ts, subject to and in accordance with the provisions of this section, be allowed for each of the relevant previous years, a deduction equal to the appropriate fraction of the amount of such expendi-" ture :"a::~'blui &o ~ ~ ~ f explanation-for the purposes of this section,-(i) "relevant previous years" means the fourteen previous years beginning with the previous year in which such expenditure is incurred or, whe~ such expenditure is incurred before the commencementot the business, the fourteen previous years beginning with the previous y~ar in which the business commenced: provided that where the rights cqmmenced, that' is to say, became effective, in any year prior to the previous year in which expenditure on the acquisition thereof wa~ incurred by the assessee, this clause shall have effect with the substitution for ~ reference to fourteen years of a reference to fourteen ~ars less the n~ber of complete years which, when the rights are acquired by the assessee, have elapsed since the commencement thereof, and if fourteen years have elapsed as aforesaid, of a reference to one year; (ii) "appropriate fraction" means the fraction the numerator of which is one and the denominator of which is the number of the relevant previous years ~ ~·,~\4~, ' (2) where the rights come to an end without being subsequently revived or where the whole or any part of the rights is·'; sold and the proceeds of the sale (so far as they consist of capital sums) are no't ~ss than the cost of acquisition thereof remaining unallowed, no deduction under sub-section (1) shall be allowed in respect of the previous year in which the rights come to an end or, as the case may be, the whole or any part of the rights is sold or in respect of any subsequent previous year ;t~~~e' ' , (3) where the rights either come to an end without being subsequently revived or are sold in their entirety and the proceeds of the sale (so far as they consist of capital sums) are less than the cost of acquisition thereof remaining unallowed, a deduction equal to such cost remaining unallowed or, as the case may be, such cost remaining unallowed as reduced by the proceeds of the sale, shall be allowed in respect of the previous year in which the tights come to an end, or, as the case may be, are sold (4) where the whole or any part of the rights is sold and the proceeds of the sale (so far as they consist of capital sums) exceed the amount of the cost of acquisition thereof remaining unallowed, so much of the excess as does not exceed the difference between the cost of acquisition of the rights and the amount of such cost remaining unallowed shall be chargeable to income-tax as income of'the busit1jess of the previous year in which the whole or any part of the rights is sold expzanation-where the whole or any part of the rights is i sold in a previous year in which the business is no 10nge¥' in· existence, the provisions of this sub-~ction shall apply as if the j business is in existence in that previous year : (5) where a poct of the rights is sold and sub-section (4)' does not apply, the amount of the deduction to be allowed under sub-section (1) shall be arrived at by-(a) subtracting the proceeds of the sale (so far as they consist of capital sums) from the amount of the cost of acquisition of the rights remaining unallowed; and (b) dividing the remainder by the number of relevant previous years which have not expired at the beginning of the previous year during which the rights are sold! amend-11 in section 36 of the income-tax act, in sub-section (1), in ~~~~i~~f 36 clause (t,iii), for the words "an amount not exceeding ten per cent of the total income carrie to such reserve account:", the following shall be substitut~d, namely:- "an amount not exoeeding-(a) in the case of a financial corporation whose paid-up share capital does not exceed three crores of rupees, twenty-· five per cent, (p) in the case oi any other financial corporation, ten per cent, of the total income carried to such reserve account: " 12 in section 43 of the income-tax act, to clause (1), the follow-, !ng proviso shall be added, namely:- amendment of section 43"provided that where the actual cost of an asset, being a motor car ~cquired by the assessee after the 28th day of februery, 1966, exceeds twenty-five thousand rupees, the" cess of the actual cost -over such amount shall be ignored, the actual cost thereof shall be taken to he' twenty-five thousand " rupees ·13 in section 45 of the income-tax act, sub-sections (2), (3) and amendm~nt of ) shall be omitted sedion 45 if in section 55 of the income-tax act, in sub-section (2), amendment of (iv) shall be omitted section 55 15 in chapter via of the income-tax act,-amendme:'lt of be chapter v!a (a) below the heading, the following sub-heading shall inserted, namely:-"a-deductions in respect of certain pa'!lments"; (b) in section boa, in sub-section (2), in sub-clause (ii) of "clause (a), for the word "; or" occurring at the end, the words "notwithstanding that such contract contains a provision for the exercise by the insured of an option to receive a cash paylit in lieu of the payment of the annuity; er" shall be su~ stituted; (c) after section bod, the following sub-heading and section shall be inserted, namely:- "b-other deductionsroe (1) in the case of a company to which this section dftduction applies, where the total income (as computed in accordance ~ ~~~ with the other provisions of this act) includes any pro·fits and gains and gains attributable to the business of generation 01' dis- ~~~fted tribution of electricity or any other form of power or of industries m the case construction, manufacture or production of anyone at more of certain of the articles or things specified in the list in the fifth companies schedule, there shall be allowed a deduction from such profits and gains of an amount equal to eight per cent thereof, in computing the total income of the' company (2) this section applies too (a) an indian company; or \\ l!, '~ff:" (b) any other company which has made the prescribed arrangements for the declaration and payment of dividends (including dividends on preference shares) \\ithin in~ia, i but does not apply to any indian company referted to j'n clause (a), or to any other company referred to in clause (b) if such indian or other comp:my is a company referred to' in section 108 and its total income as computed before applying the provisions of sub-section (i) does not exceed ~,; ' twenty-five,thousanc;l rupe~;':'" "<:'" ~, " 16 in section 85a of the income-tax act-· (a) in the proviso,-amend ment 01 ~­section 8sa (i) the words "w~olly or" shall be omitted; , , (ii) for the words, figures and brackets "the list in para- graph 2 of the third schedul~ t6'- the companies (pro~ts) surtax act, 1964", the words' "the list in the fifth schedule" shalfbe{substltuted;; ''1~',~,~{ ~,t :1'· -:;,)t : j ~, - ~ :; ':' (b) ipthe explanation, for the :words, figures and brackets "the list in paragraph 2 of the third' schedu~e to the'- companies (profits) surtax act, 1964", the words' "the list in the fifth schedule" shall be substituted 11 after section 85a of the income-tax act, the following sections i shall be ins~rted, namely:-1 j insertion , ot new sections 85b and 85e deduction· : "85b wh,ere' shares in a company which is neither an of tax on clivi -!)·~indian company nor a company which has made the prescribed ciends' arrangements for the declaration and, paymejnt of, 'dividends received·· [rom ,i!:: 'i-; ~ withinjndia (hereafter, in thic; section referred to as th~ foreign ;~;!i: ' company) have been allotted to-an assessee, being an indian companies company, in consideration of any patent, invention, model, design, secret formula or process, or similar property right, or 'f' information concernin,l:( jndustrial, commercial or ~cientific knowledge, experience or skill made available or provided or agreed to be made available or provided to the foreign company by the assessee, or in consideration of technical services tendered or agreed to be rendere~ to the foreign company by the' assessee, under an agreement approved by the central government in this behalf before the 1st day of ocfober of the relevant assessment year, and any income by way of dividend on such shares is included in the total income of the assessee, the assessee shall be entitled to a deduction from the i,ncome-tax with which" it is chargeable on its total income for the assessment year of <;,;<,'" tej':;"''§o much of the amount of income-tax calculated at the average ' -of incom~tax on the income by way of dividend so included ' j ~;~;'41 ' cis the·-twio~t of, ~ejlty-fl~, ~r: cent thereo~:;,· ,:· :;,( ~' ~_)ti"{j, ;", , 85c where the total income of an assessee', being an indian deduction 1 d ' b f it ,', of tax on , company, mc u es any mcome y way 0 roya y, com~lsslon, royalties, fees or any similar payment received by it from a company which etc • receiv-i d· h' h h d ed from is neither an n ian company nor a company w lc as rna e certain c the precribed arrangements for the declaration and payment for~ign j - compames of dividends within india (hereafter, in this section, referred to as the foreign company) in consideration for the use of any patent invention, model, design, secret formula or process, or similar property right, or information concerning industrial, 10 commercial or scientific knowledge, experience or skill made availablf' or provided or agreed to be made available or provided to the foreign company by the assessee, or in consideration of technical services rendered or agreed to be'· rendered to the - foreign company by the assessee, under an agreement approved 15 by the' central government in this behalf before the 1st day of october of the relevant assessment year, the assessee shall be entitled to a deduction from the income-tax with which it is chargeable' on its total income for the assessment year of so much of the amount of income-tax calculated at the average rate of 20 income-tax on the income so included as exceeds the amount of twenty-five perce'nt thereof" 18 in scction 86a of the income-tax act, for the wor,gs "twenty- amendfive" the words "twenty-seven and a ,half" shall be substituted ment,t of , sec ion cj6a 19 in section 88 of the income-tax act, in clause (a) of sub-section a d men -25 (1), for the words "twenty-five", the words "twenty-seven and a ment of half" shall be substituted section 88 20, in section 104 of the income-tax act,-(n) in sub-section (1) ,-amendment of sect ioc 10-1 (i) for the words, brackets and figure-30 -"on the distributable income as reduced by-(i) the amount of dividends actually distributed, and", tlie words "on the distributable income as reduced by the amount of dividends actually distributed, if any" shall be substituted; 35 (ii) clause (ii) shall be omitted; (b) in sub-section (4),-(i) in clause (a), for the words "wholly or mainly" the words "mainly in the construction of ships or" shall be substituted; (ii) after clause (b) the following clause shall be inserted, namely:-"(c) a company which is neither an indian company nor a company which has made the prescribed arrangements for the declaration and payment of dividends within india"; (iii) in the explanation, after the words "consist mainly in", the words "the construction of ships or in" shall be inserted 21 in section 109 of the income-tax act,-amendmellt of section 109 (a) in claus~ (i), after sub-clause (f), the following sub---clauses shall be inserted, namely:-- (g) any expenditure actually incurred for the purposes of the business, but not deducted in computing the income chargeable under the head "profits and gains of business or profession" being- (1) a bonus or gratuity paid to an employee, (2) legal charges, (3) any such expenditure· as is r~ferred to in clause (c) of section 40, (4) ·any expenditure claimed as a revenue expenditure but not allowed to be deducted as such and not resulting in the creation of an asset or enhancement in the value of an existing asset; (h) any expenditure wholly and exclusively incurred for the purpose of making or earning any income (other than income chargeable under the head "profits and gains of busi- ness· or profession") included in the total income but not· allowed to be deducted in computing such income and not resulting in the creation of an asset or enhancement in the value of an existing asset;' ; (b) for clause (ii) t the following clause shall be substituted, namely:-c (ii) "investment company" means a company whose total income consists mainly of income which, if it had been the income of an individual, would have been regarded as unearned income explanation-in this clause, the expression "unearned income" has the meming assigned to it in the· finance act of the relevan~ year;' ; te) in clause (iitl), the words ''wholly ~rn shall be omitted; (d) for sub-clause (iii) (3), the following shall be substituted, namely:-"(3) in the case of an indian company [not being an indian company which falls under the provisions of clause (a) of sub-section (4) of section 104], a part only of whose total income consists of profits and gains attributable to the business of construction of ships or of manufacture ~r processing of goods or of mining or of generation or distribution of electricity or any other form of power-(a) in relation to the profits and gains nil: attributable to such business (b) in relation to the remaining part of its total income-(1) if it is a company which satisfies 90%; the _ conditions specified in sub-clause (4) (a) of this clause (2) in any other case 60% ' explanation-the· provisions of this chapter shall, in relation to remaining part of the total income aforesaid, apply as if such were the total income of the company; and, for the purposes of uh 104, the amount of dividends actually distributed shall be ~q,c:~eiileq to be such proportion thereof as the part aforesaid bears to total income of the company;" 22 in section 112a of the income-tax act, the existing explana- amend-j~~ucm shall be re-numbered as explanation 1 and after explanation 1 ment of so re-nurpbered, the following explanation shall be inserted, ~~~~n ly:- ' ",'fl" , 'explanation 2-for the purposes of this section and sections 112, 114 and 193, "national savings certificates (first issuet' includes "national savings certificates (first issue)-bank series"' 23 in section 114 of the income-tax act, in sub-clause '::clause (b), the third proviso shall be omitted (ii) of amendment of section 114 24 in section 115 of the income-tax act,-(a) clause (i) shall be omitted; amendment of section 115 (b) in sub-clause (b) of clause (ii), the brackets, words and figure "[excluding capital gains, if any, referred to in clause (i)]" shall be omitted; (c) in clause (iii), for the words, brackets and figures "in clauses (i) and (ii) ", the words, brackets and figures "in clause (ii)" shall be substituted amend-25 in section 193 of the income-tax act, in the proviso, after clause ~~ri~;i93 (iii), the following clause shall be inserted, namely:-5 "(iv) any interest p~yable on any other security of the central or state government, where the security is held by an individual, not being a non-resident, and the holder thereof makes a d~1aration in writing before the person responsible for paying the interest that-10 (a) he has not previously been assessed under 'this act or under the indian income-tax act, 1922; 11 (b) his total income of the previous year in which the interest is due is not likely to exceed the maximum amount not chargeable to tax; and 15 (c) the total nominal value of the securities held by him (including such securities, if any, as are held on his behalf by any other person) did not exceed two thousand five hundred rupees at any time during the said previous year" an1podment of section 201, 26 in section 201 of the income-tax act,-20 (a) in sub-section (1), in the proviso, for the word "wilfully", the words "without good and sufficient reasons" shall be substituted; (b) after sub-section (1), the following sub-section, shall be inserted, namely: -25 u(la) without prejudice to the provision~ of sub-section (1), if any such person, principal officer or company as ~s referred to in that sub-section does not deduct or after deducting fails to pay the tax as required by or under this act, he or it shall be liable to pay simple interest at six per 30 cent per annum on the amount of such tax from the date on which such tax was deductible to the date on which such tax is actually paid"; (c) in sub-section (2), for the words "it shall be a charge", the words brackets, figure and letter "the amount of the tax 35 together with the amount of simple interest thereon referred to in sub-section (la) shall be a charge" shall be substituted amend-27 in section 235 of the income-tax act, in sub-clauses (i) and ment of ( •• ) f 1: (b) f th ds u ty fi " th section 23~" oc ause , or e wor iowen - ve, e words "twenty- seven' and a half" shallt"besubstituted ,~" 28 in ,section 236a of the income-tax act,-(a) in sub-section (f), for the words, figures and letters ~n "the 1st day of april, 1964", the words, figures and letters "the 1st day of april, 1966" shall be substituted; s (b) for sub-section (2), the following sub-section shall be substituted, namely:-10· - "(2) the amount to be given as credit under sub-section (1) shall be a sum which bears to the amount of the tax payable hv the company under the provisions of the annual finance act with reference to the relevant amount of distributions of dividends by it the same proportion as the amount of the dividends (other than dividends on preference shares) received by the institution or fund from the company bears to the total amount of dividends (other than dividends on preference shares) declared or distributed by the company during the previous year ezplanation-in sub-section (2) of this section and in section 280zb, the expression "the relevant amount of distributions of dividends" has the meaning assigned to it in 20 the finance act of the relevant year" 29 in section 280a of the income-tax act, after the existing pro- anlejid-"viso, the following second proviso and the 'following explanation ~~i~'nof shall be added, namely:-280a 'l?rovided further that nothing contained in this chapter 2$ sh&~l apply in the case of a person whose total income· ~f the p~evious year relevant to the assessment year commencing on the 1st day of april, 1967; or any subseque~t year, does riot exceed twenty-five thousand rupees, unless such person has, not ~~ter than the 30th day of september of the financial year 30 immediately preceding the assessment year, by notice in writing to the income-tax officer, declared (such declaration being final for that assessment year and all assessment years there'after) that the provisions of this chapter shall apply to him explanation-in this section and in sections 280e, 280f and 3s 280h, the expression "total income" means the total income computed without making any allowance under section 2800' ' men t of section 280e substjtu 31 for section 280q of the income-tax act, the following section don of new section for shall be substituted, namely:-section 280q / roundjn, off "280q the amount of any deposit to be made under this chapter shall be rounded off to the nearest multiple of ten' rupees and for this purpose any part of a rupee consistidg of s paise shall be ignored and thereafter if such amount is not a multiple of ten, then, if the last figure in that amount is five or more, the amount shall be increased to the ne¥t higher amount which is a multiple of ten and if the last figure is less than five, the amount shall be reduced to the next lower amount which 10 is a multiple of ten: ! i - provided that where the amount so computed is required under any provision of this chapter to be deposited in two or more equal instalments and the amount of each instalment calculated for this purpose is not a multiple of ten rupees, the amount of each such instalment, other than the last instalment, 15 shall be rounded off to the nearest multiple of ten rupees and the balance shall be the amount of the last instalment" amendmental section 280x 32 in section 280x of the income-tax act, after sub-section (1), the following sub-section shall be inserted, namely:-20 "(1a) notwithstanding anything contained in sub-section (1), a depositor, being an individual who is more than seventy years of age on the last day of the previous year relevant to any assessment year and who has not exercised the option in accordance with the provisions of sub-section (1), may, on or befo~e 25 the 30th day of june of the assessment year, by notice in writing to the income-tax officer, declare (such declaration being final for that assessment year and all assessment years thereafter) that the provisions of this chapter shall not apply to him and if he does so, the provisions of this chapter shall not apply to him 30 for any assessment year in relation to which such option has effect: i ! provided that where any such depositor satisfies the incometax officer that he was prevented by sufficient cause from making such declaration on or before the date aforesaid, the 3s income-tax officer may, with the'previous approval of the ~ting assistant commissioner, allow such depositor to di~ the dee1aration at any time &!ter the said ~te" in section 289zb of the income-tax act, in explanatio~ z, for =~ entence beginning with the ~otds "the amount of income-tax section - __ ujic by the company" and ending with the words "during the 280 zb iin!vic)us year or any previous year prior to that year", the following it'1ljall be substituted, namely:-'''mle amount of income-tax payable by the company for , any assessment year shall be computed after making allowance for any relief, rebate or deduction in respect of income-tax to which the company is entitled under the provisions of this act ot:' the annual finance act and after deducting from such amount of income-tax-(a) the amount of additional income-tax, if any, payable by the company under the provisions of section 104; and (b) (i) in respect of the assessmeht year commencing on the 1st day of april, 1965, the amount, if any, by which the rebate of income-tax admissible to the company under the provisions of the finance act, 1965, is, under the provisions of the said act reduced with reference to the face value of any bonus shares or the amount of any bonus iss1,1ed by the company to its shareholders durin~ the previous year or any previous year l>rior to that year or with reference to any amount of dividends declared or distributed by it during the previous year or any previous year prior to that year;· or (h) in respect of the assessment year commencing on the 1st day of april 1966, or cmy subsequent assessment year, the amount of income-tax, if any payable by the company under the provisi('lns of the annual finance act with reference to the relevant amount of distributi'ons of diyidends by it" 34 after section 288 of the income-tax act, the 30 tions shall be inserted, namely:-following sec- insertion of nt"w sections 288a and 288b - 3s'288a (1) subiect to the provisions of sub-section (2) the !~u~tinr amount of total income computed in accordance with the fore- inccme going provisions of this act shall be rounded off to the ~earest multiple of ten rupees and for this purpose any part of a rupee consistin,:t of paise shall be i~oredand thereafter if such amount is not a multiple of ten then if the last fitrure in that amount is five or more the amount shall be increased to the next hi~her amount which is a multiple of ten and if the last fi~re is lesr than five, the amount shall be reduced to the next lower amount which is a multiple of ten; and the amount so rounded off shall be deemed to be the total income of the assessee tor~h~ pui-p<?ses of this act , (2) if the total income of the assessee includ~s ea~ed , }ncome chargeable under any head, the adjustment -, under~ s~~ , sect jon (1) shall, to the extent possib~e, be made in computing s such earned income and, as to the balance, it" any, ·against any other income; and if there is no earned income, 'the ' , adj~'stment ~ha11 be made in computing any other income under ~n'y head e~lanation-in this section, the _ expression "eai?:led in,· come" has the meaning assigned to it in the finance ali ,of the 10 relevant y~ar , ~ rounding off of tax, etc 288b: the' amount of tax (including tax dedw:tlble at source , or payable in advance), interest, penaltyl fln~ qt: ,any other sum payable, and the amount of refund d~el und~r t~e p'rovisions of this act shall be, rounded off to the nearest rupee ~d, for this is purpose, where, such amo,unt contains a part of a rupee con- sisting of paise, then, if such part, is fifty' paise or more, it shall be increased ,t~ one rupee and if such par~ is less ih~ fifty paise, ~t shall be ignored' , , amend- ss in section 297 of the income-tax 'act, in ,cisuse (l) of sub- 20 ~~~~nofa97· section' (2), after the word and figures "'section' 60", the w~rds, figures and'letter "or section 60a" shall be, and shall be deemefl always te , -h~v~ been, inserted amend-- 36 in the first schedule to the ihcom~:tax act,' in' rule 3, iii -~~~i of - '-tlause (e) for the words j'twenty-five", the words "twenty-seven and 2s schedule -a' hair'- shall' be 'substituted, 37 (1) in the fifth schedule to the income-tax act,-amel"'dmerit of fifth schedule (a) for 'the b~ackets words, figures and iefter "[see' section 33(1)(iii)(c)]", the following shah 'be substituted; nam~'ly: -' u[see sections 33 (1) (iii) (c), 80e and 85a]"; 30 ' (p) in !teji?, (16), ,after the word "p~~p~'! tj:le w?rds "including n~wsprint" shall be inserted; , - - - - 0-(c) after item (25), the following items shall be, inserted, namely:-"(26) tea , )' (27) printing machinery" (2) for th~ purposes of sub-section (1) of section 33 of the said act; -the amendments made by claus~s, (b) and (c) shall have effect in ' j;~ect, of machfnery or-plant installed after the 31st day of'muc~ tr1_ r • , _ - :'" :, ' - _, - •• - ",~ - - ( " /~~lc:(~"' -' \ '-'_ r' 1', , po"f ,,~ " ·)t~i\u~ ~,: ~ ~ ' ~ i - - -- amend- ment (a) in section 9, in sub-section (1), for the words "one year", of act 3 of 1953 the words "two' years" shall be substituted; '(b) in ¥ction 10, in the proviso, for the words "one year", the words "two years" shall be substituted; (c) in section 11, in sub-section (2), for the words "(;me year", wherever th~y occur, the words "two years" shall be substituted; f f' ": '" if t, (d) in section 12, in the proviso to sub-section (1), for the ~ ,' , ~ords "one yeat", the words "two years" shall ~e substituted; 'jo '" :' ' "·~~i'· (e) in section 22, for the words "one year", the words "two years" shall be substituted; (f) in section 33, in sub-section (1) ,-(i) in clause (b), for the words "one year", the words "two years" shall be substituted; ;~{ 'i', ' ' " ~, - • }-, ··tf · - (ii) after clause (m), the following clause shall' be, and shall be deemed to have been, inserted with effect from the 1st day of april, 1965, namely:-- t ' ~"'"" " "(mm) property belonging to the deceased whowas a member of any police force (including a border secllrity force) and was killed in any action in protecting the border'''' i 'l~~': nor '" : " , f"~ 1'0 - " " , , (g) in section 34, in clause (a)' of sub-section (1), after the brackets and letter "(m)", the brackets and letters "(mm)" shall be, and shall be deemed to have been, inserted with effect from the 1st day of april, 1965; (h) in section 46, in sub-section (2), for the words "one year" the words "two years" shall be substituted; (i) in the second schedule, for part i, the followin~ part shall be substituted, namely:-"part i f in the case of any property whic~ passes or is deemed to pass on -the death of the deceased----nil; ~s (1) where the principal value of the !- estate does not exceed rs 50,000 ft) where the principal value of the ',' ~te exceeds rs 500qo ~ut doeli l: aat ~qee4 rf l,qq • ooq 4 per cent of the 3mount by which the principal value of the e:;;tate exceed, rs 50,000: rs 2,008 pi 10 per cent ef the amount by which the principal value of the estate exceeda rs 1,00,000; (3) where the principal value of the estate exceeds rs 1ro,{loo but does not exceed rs 2,00,000 (4) where the principal value of the estate exceeds rs 200000 but do~s not exceed rs 3,50,000 (5) where the principal value of the estate exceeds rs 350,000 but does not exceed rs 500,000 (6) whexe the principal value of the estate exceeds its 5,00,000 but does not exceed rs 10,00,000 (7) where the principal value of the estate exceeds rs 10,uo,000 but does not exceed rs 15,00,000 ri 12,000 plu 15 per cent of the s lldlount by which the principal value of the eo;tate exceed rs 2,00,000; rs 34,500 plus 25 per cent of the amount by which the principal 10 value of the estate exceeds rs 3,50,000; tts 72,000 pi so per eent ot the amount by which the principal value of the estate exceed is rs 5,00,000; as 2,22,000 plus 40 per ·cent of the amount by which the principal value of the estate exceech as 10,00,000; ·20 (8) where the principal value of the estate exceeds rs 1500,{,qo but does not exceed rs 20,00,000 r;; 4,22,000 plus 50 per cent ot the amount by which the principal value of the estate exceeds rs 15,00,000; (9) where the principal value of the estate exceeds rs 20,00,000 rs 6,72,000 plus 85 per cent of the 2 s amount by which the principal value of the estate exceed rs 20,00,000" transitional provisions 39 in the case of persons dying on or after' the 1st day of april, 1966, but before the 1st day of april, 1967, sections 9, 10, 11, 12, 22, 3330 and 46 of the estate duty act, 1953, as amended, respectively, by clauses (a), (b), (c), (ci) and (e), sub-cia tis e (i) of clause (f) and clause (h) of section 38, shall have effect" as ·if references therein to the two years before the death of the deceased were references to the said two years less so much thereof as fell before 3' the 1st day of april, 1965 40 the expenditure-tax act, 1957 is hereby repealed repeal of act 29 ot 1957 41 in the gift-tax act, 1958,-(a) in section 5,-amendment of act 18 of 1958 (i) in sub-section (1), after clause (ii), the following 40 clause shall be inserted, namely:-'(iia) being an individual who is not resident in india to any person resident in india, of foreign currency or other foreign exchange [as defined, respectively, in clause (c) and clause (d) of section 2 of the foreign 4s exchange regulation act, 1947] remitted from a country 1 outside india in accordance with the provisions of the sajd act, alld any rules made thereunder, during the period commencini on the 26th day of october, ·1961' anci ending on the 28th day of february, 1966, or such later date as the central government may, by notification in the official gazette, specify in this behalf explanation-for the purposes of this clause, the expression iiresident in india" shall have the meaning assigned to it in the income-tax act;'; (ii) in sub-section (2), for the words "five thousand", the words "ten thousand" shall be substituted; (b) section 6a shall be omitted; i:" (c) for the schedule, the following schedule shall be substi-" ,': tuted, namely:- "the schedule [see section 3] rates of gift-taxi) per cent of the value of such gifts where the value of all taxable ·gifts does not exceed rs 15,000 rs 750 plus 8 per cent of the :lmount by which the value of such gifts exceeds rs 15,000 ,where the value of all taxable gifts exceeds rs 15,000 but does ,'not exceed rs 40,000 ; where the value of all taxable gifts exceeds rs 40,000 but does not exceed rs 90000 rs 2,750 plus 10 per cent of the amount by which the value af such gifts exceeds rs 40,000 rs 7,750 plus 15 per cent of the amount by which the v&lue of such gifts exceeds rs 90,000 where the value of all taxable gifts exceeds rs 90,000 but does not exceed rs 1,40,000 j,·,i 1 :; 6 ,) where the value of all taxable \:i,:' , eifts exceeds rs 1,40,000 but does i' ,- not exceed rs 1,90,000 ~"'-rs 15,250 plus 17·5 per cent of the amount by which the value of such gifts exceeds rs 1,40,000 - -;~-:,\ 8): where the value of all taxable 30-\ gifts exceeds rs 190,000 but does not exceed rs 3,40,000 rs 24,000 plus 20 per cent of the amount by which the vnlue of such gifts exceeds rs 1,90,000 "y:,\-(7)- where thp value of all taxable rs 54,000 plus 25 per cent of the amount by which the va) lie of such gifts exceeds rs 3,40,000 ,,~j;(~ juts exceeds rs 3,40,000 but does ,:(,,-not exceed rs 4,90,000 ii,· ' 5s (8) wbere the value of all taxable ;~ '{il' - ,~1fts exceeds rs 490000 but does ';~~~ not exceed rs 9,90,000 ~~:: (9) where the value of all taxable litts exceeds rs 9,90,000 but does ~;_ not exceed rs 1490000 (10) where the value of all taxable lifts exceeds rs 1490,000 rs 91,500 plus 30 per cent of the amount by which the value of such gifts exceeds rs 4,90,000 rs 2,41,500 plus 40 per cent of the amount by which the value of such ~ifts exceeds rs 990,000 rs 4,41 500 plus 50 per cent of the amount by which the value of iuch gilts exceeds rs 14,90,000" u the super profits tax act, 1963 is hereby repealedrepeal of act 14 of 1963 43 in the companies (profits) surtax act, 1964,-(a) in the first schedule, in clause (i) of rule 2,l -\mendment of act 7 at 1964 (i) for sub-clause (b), the following sub~e shall be substituted, namely: -' ,,: s '(b) the amount of income-tax, if any payable by the company under the provisions of the annual finance act with reference' to the relevant amount of distributions of dividenas by it explanation-in this sub-clause, the expressi~n "the 10 relevant amount of distributions of dividends" has the meaning assigned to it in the finance act of the relevant year;'; (ii) after sub-clauc;e (b), the following sub-clause shall be, and shall be deemed always to have been, inserted, is' namely:-'(c) the amount of income-tax, if any, payable b~ the company under section 104 of the income-tax act explanation-in relation to the assessment year :'ommencing on the 1st day ~f april, 1964, the reference 20' 10 this sub-clause to "income-tax" shall be construed as a reference to "super-tax";'; (b) in the third schedule,-(i) in paragraph 1,-(1) for the figures and words "40 per cent", ·the 2s figures and words "35 per cent" shall be substituted; (2) the first and second provisos shall be omitted;· (3) in the third proviso,-(a) for the words "provided further", ~ word "provided" shall be substituted; 30 ~ (b) in clause (a), the words uafter deducting from such amount of income-tax the amowlt, if any, by which the rebate of income-tax admissible to the company under the provisions of the annual finance act is, under the provisions of the said act, reduced with reference to the face value of any bonus'shbfe5 or the ',amount of any bonus issued by the company to tis' shareholders during the previous year or -y previous year prior to that year" shall be omitted; (ii) paragraph 2 shall be omitted chapi'er vindirect taxes ~ ,~~ , 44_ (1) in the case of goods chargeable with a duty of customs !=~t ~' which is specified in the first schedule to the indian tariff act, customs 1, 1984 (hereinafter referred to as the tariff act), or in that schedule '8t ,as amended by a subsequent central act, if any, or in that schedule-,tr-ro'read \\ith any notification of the ce'ntral government for the time < being in force, there shall be levied and collected as an addition to, ~, ;:and in the same manner as, the total amount so chargeable, a ~ ' /:;special duty of customs equal to 10 per cent 'of such amount: ,~:~ provided that in computing the total amount so chargeable,1 any t;i~uty ch~g~able under ~ction 2a of, the· tariff a'ct or section 45 ~: of thi~ act shall not be included ", ';-;' '~~' (2) sub-section (1) shall cease to have effe'ct after the 31st day !~ i' ' if(;j-f may, 1967 except as respects things done 6roiriitted to be done :7 ,;,t before such cesser; and section 6 of the general clauses act, 1897 ,~shall apply upon such cesser as if the said sub-section had then been :1 l lr'epeal ed' by a ceritral act ''-;1'", ~ ;~" ' 45 (1) with a view to regulating -or bringing greater economy regulatory ~'? ~in imports, there shall be levied and collected, with effect from such !:~~ , ,date,~nd at such rate, as may be specified· in, this· behalf by the "~ central government by notification in the official gazette, on all or any of the goods mentioned in the first schedule to the tariff act ~,,":o:, or in that schedule as amended by a subsequent central act, if any, ~:;! ,a regulatory duty of customs not exceed\ng-' (1i~, ~;;;+, (4)' 25 per cent of the rate, it any, specified in the said first 30 schedule read with any notification issued under section 3a or sub-section (1) of section 4 of the tariff act; or \~~ whichever is higher: j "~ (b) 10 per cent of the value of tl~eg9<?ds as determined in i: accordance ~ith the provisions of section 14 of the customs act, i·, 1962; ,:- " 'provided that different dates and different :rates may be specified r by the central government for diffe'rent kinds of goods ~r (2) sub-section (1) shall cease t? have effect after t~e 15th day f of july, 1967, except as respects thmgs done: ()r omitted to be done before such cesser; and section 6 of the general clauses act, 1897 shall apply upon such cesser as if the said sub-section had then been repealed by a central act (3) the regulatory duty of customs leviable under this section in respect of any goods referred to in sub-section (1) shall be in ad- 5 dition to any other duty of customs chargeable on sueh goods under the customs act, 1962 ( 4) the provisions of the customs act, 1962 and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to 10 the levy and collection of the regulatory duty of customs leviable under this section in respect of any goods ~ they apply in relation to the levy and collection of the duties of customs on such goods under that act or those rules and regulations (5) every notification issued under sub-section (1) shall, as soon is as may be after it is issued, be placed before each house of parliament 46 in the indian tariff (amendment) act, 1949, in sections 4 and 5, for the figures "1966", the figures "1967" shall be substituted 47 in the central excises and salt act, 1944 (hereinafter referred 20 to as the central excises act), in the first schedule,-amendment of act 1 of 1949 amendment of act 1 of 1~44 (a) in item no1, for the entries in the third column aga~st sub-items (1) and (2), the entries ''thil"ty rupees and fifty paise per quintal" and "fifteen rupees per quintal" shall, respectively be' substituted; 2s (b) in item no 4,-(1) under trl unmanufactured tobacco-", for the entries in the third column against sub-items (1), (2) and (4), the entries "three rupees and twenty paise", "twenty-five ~ees" and "~o rupees and sixty paise" shall, respective- 30 ""-,~ substituted; (2) under llii manufactured tobacco-"i for the entries in the third column against sub-items (1) (i), (1) (vi), \ (1) (iii) and (1) (iv), the entries "twenty rupees", "twelve rupees", "four rupees" and "one rupee" shall, respectively, 35; be substituted; i , (c) in item no9, for the entry in the third column, the , entry "one hundred and ninety-five rupees per metric tonne" ,,:,,: ~~ be substitu~~~~ (d) after item no lid, the following item shall be inserted, namely:-fifteen "per cent ad vllorem"; "lido synthetic organic pro-ducts of a kind used as organic luminophores; products of the kind known as opi'ical bleaching agents, substantive to the fibre (e) in item no 14h, for the entry in the third column against sub-item (iv), the entry "one rupe'e per kilogram!' shall be substituted; (1) after item no 15a, the following item shall be inserted, namely:-ten per cent ad valorem"; "15aa organic surface-active agents (other than soap); surface-active preparations and washing preparations, whether or not con-taining soap (g) in item no 18, for the entry in the third column, the entry "twelve rupees per kilogram" shall be substituted; (h) in item no 18a, for the entries in the third column against sub-items (1) and (2), the entries "one rupee and fifty paise per kilogram" and "sixty paise per kilogram'~ shall, respectively, be substituted; (i) in item no 19,-(1) for the entry in the third column against each of the sub-items (1), (2) and (5), the entry "eighty paise per square metre" shall be substituted; (2) for the entry in the third column against each of the sub-items (3) and (4), the entry "sixty paise per square metre" shall be substituted; ;'f" ;l:30 ~,' ,j' - (j) in item no 26aa,-'~ • -·'·" "'~~~ i1:~ '\·r" -~"'''' (1) the word "flats" occurring in the entry in the second column against sub-item (ia) shall be omitted; i' i ,: 35 ',/-' " (2) for the words "skelp and strips" occurring in the entry in the second column against sub-item (iii), the word~ ''flats, &kelp and strips" shall be substituted; '(3) for the 'entry in the -third column against sub-item (iv) , the entry "fifteen per cent ad valorem ,plus the excise duty for the time being leviable on pig ir<;>nor steel ingots, as the' case may be" shall be substituted; (k) in item no 33b,-s (1) for the entry in the second column against subitem (i), the following entry shall be substituted, namely:-"insulated wires and cables of copper, aluminium or other metals and alloys, whether sheathed or unsheathed, the conductor of any core of which, not being 10 one specially designed as a pilot core, has' a sectional ' area not exceeding 1·5 square millimetres in the case of copper, or not exceeding 2·5 square,millime1res in the case of aluminium or of not more than equivalent conductivity as of copper in the case' of other metals and is alloys"; (2) the following explanation shall be inserted at the encl ~mely,:-'" 'explanation-the expression "electric wires and cables, all sorts" used in this item shall not include 20 square or rectangular conductors', whether insulated or not' ' :: special duties of excise on certain eoods 48 (1) when goods of the description mentioned in this section' chargeable with a duty of excise under the central excises act (as amended by this act or any ~ubsequent central act) read 25 with any notification for the time being in force issued by the central government in relation to the duty so chargeable, are assessed to duty, there ~hall be levied and collected-(a) as respects goods comprised iii items nos 6, 8, 9, 14d, 22a, 23a except sub-item (1) thereof, 23b, 28,29, sub-items (2) and (3) 30 of item no 31 and item no 32 of the first schedule to the central excises act, a special duty of excise equal to 10 per cent of the total amount so chargeable on such goods; , (b) as respects goods comprised in items nos 2, 3(1), subitems i, ii (2) and ii (3) of item no4, items nos 13,1, 14f, 15, 35 15a, 15b, 16, 16a, 17, 18a (2), 21, 22, 23, 23a (1), 27, 30, 31 (1), 33, sub-items (1), (3a) and (4) of item no 34 and item no 37 of that schedule, a special duty of excise equal to 20 per cent of the t<?tal amount so chargeable on such goods~ ~nd , (c) ,as respects goods comprisedm ite~ ,?frs,i''~ (1) j 18, 4q 18a(1), l8b" 2q, ~a ~i\i ~teqlf, ~~},-and~(~l\'~ljltepl no 34 ' - •• - • ' -"-o"'1 - uj ,: ~ ! , ~" '" " special duty of e'xcise equal to 331 per ·cent of the total amount :,~ so chargeable on such goods ':\1,:<;'" ,,! (2) sub-sec~ion (1) shall ce~se to have efte~ after the 31st day of '~i~ ii,y, 1967, except as respects thmgs done or omitted to be done before i:ir:~ fjilch cesser; and section 6 of the general clauses act, 1897 shad i~ :'~" epply upon such ,cesser as if the said sub-section had then been re-:/~", ~led, by ~ ~tral act ~2~:' (3) the duties of excise referred to in sub-section (1) in respect of :~% 10 the goods specified therein shall be in addition to the duties of excise ~it f ~,' chargeable on such goods under the central excises act 'or any ~ other law for the time being in force and such special duties shall be ~;, ~vied for purposes of the union and the proceeds thereof shall not t:' be ,distributed among the states ~"",j5' (4) the provisions of the central excises act and the rules made "t i thereunder, including those relating to refunds,and exem,ptions from duties, sha1l1 as far as may be, apply in relation to the levy and collection of the duties of excise leviable under this section in respect of ,any goods as they apply in relation to the levy and collection -of the r \'20 duties of excise on such goods under that act or those rules 49 (1) with a view to regulating ·or bringing greater t!con~m,y, in regulatory consumption, there shall be levied and collected, with effect from ~~~~ of such date, and at such rate, as may be specifiedin tbt!i behau by the central government by notification in the omdal· g~etie" on all or 25 any of the goods mentioned in the first schedule to the central excises 'act as amended by this actor any 'subsequent central act, a regulatory duty of excise which shall not exceed 15 per cent of the value of the goods as determined in ~ccordance with the provisions of section 4 of the central ex~ses act: 30 provided that different dates and different rates may be specified by the central government for different ~nds of goods: (2) sub-section (1) shall cease to have effect after the 15th day of july, 1967, pxcept as respects things 'done or omitted to be done before such cesser; and section 60f the general clauses aet, 1897 35 shall apply upon' such cesser as if the saidsub-$ection had then been r~pealed by ,a central act (3) the duties of excise referred to iii sub-s~tion (1) in respect of the goods specified then!in shall be in addition to the duties of excise chargeable on such g~ under the central excises act or 40 any oth~ law for the time ~ m fqvc~ :andauoh ~ary dutiea shall be levied for purposes of the union and the proceeds thereof shall not be distributed among the states (4) the provisions of the central excises act and the rules made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collec-s tion of the regulatory duties of excise leviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods under that act or those rules (5) every notification issued under sub-section (1) sl;tall, as soon 10 as may be after it is issued, be placed before each house of parliament disconu-50 for the year beginning on the 1st day of april, 1966, no duty ~~l~n~~t~~ under t~ central excises act, or the tariff act shall be levied in respect of salt manufactured in, or imported into, india chapter vi miscellaneous51 (1) in the central sales tax act, 1956,-amendment of act 74 of 1956 '(a) in section 8, in sub-section (1) and in sub-section (za), for the words· "two per cent", 'wherever they occur, the words 20 "n:~ee p~r cent" shall be substituted; (b) in section 15, in clause (4), for the words "two per cent", the words "three per cent" shall be substituted (2) the amendments by sub-section (1) made ·in the central sales tax act, 1956 shall take effect on and from the 1st day of july, 2s 1966 52 in section 4a of the preference shares (regulation of divi-amendment of af't 63 of 196n d~nds) act, 1960, for the words "such deduction shall in no case exdeed twenty-five per cent of the stipulated dividend", the following words, figures, letters and brackets shall be substituted, namely: -30 "such deduction made by the company from any dividend declared after the 28th day of february, 1966 shall in no case ~eed twenty-seven and a half per cent of the aggregate of-(i) the stipulated dividend, and t~, (li) an amount equal to eleven per cent of the stipulated 35 ~', :~ :"; diyiaend', i'" speclbjed, in ·suj>tedion (3) of settlon; 3" 1 :l j ( : •• "'c --til section 32 of the unit trust of iindia act, 1963, in sub-sec- anlend-· ··(1), for clause (b) and the explanation, the following clause and ~~~t5ff of shall be substituted, namely: _ 19c3 , (b) where in the case of a unit-hol?er, being an individual, the income in respect of units received by him from the trust during the previous year does not exceed one thousand rupees, 81lch income, and where such income exceeds one thousand rupees, a sum of one thousand rupees, shall not be included in computing his total income of that year under the income-tax ,~ act, 1961 explanation-in this clause, "previous year" has the same meaning as in the income-tax act, 1961 ;' declaration under the provisional collection of taxes act, 1931it is hereby d,eclared that it is expedient in the public interest • , that the provisions of clauses 44, 46, 47 and 48 of this bill shall have n,i'~, • immediate effect under the provisional collection of taxes act, 1931 :i{> '\ ' f' the fmst schedule (see section 2) part i income-tax and surcharges on income-tax paragraph ain the case of every individual or hindu undivided family 01" unregistered firm or other association of persons or body of individuals, -whether incorporated or not, or every artificial juridical person referred to in· sub-cla\ise (vii) of clause (31) of section 2 of the incometax act, not being a case to which any other paragraph of this part applies,~ - rates of income-~(1) where the 1ot&1 income rioes not exceed its 5,000 5 per cent of the total income; rs 250 plus to per cent of, the amount by which the total income exceeds rs 5,000; 10 (2) where the total income exceeds rs 5,000 but does not exceed rs 10,000 (3) where the total income exceeds rs 10,000 but does not exceed rs 15,000 rs 750 plus 15 per cent of the amount by which the total income exceeds its 10,000; (4) where the total income exceeds rs 15,000 but does not exceed rs 20,000 rs 1500 plus 20 per cent of the amount by which the total 15 income exceeds rs 15,000; rs 2,500 plus 30 per cent of the amount by which the total income exceeds rs 20,000; (5) where the total income exceeds rs 20,000 but does not exceed rs 25,000 (6) where the total· income l'ltceeds rs 25,000 but does not exceed rs 4000' plus 40 per cent -of the 20 amount by which the total income exceeds ri 25,000; ~3000e' - 'i· (7) where the tot&1 income exceeds rs 30000 but· does· not exceed rs· 50,000 r& 6,000 plus 50 per cent of the amount by which the income exceeds rs 30,000; total 25 (8) where the total income exceeds rs 50,000 but does not exceed rs 70,000 rs 16,000 plus 60 per cent of the amount by which the total income exceeds rs 50,000; income exceeds amount by which the total 30 income exceeds rs 70,000: provided that for the purposes of this paragraph, in the case of a person, not being a non-resident-35 (i) no income-tax shall be payable on a total income exceeding the following limit, namely:-not (4) rs 6,500 in the case of every hindu undivided family which as at the end· of the previous year satisfies either of the following two conditions, namely:-(1) that it has at least two members entitled to ,~-~lli·~- ~;~ p~ition wh~ are not less th~ eighteen years' of 40 ~'' t, (, -~n' " ~' , , ~ , 'or ,, ~_~, _,' , ><: ~ (2) that it has at least two-members -entitled ·to claim partition who are not lineally descended one from the other and who are not lineally' descended from any other living member of the family; (b) rs 3,500 in every other case; _ (ii) where such person is an individual or a hindu undivid-1' ed family, the income-tax computed at the rate hereinbefore specified shall be reduced by so much of the amount specified hereunder, as does not exceed the amount of income-tax 80 com-puted:-(a) rs 125 in the case of an unmarried individual; (b) rs 200 in tj1e caseqf,a married 'ndivl~ual who has no child m8lnly dependent' oil' him or' hindu undivided family which ba!! do minor coparcener; (c) rs, 220 in the case of a married individual who has one child mainly dependent on hun or a pundu undivided family which has one minor coparcener mainly supported from the income of such family; (d) rs 240 in the case of a married fntiividual who has more than cme child mainly dependent on him nr a hindu undivided" family which has more - than one minor coparcener mainlv supported from the income of such family; (iii) where the total income is twenty thousand rupees' _qr ;;:~ less, the income-tax payable shall not excee~ forty per cent of '~ the amount by which the total income exceeds the limit sp~cifi-s ed in sub-clause (a) or, as the ease may be, sub-clauje (b), of ;~0t'~ clause (i) oft~is proviso _ ,~; t :~,,::--~~ ;'$'$" ;'/' surcharges on income-tax~ :,{i' the a~o~n~ of int!0me-~ computed in accordan~e with the pre-';~_ ceding provisions of this '~ph shall be i~ ~ by the aggre-lico gate of surcharges for purposes of the union calculated a5 specified her8lhlder: -(4) where--(i) in· the case of an individual or a hindu undivided family, the amount of unearned income, not being income by way of interest on any security of the central or state gov-5 ernment or income received in respect of units from the unit trust of india, established under the unit trust of india act, 1963, included in the total income, or (ji) in any other case, the amount of unearned income included in the total income, 10 exceeds rs 15,000, a surcharge calculated on the difference between the amount of income-tax computed in respect of the income referred to in subclause (i) or, as the case may be, sub-clause (ii), if such income had been the total income and the amount of income-tax computed in j 5 respect of an income of rs 15,000 if it had been the total income, at the following rate, nlmely:-(1) whe~e the amouj;lt of the difference does not exceed rs 14,500 20 per cent of the amount of such difference; 20 rs 2,900 plus 25 per cent of the amount by which the difference' aforesaid exceeds rs 14,500; (2) where the amount of the difference exceeds rs 14,500 (b) where-(i) in the ca~~ of an individual or a hindu undivided 25 family, the eaxved income and income by way of interest on any security of: the central or state government and income received in respect of units from the unit trust of india, e~tal>hsh~d under the unit trust of india act, 1963, included in the total income, or 30 (ii) in any other case, the earned income included in the total income, excecl!s rs 1 lakh, a !ui'charge calculated on the amount of the difference between the inco}lle-tax coillpnted in, res~ect qf tl1~ inc,orne referred t9 in sub- 35 clause (i) or, as, the case may b~, ,sub-claus~ (ii) , if such income had been ute total incom~ and the income-tax corpputect in respect of a total income of rs 1 lakh, at the following rate, n~ely':-5 per cent of the amount of :mch di1fen!nce; 40 rs 3,250 plus 10 per cent of the amount blr wlliqq the dl1!erence afo~~ ex~ ~ ~,,ooq; - 0 (1) where the amount of the di1ference does not exceed rs 65,000 (2) where the amount of the ~ence ex~ its 85,,000 lm,t ~qej ~t exc;eed rs 1,30,000 (b) a special surcharge calculated at the rate of ten per cent on the aggregate of the following amounts, namely:-(i) the amount of income-tax computed at the rate hereinbefore specified; and (ii) the amount of the surcharge calculated in accordance with clause (a) of this sub-paragraph paragraph cin the case of every registered firm,- rates of income-taxnil; (1) where the total income aoes not exceed rs 25,000 6 per cent of the amount by which the total income exceeds rs 25,000; (2) where the total income exceeds rs 25,000 but does not exceed rs 50,000 (3) where the total income exceeds rs 50000 but does nr;t exceed rs 1,00,000 rs 1,300 pltt! 8 per cent of the amount by which the total income exceeds rs 50,000; (4) where the total income exceeds rs 1,00,000 rs 5,500 plus 12 per cent of the amount by which the total income exceeds rs 100000 surcharges on income-taxthe amount of income-tax computed at the rate hereinbefore specified shall be increased by the aggregate of surcharges for purposes of the union calculated as specified hereunder:-(a) in the case of a registered firm whose total income' includes income derived from a profession carried on by it and the income so included is not less than fifty-one per cent of such total income, a surcharge calculated at the rate of ten per cent of the amount of income-tax computed at the rate hereinbefore specified; (b) _ in the case of any other registered firm, a surcharge: calculated at the rate of twenty per cent of the amount of income-tax computed at the rate hereinbefore specified; and (c) a special surcharge calculated at the rate of ten per -j cent on the aggregate of the following amounts, namely:-(i) the amount of income-tax computed at the rate ~ hereinbefore specified; and (ii) the amount of the surcharge calculated in accord-~ce with clause (a), or, as the case may be, clause (b) of) this sub-paragrph ' paragraph d ease of every local authority,-rate of income-tax , the whole of the total income 45 per cent surcharges on income-tax amount of income-tax computed at the rate hereinbefore w!u1ec1 shall be increased by the aggregate of surcharges for pur· of the union calculated as specified hereunder:-(a) a surcharge calculated at the rate of ten per cent of the amount of income-tax computed at the rate hereinbefore speci-~ ~, and " 1 ·;::~ui:} (b) a special surcharge calculated at the rate of ten per on the aggregate of the following amounts, namely:-(i) the amount of income-tax computed at the rate hereinbefore specified; and (ii) the amount of the surcharge calculated in accordance with clause (a) of this sub-paragraph paragraph ethe case of the life insurance corporation of india established the life insurance corporation act, 1956,- rates of income-tax52 5 per cent; ~on that part of its total income _"""n consists of profits and gains life insurance business it any, of the the rate of income-tax applicable in accordance with paragraph f of this part to the telal income of a domestic company which is a company in which the public are substantially interestf"d paragraph fthe case of a company, other than the life insurance corpora-:~ of india established under the life insurance corporation act, rate~ of income-tax in the case of a domestic company- (a) (1) where the company is a company in which the public are substantially intere;led,-(i) in a case where the 45 per cent of the tqtal ineome; total income doee not exceed ri 25,000 total income exceeds a company in which the public are substantially interested,-' (i) in the case of an in-, dustrial ('ompany-(l) on so much of the 55 per t cen ; total income as does not ex~eed rs 10,00,000 (2) on the balance, if 65 per cent; any, of the total income (ii) in any other case 65 per cent of the total income; and (b) in addition, where the company is-(i) a company in which the public are substantially interested, or (ii) a company as is referred to in clause (iii) of subsection (2) or cl::use (a) or clause (b) of subsection (4) of section 104 of ~he income-tax act, or (iii) such a company as is exempt from the operation of section 104 of the said act by a notification issued under the provisions of sub-section (3) of that section,-| qn | so much of | the ||--------------|---------------|-----------|| come as does | | || not | exceed the | || relevant | | || amount | of distribu- | || tions | of | dividends || b,v | | || the | | || company | | |provided that the income-tax payable by a domestic company, being a company in which the public are substantially interested, the total income of which exceeds rs 25,000, shall not exceed the aggre- 45 gate of-(a) the income-tax which would have been payable by the company if its total income had been rs 25,000 (the income of rs 25,000 for this purpose being computed as if such income included income from various sources in the same proportion as 50 th~ tota~ income of the company); and (b) 80 per cent of the amount by which its· total income ~'iii!aijofj 1--in clause (b), theexpressi9n "the relevant dt8tributions of dividends" means the aggregate of the amounts, namely:-- (a) the amount of dividends, other than dividends on pre-'r shares, declared or distributed by the company during revious year relevant to the assessment year commencing ~e 1st day of april, 1964, or the 1st day of april, 1965, with reference to which the amount of the rebate arrived at under the ,:<trst proviso to paragraph d of part ii of the first schedu~e to ': ' the finance act, 1964 or, as the case may be, the first proviso to ' ·::;~;~'~~\'paragraph f of part i of the first schedule to the finance act, :{:~~~~"nb\'1965 is required to be reduced under the second proviso to the '"y,:,,'pid paragraph d or, as the case may bel the second proviso to :',;-;};:~ the said paragraph f, as diminished by so much of the amount m~:~~,of dividends aforesaid with reference to which the rebate 1 ';y~;)~;~·:~r!,ed to hereinabove is reduced under the second proviso to ::;';ti':~(w,the said paragraph d or the second proviso to the said para-~ :}} ~ ";m-s:lph f; and :_ "~,~"', i d a-:~~a~l;::': (b) so much of the amount of the dividends, other than ~~'l:;'~~; dividends on preference shares, declared ot distributed by the j}~~; ~orhpany during the previous year as exceeds ten per cent of its r:-~~l paid-up equity share capital as on the 1st day of the previous '""" ''',)1/' yj ' ~,~i;;- \~,~ ' j ecu ;'i,:<expzanation 2-for the purposes of clause (b), where a part of <fthe income of a company is not included in its total income because tlt1ls ,~tjcultural income, the amount declared or distributed as ', ,~'f·l·l ",/~ylaends (other than dividends on preference shares) shall be :;)':deemed to be such proportion thereof as the sum specified in 'clause ;"'{(~} bears to the sum specified in clause (b), such sums being+-,~, )-! ' - :0\ (a) the average amount of the total income of the company ; ,':s;,'";;, "~~,,v of the five previous years in which it has been in receipt of tax- , able income immediately preceding the relevant previous year; and (b) the average amount of the total profits and gains (ex-s eluding capital receipts) of the company of the five previou~ ,i years referred to in clause (a) reduced by such allowances as , , may be admissible under the income-tax act but which have i"" dot been taken into account by the company in its profit and "; :':'d1 loss accounts for the said five previous years ) explanation 3-for the removal of doubts, it is hereby declared fhit where any dividends were declared by the cofupany before the conunencement of the previous year and are distributed by it during that year, the amount of such dividends shall not be inductect in the amount, of dividends referred to in clause (q) of explanation 1 - ii in the case of a company other than a domestic company:- (i) on so much of the total income as consists of-(a) royalties received from an indian floocern in pursuance of an agreement made by it with the indian concern after the 31st day of march 1901 or (b) fees for rendering technical services rereived from an indian concern in pursuance of an agreement made by it with the indian concern after the 29th day of february, 1964 either case, been approved by the central government (li) on the balance, if any of the tota 1 income part itrates for deduction of tax at source in certain cases in every case in which under the provisions of sections 193 to 195 of the income-tax act, tax is to be deducted at the rates in force, deduction shall be made from the income subject to deduction, at the following rates:-_---------- --------30 i i income-tax rateo! rate of income-tax surcharge 18 per cent 4 per, cent; 351 1 in the case of a person other than - company-(a) where the person is resident, on the whole income (excluding interest payable on a tax free security) (b) where the person is not resident in india-(i) on the whole income (excluding interest payable on a tax free security) | income-tax | at ||---------------|-------|| 25 | || per | cent || and | || surcharge | at || 8 | || per | || cent | || of | the || amount | of || or | || income-tax | and || 4s | || come-tax | || in | || respect | of || the | || in- | || come | || at | the || rates | || prescribed | in || paragraph | a || this | || schedule, | || if | || such income | had || been | || the | || total | || income, | || 50 | || whichever | || is | || higher; | || 12·5 | || per | || cent | || 4 | || per | || cenl | |(i0 on the income by way of interest payable on a tax ,;;: i free security rate of income-tax &ate of lu1'cllarie 22 per cent nil ····where the company is not a c1cjim8tic company-15 per cent nil 25 per cent nil 'i~'~~i:iiio:;l:· (0 on the income by way of dividends payable by an indian company as is referred to in the proviso to section 85a of the income-tax act (h) on the income by way of dividends payable by any domestic company other ! ",;- 50 per cent nil ,r; than a company referred to ' in (i) hereinabove :)' uio on the income by way of royalties payable by an in- ; i' dian concern in pursuance of i~'i0~' :thagr~~e~di~dec::~ ,~~",;wty· after the 31st day of march ·~:~~;r·' 1961, and which has been j;!;:~: approved by the central ;," government >"':';';'" ~)1r; (iv) on the income by way of 50 per cent nil ~tr~; \1 ~ct!:::t;::e r~~d::lng ~~ ,), nieal services in pursuance ·s· '~:': of an agreement made by it ~ with the indian concern nil 44 per cent '~;~i' i ~~ ~~6~th ~~y ;fn~eb~~ ':!!i·· been approved by the central government (11) on the income by way of interest payable on a tax free security (vi) on any other income nil '10 per cent (see section 3) rates of annuity deposits| nil | 5 ||---------------------------------|----------|| ti) | || in | the || whose total income does not ex- | || ceed rs | || 15,000 | || 5 | || pet | cent of || total ihcome: ' | || 10 | || (ii) | || in | the || whose total incomfi | exceeds || rs | || 15,000 | || but | does || rs | || 20,000 | |provided that the annuity deposit to be made shall in no case exceed half the amount by which the total income exceeds rs 15,000 7l per cent of the adjusted total income: (iii) in the case of a depositor whose total income exceeds rs 20,000 but does not exceed rs 40,000 provided that the annuity deposit to be made shall in no case exceed the aggregate of the following sums, namely:-(a) an amount calculated at five per cent on so much of the adjusted total income as does not exceed rs 20,000; 20 ex-(b) one-half of the amount by which the total inc!ome ceeds rs 20,000 10 per cent of the adjusted total income: (iv) in the case of a depositor whose total income exceeds rs 40,000 but does not exceed rs 70,000 provided that the annuity deposit to be made shall in no case 25 exceed the aggregate of the following sums, namely:-(a) an amount calculated at seven and a half per cent on so much of the adjusted total income as does not exceed rs 40,000; (b) one-half of the amount by which the total income ex- 30 ceeds rs 40,000 - (v) in the case of a depositor whose total income exceeds rs 70,000 12i per cent of the adjusted total income: ~1p1(llea that the annuity deposit to be macfe shall in no case the aggregate of the following sums, namely:-(a) an amount calculated at ten per cent on so much of the ~djusted total income as does not exceed rs 70,000; , " ~;"!' :""~'~'~: (b) one-half of the amount by which the total income exceeds rs 70,000 ~!jii!iilj'i ',, ',/'1';1' , j" ~-,"~~"'',~,\ ' ,:'>''1;'" explanation-in this schedule "total income" means total in-'eorne computed in the manner laid down in the income-tax act with-, out making any allowance under section 2800 uf that act , r sra'tement of objects ann reasons·the object of this bill is to give effect to the financial proposals of the cent ral government for the financial year 1966-67 and to provide for certa·in connected matters opportunity has been taken to simplify and rationalise the provisions of the income-tax act and other enactments with respect to direct taxes the notes on clauses explain the various provisions contained in the bill new delhi; sachindra chaudhurl the 28th february, 1966 j president's recommendation under articles 117 and 274 of the constitiition of india --[copy of letter no f 3 (14)-bj66, dated the 28th february, 1966 from shri sachindra chaudhuri, minister of finance to the secretary, lok sabha] _ the president having been informed of the subject matter of the proposed bill, recommends under article 117(1) and (3) read with article 274 (1) of the constitution of india, the introduction of the finance bill, 1966 to the lok sabha and also recommends to the lok sabha the consideration of the bill 2 prescribes the rates of income-tax and, in the case of uifift'lim'8te assessees, the rates of surcharges on income-tax, for lilj_essipe,nt year 1966-67 in respect of income other than capital it also prescribes the rates at which income-tax and sur-}~ila q~ on income-tax are to be deducted at source from interest on dividends and other income during the financial year ~""51~}jid the rate schedules of income-tax for individuals, hindu ':,::i,~vided families, unregistered firms and associations of persons, ,;'i~~ eo-operative societies and registered firms, the income slabs and ~:ci':'5~"rates of income-tax are the same' as in the corresponding rate :",)\)}'jeheduies in the finance act, 1965 in the case of local authorities ',';r:,,~~ the'rate of income-tax is the same as prescribed in the said act ',' ", ;<11f~t::'·f! "'i';:,:~! the existing limits of total income not chargeable to income-tax , :t'have, however, been increased, from rs 6,000 to rs 6,500, in the case ,of hindu undivided families satisfying certain conditions, and ,{'~trom rs 3,000 to rs 3,500 in the case of others further, in the case of '<}:~::~ident individuals and hindu undivided families, the amount of ",~"tax relief (which is calculated at the rate of 5 per cent on certain - '>~~ - , - ,:,:'\:~ounts of personal allowances) has been increased by rs ~5 in ::each case', as compared to the tax relief available under the finance "';,{:,'act, 1965 '~,~t:' : , the rates of surcharges on the tax on earned and unearned in-",:','~'t'eomes, as well as the surcharges on the tax payable by registered ,t;;~';1iftrms and local authorities, are the same as in the finance act, 1965 ),,:~"~~,gowever, the bill provides for the levy of a special surcharqe for ,:";" purposes of the union at the rate of 10 per cent of the aggregate amount of the income-tax and the above-mentioned surcharges, " in the case of the life insurance corporation of india, the rate ,of income-tax on its profits and gains from life insurance business ",has been increased by 5 per cent, ie from 47·5 per cent under thp "finance act, 1965, to 52·~ per cent the rate of income-tax appli cable to the other income of the life insurance' corporation of india will be the same as the rate of income-tax applicable to the total ~come of a domestic company in which the public are substantially mte'rested in the case of companies, the rate schedule and the tax mechanics have been completely recast and simplified under the finance act, 1965 the effective rate of income-tax was arrived at by first calculating the tax on the total income of the company at the gross rate of 80 per cent then computing the amount of rebates of incometax admissible to the company at various rates applicable to different classes of companies and to different kinds of income included in the total income, and thereafter, in the case of certain domestic companies by reducin{! the amount of the rebate so computed by the sum calculated at the specified rates on the amount of bonus issue$ of the company or the amount of dividends declared or distributed by it on its equity capital, and finally by deducting the net amount of rebate so arrived at from the amount of gross tax calculated in the first instance unde~ the' proposed rate schedule, the actual ~ates of income-tax in the case of various clas~es ot companies have been set out directly without any provision for rebates or reduction in rebate the rates of income-tax for various classes of· companie~ have, however, been increased by 5 per cent of the total income, in each case, over the correspondin~ rates in force fol' the assessment year 1965-66, except in the case of domestic companies in which the public are ~ubstantianv interested with total income not exceedin~ rs 25000 in the case of the last-mentioned clas! ofcompan1e~ the rate of income-tax has been increased from 42·5 per cent under the finance act 1965 by 2'5 per cent to 45 per cent the rate of incometax on royalties and technical service fees received by forei~ companies under certain approved aweements~ however remain~ unchan~ed at qo per cent in the case of domestic comoanje~ (ie, indian companies and foreign companies which have made the presrribed arrangements for declaration and payment of dividends within india) other than companies whicn are required under s~ction 104 of the income-tax act to distribute a s~ifled percenta~e (>f their distributable income bv wav of dividends, it is proposed to levy income-tax at th~ existing rate of: 7·5 per cent of the- amount of equity dividends declared or distributed during th~ previous year onlv on that portion of the distribution which exceeds 10 per cent of the paid-up equity capital as on the first day of the previous year under the financ'e act 1965 guch tax was leviable on the whole of the equitv dividend npclared or distributed durin!! th p previo1:1s :year, except in the case of a company which had declared its malden divide~d during the relevant previous year or anyone of, the four immediately preceding previous years the bill does not make any provision for the levy of an extra amo11nt of tax on companies wi reference to the amount of bonus dr' the amount of al'\y bonus i$slled by them to their equity during the pre'vious year ;provisions of the fin~ce act, 1965, w~ereunder ~ertain 'alellle companies were entitled to a rebate of mcome-ul?' in res-•• of their 'profits and gains attributable to the business of gener-",: , or distribution of electricity or any other form of power or of ~::;,\t~~ction, manufact~re or production of ally one or more o~ the ~~;jt;, fted article~ or thmgs, have been replaced by a new provjslon }>§"'~poaed to be mtroducedld the income-tal' act by clause 15 of the "~:bfll,' for 8 straight deduction of 8 per cent of the amount of such :',~~ts and gains in computing the total income :~";:f"i, ~'l'hebasis and quantum of tax rebates in relation to exports for ' ,:~;l!ae 'assessment year 1966-67 are the same as for the assessment year ·":,,ua (}i)~~u ;'ifi~~czatlse 3 prescribes the rates at which annui~y de~osits in respect '"':;'i;;l~~,e ass,essment year ~96~-67 an~ adv~nce annuity depo~lts f~r the $~cial year 1966-67 will be required to be made by mdivlduals, :','r~1' - ' '<~1nndu undivided families, unregistered firms, associations of per-:',,'k, t~}t;:fons, etc, under the provisions of chapter xxiia of the income-tax ;(::~~~~ these rq~s are the s<!m~ as under the finance act, 1965 f~~'tlclause 4 (a) seeks to amend clause (18) of section 2 of the income-,' ,;,~,-:-<{:<:iu act the amendment sought to be made by su,b-dause (a) (0 "~'1¥ia~purely of a drafting nature under the amendment seught to be ?~·f - ·,,~~deby sub-clause (a)(u), the cond~tions specified in section ~18)(b) :'i';~ ,:the income-tax act for qualifymg as a company in whlch the ie:~~ublic are substantially inte~ted will be relaxed in the case of ;"{~ jndia,z:l compmy who~e business consists mainlu in the construc-:1" ~n of ships or in the ml!nuhcture or process\ng of goods or in mining i'~~jjp,tb~ gen~:ratiol) or di$tribution ot e1egtricity; or any other form of -~ ':~~;"1er: h\therto, -this relaxation ,:",as allow ed 0111y in the c:~se of an ~ , an· cqplpany wholly ~ngagedinmanufacture or proc~ing, of \':ipp~ ox' ip milling or in the generation or distribution of electricity "'-:~p any other form of power - {~(·clau$e 4(b') seeks to amend clause (22) of section 2 of the income-"tu-,act this amendment is· co:t\sequ~ntial to the rlllendment pro-josm to be made in section 45 of the ipcome·tax ad by clause 13 of ~ bill--; ''"" ~~ <: ~~' clause 4 (c) seek~ to amend clause (42a) of section \2 'of the 1'n:ome-tax act the effect of the' amendmen~ will be t~at capital ' gains arising from the transfer of a bank certificate ob'tained by a ,·person from an authorised dealer in foreign exchange in evidence of , ~ttarice of money to india from abroad in aceordance witb' the foreign exchange regulation act, 1947, or the rules made thereunder during the period from the 26th october, 1965 to the 28th february, 1966 (or such extended period as may be notified by the central government) will, in no circumstarlces, be treated as capita] gains arising from the transfer of a short-term capital asset such capital gains will be chargeable to tax in the same manner as capital gains arising from the transfer of a long-term capital asset clause 5 seeks t~ substitute for existing sub-clause (ii) of clause (b) of section 13 of the income-tax act a new sub-clause the effect of the proposed new sub-clause is to 'widen a little the scope of the present sub-clause (ii) so that the income of a trust for charitable purposes or a charitable institution wiulose the benefit of exemption from income-tax provided under section 11 of the act if any part of its income or any of its property enures or is during the previous year used or applied directly or indirectly for the benefit of the author or founder of the trust or the institution or any person who has made a substantial contribution to such trust or institution or any relative of such author, founder or person clause 6 seeks to amend section 32 of the income-tax actthe effect of the amendment proposed to be made by sub-clause (a) will be that in respect of any machinery or plant, the actual cost whereof does not exceed rs 750, acquired by the assessee for the purposes of the business or profession, the full amount of the actual cost of such machinery or plant would be allowed as a deduction by way of depreciation in the year in which such machinery or plant is acquired the amendment proposed to be made by sub-clause (b) is consequential to the amendment sought to be made in section 43 of the income-tax act by clause 12 of the bill the effect of this amendment will be tha where, for the purposes of allowing a deduction by way of depreciation, the excess of the actual cost, of a motor car over rs 25,000 is ignored in accordance with the proviso to clause (1) of section 43 of the income-tax act (proposed to be inserted by clause 12 of the bill), then, in computing the amount of the terininal charge or terminal allowance on the sale, discard, etc, of such motor car, the "moneys payable" in respect thereof shall be taken to be such proportion of the sale proceeds, compensation, etc, as the amount of rs 25,000 bears to the actual cost of the motor car as computed before applying' the said proviso to clause (1) of section 43 the' etrect of the amendment proposed to be made by sub-elause '(e) win- be' that 'in computing the profits and gain! of a busflless the assessee, a deduction by way of initial depreciation in respect of buildings newly erected by the which are used as residence or as a hospital, etc by his employees whose income chargeable ~gt'~"~'ib: ehead "salaries" is rs 7,500 or less at present, this allow- triade only in respect of residential houses or hospital,' creche, ~~;; ,-etc, erected for the use of ~mploye88 drawing 8 ~di_~tjlon not exceeding rs 200 per mensem ),"r!f4tith', seeks to amend the explanatioft to wb-section (3) of ~cm ss of the income-tax act the effect of the amendment will "l~t~e benefit of the, continuance of entitlement to d~v,elopment '~te in respect of machinery or plant installed by a subsldiary com-~~,the hands of its holding company, under sub-section (3) of ~~~q on ,j3 will be availa~ie (subject to thefulfilmen~ of the other ~tlqna specified in this behalf) where the subsidiary company ~~~:~;wbolly owned subsidiar:, is merged in its hol~g company, ;,rteapective of whether the subsidlary company is an indian company " -'" -, -, : +,1 ~~t ; t~bi4~'e'8 seeks to amend section ~3a (1f the income-tax act, rl!lat-1il"loaeduction by way of development allowance at specified per-::-rm'tages of the actual cost of planting of tea bushe- :,::~:~~ , ""1-~~' i:'~ , '~,!j ,,ipub-clause (a) (i) seeks to increase the development allow-jmce ,for planting of tea bushes in new arlwl from the existing :{i,!'qwmtum of 40 per cent to 50 per cent of the actual cost f ,::\,p~pting :;,;:,~:vi sub-clause (a) (ii) seeks to increase the quantum of the :",taevelopment ahowance for replanting teabushe! in areas already <','!under plantation from' the existing quantum of ~ per eent ts '/~r:~o' !per' cent of the actual cost of planting sub-clause (a) (iii) seeks to make a provision for the deduc-xl'iltion of the development allowance in two stages, in·replacement i :)"of the existing provision under which such deduction is allowed ~,') in the fourth accounting year reckoned from the accounting year 'i-,;in which the land is prepared for planting or replanting, as the ,)~ ~se may be under the proposed provision, development allow-'irl,julce will, in the first instance, be computed with reference te hi,ithat portion of the actual cost of planting which is incurred in :y,,{ -the accounting year in which the land is prepared for plantin~ or replanting, as the case may be, and in the accounting year " ~ext following, and the amount so computed will be allowed ~ ;;,l deduction in respect of such accounting year next fonowin~ the' cfliei6pmerif all<>warice will again be computed at the end oc file four-year ~'rim with ren!rence to the actual cost of plantmi,' ana if the' auoalice so computed exc~s the allowance alteady deducted in respect of the second year, as stated above, the sriiourif of- the' excess will be ahowed as a deduction in respect of tlie fourth' accounting year reckoned from the year in which 'tft~ ltititi ~'prepared for planting or replanting, as the case may be ' sub--elnme (b) seeks to make two consequential amendments: by iub-see1:fon (2) of ~@ction 33a ciause, 9> $eeks iff amend section 34 of the income-fax' act th~ effect or flilir anu!ndih~rit wiii be that in regpect of a 'sliip acqtiited lsy flleissessee after thif 2gth february, 1966, the quantum of develop; merit reoate r~serve required to be created by hiiri lmder the' pro-visions of s'eclf6n ~f(3) (a) of the income-tax act wul be reduced ftom75"per cent' of tne amount of development rebate actli'ally al1owea, to 50 per cent thereof clause 10 seeks to insert a new section 35a in the income-tax act sttb--section- ('l} of the proposed section 35a seeks' to provide that any' ~a1!)ital- expenmmre incurred" by an' asses'lee after the 28th february, 1966 on the acquisition of patent rights or copyi'igiits '(hereinafter referred to as rights) used for the pur-po~ of the' business: win' be allowed as a deducflon in equal insfalmenfs' over a period of 14 years or 14 years as reduced ·by the number of complete years comprised in the period which has e~ired since th"e commencement of the said' rights and before tbeir aequisitiotl by the assessee whichever of the two periods is shorter;' where a' full period ('if 14 years had expired before such acquisition, the entire cost of acquisition will be ahowed in one instalment sub-$ictim&· (2) provides that wl1~(!' l)efore the' end of any otthe relevant previous' years for' which tr€ allowance' is to be made the tights come to an' end without m!lng subsequently revived or where'the wessee' sells fhe~ whol~ or any part of tne rights for an amount which i!i not b!ss" thin th~ capital eost remaining unatiowed, n6 al1~wance umler su~-~etit)n (1) will be granted in resp~t of tlie ptlev;ous yeiir ijf vthi~h·tbe rights come to an end or, as tne ca~ may be, ,are' fold :,' st&i);~~cr~ (3), pi"ovides that where the rights come to rn ,·:'iii,wl~oul~8 '~~uentlj revived or are sold' in tbe~ j ~,_'v and the proceeds of the sale ate less than the cost of thereof remaining unallowed~ then the cost, so re-:jdllljdlilt; unallowed or, as the case may be, such cost as reduced ~~~'iiiv' the sale proceeds, will be allowed as a deduction in, full in '~k(ii!;ntjta' previous year in which the rights come to an end or, as the' 'may be, are sold ,,sub-section (4) provides ~hat where the rights or any pari ~:::i,iijii~!oi are sold and the capital sum received on the sale exceeds ~;!;'~':uliv cost of the rights remaining unallowed, the excess, to the ~~_:wlt of the amount already allowed, will be charged as the profits of the previous year in which the rights are -,f" , sub-section (5) provides that where only a part of the rights sold for an amount which is less than the capital cost remain-, unallowed the amount of the allowance to be made und~r (1) in respect of the previous year in which such takes place and subsequent previous years will be recomput- the recomputation will be made by reducing the capital remaining unallowed by the sale proceeds, and the balance be allowed in equal instalments for the relevant previous and subsequent previous years 11 seeks to amend section 36 of the income-tax act the :of this amendment will be that in the case of an approved l~cial corporation engaged in providing long-term finance for ~tlstrial development in india, whose paid-up share capital doe!' 19~rtxeeed rs 3 crores, the limit up to which a dedllction is allowed ~mputing its total income in respect of the amount carried' by l\:~orporation to a special reserve account, will be increased from ~~existing quantum of 10 per cent of the total income to 25 per :~tt thereof --'i t"""', ~~ ::" clause 12 seeks to amend clause (1) of section 43 of the income-~,act the effect of the proposed amendment will be that in ~ect of any motor car acquired by an assessee after the 28th i"ebruary, 1966 for more than rs 25~ooo, no depredation allowance rill'· be admissible on the cost in excess of such amount, in computing he profits and gains of any business or profession ::- tlause 13 seeks to omit sub-sections (2) to (4) of section 45 of lj~, ,income-tax act relating to the charge of tax on capital gains 'epfesented by the fair market value of bonus shares allotted to an' ~uitl shareholder pf a company, in certain circumst~nce5 claw, 14 seeks to amend section 55 of the income-tax act the amendment is consequential to the amendment of section 45 of the income-tax act by clause 13 of the bill clawe 15 (b) seeks to amend section 80a of the income-tax act the effect of" this amendment will be that a contract for a deferred anduity on the life of the assessee or on the life of the wife or husbarid of the assessee which contains a provision for the exercise, by the insured, of a cash option in lieu of an annuity will also be regarded as a contract for a deferred annuity on the life of the assessee, etc, for the purposes of section 80a ¢za!l!e 15 (c) s~ks to introduce a new section 80e in the incometax act the effect of the proposed new section will be that in computing the total income of an indian company or any other company , ' which has made t~ prescribed arrangements for the declaration and payment of dividends within india! a deduction will be allowed of a lum equal to eight per cent of the amount of profits and gains attributable to the business of generation or distribution of electricity or any other form of power or of constructiotj, manufacture or production of anyone or more of the articles or things specified in the list in the fifth schedule included in its total income as computed under the other provisions of the income-tax act this deduction is not available in the case of a company in which the public are sub-itantially interested and whose total income (as computed without applying the provisions of this section) does not exct'ed rs 25,000, the rate of income-tax in the case of such companies being 45 per cent as against the rate of 55 per cent applicable in ' the case of other companies the deduction under this lectiod is in replacement of the rebate of tax allowed to such companies in respect of their profits and gains from the aforesaid activiti~ under the provisions of the finance act, 1965 clause 16 seeks to amend section 85a of the income-tax act the amendment proposed to 'be made by sub-clause (a) (£) is of a vlerbal nature the amendments proposed to be made by sub-clause (a) (ii) and sub-clause (b) are consequ,ential to the amendments proposed to be made by clause 43 of the bill clause 17 seeks to insert two new s!ections, 85 band 85 c in the ineome-tax act i section 85b is in~nded to secure that income by way of dividends received by an indian company from a foreign company which has n~;\ ~~~, ;the pr~~crtbeq a~anbemen~ for declprpti(m ~d payment ' ~_}:~ : ! ,:~: ',,' ,- ':{ f __ h ':j' - : ~ • in india, on shares in the foreign company allotted to it of the supply of technical "know-how" or technical ' the foreign company in pursuance of an agreement :bv the central goveriilllent in this behalf before the 1st 'ihe relevant assessment year, will bear income-tax at th~ per cent only section 85c seeks to provide that income by way of commission, fees or similar payment received by an indiall from a foreign company which has not made the prescribed rements for declaration and payment of dividends in india, in on of the supply of technical "know-how" or technical iterthe foreign company in pursuance of an agreement approved central government in this behalf before the 1st october of assessment year, will bear income-tax at the rate of 25 ~'_'r'il"':'&u only 18 seeks to amend section 86a of the income-tax act th ~;>':'~''~"''~'o, 6·-f· this ~mendment will be that the limit up to which rebate of "~~lcome-tax can be allowed in respect of income from interest on ',~ties issued income-tax free by the central government or by ~':~nystate government on which income-tax is payable by the state tj()",ernment, will be raised from the existing quantum of 25 per cent "(if:'$uch income to 27·5 per cent thereof this a'mendment is conse- :~~~ntial to t~ proposed levy of a special surcharge at 10 per cent of ' the tax and surcharge payable by non-corporate assessees and the ··':pft,posed increase in the rates of income-tax applicable to various ,classes of companies , ~:~r~;,'~ " - clause 19 seeks to amend section 88 of the income-tax act the j~ect of this amendment will be that the limit up to which rebate of ~;zi~come-t3x can be allowed in respect of donations made by a com-:ilpany to the national defence fund, the jawaharlal nehru memorial '/:~fund, charitable institutions, etc" will be raised from the existine (~1qtjantum of 25 per cent of such donations to 27·5 per cent thereof :~is amendment is consequential to the proposed increase in the <itates of income-tax applicable to various classes of companies , ~: ~ j ~, /' i clause 20 seeks to amend sectiur 104 of the income-tax act ;f:: , sub-clause (a) -the amendments proposed to be made by this sub-clause are consequential to the amendments propos~d to be made by clause 21 of the bill in iection 109 of the income-tax act suh-claust! (b)-the effect of the am,endment proposed to he made by sub-clause(b) (i) ~ill be that the ~emption from the - j jt'equ!rement of compulsory distribution of dividends up to the 'statutory percentage available, intet alia, to indian companies wholly or mainly engaged in manufacturing activities, etc, will be extended to indian companies mainly engaged in the business of construction of ships the omission of the words "wholly'or" occurringin the existing section 104 (4) (a) is in the nature of a verbal amendment sub-clause (b) (ii) seeks to insert a ,new sub-clause (c) in section 104 (4) of the income-tax act to provide that the requirement of compulsory distribution of divi· dends up to the statutory percentage will not apply in the 'case of " ' a company which is neither an indian company nor a company which has made the prescribed arrangements for the declaration and 'payment of dividends within india the amendment proposed to be made by sub-clause (b) (iii) is consequential to the amendment proposed to be made by sub-clause (b) (i) of this clause clause 21 seeks to amend section 109 of the income-tax act sub-clause (a) seeks to introduce two new sub-clauses, namely, sub-clause (g) and sub-clause (h) in clause (i) of that section the effect of the new sub-clause (g) will b~ to secure 'tliat the "distr:ibutable income", of a company will be computed by deducting from the total income, inter alia, any expenditure actually incurred for the purposes of the business, but disallowed in computing the i~come chargeable under the head "profits and gains of business or profession", being a bonus or gratuity paid to an employee, legal charges, any such expenditure as is referred to in, section 40 (c) of the income-tax act and any expenditure claimed as a revenue expenditure but not allowed to be d~ducted , '" asr:such, and not resulting in the creation of an asset or enhance-lme~t in th~ value of an existing asset the effect· of the propbsed sub-clause (h) will be to similarly secure a deduction in respect of any expenditure wholly and exclusively incurred for the purpose of making or earning any income included in the total income (other than income chargeable under the head "profits and gains of business or profession") but disallowed in computfig -sueh income, and not resulting in the creation of an asset or i enhancement in the value of an existing asset , i sub-clause (b) seeks to substitute the definition of the term i '''investment company" to secure that a company will be re- 1 garded as an investment company if its total income consists ~~;"\')loahl)])f\o~income which, if it had been the income of an indivi-,n ·rpaj,rwq~~~ "prded u· uneamed:meome ~~-~"~~ ',: \: \ '~"':'(~~<~'_j it ", '" '_ 8ubclause (c) -tbe amendment pr9poie9 w qe ~e by 5ub-clause is purely of a drafting n~turesub-clause (d) seeb toliiubstitute sub-clause (iii) (3) of ' eecti~n 109 of the income-tax act the effect of the proposed ,;' " ~e~dment will be that in the case of indian companies which 'are only partly (as distinct from mainly) engaged in manufac-<~\~(~'~~~ buing and other specified activities, the "statutory percentage" ':~'''''' ;} ,i" of distributable income in relation to profits and gains attribut-, ~ tp such activities will be "nil", as a~a~t 45 per cent at te~t j i , ' ',: clause 22 seeks to amend section 112a of the income-tax act (:'o;·:fte effect of the amendment will be that the tax: concessioos avail-~t\:~ble under sections 1121\ and 193 of the income-tax act, in respect ;;\\'d interest on national savings certificates (first issue), will also :~~1- available in respect ~f interest on national savings certificates ~'?~ri ,irst issue) -bank senes : ' ro-' \ ' ~~ ~lause 23 seeks to amend secti()n 114 of t4~ mcojl1~~ax act the '~~t!'l'dment is consequential to the ~endment of section 45 of the c:\ • jjlcome-tax act by clause 13 of the blll :' ';'1~;t,; :~;'::~~i,:)'fclause 24 seeks to arnend section 115 of the income-tax act the i·:: l~~;: · (endm ents are consequential to the amen<:fment ~~ ~ec~ion ~5 of \-pe \;~,~ip~tta~ act by clause 13 of the bill ~~,)\ clause 25 seeks to amend section 193 of the income-tax act '·~f effect of this amendment will be that in the case of an individual ':''''''i',~' -- ,':j'esident in india, holding central or state government ;~wities /<~·€other than national defence bonds, 1972, national 5;lvings certifi- "'ba~ (first issue), national defence loans, 1968 and lb72 and gqld ";':;&nds, in respect of which specific provi~ions alreadyex,ist] interest '~';i:~t~ be paid without deduction of tax at source,;if ,the ~pldei' oithe "hriecurities makes a declaration, in writing before the pen>qd responsi-,;;ble for paying the interest, that he has' not previously been ,~ to income-tax, that his total income in respect of the previous year to which the interest relates is not likely to exceed the maximwn ~ount not chargeable to income-tax, and that the total nominal ~ue of such securities held by him or on his behalf did not exceed bs 2,500 at any time during the said period clause 26 seeks to amend section 201 of the inco~e,,:~acl sub-clause (a) seeks to amend the proviso to the abovementioned section under the existing proviso, a penalty under section 221 of the income-tax act can be levied on a person who ii responsible ~ deduct tax at source from aalary, etc,lorhil faihlre to make such deduction or to pay the tax so deducted to the credit of the central government within the prescribed time, <!dlyif the income-tax officer is satisfied that such person h~d '' wilfully failed to deduct and pay the tax under the proviso as amended, penalty under section 221 of the income-tax act will be leviable on such a defaulter if the income-tax officer ~ ~tisfie(f that there were no good and sufficient reasons for the failure to deduct and pay the tax ~ -~ sub-clame (b) seeks to make a new provision in section 201 f'or the charging of simple interest at six per cent per annum j from _ persons who are responsible for deducting tax at source from salary, etc, and paying such tax to the credit of the cen- tral government within the prescribed period but have defaulted either in deducting the tax or in paying the tax deducted to the credit of the central government ttithin the prescribed time sub-czause tc) seeks to make an amendment in sub-section (2)~' the effect of which is that the simple interest· referred to in the proposed sub-section (la) will also be a charge on the assets of the person or company concerned d· clause 27 seeks to amend section 235 of the income-tax act the j!~f of this 'amendment will be that the limit up to which rebate of income-tax can be allowed to an assessee in respect of that portion of, the dividend received from a company which is attributable to' the;: company's agricultural income and on which agricultur~l inco:me-tax has been paid by the company to the state government, will be raised from the existing quantum of 25 per cent of such portion to 27'0 :per cent thereof this amendment is consequential' »the proposed levy of a special surcharge at 10 per cent of the tax aud surcharge payable by non-corporate assessees and the proposed increase· in the· rates of income-tax applicable to various classes of eompanies ' clause 28 seeks to amend section 236a of the income-tax act this amendment seeks to bring the relevant provision in section ~a in line with the provision in paragraph f of part i of the first schedule to the bill for levy of tax on certain companies with reference to the "relevant amount of distributions of dividends" by sucp compenie ; :cia~e 29 seeks to amend section 280a of the income-tax act 4 elfect()f- this amendment will be that a person whose total in-,,c1ja,rgeable ; ,to ··:tax ·for,,:: the assessment year· 1967:-68 ~r any ,ssessment year is rs 25,000 or less will not be requir-8jly annuity deposit (or advance annuity deposit) in re-;,any such assessment year such a person is, however, option to make a declaration that the provisions of chapter the income-tax act regarding annuity deposits should him, and if he does so, the said provisions shall apply to him to the assessment year 1d respect of which he makes the and all assessment years thereafter the declaration in _""wid any assessment year is required to be made not later than t~7i:~ulllft:september of the financial year immediately preceding that year ;~:j" :" ; --::', ,: ;:/ ~:i'f<tiie 30 seeks to omit the explanation to section 2boe of the i/>'>~e--tax act this amendment is consequential to the shift~n£ 01 ~':;::,$l~zp14nation from section 280e to section 280a, by clause 29 of i"''·~ll11l' ~,(}'~~;~;¥~;,'aau:,~ '31 seeks to substitute a new section for the existing section ::,:;;:i_ln uorder to make the provisions relating to rounding off of ,~muity deposits more clear and simple and bring them in line with ;~~~orus of the proposed new section 288a , '~~i i :'&tlse 32 seeks to introduce a new sub-section (la) in section i,~x'6rthe income-tax act to enable an individual who has complet-'~tth~l~ge of ieventy years on the last day of the previous year rele-"iin'''!tb~llie assessment year, and who has not before that day exercised :b1e option under sub-section (1), to make a declaration that the pro-'~i8ns or chapter xxiia regarding annuity deposits should not \ r~piyi to' ;him in relation to any ass~ssment year in which he makes :;;'~e declaration and all assessment years thereafter ; , ''if'';, ", ,'~~'llp1f!-'il$,e 33 seeks ~ amend explanation 2 to section 280zb of the " om~tax act this amendment seeks to bring the provisions of " &aid explanation in line with the provision in paragraph f of i;::~ mt'1 of the first schedul{' to the bill for charging income-tax on certain domestic companies with reference to the "relevant amount ,'i \ - 'jw~ distributions of dividends" by such companies ~,)t clause 34 seeks to insert two new sections in the income-tax act £namely, sections 288a and 288b ;'~nl;the proposed new section 288a seeks to provide that wher th~ "rttofal income as comouted in accordance with the provision!'l of the ;act is not a multiple of ~n rupees, it will be rounded off to the nearest multiple of ten rupees by ignoring the fraction which is less ithan five rupees and increasing the fraction which amounts to five rupees or more, to ten rupees; and the total income so roundedo! will be deemed to be the· total income where the total income of an assessee includes earned income, the adjustment on account of wunding off will be made to the earned income w~· there;is no eamed income, such adjustment will be made to the unearned income the proposed section 288b seeks to provide that -fraction,sof q~e rupee contained in the amount of tax (including adv~~ ~~p,~;x deducted at source), penalty, interest, etc, and refunds will berq~d­ed off to the nearest rupee, by ignoring amounts less ~n ,fifty j)9-i§e and increasing amounts of fifty paise or more, to on~rup~ clause· 35 seeks to amend, retrospectively, section·297 of tile income-tax act, 1961, to secure that the exemptions, reductionsidr~ or other modifications in respect of income-tax notified by the central government under section 60a of the· indian incom,e-tax act, 1922, w~ich were in force immediately before the couimence~eilt ~f the income-tax act, 1961 continue in force until rescinded by the centr~l government clause 36 seeks to amend the first schedule to the income-tax act the effect of this amendment will be that th~ quant~ of the rebate of income-tax to be allowed with reference toint-erest on , -- l' - • - ft income-tax free securities of the central government m~~mpht~$ the tax payable' on income from life insurance busin~ w~ be r~e,d from 25 per cent to 27 5 per cent of the ann~ average r~ ~e amount o~ such interest this amendment is consequential to t~ proposed increase in the rate of income-tax applicable to iz1cojae from life insurance bu~ines~ clause 37 seeks to add "newsprint" in item (16) of, apd twonew items, namely, "tea" and "printing ma~nery" to, tl?-e ~t of arijcles or things in the fifth schedule· to the jncome-tax act tfle effect of this will be that new machinery or plant installed by ~ ruisessee during the period 1-4-1966 to 31-3-1970 in a business of manufacture of anyone or more of these articie& will also qu,alify f~r the allowance of development rebate at the rate ~ 35 per cent of the actual cos~ thereof in other respects, namely, that of cojllpu~~, for the assessment year 1966-67 the amount of the deduction provided tmder the new section boe proposed to be inserted in the income-tax act by clause 15 of the bill, and for the purpose of determining whether a compapy was mainly engaged in specified activities durina tqe previous year relevant to the assessment year 1966-67 under the ~~pw1u1ti9n to section 85a of that act, income from the ~ufactur, tpe9q9c;lj~'qf! ~~ij,(ll,e~ propo~ ~ rbe added :by ,this clause will t;':~~~',·:~, < • _, _: '" ~ 1~:':li! jitreated as profits and gains attributable to the activities speci4 :a; those sections 'j&u ;t~~"" cl4usfi 38 seeks to amend the estate duty act, 1953 ;;~ subclauses (a) to (e), respectively,' seek to increase the (: '-", ~ f)" period specified in sections 9, 10, 11, 12 and 22 for the inclusion ~) in his estate of property gifted, settled or otherwise disposed of ~:' 'by the deceased during his lifetime, from one year to two years , the amendment in sulrclause (f) (i) is consequential to these >" amendments the· amendment in sub-clause <f)( ii) seeks to insert, retrospectively, a new ~lause (mm) in sub-section (1) of section 33 sub-clause (g) seeks to make, retrospectively, a consequential amendment to clause (a) of section 34 (1) the combined effect of these two proposed amendments will be that the property b~lo~ging to a deceased person who wasa member of a pollce force (including a border security force) and was killed in action "in protecting the border will not be chargeable to estate duty and will also be excluded in determining the principal value of the property passing on his death sub-clause (h) seeks to increase from one year to two years the period specified in section 46 (2) of the estate duty act, for the inclusion in his estate of money or money's worth paid or applied by the deceased towards the satisfaction or discharge of certain debts or encumbrances where but for such satisfaction or discharge the liability would not have been deductible in the computation of the net principal value of his estate , ) sub-clause (i) seeks to substitute the rate schedule of estate duty contained in part i of the second schedule to the act by a new rate schedule under the new rate ,schedule, rates of duty have been increased by 2 per cent, from 8 per cent to 10 per cent, in the slab of rs 1,00,001-rs 2,00,000, by 10 per cent, ie, from 15 per cent to 25 per cent, in the ~lab of rs: 3~5(),001-rs 5,00,000, and by 5 per cent, ie, from 25 per cent to 30 per cent, in the slab of rs 5,oo,ool-rs 10,00,000 clause 39 seeks to make transitional provisions to secure that in the case of persons dying after ~e 31st march, 1966, but before the 1st april, 1967, sections 9, 10, 11, 12, 22, 33 and 46 of the estate duty act, as proposed to be amended by clause 38, shall have effect as if the references therein to two years before· the death of the· deceased were references to the said two years- less so much thereof as fell before the 1st april, 1965 the effect of tqis will be tj1at in ~he,~ue of such penions, property comprised in any gift, settlement, etc~ •• de before lst april, 1985 will not be included in the dutiable iitate by reason only of the fact that the gift, settlement, etc, was made within two years before the death of the deceased clauses 40 and 42 seek to repeal, respectively, the expenditure-tax act, 1957, and the super profits tax act, 1963 as, however, section 6 • f the general clauses act, 1897, will apply, all the provisions of that section will be attracted in relation to the repeal, and any investigation, legal proceeding or remedy available under the repealed acts lilfly be instituted, continued or enforced in relation to any right, privileie, obligation or liability acquired, accrued or incurred under, or any penalty, forfeiture or punishment incurred in respect of any offence committed against, the repealed enactments as if the present ~ill had not been passed clause 41 seeks to amend the gift-tax act, 1958sub-claule (a) (i) seeks to insert a new clause (iia) in section 5 (1) of the gift-tax act, '1958, to secure that gift-tax will not be levied on gifts of foreign exchange by a non-resident to a person resident in india, where the foreign exchange so gifted is remitted to india in accordance with the foreign exchange regulation act, 1947 and the rules made thereunder during the period from the 26th october, 1965 to the 28th february, 1966 or such extended' period as rna, be notified by the cent!al government sub-clause (a) (ii) seeks to amend sub-section (2) of 'section 5 of the gift-tax act the effect of this amendment will be that the limit up to which the value of gifts made by any person during the previous year is exempt from gift-tax will be raised from ha 5,000 to rs 10,000 sub-clatue (b) seeks to omit section 6a of the gift-tax act, 1958, relating to the aggregation of the value of taxable gifts to the same donee during the relevant previo,us year and during anyone or mor~ of the four previous years hnmediately preceding such previous year with the value of the taxable gifts made by the assessee during the reletant previous year ' sub-clause (c) seeks to substitute the schedule to the act containing the rate schedule of gift-tax, by a new rate schedule under the new rate schedule, taken together with the amendment to section 5(2) proposed to be made by sub-clause (a)(ii), the incidence of gift-tax will be reduced at all levels clause 43' seeks to make certain amendments to the companies ~·tprolitsj!'slvtaiact,' 19m ':, l :,~~,~l~~jm:~~{~,!\,~~l~(, 1,1~ j,~1 ' ' , - (a) (i) seeks to substitute liub-c1aus~ (b) ef (i) of rule 2 of the first schedule to the said act by 'sub-clause, the object of this amendment is to bring the ons of sub-clause (b) in line with the provisions in para-f of part i of the first schedule to the bill for the, levy of 'on certain companies with reference to the "relevant amount butions of dividends" by such companies sub-clause (a) (ii) seeks to insert a new sub-clause (c) in (i) of rule 2 of the fir&t schedule, with retrospective from the commencement of the companies (profits) su r-act the proposed sub-clause (e) provides that in comthe chargeable profits of a company under the first edule, no deduction will be allowed for the additional incomeif any, payable by the company under section 104 of thfj iou'"'vu"'" tax act for its failure to distribute dividends up to thl! red statutory percentage sub-clause (b) (i) (1) seeks to reduce the rate of surtax 40 per cent to 35 per cent of the net chargeable profit~ sub-clause (b) (i) (2) seeks to omit the first and second pro- , to paragraph 1 of the third schedule, under which com-,,,,,,,uh - :j were entitled to a rebate of 20 per cent of the surtax a'-table to the profits and gains derived by them frolll fied priorhy industries the omission of these two provi$oi consequential to the provision sought to be made in the e-tax act by clause 15 of the bill, for a deduction in cornting the total income of the company of an amount equal to i , per cent of its profits and gains from specified priority industries sub-clause (b) (i) (3) seeks to amend the third proviso te ;paragraph 1 of the third schedule this amendment is being " made in view of the position that no provision has been madf! ill :,' the bill for th'e charging of tax on companies; with referenc~ to ;" the amount of their bonus issues sub-clause (b) (ii) seeks tcl omit paragraph 2 of th~ thirf schedule which contained the list of articlee and thing~ relating to priority industries this paragraph i~ being omitted for tile reasons indicated in the notes on sub-cll\us~ (b) (i) (2) 'clause 44 seeks to levy up to the 31st may, 1967 a special duty customs clause 45 seeks to continue the levy of regulatory duty of custom ,::,up to the] 5th july, 1967, on a flexible basis within the specified ceilin~ ,'i~" ;:r:ratei, for regulating or bringing greater economy in importl, clawe ~ se~~' to maintain for another year the status quo in rega"td to commitm~ts under the general agreement on tariffs and trade i clause 47-sub-clauu- (a) seeks to raise the rates of duty on sug~r; sub-clause (b) seeks to raise the rates of duty on certain varieties of unmanufactured tobacco and cigars and cheroots; sub-clause (c) seeks to raise the rate of duty on diesel oil not otherwise specuied; sub-clause (d)' seeks to levy an excise duty on products of the kind khown as optical bleaching agents; sub-cla'1lse (e) seeks to raise the rate of duty and to substitute a specific rate for the existing ad valorem rate of duty on carbonic acid (carbon dioxide); sub-clause (1)· seeks to levy excise duty on organic surfaceactive agents and surface-active preparations; sttb-clattse (9) seeks to taise the rate of duty on rayon and syhthetic' fibres and yarn; sub-clause' (h) seeks to raise the rates of duty on cotton twist, yarn, and' thread, all sorts; sub-clause (i) seeks to raise the rates of du~y on cotton fabrics; sub-clause (j) seeks to revise the tariff classification of certain manufactures of iron -and steel and to raise the rate of duty on pipes arid, tubes; sub-clause (k) seeks to clarify the tariff description of item no 33b (i) relating to electric wires and cables clau,se 48' seeks to continue up to the 31st may, 1967' the existing special duties of excise, czause 49 seeks to provide for levy of regulatory duties of excise up to the 15th july, 1967 on a flexible basis within the spec;ified ceiling rate for regulating or bringing greater economy in consumption; ci<m-ae'j60 like section 82 of the finance act, 1965 provide, _ ' tb,~, _uahall be duty fre~ for tljlotber fear , ~- 1_ \_~"_ •• __ ,'-'>m-' \ __ 6 ",_ - •• _~, ••• , '" ' :section 8 of the central sales tax act, 1956 provides for the of tax on inter-state sales sub-se'ction (1) lays down that respect of sales to government and to dealers registered under act, the rate shan be 2 per cent it is propo'sed to raise this to 3 per cent to sub-section (2a) of that section is section 15 of the" said act lays down that no state ~hall levy sales-tax on goods declared to be of specir] importance' in fnter"-state trade or commerce under section 14 of that act, at a '," rate exceeding 2 per cent it is proposed to trise this ceiling to 3 per cent this would giw' the state<; a bigger ceiling to refix their rates of tax on such goods, if they so desire the proposed increasp in the rates of tax will be effective on and from the 1st july 19f16 clause 52 seeks to amend section 4a of the preferpnce shares lation of dividends) act 1960 the proposeo amendment will e companies who arp entit]eri to clf'ol1ct in ('orne-tax from the on preff'rence shclres cleclrtreo by them after the 28th ry 1966 to make such dpnuction at thp ratp of 27':1ner ('ent on full amount of the dividend which they are reouiren to pay, that to say, on the amount of the stipulated dividend together with t~e additional dividend of ] 1 per cent of the stipulated dividend which ',th!'y are statutorily obli~ed to fla v under section ~(1) of the prpference shares (regulation of dividends) act, ] 960 clau<;e 53 seekl> to amend section 32 of the unit trust of india act 1963 under the existing provisions of this section, where the total income of an individual unit-holder, exc1usive of the 'qualifying dividend' (that is the amount of dividf'nds up to rs 1,001 received by him from the trust) does not exceed rs 20,000, the 'qualifying dividend' is not included in computing his total income where the individual unit-halder's total income, exclusive of the 'qualifying dividend' excems rs 20000 the 'qualifying dividend' is included ~':' in computing his total incom~ but the tax calculated on the tobl :" income is reduced by an amount equal to 25 per cent of the 'qualifying dividend' the effect of the proposed amendmc'nt will be that the amount of dividends up to rs 1000 received by an individual unit-holder from the trust will not be included in his total income, irrespective of the afflqunt 01 his other income memorandum regarding delegated legislatio~clause 2 (5) (d) of the bill empowers the central board of direct taxes to make rules for the purpose of computing the amount of any profits and gains derived by an assessee from the export of any goods or merchandise out of india in respect of which he may claim deductions under the proposed clause 2(5) (a) (i) the matter in respect of which rules may be made is one of procedure and detail therefore, the delegation of legislative power is of a normal character a bill to give effect to the financial proposals of the central government for the financial year, 1966-&{ (shn· sachindra chaudhri, minister 0/ finance)

Parliament_bills

7d26bb92-3a26-5407-8b9e-80f36e9cea88

bill no, 24 of 1984 'ihe appropriation (no2) bill, 1984 a billto provide for the authorisation oj appropriation of moneys out oj the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 1982, in excess of the amounts granted for those services and for that yeat be it enacted by parliament in the thirty-fifth year of the republic of india as follows:-1 this act may be caned the appropriation (no2) act, 1984 slmrt title 2 from and out of the consolidated fund of india, the sums sped-5 tied in column 3 of the schedule amounting in the aggregate to the sum of three hundred and seventy-four crores, five jakhs, ninety-nine thousand, three hundred and fifty-five rupees shall be deemed to have been authorised to be paid and applied to meet the amount spent for defraying the charges in respect of the services specified in column 2 10 of the schedule during the financial year ended on the 31st day of march, 1982, in excess of the amounts granted for those services and for that year issue of rs374, 05,99,355 out of the consolidated fund of india to meet certain cxeessexpcnditurc for the year <'nded on the 31st march, 1982 appropria-3 the sums deemed to have been authorised to be paid and applied tion from and out of the consolidated fund of india under this act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 1982 excetll 5 no, servi«s and purpoet'l of voted charted vote portion portion total i --i r" ri, r" 10 iii foreign trade and export 168,93,45,998 production capital i 68,93,u,ggb 15 overseas communication, service revenlu' i ,87,23,1123 1,87,113,1123 18 capital outlay on posts and telegraphs capital 51,63,71,150 51,63,71,150 88,79,78,5s6 '5 lao defence s"rvicxs-anuy revenue 88,79,78,556 i i iii defence services-navy revenue 5,47,51-,61 / 547,51,-,61 i 24 capital outlay on defence 12 1,81,33,010 s~rviccs capital 21,31,38,010 , 311 ministry of finance revenue 9,74,609 i 51,081 10,38,6g7 20 53 delhi revl:nue 5,gs,54o!1!z7 5,gs,m,~7 capital 16,6g,75,744 16,6g,75,744 55 andaman and nicobar ialands revl:nue 11,85,68,419 1,85,68 19 56 dadra and nagar haveli r('vt'nue 16,97,547 16,97,547 25 91 public works , r,'vcllue 10,111,406,039 10 ,12,46,039 103 department of spac~' revcnur 52,355 52,355 clpit:ll 7,91,160 7,gb,ioo 104-lok s'\bha r('vcnuc '__ "i_~,169_ 70,169 i 378,g6,7a,938 i -----30 total 9,26,417 37+,°5,99,955 l i --- - i _ __ - statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the codititution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incur:red in excess of the appropriations charged on the fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 31st day of march, 1982 pranab mukherjee presidents recommendation under article 117 of the constitution of indialcopy of letter no f4(96),b(se)/83, jdated the 8th march, 1984 irom shri pranab kumar mukherjee, minister of finance to the secretary-' general, lok sabha] the president, having been informed of the subject matter of the proposed bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain' services during the financial year ended on the 31st day of march, 1982 in excess of the amounts granted for the said services and for that year recommends under clauses (1) and (3) of article 117 of the constitution, read with clause (2) of article 115 thereof, the introduction of the appropriation (no2) bill, 1984, in lok sabba and also recommends to lokl sabha the consideration of the bi1l 2 the bill will be introduced in lok sabha after all the demands for excess grants for 1981-82 have been voted a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 1982, in excess of the amounts granted for those services and for that year (shri pranab kumar mukherjee, minuter of fi7l41lce)

Parliament_bills

916c9984-a305-50fc-984c-074d329f6b3e

2 3 aug 1965 btu no 48 of "s the indian works of defence (amendment) bill, 1965 a billfurther to clmend the indicjn worb of defnce act 1903 bz it enacted by parliament in the sixteenth year ot the republic of in~a al follows:-1 this act may be called the indian works of defence sbcxt (amendment) act, 1165 tmi& s z in the indian works of defence act,· 1903,-amend- ment of (i) for sub-section (2) of section 1, the following sub-sec- act 7 of tion shall be substituted, namely:-1901 - "(!) it stends to the whele gf 1ac:ua"; (ii) in part i, after section 2, the following section shall be -inserted, -namely: -----------_ --- --------- -- -"211 any reference in this act to any law which is not in force in any area or any reference therein to any functionary not in existence in any area shall, in relation to s that area be construed as a reference to the corresponding law, if any, in force, or to the corresponding functionary, if any, in existence, in that area" construetionof reference3 to lews not in force, or any fune tionary not in existence, many area statemj:nt of objicts and reasonsthe indiao workl of j)efence act, 1903 (7 of 1~3) provides for the imposition of restrictions upon the use and enjoyment of 'land in the vicinity of works of defence in order tl1at s~ch land may be kept free from buildings and other obstructions the act at present does dot extend to some areas such as the territories which immediately before, the 1st november, 1956, were comprised in part b states h~e it is not posiible to impose restrictions which may be considered necessary upon the use and enjoyment of land around su~ defenc;e works located in those territories it is, therefore, proposed to amend the act so as to make its provisions applicable to the whole of india including the areas to which it does not at present extend , y b chavan president's recommendation under article 117 of the constitution of india[copy of letter no f 13 (6) /59/0 (gs-i) dated the 27th july 1965 from shri y b chavan, minister of defence to the secretary, lok sabha] the president having been infonned of the subject-matter 01 the proposed bill further to amend the indian works of defence act, 1903, has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to the lok sabha the consideration 01 the bill the indian works of defence 'act, 1903' (7 of '1 90s) provides for payment of compensation to persons interested in the land in the vicinity of any work of defence on account of the imposition of restrictions on the use and enjoyment of such land it is not p0ssible to indicate at this stage, even approximately, the amount of compensation, if any, required to be paid in respect of lands around the defence works already existing in the territories which immediately before the 1st november, 1956, were comprised in part n states, as the assessment of such amount will have to be made by the local civil authorities concerned after issue of n~cessary gazette notifications declaring clearance zones under section 3 of the act however, in case the local military authorities consider that the existing obstructions in sucr lands may stand, the amount of compensation to be pa¥i might not be very large, annexureextract from the indian works of defence act, 1903 (7 of 1903) - - •• - - 1 (1) - - - - - short title add extent (2) it extends to the whole of india except the territories which, immediately ,before the 1st november, 1956, were comprised in part b states - - - - - a billfunher to amend the indian works of defence act, 1903 (shri y b chllf)an, minister of defence)

Parliament_bills

d7f832e6-4ec4-55ee-a158-f623f56a2274

the farmers (empowerment and protection) agreement on price assurance and farm services bill, 2020———— arrangement of clauses———— chapter i preliminary clauses1 short title and commencement 2 definitions chapter ii farming agreement3 farming agreement and its period 4 quality, grade and standards of farming produce 5 pricing of farming produce 6 sale or purchase of farming produce 7 exemptions with respect to farming produce 8 sponsor prohibited from acquiring ownership rights or making permanent modificationson farmer's land or premises9 linkage of farming agreement with insurance or credit 10 other parties to farming agreement 11 alteration or termination of farming agreement 12 establishment of registration authority chapter iii dispute settlement13 conciliation board for dispute settlement 14 mechanism for dispute resolution 15 no action for recovery of dues against farmer's land chapter iv miscellaneous16 power of central government to give directions 17 authorities under act to be public servants 18 protection of action taken in good faith 19 bar of jurisdiction of civil court (ii) clauses20 act to have an overriding effect 21 act not to apply to stock exchanges and clearing corporations 22 power of central government to make rules 23 power of state government to make rules 24 power to remove difficulties 25 repeal and savings bill no 112 of 2020 the farmers (empowerment and protection) agreement on price assurance and farm services bill, 2020 a billto provide for a national framework on farming agreements that protects and empowers farmers to engage with agri-business firms, processors, wholesalers, exporters or large retailers for farm services and sale of future farming produce at a mutually agreed remunerative price framework in a fair and transparent manner and for matters connected therewith or incidental thereto be it enacted by parliament in the seventy-first year of the republic of india as follows:— chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,—(a) "apmc yard" means the physical premises covering agriculture produce market committee yard, by whatever name called, established for regulating markets and trade in farming produce under any state act;5(b) "company" means a company as defined in clause (20) of section 2 of the companies act, 2013;18 of 2013(c) "electronic trading and transaction platform" means a platform set up to facilitate direct and online buying and selling for conduct of trade and commerce of farming produce through a network of electronic devices and internet applications;10(d) "farm services" includes supply of seed, feed, fodder, agro-chemicals, machinery and technology, advice, non-chemical agro-inputs and such other inputs for farming;(e) "farmer" means an individual engaged in the production of farming produce by self or by hired labour or otherwise, and includes the farmer producer organisation;15(f) "farmer producer organisation" means an association or group of farmers, by whatever name called,—(i) registered under any law for the time being in force; or (ii) promoted under a scheme or programme sponsored by the central government or the state government;20(g) "farming agreement" means a written agreement entered into between a farmer and a sponsor, or a farmer, a sponsor and any third party, prior to the production or rearing of any farming produce of a predetermined quality, in which the sponsor agrees to purchase such farming produce from the farmer and to provide farm services25explanation—for the purposes of this clause, the term "farming agreement"may include—(i) "trade and commerce agreement", where the ownership of commodity remains with the farmer during production and he gets the price of produce on its delivery as per the agreed terms with the sponsor;30(ii) "production agreement", where the sponsor agrees to provide farm services, either fully or partially and to bear the risk of output, but agrees to make payment to the farmer for the services rendered by such farmer; and(iii) such other agreements or a combination of agreements specified above; (h) "farming produce" includes—35 (i) foodstuffs, including edible oilseeds and oils, all kinds of cereals like wheat, rice or other coarse grains, pulses, vegetables, fruits, nuts, spices, sugarcane and products of poultry, piggery, goatery, fishery and dairy, intended for human consumption in its natural or processed form;(ii) cattle fodder, including oilcakes and other concentrates;40(iii) raw cotton, whether ginned or unginned; (iv) cotton seeds and raw jute;9 of 1932(i) "firm" means a firm as defined in section 4 of the indian partnership act, 1932;45(j) "force majeure" means any unforeseen external event, including flood, drought, bad weather, earthquake, epidemic outbreak of disease, insect-pests and such other events, which is unavoidable and beyond the control of parties entering into a farming agreement;(k) "notification" means a notification published by the central government or the state government, as the case may be, in the official gazette and the expression "notified" shall be construed accordingly;(l) "person" includes—5(i) an individual; (ii) a partnership firm; (iii) a company; (iv) a limited liability partnership; (v) a co-operative society;10(vi) a society; or(vii) any association or body of persons duly incorporated or recognised as a group under any ongoing programmes of the central government or the state government; (m) "prescribed" means prescribed by rules made under this act;15(n) "registration authority" means an authority notified as such by the state government under section 12;(o) "sponsor" means a person who has entered into a farming agreement with the farmer to purchase a farming produce;(p) "state" includes union territory chapter ii20 farming agreement3 (1) a farmer may enter into a written farming agreement in respect of any farming produce and such agreement may provide for—farming agreement and its period(a) the terms and conditions for supply of such produce, including the time of supply, quality, grade, standards, price and such other matters; and25(b) the terms related to supply of farm services: provided that the responsibility for compliance of any legal requirement for providing such farm services shall be with the sponsor or the farm service provider, as the case may be30(2) no farming agreement shall be entered into by a farmer under this section in derogation of any rights of a share cropperexplanation—for the purposes of this sub-section, the term "share cropper" means a tiller or occupier of a farm land who formally or informally agrees to give fixed share of crop or to pay fixed amount to the land owner for growing or rearing of farming produce35(3) the minimum period of the farming agreement shall be for one crop season or one production cycle of livestock, as the case may be, and the maximum period shall be five years:40provided that where the production cycle of any farming produce is longer and may go beyond five years, in such case, the maximum period of farming agreement may be mutually decided by the farmer and the sponsor and explicitly mentioned in the farming agreement(4) for the purposes of facilitating farmers to enter into written farming agreements, the central government may issue necessary guidelines alongwith model farming agreements, in such manner, as it deems fit4 (1) the parties entering into a farming agreement may identify and require as a condition for the performance of such agreement compliance with mutually acceptable quality, grade and standards of a farming producequality, grade and standards of farming produce5(2) for the purposes of sub-section (1), the parties may adopt the quality, grade and standards—(a) which are compatible with agronomic practices, agro-climate and such other factors; or(b) formulated by any agency of the state government or the central government, or any agency authorised by such government for this purpose, and explicitly mention such quality, grade and standards in the farming agreement10(3) the quality, grade and standards for pesticide residue, food safety standards, good farming practices and labour and social development standards may also be adopted in the farming agreement15(4) the parties entering into a farming agreement may require as a condition that such mutually acceptable quality, grade and standards shall be monitored and certified during the process of cultivation or rearing, or at the time of delivery, by third party qualified assayers to ensure impartiality and fairnesspricing of farming produce205 the price to be paid for the purchase of a farming produce may be determined and mentioned in the farming agreement itself, and in case, such price is subject to variation, then, such agreement shall explicitly provide for—(a) a guaranteed price to be paid for such produce;25(b) a clear price reference for any additional amount over and above the guaranteed price, including bonus or premium, to ensure best value to the farmer and such price reference may be linked to the prevailing prices in specified apmc yard or electronic trading and transaction platform or any other suitable benchmark prices:provided that the method of determining such price or guaranteed price or additional amount shall be annexed to the farming agreement 6 (1) where, under a farming agreement, the delivery of any farming produce is to be—sale or purchase of farming produce30(a) taken by the sponsor at the farm gate, he shall take such delivery within the agreed time;(b) effected by the farmer, it shall be the responsibility of the sponsor to ensure that all preparations for the timely acceptance of such delivery have been made35(2) the sponsor may, before accepting the delivery of any farming produce, inspect the quality or any other feature of such produce as specified in the farming agreement, otherwise, he shall be deemed to have inspected the produce and shall have no right to retract from acceptance of such produce at the time of its delivery or thereafter(3) the sponsor shall,—40(a) where the farming agreement relates to seed production, make payment of not less than two-third of agreed amount at the time of delivery and the remaining amount after due certification, but not later than thirty days of delivery;(b) in other cases, make payment of agreed amount at the time of accepting the delivery of farming produce and issue a receipt slip with details of the sale proceeds45(4) the state government may prescribe the mode and manner in which payment shall be made to the farmer under sub-section (3)exemptions with respect to farming produce7 (1) where a farming agreement has been entered into in respect of any farming produce under this act, such produce shall be exempt from the application of any state act, by whatever name called, established for the purpose of regulation of sale and purchase of such farming produce10 of 19555(2) notwithstanding anything contained in the essential commodities act, 1955 or inany control order issued thereunder or in any other law for the time being in force, any obligation related to stock limit shall not be applicable to such quantities of farming produce as are purchased under a farming agreement entered into in accordance with the provisions of this act8 no farming agreement shall be entered into for the purpose of—10(a) any transfer, including sale, lease and mortgage of the land or premises ofthe farmer; or15sponsor prohibited from acquiring ownership rights or making permanent modifications on farmer's land orpremises(b) raising any permanent structure or making any modification on the land orpremises of the farmer, unless the sponsor agrees to remove such structure or to restore the land to its original condition, at his cost, on the conclusion of the agreement or expiry of the agreement period, as the case may be:provided that where such structure is not removed as agreed by the sponsor, theownership of such structure shall vest with the farmer after conclusion of the agreement or expiry of the agreement period, as the case may be209 a farming agreement may be linked with insurance or credit instrument under anyscheme of the central government or the state government or any financial service provider to ensure risk mitigation and flow of credit to farmer or sponsor or bothlinkage of farming agreement with insurance or credit other parties to farming agreement10 save as otherwise provided in this act, an aggregator or farm service provider may become a party to the farming agreement and in such case, the role and services of such aggregator or farm service provider shall be explicitly mentioned in such farming agreement25explanation—for the purposes of this section,—(i) "aggregator" means any person, including a farmer producer organisation, who acts as an intermediary between a farmer or a group of farmers and a sponsor and provides aggregation related services to both farmers and sponsor;30(ii) "farm service provider" means any person who provides farm services11 at any time after entering into a farming agreement, the parties to such agreement may, with mutual consent, alter or terminate such agreement for any reasonable causealteration or termination of farming agreement establishment of registration authority12 (1) a state government may notify a registration authority to provide for electronic registry for that state that provides facilitative framework for registration of farming agreements35(2) the constitution, composition, powers and functions of the registration authority and the procedure for registration shall be such as may be prescribed by the state government chapter iii dispute settlement4013 (1) every farming agreement shall explicitly provide for a conciliation process and formation of a conciliation board consisting of representatives of parties to the agreement:conciliation board for dispute settlementprovided that representation of parties in such conciliation board shall be fair and balanced(2) a dispute arising from any farming agreement shall be first referred to the conciliation board formed as per the provisions of the farming agreement and every endeavour shall be made by such board to bring about settlement of such dispute5(3) where, in respect of any dispute, a settlement is arrived during the course of conciliation proceeding, a memorandum of settlement shall be drawn accordingly and signed by the parties to such dispute and such settlement shall be binding on the partiesmechanism for dispute resolution1014 (1) where, the farming agreement does not provide for conciliation process as required under sub-section (1) of section 13, or the parties to the farming agreement fail to settle their dispute under that section within a period of thirty days, then, any such party may approach the concerned sub-divisional magistrate who shall be the sub-divisional authority for deciding the disputes under farming agreements(2) on receipt of a dispute under sub-section (1), the sub-divisional authority may, if—15(a) the farming agreement did not provide for conciliation process, constitute a conciliation board for bringing about settlement of such dispute; or20(b) the parties failed to settle their dispute through conciliation process, decide the dispute in a summary manner within thirty days from the date of receipt of such dispute, after giving the parties a reasonable opportunity of being heard and pass an order for recovery of the amount under dispute, with such penalty and interest, as it deems fit, subject to the following conditions, namely:—(i) where the sponsor fails to make payment of the amount due to the farmer, such penalty may extend to one and half times the amount due;25(ii) where the order is against the farmer for recovery of the amount due to the sponsor on account of any advance payment or cost of inputs, as per terms of farming agreement, such amount shall not exceed the actual cost incurred by the sponsor;(iii) where the farming agreement in dispute is in contravention of the provisions of this act, or default by the farmer is due to force majeure, then, no order for recovery of amount shall be passed against the farmer305 of 1908(3) every order passed by the sub-divisional authority under this section shall have same force as a decree of a civil court and be enforceable in the same manner as that of a decree under the code of civil procedure, 1908, unless an appeal is preferred under sub-section (4)35(4) any party aggrieved by the order of the sub-divisional authority may prefer an appeal to the appellate authority, which shall be presided over by the collector or additional collector nominated by the collector, within thirty days from the date of such order(5) the appellate authority shall dispose of the appeal within thirty days (6) every order passed by the appellant authority under this section shall have same force as a decree of a civil court and be enforceable in the same manner as that of a decree under the code of civil procedure, 1908405 of 1908(7) the amount payable under any order passed by the sub-divisional authority or the appellant authority, as the case may be, may be recovered as arrears of land revenue45(8) the sub-divisional authority or the appellate authority shall, while deciding disputes under this section, have all the powers of a civil court for the purposes of taking evidence on oath, enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed by the central government(9) the manner and procedure for filing a petition or an application before the sub-divisional authority and an appeal before the appellate authority shall be such as may be prescribed by the central government5| 15 ||-----------------------------------------------------------------------------------------------|| amount due in pursuance of an order passed under that section, shall be initiated against the || agricultural land of the farmer || no action for || recovery of || dues against || farmer's land | chapter iv miscellaneous10| 16 ||---------------------------------------------------------------------------------------------|| consider necessary, to the state governments for effective implementation of the provisions || of this act and the state governments shall comply with such directions || power of || central || government to || give directions || authorities || under act to be || public servants |45 of 1860| 17 ||---------------------------------------------------------------------------------------------|| appellate authority, constituted or prescribed under this act, shall be deemed to be public || servants within the meaning of section 21 of the indian penal code |15protection of action taken in good faith18 no suit, prosecution or other legal proceeding shall lie against the centralgovernment, the state government, the registration authority, the sub-divisional authority, the appellate authority or any other person for anything which is in good faith done or intended to be done under the provisions of this act or any rule made thereunder20bar of jurisdiction of civil court19 no civil court shall have jurisdiction to entertain any suit or proceedings in respectof any dispute which a sub-divisional authority or the appellate authority is empowered by or under this act to decide and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act or any rules made thereunder25act to have an overriding effect20 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any state law for the time being in force or in any instrument having effect by virtue of any such law other than this act:provided that a farming agreement or such contract entered into under any state law for the time being in force, or any rules made thereunder, before the date of coming into force of this act, shall continue to be valid for the period of such agreement or contract3042 of 1956| 21 ||---------------------------------------------------------------------------------------|| corporations recognised under the securities contracts (regulation) act, 1956 and the || transactions undertaken therein || act not to || apply to stock || exchanges and || clearing || corporations |22 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this actpower of central government to make rules35(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) other purposes for which the sub-divisional authority or the appellateauthority shall have the powers of civil court under sub-section (8) of section 14;40(b) the manner and procedure for filing petition or application before thesub-divisional authority, and an appeal before the appellate authority, under sub-section (9) of section 14;(c) any other matter which is to be, or may be, prescribed, or in respect of whichprovision is to be made, by rules, by the central government45(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total5period 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 rule23 (1) the state government may, by notification in the official gazette, make rules for carrying out the provisions of this actpower of state government to make rules10(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 mode and manner of payment to the farmer under sub-section (4) of section 6;15(b) the constitution, composition, powers and functions of the registration authority, and the procedure for registration under sub-section (2) of section 12;(c) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules, by the state government (3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house20power to remove difficulties24 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as may appear to it to be necessary for removing the difficulty25(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentrepeal and savingsord 11 of 202025 (1) the farmers (empowerment and protection) agreement on price assuranceand farm services ordinance, 2020 is hereby repealed30 ord 11 of 2020 (2) notwithstanding such repeal, anything done or any action taken under the farmers(empowerment and protection) agreement on price assurance and farm services ordinance, 2020 shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsindian agriculture is characterised by fragmentation due to small holdings and has certain weaknesses such as dependence on weather, uncertainties in production and unpredictable market this makes agriculture risky and inefficient in respect of both input and output management these challenges needed to be addressed by way of realising higher productivity, cost effective production and efficient monetisation of the produce to increase the farmers' income it was felt that promotion of agreements for farming produce may strengthen the process of monetisation whose primary objective is to de-risk agriculture at various stages, enable scaling of investment by industry for production and processing of high value agriculture produces, give fillip to exports and help farmers to enjoy the additional benefits of operational efficiency2 the covid-19 pandemic and resultant lockdown also threw up challenges for agriculture and impacted the livelihood of farmers as agriculture sector has immense potential to make significant contribution to the economic growth, there was a need to find long term solutions for farmers and for agriculture as a whole therefore, to achieve these objectives and to mitigate risks for farmers, enhance their income, put in place an effective and conducive policy regime for agreements and for holistic development of the agriculture sector, there was a need for immediate legislation3 as the parliament was not in session and there was an immediate need for legislation in this regard, the farmers (empowerment and protection) agreement on price assurance and farm services ordinance, 2020 was promulgated by the president of india on the 5th june, 2020 under clause (1) of article 123 of the constitution4 the farmers (empowerment and protection) agreement on price assurance and farm services bill, 2020 which seeks to replace the farmers (empowerment and protection) agreement on price assurance and farm services ordinance, 2020 (ord 11 of 2020) provides for—(a) facilitating written farming agreement to be entered into in respect of a farming produce, except where such agreement derogates the rights of a share cropper;(b) the conditions for performance of farming agreement, including compliancewith mutually acceptable quality, grade and standards of farming produce;(c) the pricing of farming produce;(d) the manner of delivery of farming produce;(e) exempting the farming produce under a farming agreement from the application of a state act regulating the sale and purchase of such farming produce and also from the provisions of the essential commodities act, 1955 (10 of 1955) and the control orders made thereunder;(f) prohibiting the sponsor from acquiring ownership rights or making permanent modification on farmers' land or premises;(g) the sponsor to ensure timely acceptance of delivery and payment for such farming produce;(h) linkage of farming agreement with insurance or credit instrument; (i) establishment of registration authority to provide for e-registry and for registration of farming agreements;(j) conciliation and dispute settlement mechanism for settlement of disputes under the farming agreement 5 the bill seeks to replace the aforesaid ordinancenew delhi;narendra singh tomarthe 26th august, 2020 memorandum regarding delegated legislation clause 22 of the bill empowers the central government to make rules by notification in the official gazette, inter alia, in respect of matters relating to (i) other purposes for which the sub-divisional authority or the appellate authority shall have the powers of civil court; (ii) the manner and procedure for filing petition or application before the sub-divisional authority, and an appeal before the appellate authority; (iii) any other matter in respect of which provision is to be made by rules by the central government2 clause 23 of the bill empowers the state government to make rules by notification in the official gazette, inter alia, in respect of matters relating to (i) the mode and manner of payment to the farmer; (ii) the constitution, composition, powers and functions of the registration authority, and the procedure for registration; (iii) any other matter in respect of which provision is to be made by rules by the state government3 the matters in respect of which rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for a national framework on farming agreements that protects and empowersfarmers to engage with agri-business firms, processors, wholesalers, exporters orlarge retailers for farm services and sale of future farming produce at a mutuallyagreed remunerative price framework in a fair and transparent manner and formatters connected therewith or incidental thereto————(shri narendra singh tomar, minister of agriculture and farmers welfare)

Parliament_bills

b5200a8c-d2a2-5ebd-b45a-74f7ab45679a

the representation of the people (fourth amendment) bill, 1956(as introducbd in lok sabha) the representation of tile people cfourtii amendment) bill, 1956 (as introduced in lok sabra) a billfurther to amend the representation of the people act, 1950 be it enacted by parliament in the seventh year of the republic of india as folows:-1 (1) this act may be called the representation of the people short title (fourth amendment) act 1956 and commen-, cement s (2) it shall be deemed to have come into force on the 8th day of november, 1956 2 in sub-section (1) of section 24 of the representation of the amendment 43 of j950 people act, 1950, for the words, letters and figures "the 1st day of of section november, 1956", the words, letters and figures "the 1st day of 24· 10 december, 1956" shall be substituted and shall be deemed always to have been substituted 9 of i9s6 3 the representation of the people (amendment) ordinallce, repeal of 1956, is hereby repealed ordinance statement of objects and reasonsthe representation of the people (third amendmer~t) act, 1958, was enacted to effect the prompt enrolment as electors of those <iisplaced persons who register themselves as citizen3 of india under section 5(1)(a) of the c:tizenship act, 1955, before the 1st november, 1956 it was then thought that the bulk of eligible displaced persons would have been registered as citizens of india before the 1st november, 1956, but as this expectation was not fulfilled, it was suggested by the election commission that an ordinance should be promulgated extending the said date to the 1st december, 1956, in order to enable a larger number of these recently registered citizens being brought on the electoral rolls accordingly the representation of the people (amendment) ordinance, 1956 (no9 of 1956) was promulgated the proposed bill seeks to replace the ordinance nzw dam; h v pataskalt the 17th november, 1956 , annexureextract nom the representation oj' the people act, 1950 (43 oj' 1950) - - - - u (1) subject to the provisions of sectiona u', 17 and 18, every temponrr person who has been registered before the 1st day of november, pro:vt~onof tic o 0 mcusiod 1956, as a citizen of india under clause (0) of sub-section (1) of section cer bin nowl, of 1955 5 of the citizenship act, 1955, shall be entitled to be registered ir =~ the electoral roll for a constituency, if that person on the 1st day of march, 1956, was not less than 21 years of age and wu ordinarily resident in that col~~ituencyo - - - - - a billfurther to amend the representation of the poop ]e act; 1950 (shri h v pguukar, minister of 14111 affairs)

Parliament_bills

9424c515-a9b7-56f6-9856-a455b0cd504f

bill no 40 of 2016 the constitution (amendment) bill, 2016 byshri kunwar pushpendra singh chandel, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2016short title and commencementamendment of article 12 in article 1 of the constitution, for clause (1), the following clause shall be substituted, namely:—''(1) india, that is bharat varsha, shall be a union of states" statement of objects and reasons'bharat varsha' is the identity of our country in the legends and the history, the word'bharat varsha' has been extensively used, which is clearly evident from the sloka enshrined in the vishnu puran—"tatascha bharatam varshmetallokeshugiyatebhartay yatah pitra dattam pratishthita vanam" meaning that this country has been known as bharat varsha since king bharat left for the jungle for penance by handing over the affairs of the kingdom to his sons everywhere one can find the mention of bharat varsha the nomenclature of our country as bharat varsha owe to the king bharat the term bharat varsha infuses a sense of courage and new energy and makes us feel of having a cultural entity therefore, the expression 'india, that is bharat varsha' shall be more appropriate in article 1 of the constitutionhence this billnew delhi;kunwar pushpendra singh chandelfebruary 9, 2016 annexure extract from the constitution of india 1 (1) india, that is bharat shall be a union of states name and territory of the union of india———— a billfurther to amend the constitution of india————(shri kunwar pushpendra singh chandel, mp)gmgipmrnd—4304ls(s3)—29-02-2016

Parliament_bills

b9a63ee3-9e1b-5dcd-ad6a-6734b876b150

idk sabhathe compaj,ijj:es (am&:ndment) bill, 19: 7 (to be/as introduced in lok sabha) 1 page if, line 25,-for n59a" read "58a" 2 page 5, line 18,-for "provision n re sld "provisions" new delfr· , november'21~972 kartika 30, 1899\sak-a1 bill no 13t c»f 1,,7 the companies (amendment) bill, 1977 a billfurther to amend the companies act, 1956 be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-1 this act may be called the companies (amendment) act, 1977 short title 1 of 1956 z in the companies act, 1956 (hereinafter referred to as the principal 5 act), in section loe, in sub-section (4!j), for the words and figures "chap-5 of 1898 ter xxxv of the code of criminal procedure, 1898", the words and amendment of section loe 2 of 1974 figures "chapter xxvi of the code of criminal procedure, 197:i" shall be substituted 3 in section 58a of the principal act, after sub-section (7), but be-10 fore the ezpl4nclt:ion the following sub-section shall be inserted, namely:-ameadmentof section 5~ is tlell"' (8) the central government may, if it considers it necessary for avoiding any hardship or for any other just and sufficient reason, by order, issued either prospectively or retrospectively from a date not earlier than the commencement of the companies (amendment) act, 1974, grant extension of time to ii company or class of companies to comply with, or exempt any company or class of companies from, all or any of the provisions of this section either generally or for any specified period subject to such conditions as may be specified in the order: provided that no order under this sub-section shall be issued in relation to a class of companies except after consultation with the reserve bank of india" amendment of iection 10sh 4 in section losh of the principal act, the words, figures, letters and brackets land, any re£erenee in sections loba, l08b and lose to "same s management" shall be construed as a reference to "same management" as defined in clause (g) of section 2 of the monopolies and restrictive trade practices act, 1969' shall be inserte'd at the end s4 of 1969 5 in section 220 of the principal act,-amendment of section 22() (i) in sub-section (1), after the words "balance sheet and the 10 profit and loss account were so laid", the words ", or where the annual general meeting of a company for any year has not been held, there shall be filed with the registrar within thirty days from the latest day on or before which that meeting should have been held in accordance with the provisions of this act," shall be inserted; is (~i) in sub-section (2), after the words "does not adopt the balance sheet", the words ", or, if the annual general meeting of a company for any year has not been held," shall be inserted 6 in section 293 of the principal act, in sub-section (1), in clause (e), for the words "twenty-five thousand rupees", the words "fifty thousand 20 rupees" ,ball be substituted amendment of section 293 7 in section fi20 of the princ~pa1 act, for sub-section (2), the following sub-section shall be substituted and shall be deemed to have been substituted with effect from the 1st day of february, 1975, namely:-amendment of section 620 "(2) a copy of every notjfication proposed to be issued under 25 sub-section (1), sha,llbe laid in dr,aft lx·fore 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 moj:e b~cessive sessions, and if, before the expiry of the session immedia~ly fouowi»,g the session or the successive sessions aforesaid, both houses ~gree in 30 disapproving the issue of the notification or both houses agree in m~ ~y modi1lcation in the notification,the :notui,ca~on shall not be issued or, as the ca,se may };ie, shall be i~ued only in s1jch modified form as may be agreed upon by both the houses" 8 after section 634 of the principal act, the following section shan 3s be inserted, namely:-insertion of new ec:uod 63fa enforcement of orders of company law board u834a any order made ,by ",tile "c'o~ny law :bqqd ~er, tion 17, section 18, section 19, section 79, section 141 or ~ijon;llf6 may be enf~rced by utat board ill the same manner as if it were a decree ijulde by a court in a suit pending therein, and it shall be 40 lawful for that board to send, in the case of its inabihty to eacute such order, to 'the court within the local limits of whose jurisdictipn,-(g) in tbf! case of an order ag$st a company, the registered " '", qftl,ce of the qqd;l~ "is situ~~, or 4s (b) in ijae ,case of an ord,r 4pinst al)y otjjer i~' the person concemed voluntarily resid~s, or c4rri~ od,"q~~jiis or personally works for gain" t in section 635 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:-amendment of section 131 5 "(4) where any order made by the company law board under section 17, section ui, section 19, section 79 or section 186 is required to be enforced by a' court, a certified copy of the order shall be produced to' the proper officer of the court required to enforce the order and the provisions (if sub-sections (2) and (3) shall, as, far as may be, apply to every such order in the same manner and tu the same ex-tent as thcyapply to an order made by a court" in the companies act, 1956, section 58a rela~ing to acceptance of, deposits was inserted by the c'ompnniiest (amendment) act, 1974, which came into force on the 1st february, 1975 prior to the coming into force of this section, acceptance of deposits !by companies was regulated by the dirqctions issued by the reserve bank of india under chapter ilib ot the reserve bank of india act, 1004 clause (a) of sub-section (3) of section 58a provideos that every deposit accepted by a company at any tfime before 'the comm~encement of the said amendment act of 1974, ,shall, if it is not renewed by a company in accordance with the provislons of that section, be repaid in accordance with the terms of such deposit clause (c') of that sub-se<-tion provides that any deposit re-ceived by a company in contravention of the aforesaid directions of the reserve bank shall be repaid in full on or ,before 1st april, 1975 subsection (fit) of th2t se<:tion provides for penalty for the contravention of the provisions of the section a review of the cases of contraventions t;hows th:!t som~timcs they are due to circumstances hl'yond th~ control of the compani/esl, namely, strikes, riots, power-cuts, recession, etc sulr rection (7) of section 58a empowers the central government ~o give total exemption to a rompany from the provisions of the section after consulting the" reserve bank of india there is, however, no power to (drant partial relaxation like extension of time in deserving callies fol' the repayment of deposits a study group constituted by the rese~ bank of india under -the chainnanship of shri james s raj reeom~ mended that section 59a of the act may be suitely amended to grant extension of time to comply with or to exempt any company from the llmvisions of that section it is proposed to accept this reconun~ t!inn and amend section 58a suitably in the state of bombay v bandan ram bhandari [arr (1961) sc 186], the question arose as to whether the company and its oftlcers are liable to be prosecuted under the 1913 aot for not laying the balancesneet and the profit and loss account before the company in annual ~neral meetin~ where the annual general meetin~ of the company was not held in that care, the supreme court took the view that a plem;on ('harged with an offence could not rely on his own default as 'l defence to the charge if he was responsible for not calling the annual general meeting, he could not be heard to say in his defence to the charae 'that as the annual general meeting wac; not held, the balance-shee~ antf profit and 101'ls account could not be laid before the company in annnal general meeting a diffe:rent vil:"w has however be£on taken on the noint bv supreme collrt in the case of st"te of andhra prndesh v andhra pradesh provincial potteries lid [air (1973) sc 2429] persons in charge of the management of !lome of -the comoanies rometimes omit to ('onvene the annual (leneral meetinl!' of the companv and by liiuch omi'!sion keep the share"holde~ as well as the creiiitors of the com~ oany in thp dark aibou'1; the rffairs of the ~oml)anv and ;t-i financial c'lndilion further, by such omission they also eva~p the necessity 01 filing - ' the balance-iheet and the protlt and loss account with the registrar of companies when a document is filed with the registrar of companies, it is open to any shareholder or creditor to inspect such document and to obtain a copy thereo~ in the circumstances, it is absolutely essential that even where the annual general meeting of the company has not been held, the balance sheet and profit and loss account should be filed withl the registrar of companies to enable the shareholders and other persons to find out, from inspection of the said documents, the affairs of the company and its financial condition the bill seeks to amend section 220 to achieve the said object under section 293 ~f the companies act, 1956, a company is empowered to make donations for charitable purposes up 'to five per cent of its av'qirage net profits during the preceding three years or up to rsi 25,000, wh,ichever is greater the ceiling of rs 25,000 was fixed long ago and it is felt that in the present context, the said ceiling should be raised to &s 50,000 the bill seeks to amend section 293 section 620 of the companies ad, 19156, empowel"3 the central govern-(lle'nt to modify, by notification, any of the provision of the act in its application to a particular government company or to government compan~e~, in general every notification proposing to make such iiwdification is required to be placed, in draft, before each house of parliament for a period of not less than 30 days while it is in session since the said p~riod of 30 days cannot, sometimes, be completed in one session, it is necessary to amend the section to permit the period of 30 days to be co~ pleted in one socssion of in two or more successive _sions the bfll seeks to amend secuon 620 to achieve the said object other amendments included in the bill are of a consequential or formal nature new dblhi; shanti bhusiian the 14th november, 1977 , ~ ' - (1' of 1956) - - - 'lob, (1) - - ' 5 of 1898 constitution of board of company law administration (4d) every branch shall be deemed to be a civil court hr the ptir-wiles of section 195 and chapter xxxv, '(if the code of criminal procedure, 1898, and every proceeding before the, b~nch shall be deemed to be a judicial proceeding within the meaning of sections 193 and "228 01 the indian penal code and' for the· purpose of secti(m, 196 of that cqde 45 of 1860 - 54 of 1969 - - oil, - , ' 108ft r~erences in sectmns htba, 108b, lobe add 1080 to sharea or, share 'capital, as the case maybe, shan be eanstrued atj references to shares or share capital, resp~ctrn!ly, of a body~orporata owning any undertaking to which the provisions of part a of chapter iii of the montjpolies and restrj~tive trade practices act, 116'," apply - - - 220(1), after the balance-sheet ,~d,the i>rofi~ and loss account have been laid before a company at an annual general meeting as aforesaid, there shall be filed with the registrar within thirty days from the date on which the balance-sheet and the profit and loss account were so laid-comtruction of references to "shares" or "share capital" in sections toba to 108d, three copies of balancesheet, etc, to be filed with regntrar, (a) three copies of the balance-sheet and the profit and loss"8o" count, signed by the managing director mawaalng' agen~; ;8ecremllies" and treasurers, manaqer or secretary of the company, or if there be none of these, by a director of the company, together with three copies of all documents which are rcq'_tired by this act to be annexed or attached to such balanc'e-sheetor profit and loss account i provided that in the case o~ a private company, copies of the balancmheet and copies of the profit and 1011 account shall be filed , with the registrar separately: provided further that,-(i) in the case of a private company which is nota subsidiary of a public company, or oi) in the case of a private company of which the entire paid-up share capital is held by one or more bodies corporate incorporated outside india, or (iii) in the case of a company which b~cnmes a public company by virtue of section 43a if the central gnvemmfmt directs that it is not in the public intel'ec:t that any person other than 8 , member of the company shall be entitled to inspect, or obtaid copies of, the profit and loss account of the company, no person other than a member of the company concerned shall be entitled to inspect, or obtain copies of~ the profit and loss account of that company under section 610 (2) if the annual general meeting of a company before which a balance-sheet is laid as aforesaid does not adopt the balance-sheet, a statement of that fact and of the reasons therefor shall be annexed to the balance-sheet and to the copies thereof required to be filed with the registrar - - - restrictions on powel'lof board 293 (1) the board of directors of a public company, or of a private company which is a subsidiary of a public company, shall not, except with the consent of such public company or subsidiary in general meetidg,-- - - - - (e) contribute, after the commencement of this act, to charitable and other funds not directly relating to the business of the company or the welfare of its employees, any amounts the aggregate of which will, in any financial year, exceed twenty-five thousand rupees, or five per cent of its average net profits as determined in accordance with the provisions of sections 349 and 350 during the three financial years immediately preceding, wlachever is greater power to modify act in relation to government companies 620 (1) - - - - (2) a copy of every notification proposed to be issued under sub-section (1) shall be laid in draft before both houses of parliament for a period of not less than thirty days while they are in session and if within that period, either house disapproves of the issue of the notification or approves of such issue only with modifications, the notification shall not be issued or, as the case may require, shall be issued only with such modifications as may be agreed on by both the houses a biij further to amend the companies act, 1956 (shri sh4nti bhushan, mitler of law, justice and coompony affairs)

Parliament_bills

ca0b3db0-7b5c-52cc-abcd-5f796de25e2c

as introduced in the rajya sabhaon 6th december, 2019 bill no lxv of 2019 the prohibition of multi-digit lotteries bill, 2019 a billto prohibit sale and promotion of multi-digit lotteries and for matters connected therewith or incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the prohibition of multi-digit lotteries act, 2019short title and extent(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires—5(a) "lottery" means a scheme, in whatever form, and by whatever name called,for distribution of prizes by lot or chance to persons participating in the lots or chances of a prize by purchasing tickets in proper form or through online;(b) "multi-digit lottery" means a lottery in which prizes are distributed to participating persons on the chances of matching of more than single digit518 of 2013(c) "organization" means any local or other authority functioning under the control of the central government or a state government and includes an undertaking established by or under a central, or a state act or which is controlled or financed wholly or substantially by funds, provided directly or indirectly by the central government or a state government or a government company as defined in the companies act, 2013prohibition of multi-digit lotteries3 no organization shall organize, conduct or promote multi-digit lottery or sell ordistribute or put for sale any multi-digit lottery ticket either in paper form or through online, in any manner whatsoever or receive or remit any money in pursuance thereofpenalty104 (1) where any contravention of the provisions of section 3 has been committed byany department of the central government or a state government or any other organization including companies or private individual, the head of such department or the person incharge of such organization, as the case may be, shall be guilty of offence and shall be liable to be proceeded against and punished under sub-section (3);15provided that nothing contained in this section shall render such head of thedepartment or such person incharge liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence,20 25(2) notwithstanding anything contained in sub-section (1), where any offence undersub-section (1) has been committed by a department of the central government or state government or any organization 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 officer, other than the head of such department or the person incharge or such organization, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly(3) whoever commits an offence under sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both2 of 19745 notwithstanding anything contained in the code of criminal procedure, 1973 an offence under this act shall be cognizable and non-bailableoffences to be cognizable and non-bailable statement of objects and reasonslottery is species of gambling it generates a false sense of security amongst the poor who get addicted to it and ruin their lives the social cost of running lotteries was too high with the earning members of families getting addicted to lottery at present, states including kerala, punjab, maharashtra, sikkim, mizoram, nagaland, goa etc promote lottery these multidigit lotteries are now grappling the youth by entering through electronic mediathe first endeavour to ban lottery in india was in 1998 when the parliament, cutting across party lines, unanimously enacted the lotteries (regulation) act, 1998 (act no 17 of 1998) the 1998 act in addition to regulating lotteries, banned the single digit lottery and pre-announced number lotteries such was the momentum around the 1998 act that members of parliament who had participated in the debate had asked the central government to bring a law banning multi-digit lottery as wellthe bill proposes to ban all forms of multi-digit lottery including its online form across the country with a view to ensure that gullible people are not entrapped and looted by bogus claims of getting richer overnighthence, this billvijay goel————— a billto prohibit sale and promotion of multi-digit lotteries and for matters connected therewith or incidental thereto—————(shri vijay goel, mp)mgipmrnd—4324rs(s3)—11-12-2019

Parliament_bills

ffccdc50-2b98-5793-8279-e5a5a6612ad8

financial memorandumclause 3 of the bill provides for the setting up of a fund for the benefit of commercial crops workers the fund shall be administered by a committee clause 4 provides that central government shall contribute to the fund therefore, the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely that a recurring expenditure of about rupees five hundred crore may be involved every year a non-recurring expenditure of about rupees one hundred crore will also be involved memorandum regarding delegated legislationclause 6 of the bili empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detaii only, the delegation of legislative powers is of a normal character

Parliament_bills

b4b90f45-dcd3-5527-bb81-83f38f316a1e

prohibition on 5 no person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco products to any person who is under eighteen years of age sale of cigarette or other tobacco products to a person below the age of eighteen years 6 (7) no person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him bears thereon, or on its label, the specified warning (2) no person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied restrictions on trade and commerce _ in, and production, supply and distribution of cigarettes and other tobacco products or distributed by him bears thereon, or on its label, the specified warning 10 (3) no person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in india unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning 15 (4) the specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration (5) no person shall, directly or indirectly, produce, supply or distribute cigarettes unless every package of cigarettes produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents per cigarette: 20 provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this act 7 (1) the specified warning on a package of cigarettes or any other tobacco products manner in which specified warning shall be— shall be made (a) legible and prominent; 25 (6) conspicuous as to size and colour; (c) in such style or type of lettering as to be boldly and clearly presented in distinct contrast to any other type, lettering or graphic material used on the package or its label and shall be printed, painted or inscribed on the package in a colour which contrasts conspicuously with the background of the package or its labels 30 (2) the manner in which a specified warning shall be printed, painted or inscribed on a package or tobacco products shall be such as may be specified in the rules made under this act (3) every package containing tobacco products shall be so packed as to ensure that the specified warning appearing thereon, or on its label, is, before the package is opened, 35 visible to the consumer 8 (1) where the language used on a package containing cigarettes and any other tobacco products or on its label is—(a) english, the specified warning shall be expressed in the english language; language in which the specified warning shall be expressed (b) any indian language or languages, the specified warning shall be expressed 40in such indian language or languages; (c) both english and one or more indian languages, the specified warning shall be expressed in the english language as well as in such indian language or languages; (d) partly english and partly any indian language or languages, the specified warning shall be expressed in the english language as well as in such indian language or languages; (e) any foreign language, the specified warning shall be expressed in the english language; (/) partly any foreign language and partly english or any indian language or languages, the specified warning shall be expressed in the english language as well as in such indian language or languages 10 (2) no package of cigarettes or any other tobacco products or its label shall contain any matter or statement which is inconsistent with, or detracts from, the specified warming, size of letters and figures 15 9 no specified warning or indication of nicotine and tar contents in cigarettes shall be deemed to be in accordance with the provisions of this act if the height of each letter or figure, or both used on such warning and indication is less than the height as may be prescribed by rules made under this act | | testing | labora- ||------|------------|------------|| tory | for | nicotine || and | tar | contents |10 for purposes of testing the nicotine and tar contents in cigarettes the central government shall by notification in the official gazette grant recognition to such testing laboratory as that government may deem necessary 20 | power | of ||----------|---------|| and | search |11 (1) any police officer, not below the rank of a sub-inspector or any officer of state food or drug administration or any other officer, hoiding the equivalent rank being not below the rank of sub-inspector of police, authorised by the central government or by the state government may, if he has any reason to suspect that any provision of this act has been, or is being, contravened, enter and search in the manner prescribed, at any reasonable time, any factory, building, business premises or any other place, 25 (a) where any trade or commerce in cigarettes or any other tobacco products is carried on or cigarettes or any other tobacco products are produced, supplied or distributed; or 30 (6) where any advertisement of the cigarettes or any other tobacco products has been or is being made 2 of 1974 (2) the provisions of the code of criminal procedure, 1973, shall apply to every search and seizure made under this act power to seize12 (2) if any police officer, not below the rank of a sub-inspector or any officer of 35 state food or drug administration or any other officer, holding the equivalent rank being not below the rank of sub-inspector of police, authorised by the central government or by the state government, has any reason to believe that,-— (a) in respect of any package of cigarettes or any other tobacco products, or (b) in respect of any advertisement of cigarettes or any other tobacco products, the provisions of this act have been, or are being, contravened, he may seize such package 40 or advertisement material in the manner prescribed (2) no package of cigarettes or any other tobacco products or advertisement material seized under clause (a) of sub-section (7) shall be retained by the officer who seized the package or advertisement material for a period exceeding ninety days from the date of the seizure unless the approval of the district judge, within the local limits of whose jurisdiction such seizure was made, has been obtained for such retention 45 confiscation of package 13 any package of cigarettes or any other tobacco products or any advertisement material of cigarettes or any other tobacco products, in respect of which any provision of this act has been or is being contravened, shall be liable to be confiscated: provided that, where it is established to the satisfaction of the court adjudging the confiscation that the person in whose possession, power or contro! any such package of cigarettes or any other tobacco products is found is not responsible for the contravention of the provisions of this act, the court may, instead of making an order for the confiscation of such package, make such other order authorised by this act against the person guilty of the breach of the provisions of this act as it may think fit 14, (1) whenever any confiscation of any package of cigarettes or any other tobacco 10 products is authorised by this act, the court adjudging it may, subject to such conditions as may be specified in the order adjudging the confiscation, give to the owner thereof an | power | to | give ||---------------|-------|---------|| option | to | pay || costs | in | lieu || confiscation | | |option to pay, in lieu of confiscation, costs which shall be equal to the value of the goods confiscated 15 (2) on payment of the costs ordered by the court, the seized packages shall be returned to the person from whom they were seized on condition that such person shall, before making any distribution, sale or supply of such packages of - (a) cigarettes, get the specified warning and indication of nicotine and tar contents incorporated on each such package; 20 (6) other tobacco products, get the specified warning, incorporated on each such package 15 any person who carries on any trade or commerce in, or who produces, supplies | liability ||--------------|| penalty |or distributes, cigarettes or any other tobacco products, shall— (a) if any package of cigarettes does not contain the specified warning and indication of the nicotine and tar contents; and 25 (b) if any package of any other tobacco products does not contain the specified warning, 30 be liable to pay a penalty not exceeding five times the value of the package of cigarettes or of any other tobacco products or one thousand rupees, whichever is more, whether or not such package of cigarettes or any other tobacco products, has been confiscated or is available for confiscation 16 no confiscatiqn made, costs ordered to be paid or penalty imposed under this act shail prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of this act or under any other law confiscation or penalty not to interfere with other = punishments 35 17 any confiscation of cigarettes or any other tobacco products may be adjudged or adjudication costs may be ordered to be paid or penalty be imposed,— (a) without any limit, by the principal civil court of original jurisdiction within the local limits of whose jurisdiction such confiscation has been made, costs have been ordered to be paid, or penalty has been imposed, as the case may be; 40 (b) subject so such limits as may be specified by the central government in this behalf, by such other court, not below a civil court having pecuniary jurisdiction exceeding rupees five thousand, as the central government may, by notification in the official gazette, authorise in this behalf giving opportu- 4518 (1) no order adjudging confiscation or directing payment of costs or imposing penalty shall be made unless the owner or person in possession of the package of cigarettes nity to the owner of seized packages or any other tobacco products has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such package, and giving him a reasonable opportunity of making a representation in writing, within such reasonable time as may be specified in the notice, against the confiscation or imposition of penalty mentioned therein, and, if he so desires, of being heard personally or through a representative in the matter : provided that, where no such notice is given within a period of ninety days from the date of the seizure of the package of cigarettes or of any other tobacco products, such package shall be returned, after the expiry of that period, to the owner or the person from whose possession it was seized (2) save as otherwise provided in sub-section (1), the provisions of the code of 5 of 1908 civil procedure, 1908, shall, as far as may be, apply to every proceeding referred to in sub-section (1) 10 appeal 19 (1) any person, aggrieved by any decision of the court adjudging a confiscation, ordering the payment of costs or imposing a penalty, may prefer an appeal to the court to which an appeal lies from the decision of such court (2) the appellate court may, after giving to the appellant an opportunity of being heard, pass such order as it thinks fit confirming, modifying or reversing the decision or order appealed 15 against or may send back the case with such directions as it may think fit for a fresh decision or adjudication, as the case may be, after taking additional evidence, if necessary: 20 provided that an order enhancing any penalty or fine in lieu of confiscation or confiscating of goods of greater value shall not be made under this section unless the appellant has had an opportunity of making a representation and, if he so desires, of being heard in person or through a representative in his defence (3) no further appeal shall lie against the order of the court of appeal 20 (7) any person who,— | | punishment | for ||-----------|---------------|--------|| failure | to | give || specified | warming | || and | nicotine | and || tar | contents | |25 (a) sells, or distributes or supplies in the course of any trade or commerce, any package of cigarettes or any other tobacco products, which does not contain, either on the package or on its label, the specified warning and the nicotine and tar contents or, the specified warning, as the case may be; 30 (b) produces, or supplies or distributes in the course of any trade or commerce, any package of cigarettes or any other tobacco products which does not contain, either on the package or on its label, the specified warning and the nicotine and tar contents or, the specified warning, as the case may be, shall in the case of first conviction be punishable with imprisonment for a term, which may extend to three years, or with fine which may extend to one lakh rupees, or with both, and, for the second or subsequent offences, with imprisonment for a term which may extend to three years, or with fine which may extend to two lakh rupees, or with both 35 21 (1) whoever contravenes the provisions of section 3 shall be punishable with fine which may extend to two hundred rupees | | punishment | for ||---------|---------------|---------|| smoking | in | certain || places | | |(2) an offence under this section shall be compoundable and shall be tried summarily 2 of 1974 in accordance with the procedure provided for summary trials in the code of criminal procedure, 1973 40 22 whoever contravenes the provision of section 4 shall, on conviction, be punishable— | punishment | for ||---------------|-----------|| advertisement | of || 'tobacco | products |(a) in the case of first conviction, with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees; (b) in the case of second or subsequent conviction, with imprisonment which may extend to three years, or with fine which may extend to two lakh rupees, or with 45 both 23 where any person has been convicted under this act for the contravention of the provision of section 4, the advertisement and the advertisement material for tobacco products may be forfeited to the government and such advertisement and advertisement material shall | forfeiture | of ||---------------|-------|| advertisement | and || advertisement | || material | |be disposed of in such manner as may be prescribed by rules made under this act 50 punishment for sale of cigarettes 24 (7) any person who contravenes the provisions of section 5 shall be guilty of an offence under this act and shall be punishable with fine which may extend to two hundred rupees, or any other tobacco products in certain places (2) all offences under this section shall be compoundable and shall be tried summarily 5 or to persons below the age of eighteen years in accordance with the procedure provided for summary trials in the code of criminal procedure, 1973 2 of 1974, 25 (1) notwithstanding anything contained in any other law for the time being in force, the central government or the state government may, by notification in the official gazette, authorise one or more persons who shall be competent to act under this act: prevention, detention and place of trial of offences under sections 3 and 5 provided that the person so authorised may, if he has reasonable ground for believing _ 0 that any person has committed an offence under section 3 or section 5, may detain such person unless the accused person furnishes his name and address, and otherwise satisfies the officer detaining him that he will duly answer any summons or other proceedings which may be taken against him, (2) where a police officer or any officer of the state government, not below the rank of sub-inspector of police, as authorised by that government, has reasonable grounds for believing that any person has committed an offence under section 3 or section 5, he may arrest without warrant such person (3) any person detained under sub-section (7) or arrested under sub-section (2) shall forthwith be taken before magistrate to be dealt with according to law 20 (4) any person committing an offence under section 3 or section 5 shall be triable for such offence in any place in which he may be or which the state government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force 25 (5) every notification issued under sub-sections (7) and (4) shall be published in the official gazette, and a copy thereof shall be exhibited for information to the public in some conspicuous place or places as the state government may direct (6) every person authorised under sub-section (7) shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of 1860 30 offences by companies 26 ({) 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: 35 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 (7), where any offence under 40 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 proceeded against and punished accordingly explanation—for the purposes of this section,— (a) "company" means a body corporate and includes a firm or other association 45 of individuals; and (b) "director", in relation to a firm, means a partner in the firm 2 of 1974offences to be cognizable and 27 (1) notwithstanding anything contained in the code of criminal procedure, 1973, an offence punishable under this act shall be bailable bailable (2) for the avoidance of doubts, it is hereby declared that any offence punishable under this act, other than an offence under section 3 or section 5, shall be cognizable 28 (1) any offence committed under section 3 or section 5 may either before or after | composition ||----------------|| offences |the institution of the prosecution be compounded by such officer authorised by central government or state government and for an amount which may not exceed two hundred rupees (2) where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence | | protection | of ||--------|---------------|-------|| action | taken | in || good | faith | |29 no suit, prosecution or other legal proceeding shall lie against the central government or any state government or any officer of the central government or any state government for anything which is in good faith done or intended to be done under this act 30 the central government, after giving by notification in the official gazette, not power to add less than three months' notice of its intention so to do, may, by like notification, add any 15 | | any | tobacco ||----------|--------|------------|| products | tn | the || schedule | | |other tobacco product in respect of which it is of opinion that advertisements are to be prohibited and its production, supply and distribution is required to be regulated under this act, and thereupon the schedule shail in its application to such products be deemed to be amended accordingly 31 (7) the central government may, by notification in the official gazette, make rules power of 20 to carry out the provisions of this act | the | central ||------------|------------|| government | || to | make |(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) specify the form and manner in which warning shall be given in respect of cigarettes under clause (0) of section 2; 25 (6) specify the maximum permissible nicotine and tar contents in cigarettes under the proviso to sub-section (5) of section 6; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or its label under sub-section (2) of section 7; 30 (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes under section 9; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes has been seized; 35 (f) provide for any other matter which is required to be, or may be, prescribed (3) every rule made under this act and every notification made under section 30 shall 40 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 session aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made, 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 45 power of the state government to make rules32 (7) the state government may, by notification make rules, not being a matter for which the rules are or required to be made by the central government, for carrying out the provisions of this act (2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) specify the form and manner in which warning shall be given in respect of any tobacco products other than cigarettes referred to in clause (0) of section 2; (b) specify the period for which the specified warning shall be inscribed on each package of tobacco products or its label under sub-section (2) of section 7; (c) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any other products of tobacco other 10 than cigarettes shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any other product of tobacco other than cigarettes has been seized; (d) provide for any other matter which is required to be, or may be, prescribed (3) every rule made by the state government under this act shall be laid as soon as may be after it is made, before the state legislature 15 act not to apply 33 nothing contained in this act shal! apply to any cigarette or package of cigarettes which is exported: to cigarettes which are exported 20 provided that ngthing in this section shall be deemed to authorise the export of any package of cigarettes, not containing the specified warning and indication of nicotine and tar contents to any country if the law in force in that country requires that the same or similar warning and nicotine and tar contents shall be specified on each package of cigarettes explanation—for the purpose of this section, any cigarette or package of cigarettes shall be deemed to be exported before the commencement of this act, if the necessary steps for export have already been taken notwithstanding that the actual export has not taken place 49 of 197525 34 (1) the cigarettes (regulation of production, supply and distribution) act, 1975, repeal and savings is hereby repealed (2) notwithstanding such repeal, anything done or any action taken under the provisions 30 of the aforesaid act, shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions of this act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this act the schedule[see section 2(p)] 1 cigarettes 2 cigars 3 cheroots 4, beedis 5 cigarette tobacco, pipe tobacco and hookah tobacco 6 chewing tobacco 7 snuff 8 pan masala or any chewing material having tobacco as one of its ingredients (with whatever name called) 9 gutka 10 tooth powder containing tobacco statement of objects and reasonstobacco is universally regarded as one of the major public health hazards and is responsible directly or indirectly for an estimated e1ght lakh deaths annually in the country it has also been found that treatment of tobacco related diseases and the loss of productivity caused therein cost the country almost rs 13,500 crores annually, which more than offsets all the benefits accruing in the form of revenue and employment generated by tobacco industry the need for a comprehensive legislation to prohibit advertising and regulation of production, supply and distribution of cigarettes and tobacco products was recommended by the parliamentary committee on subordinate legislation (tenth lok sabha) and a number of points suggested by the committee on subordinate legislation have been incorporated in the bill 2 the proposed bill seeks to put total ban on advertising of cigarettes and other tobacco products and to prohibit sponsorship of sports and cultural events either directly or indirectly as well as sale of tobacco products to minors it also proposes to make rules for the purpose of prescribing the contents of the specified warnings, the languages in which they are to be displayed, as well as displaying the quantities of nicotine and tar contents of these products for the effective implementation of the proposed legislation, provisions have been proposed for compounding minor offences and making punishments for offences by companies more stringent the objective of the proposed enactment is to reduce the exposure of people to tobacco smoke (passive smoking) and to prevent the sale of tobacco products to minors and to protect them from becoming victims of misleading advertisements this will result in a healthier life style and the protection of the right to life enshrined in the constitution the proposed legislation further seeks to implement article 47 of the constitution which, inter alia, requires the state to endeavour to improve public health of the people 3 the bill seeks to achieve the aforesaid objects new deut c p thakur the 22nd february, 2001 clause 2—this clause defines various expressions used in the bill most of the definitions of the expressions used in the bill are based on the definitions in the cigarettes (regulation of production, supply and distribution) act, 1975 the scope of some of the definitions has been broadened and some new definitions have been added such as "public place" sub-clause (/) provides definition of the expression "public place" to mean any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, health institutions, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like which are visited by public but does not include any open space sub-clause (p) provides definition of the expression "tobacco products" as specified in the schedule attached to the bill clause 3—this clause provides for the prohibition of smoking in public places, clause 4—this clause provides that no person who is engaged in production, supply or distribution of cigarettes or any other tobacco products shall advertise and no person having contro! over a medium shall advertise cigarettes or any other tobacco products through that medium and further, that no person shall take part in any advertisement directly or indirectly suggesting or promoting the use or consumption of cigarettes or any other tobacco products clause 5—this clause provides for prohibition of sale of cigarettes or any other tobacco products to persons below eighteen years of age clause 6—this clause provides that no person shall produce, supply and distribute cigarettes which do not carry the specified warning and that the specified warning should cover not less than one of the largest panels of the cigarettes it also provides that nicotine and tar contents should not exceed the maximum permissible limit as prescribed and that these contents must be displayed on the package clauses 7 to 9—these clauses provide for the manner in which the specified warning shall be made, and the languages in which it should be expressed and also the size of letters and figures clause 10—this clause provides for issuing of notification by the central government regarding testing laboratory for nicotine and tar contents clauses 1] and 12—these clauses provide for the power of entry, search and seizure under the bill clauses 13 and 14,—these clauses provide for provisions relating to confiscation of packages and empowers the court to give option to pay costs in lieu of confiscation a clause 15—this clause provides for liability of a person to pay penalty where specified warning is not contained on package of cigarattes and other tobacco products and contents of nicotine and tar are not indicated on package of cigarattes clause 16—this clause provides that confiscation and penalty would not interfere with any other punishment under this bill or under any other law clauses 17 to 19—these clauses provide for the confiscation of cigarettes or any tobacco products which have been seized as well as the procedure of giving opportunity to the owner of the seized packages and ofallowing him to make a representation as well as the right of appeal available to any person aggrieved by any decision of the court under this bill clauses 20 to 22—these clauses provide for the punishment firstly, for failure to give specified warning and nicotine and tar contents on the packets of cigarettes or other tobacco products, secondly, for smoking at public places and thirdly, for making advertisement of tobacco products clause 23—this clause provides for forfeiture of advertisement and advertisement material related to tobacco products clause 24—this clause provides for punishment for sale of cigarettes or any other tobacco products to persons below eighteen years of age clause 25—this clause provides for the prevention, detention and place of trial of offences under sections 3 and 5 it also empowers the central government and state government, to issue notification to authorise one or more persons who shall be competent under the bill to detain a person who has committed an offence under section 3 or section 5 sub-clause (2) empowers the police officer or any officer of the state government not below the rank of sub-inspector of police as authorised by that government, who has reasonable grounds for believing that any person has committed an offence under section 3 or section 5 he may arrest without warrant such person clause 26—this clause provides for punishment for the offences committed by a company or any person in charge of the conduct of the business of the company clause 27,—this clause provides that the offences committed under this bill shall be bailable it further provides that for the avoidance of doubt every offence punishable under this bill other than an offence under section 3 or section 5 shall be congnizable clause 28—this clause provides that the offence committed under section 3 or section 5 shall be compoundable and the person who committed such offences shall be fined not more than two hundred rupees it also provides that where an offence has been compounded, the offender if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence clause 29—-this clause provides for protection of action taken in good faith by any officer of the central government or state government clause 30—this clause provides to empower the central government to add any tobacco products in the schedule appended with this bill clause 31—-this clause empowers the central government to make rules to carry out the provisions of the bill clause 32—this clause empowers the state government to make rules to carry out the provisions of the bill clause 33—this clause provides that the provisions contained in the bill shall not apply to any cigarettes or packet of cigarettes which are exported clause 34—this is a usual clause regarding repeal and savings and repeals the cigarettes (regulation of production, supply and distribution) act, 1975 which is being replaced by this bill memorandum regarding delegated legislationclause 31 of the bill seeks to empower the central government to make rules for the purposes of carrying out the provisions of the bill, inter alia, to specify the form and manner in which warning shall be given in respect of cigarettes, to specify the maximum permissible nicotine and tar contents in cigarettes and to provide for the manner in which the powers of entry, search and seizure by an officer not below the rank of sub-inspector of police shall be carried out 2 clause 32 of the bill empowers the state government to make rules to provide for similar matiers in respect of tobacco products other than cigarettes 3 the matters in respect of which rules may be made are matters of procedure or detail the delegation of legislative power is, thus, of a normal character

Parliament_bills

dd08b732-ce41-56fa-b0cf-6daf59632d3d

the finance bill, 1988(as introduced in lok sabha) chapter i preliminary clauses1 short title and commencement chapter n rates of income-tax2 income-tax chapter m direct taxes income-tax3 amendment of section 24 amendment of section 105 amendment of section loa6 insertion of new section lob7 amendment of sectirai 13a8 amendment of section 149 amendment of section 1610 omission of sections 18 to 21 11 amendment of section 4012 amendment of section 43b13 insertion of new section 43c14 amendment of section 44ab15 insertion of new section 44ac16 amendment of section 44bb17 amendment of section 4718 amendment of section 5619 amendment of section 5720 amendment of section 5821 amendment of section 7922 amendment of section 80cc23 substitution of new section for section 80cca24 amendment of section 80hhc25 amendment of section sol26 amendment of section 80-027 amendment of section sop28 omission of section 86aclau ses29amendment of section 8930omission of section 112a31amendment of section 115b32amendment of section 115r33amendment of section 13134amendment of section 13235amendment of section 13936omission of section 18137amendment of section 19338amendment of section 194c39amendment of section 19540insertion of new section 206c41amendment of section 230a41insertion of new section 245dd43amendment of section 24644amendment of section 26345amendment of section 271b46insertion of new section 276bb47amendment of section 27948omission of chapter xxiia49amendment of section 281b50omission of section 285a51amendment of section 29352amendment of first schedule53amendment of eleventh schedule54consequential amendments wealth-tax55amendment of section 556insertion of new section 22dd57amendment of section 2558amendment of section 34ab59amendment of section 34acceoamendment of section 34ad61insertion of new section 34ae62amendment of section 34c63substitution of new section for sec64amendment of section 3765amendment of section 4366amendment of schedule 1 gift-tax67amendment of section 568amendment of section 2469amendment of section 3570amendment of section 3671 amendment of section 42substitution of new authorities amendment of section 6 amendment of section 13 amendment of section 24clauses72 73 la 75 chapter iv indirect taxes customs76 amendment of act 51 of 1975 tl auxiliary duties of customs78 amendment of section 2779 amendment of section 11580 amendment of section 156 excise81 amendment of act 5 of 198682 special duties of excise83; amendment of act 58 of 195784 provision as to additional duties of excise on cotain varietiesof sugar in relation to a cotain poiod and validation chapter v miscellaneous85 amendment of act 74 of 195686 amendment of act 57 of 197287 amendment of act 11 of 198388 amendment of act \ of 1988the first schedule the second schedule the third schedule the fourth schedule bill no is of 19 8 8 the finance bill, 1988 a billto give effect to the financial proposals of the central governmentfor the financial year 1988-89be it enacted by parliament in the thirty-ninth year of the republic of india as fouows;- chapteri preliminary1(1) this act may be called the finance act, 1988 shoit title and conmace-5 (2) save as otherwise provided in this act, sections 2 vo 15 and sections 86 to 88 shall be deemed to have come into force on the 1st day of april, 1988 chapter n r ates of incom e-tax2(1) subject to the provisions of sub-sections c2) and (3), for the assessment year income-tax 10 commencing on the 1st day of april, 1988, income-tax shall be charged at the rates specified in part i of the first schedule and shall be increased,—(a) in the cases to which paragraphs a, b, c and d of that part apply, by a surcharge for purposes of the union; and(b) in the cases to which paragraph e of that part applies, by a surcharge,15 calculated in each case in the manner provided therein(2) in the cases to which sub-paragraph i or sub-paragraph ii of paragraph a of part i of the first schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding six hundred rupees, in addition to total income, and the total income exceeds,-(i) in a case to which the said sub-paragraph i applies, eighteen thousand rupees, and20 (u) in a case to which the said sub-paragraph n applies, twelve thousand rupees,then,-(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after,-25 (i) in a case to which the said sub-paragraph i applies, the first eighteen thousandrupees, and(ii) in a case to which the said sub-paragraph ii applies, the first twelve thousand rupeesof the total income but without being liable to tax], only for the purpose of charging incometax in respect of the total income; and(b) the income-tax chargeable shall be calculated as follows:-(i) the total income and the net agricultural income shall be aggregated and the amount of income-tax shall be determined in respect of the aggregate income at the rates qjecihed in sub-paragraph i or, as the case may be, sub-paragraph n of the said paragraph a, as if such aggregate income were the total income;(u) the net agricultural income shall be increased,-10(a) in a case to which the said sub-paragraph i applies, by a sum of eighteen thousand rupees; and(b) in a case to which the said sub-paragraph ii applies, by a sum of twelve thousand rupees, and the amount of income-tax shall be detomined in respect of the net agricultural income as so increased at the rates q>ecified in sub-paragraph i or, as the case may be, sub-paragraph n of the said paragraph a, as if the net agricultural income as so increased were the total 15income;(iii) the amount of income-tax determined in accordance with sub-clause (0 shall be reduced by the amount of income-tax determined in accordance with sulxlause (ii) and the sum so arrived at shall be the income-tax in respect of the total income:provided that the amount of income-tax so arrived at shall, in the case of every person 20having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of five per cent of such income-tax and the sum so arrived at shall be the income-tax in respect of the total income(3) in cases to which the provisions of chapter xii or chapter xii-a or sub-section cm)of section 161 or section 164 w section 164a or section 167a of the income-tax act, 1%1 25 43 of ii(hereinafter referred to as the income-tax act) apply, the tax chargeable shall be determined as provided in that chapter or that section, and with reference to the rates imposed by sub-section (1)(h the rates as specified in that chapter or section, as the case may be:provided that in respect of any income chargeable to tax under section 115b or section 1isbb of the income-tax act, the income-tax computed under section 115b or section 115bb shall'be 30increased by a surcharge for purposes of the union calculated at the rate of five per cent of such income-tax(4) in cases in which tax has lo be deducted under sections 193, 194, 194a, 194b, 194bb,194d and 195 of the income-tax act at the rates in force, the deduction shall be made at the rates specified in part ii of the first schedule and shall be increased,— 35(a) in the cases to which the provisions of sub-item (a) of item 1 of that part apply, by a surcharge fw purposes of the union; and(b) in the cases to which the provisions of sub-item (a) of item 2 of that part apply, by a surcharge, calculated in each case in the manner provided therein 400} in cases in which tax has to be deducted undo^ section 194c of the income-tax act, the deduction shall be made at the rates specified in that section and shall be increased by a surcharge f<x purposes of the unim calculated at dte rate of five per cent of such deduction(6) in cases in which tax has to be collected under section 206c of the income-tax act the collection diall be made at the rate specified in diat section and shall be increased by a surcharge 45 for purposes of the union calculated at the rate of five per cent of such collection(7) subject to the provisions of sub-section (8), in cases in which income-tax has to be calculated under the first proviso to sub-section (5) of section 132 of the income-tax act or charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub­section (2) of section 176 of the said act or deducted under section 192 of the said act from5 income chargeable undo- the head "salaries" or deducted undct sub-section (1) of section 194e of the said act from any paymentrefmed to in the said sub-section (1) or in which the "advance tax" payable under ch^ter of the said act has to be computed, at the rate or rates in force, such inc6me-tax or, as the case may be, "advance tax" shall be so calculated, charged, deducted or computed at the rate or rates specified in part m of the first schedule and shall be increased,—10 (a) in the cases to which paragraphs a, b and c of that part apply, by a surcharge forpurposes of the union; and(b) in the cases to which paragraph d of that part applies, by a surcharge,calculated in each case in die manner provided therein:provided that in cases to which the provisions of chapta xu or chapter xii-a or sub-section15 fja) of section 161 or section 164 or section 164a or section 167a or section 167b of the income-tax act apply, "advance tax" shall be computed with reference to ihe rates imposed by this sub-section or the rates as specified in that ch^ter or section, as the case may be:provided further that in respect of any income chargeable to tax undo section usb of the income-tax act, the "advance tax" computed under the first proviso sjjall be increased by a20 surcharge for purposes of the union calculated at the rate of five per cent of such "advance tax"(8) in the cases to which sub-paragraph i or sub-paragraph ii of paragraph a of part m of the first schedule applies, where the assessee has, in the previous year or, if by virtue of any provision of the income-tax act, income-tax is to be charged in respect of the income of a period other than the previous year, in such other period, any net agricultural income exceeding six25 hundred nq)ees, in addition to total income and the total income exceeds,-(i) in a case to which the said sub-paragr^h i applies, eighteen thousand rupees, and (u) in a case to which the said sub-paragra;^ ii implies, twelve thousand nq>ees,then, in calculating income-tax under the first proviso to sub-section (5) of section 132 of the income-tax act or in charging income-tax under sub-section (2) of section 174 or section 175 or30 sub-section (2) of section 176 of the said act or in computing the "advance tax" payable under chapter xvn-c of the said act, at the rate or rates in fc»ce,-(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after,-35 (i) in a case to which the said sub-paragr^h i ai^lies, the first eighteen diousand rupees,and(u) in a case to which the said sub-paragraph ii applies, the first twelve diousand rupeesof the total income but without being liable to tax], only for the purpose of calculating, charging or computing such income-tax or, as the case may be, "advance tax" in respect of the total income;40 and of) such income-tax or, as the case may be, "advance tax" shall be so calculated, charged or computed as follows:-(i) the total income and the net agricultural income shall be aggregated and the anount of income-tax or "advance tax" shall be determined in respect of the aggregate income at the rates45 specified in sub-paragn^ i or, as die cue may be, sub-paragraph n of the said paragraph a, as if such aggregate income were the total income;(u) the net agricultural income shall be increased,—(a) in a case to which the said sub-paragraph i applies, by a sum of eighteen thousand rupees; and(b) in a case to which the said sub-paragr^q^h ii applies, by a sum of twelve thousand rupees, and the amount of income-tax or "advance tax" shall be determined in respect of the net agricultural income as so increased at the rates specified in the said sub-paragraph i or, as the case may be, the said sub-paragr^^ ii as if the net agricultural income as so increased were the total income;(iii) the amount of income-tax or "advance tax" determined in accordance with sub- 10 clause (i) shall be reduced by the amount of income-tax or, as the case may be, "advance tax" determined in accordance with sub-clause (u) and the sum so arrived at shall be the income-tax or, as the case may be, "advance tax" in respect of the total income:provided that the amount of income-tax or "advance tax" so arrived at shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a 15surcharge for purposes of the union calculated at the rate of five per cent of such income-tax or, as the case may be, "advance tax" and the sum so arrived at shall be the income-tax or, as the case may be, "advance tax" in respect of the total income(9) for the purposes of this section and the first schedule—(co "company in which the public are substantially interested" means a company within the 20 meaning of clause {18) of section 2 of the income-tax act, and includes a subsidiary of such company if the whole of the share capital of such subsidiary company has been held by the parent company or by its nominees throughout the previous year;(b) "domestic company" means an indian company, or any other company which, in respect of its income liable to income-tax under the income-tax act for the assessment year 25commencing on the 1st day of april, 1988, has made the prescribed arrangements for the declaration and payment within india of the dividends (including dividends on preference shares) payable out of such income in accordance with the provisions of section 194 of the act;(c) "insurance commission" means any remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business (including business 30 relating to the continuance, renewal or revival of policies of insurance);(co "investment company" means a company whose gross total income (as defmed in section 80b of the income-tax act) consists mainly of income which is chargeable under the heads "interest on securities", "income from house property", "capital gains" and "income from other sources"; 35(e) "net agricultural income", in relation to a person, means the total amount of agricultural income, from whatever source derived, of that person computed in accordance with the rules contained in part iv of the first schedule;(f) "tax-free security" means any security of the central government issued or declared to be income-tax free, or any security of a state government issued income-tax free, the income-tax 40 whereon is payable by the state government;(g) "trading company" means a company whose business consists mainly in dealing in goods or merchandise manufactured, produced or processed by a person other than that company and whose income attributable to such business included in its gross total income (as defined in section 80b of the income-tax act) is not less than fifty-one per cent, of the amount of such 45 gross total income;(h) all other words and expressions used in this section or in the first schedule but not defined in this sub-section and defined in the income-tax act shall have the meanings respectively assigned to them in that act3 in section 2 of the income-tax act, after clause (28a), the following clause shall be inserted amendment 5 with effect from the 1st day of april, 1989, namely:- of section2\28b) "interest on securities" means —(i) interest on any security of the central government or a state government;(ii) interest on debentures or other securities for money issued by or on behalf of a local authority or a company or a corporation established by a central, state or provincial act;'104 in section 10 of the income-tax act,—amendment of section 10(a) in clause (6), —(i) for sub-clauses (ii) to (v), the following sub-clause shall be substituted with effect from the 1st day of april, 1989, namely:-15"(ii) the remuneration received by him as an official, by whatever name called, of an embassy, high commission, legation, commission, consulate or the trade representation of a foreign state, or as a member of the staff of any of these officials, for service in such capacity:20provided that the remuneration received by him as a trade commissioner or other official representative in india of the government of a foreign state (not holding office as such in an honorary capacity), or as a member of the staff of any of those officials, shall be exempt only if the remuneration of the corresponding officials or, as the case may be, members of the staff, if any, of the government resident for similar purposes in the country concerned enjoys a similar exemption in that country:25provided further that such members of the staff are subjects of the country represented and are not engaged in any business or profession cm employment in india otherwise than as members of such staff;";(ii) in sub-clause (viia),—(1) in the opening paragraph, the brackets, words, figures and letters "(commencing from a date after the 31st day of march, 1971)" shall be omitted;30(2) in item (a), for the brackets, letter and words "(a) such remuneration due to or received by him", the following shall be substituted, namely:-"(i) where such services commence from a date after the 31st day of march, 1971, but before the 1st day of april, 1988, —(a) such remuneration due to or received by him ";35(3) in the proviso, for the words "provided that", the following shall be substituted, namely:-1 of 195640'(ii) where such services commence from a date after the 31st day of march, 1988, the tax on his income chargeable under the head "salaries" paid to the central government by the employer (which tax, in the case of an employer, being a company, may be paid notwithstanding anything contained in section 200 of the companies act, 1956), the tax so paid by the employer for a period not exceeding forty-eight months commencing from the date of his arrival in india:provided that where he continues, with the approval of the central goverapent, such approval being obtained before the 1st day of october of the relevant assessment yw , to remain in employment in india after the expiiy of the period of twenty-four months commencing fiom die date of his anival in india:provided further that';(b) in clause (da), in ^explanation, for the words tor the purposes (rf this ctamae"the w(»ds, ihackbts, figure and letter "for the purposes of this clause and clause (6b)" diau be 5 substituted;(c) after clause c6a), the following clause shall be inserted, namdy:-"(6b) where in the case of a non-resident (not being a company) or of a f(vagn company dmving income (not being salary, royalty or fees for technical services) fian government or an indian concon in pursuance of an agreement entered into by the central govonmentwidi lo the government of a foreign state (v an intonational organisation, the tax on such income is payable by government or the indian concern to the central government undct the toms of that agrement or any other related agrement approved by the central govoronent, the tax so paid;";(d^ in clause (75), after sub-clause (iib), the following sub-clause shall be inserted with is effect firom the 1st day of april, 1989, namely"(he) in the case of an individual or a hindu undivided family, intoest on such reliefbonds as the coitral govemmoit may, by notification in the official gazette, specify in this behalf;":(e) in clause (20), the words' "interest on securities",' shall be omitted with effect from 20 the 1st day of april, 1989;(f) in clause (25a), the words' "interest on securities''or shiall be omitted with effect from the 1st day of april, 1989;(g) in clause (23d) [as inserted by clause (m) of section 6 of the direct tax laws(amendment) act, 1987],— 25 4 of 1988(i) for the words "any income fiom", the words "any income op shall be substituted;(tt) for the words "the income from the mutual fund shall be distributed to the unit holders", the words "such income shall be distributed to the holdo's of its units" shall be substituted;(h) in clause (24), the words ' "interest on securities",' shall be omitted with effect fiom 30 the 1st day of april, 1989:(i) after clause (30), the following clause shall be inserted with effect fiom the 1st day of april, 1989, namely'(31) in the case of an assessee who carries on the business of growing and manufacturing rubber, coffee, cardamom or such other commodity in india, as the central 35 government may, by notification in the official gazette, specify in this behalf, the amount of any subsidy received from or through the concerned board under any such scheme for replantation or replacement of rubber plants, coffee plants, cardamom plants or plants for the growing of such other commodity or for rejuvenation or consolidation of areas used for cultivation of rubber, coffee, cardamom or such other commodity as the central govonment 40 may, by notification in the official gazette, specify:provided that the assessee furnishes to the assessing officer, along with his return of income for the assessment year concerned or within such further time as the assessing officer may allow, a certificate from the concerned board, as to the amount of such subsidy paid to the assessee during the previous yearexplanation,— in this clause, "concemed board" means —24 of 1947in reuukm to rubber, the rubba board constituted under section 4 of the rubber act, 1947,7 of 1942(ii) in relation to cocfee, the coffee board constituted under section 4 of the coffee act, 1942,10 1986(hi) in relation to cardamom, the spices board constituted under section 3 of the spices board act, 1986,10(iv) in relation to any other commodity qiecified undo'this clause, any board or othoauthority established under any law for &e time being in force which the central government may by notification in the official gazette q)ecify in this behalf'5 in section loa of the income-tax act, with effect fitom the 1st day of april, 1989, —amendment of section loa15fo) in sub-section (7), fot the words, brackets and figures 1>efore the expiry of the time allowed under sub-section (i) or sub-section (2) of section 139, whetha fixed originally or on extension, for furnishing the return of income", the words, brackets and figures "before the due date for furnishing the return of income under sub-section (1) of section 139" shall be substituted;(b) in sub-section (8) [as inserted by section 126 of the direct tax laws (amendment)4 of 1988 act, 1987],—20(i) for the words "in this section", the words, brackets and figure "in sub-section (5)" shall be substituted;(ii) for the words "purposes of this section", the words "purposes of that sub-section" shall be substituted6 after section loa of the income-tax act, the following section shall be inserted with effect ftom the 1st day of april, 1989, namely25 'lob (1) subject to the provisions of this section, any profits and gains derived by an assessee from a hundred po- cent export-oriented und»taking (hereaftct in this section referred to as the undertaking) to which this section implies shall not be included in the total income of the assessee(2) this section applies to any undertaking which fulfils all the following conditions,30 namely:-(i) it manufactures or produces any article or thing;insertion of new section lobspecial provision in respect of newly established hundred per cent, exportoriented under­ takings(ti) it is not formed by the splitting up, or the reconstruction, of a business already in existence:provided that this condition shall not j()ply in respect of any undertaking which is formed35 as a result of the re-establishment, reconstruction or revival by the assessee of the business ofany such industrial undertaking as is referred to in section 33b, in the circumstances and within the period specified in that section;(hi) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose40 explanation— the provisions of explanation 1 and explanation 2 to sub-section (2) of section 80-1 shall apply for the purposes of clause (iii) of this sub-section as they apply for the purposes of clause (ii) of that sub-section(3) the profits and gains referred to in sub-section fi) shall not be included in the total income of the assessee in respect of any five consecutive assessment years, falling within a45 period of eight years beginning with the assessment year relevant to the previous year in whichthe undertaking begins to manufacture ot produce articles or things, specified by the assessee his option:provided that nothing in this sub-section shall be construed to extend the aforesaid five assessment years to cover any period after the expiry of the said period of eight years(4) notwithstanding anything contained in any other provision of this act in computing the total income of the assessee of the previous year relevant to the assessment year immediately succeeding the last of the relevant assessment years, or of any previous year 5 relevant to any subsequent assessment year, —(i) section 32, section 32a, section 33 and clause (ix) of sub-section (i) of section 36 shall apply as if every allowance or deduction referred to therein and relating to or allowable for any of the relevant assessment years, in relation to any building, machinery, plant or furniture used for the purposes of the business of the undertaking in the previous year 10 relevant to such assessment year or any expenditure incurred for the purposes of such business in such previous year had been given full effect to for that assessment year itself and accotdingly sub-section (2) of section 32, clause (ii) of sub-section (3) of section 32a clause (ii) of sub-section (2) of section 33 or the second proviso to clause (ix) of sub­section of section 36, as the case may be, shall not apply in relation to any such 15 allowance or deduction;(u) no loss referred to in sub-section (7) of section 72 or sub-section (1) or sub-section(3) of section 74, in so far as such loss relates to the business of the undertaking, shall be carried forward or set off where such loss relates to any of the relevant assessment years;(hi) no deduction shall be allowed under section 80hh or section 80hha or section 20 80-1 in relation to the profits and gains of the undertaking; and(iv) in computing the depreciation allowance under section 32, the written down value of any asset used for the purposes of the business of the undertaking shall be computed as if the assessee had claimed and been actually allowed the deduction in respect of depreciation for each of the relevant assessment years 25(5) where the undertaking has begun to manufacture or produce articles or things in any previous year relevant to the assessment year commencing before the 1st day of april 1989 the assessee may at his option, l)efore the due date fcm furnishing the return of his income uader sub-section (1) of section 139 for the assessment year commencing on the 1st day of april,1989 furnish to the assessing officer a declaration in writing that the provisions of sub- 30 section (i) may be made applicable to him for each of the relevant assessment years as reduced by the number of assessment years which expired before the 1st day of april, 1989, and if he does so, then, the provisions of sub-section (1) shall apply to him for each of such relevant assessment years and the provisions of sub-section (4) shall also apply in computing the total income of the assessee for the assessment year immediately succeeding the last of the relevant assessment years and any subsequent assessment year 35(6) the provisions of sub-section (s) and sub-section (9) of section 80-1 shall, so far as may be, apply in relation to the undertaking referred to in this section as they apply for the purposes of the industrial undotaking referred to in section 80-1(7) notwithstanding anything contained in the foregoing provisions of this section, where the assessee, before the due date for furnishing the return of his income under sub-section (1) of 40 section 139, furnishes to the assessing officer a declaration in writing that the provisions of this section may not be made 2q)plicable to him, the provisions of this section shall not apply to him for any of the relevant assessment yearsexplanation,- for the purposes of this section,—(i) "hundred per cent export-oriented undertaking" means an undertaking which has been 45 approved as a hundred per cent, export-cmented undertaking by the board sqppointed in this behalf by the central government in exctcise of the powers conferred by section 14 of the industries (development and regulation) act, 1951, and the rules made under that act; 1^^^(ii) "relevant assessment years" means the five consecutive assessment years specified by the assessee at his option under sub-section (s);(iii) "manufacture" includes any—(a) process, ors 0>) assembling, or(c) recording of programmes on any disc, perforated media or otha information stonge device'7 in section 13a of the income-tax act, the w<hx1s ' "interest on securities",' shall be omitted amendmeai with effect firom the 1st day <rf apiil, 1989ldjkm10 8 in section 14 of the income-tax act, the letter and words "b-interest on securities" shall amendment be (mnitted with effect fiom the 1st day of april, 1989 section149 in section 16 of the income-tax act, in clause for the portion beginning with the words amendment"a sum equal to" and ending with the words "whichever is less", the following shall be substituted of section with effect from the 1st day of april, 1989, namely:— 16-is "a sum equal to thirty-three and one-third per cent, of the salary or twelve thousand rupees,whichever is l«s"10 secticms 18 to 21 of the income-tax act and the sub-heading ' "b— interest on 0 «>ission secwities" - above section 18 shall be omitted widi effect fixjm the 1st day of april, 1989, °g11 in section 40 of the income-tax act, with effect firom the 1st day of april, 1989,— amendment of section 4020 (i) in clause (a), for sub-clause (i), the following sub-clause shall be substituted, namely:—'(i) any interest (not being interest on a loan issued for public subscription before the 1st day of april, 1938), royalty, fees for technical sctvices or other sum chargeable under this act, which is payable outside india, on which tax has not been paid or deducted undo chapter 25 xvn-b:provided that where in respect of any such sum, tax has been paid or deducted under chapter xvii-b in any subsequent year, such sum shall be allowed as a deduction in computing th^ income of the previous year in which such tax has been paid or deductedexpumadon— for the purposes of this sub-clause,—30 (a) "royalty" shall have the same meaning as in £xp/anan'on 2 to clause fvi) of sub­section (1) of section 9;(b) "fees for technical services" shall have the same meaning as in explanation 2 to clause (vii) of sub-section (1) of section 9;';(u) clause (d) shall be omitted35 12 in section 43b of the income-tax act [as amended by section 15 of the direct tax laws amend-4 of 1988 (amendment) act, 1987], with effect fiom the 1st day of april, 1989,— mnent of section(i) for clause ('a), the following clause shall be substituted, namely:—"(a^ any sum payable by the assessee by way of tax, duty, cess or fee, by whatever name called, under any law for the time being in force, or";40 (ii) in clause fc), the word "or" shall be inserted at the end;(hi) after clause (c), the following clause shall be inserted, namely:—any sum payable by the assessee as interest on any loan or borrowing from any public finaroial institution, in accordance with the terms and conditions of the agreement governing such loan or borrowing,";(fv) in the first proviso, after the word, brackets and letter "clause (cy\ brackets and lettm-"or clause ((fr shall be insmed;the words(v) after explanation 2, the following explanation shall be inserted, namely:—1 of 1956'explanation 3— for the purposes of this section, the expression "public financial institution" shall have the meaning assigned to it in section 4a of the companies act, 1956; 1013 after section 43b of the income-tax act, the following section shall be inserted, namely:—insertion of new scction 43cspecial provision for compu­ tation of cost of acquisition of certain assets"43c (1) whoe an asset which becomes the property of an amalgamated company undo' a scheme of amalgamation, is sold after the 29th day of february, 1988, by the amalgamated company as stock-in-trade of the business carried on by it, the cost of acquisition of the said 15asset to the amalgamated company shall be the cost of acquisition of the said asset to the amalgamating company, as increased by the cost, if any, of any imjmovement made thctelo, and the expenditure, if any, incurred, wholly and exclusively in connection with such transfer by the amalgamating company(2) where an asset which becomes the property of the assessee on the total or partial 20partition of a hindu undivided family or under a gift or will or an irrevocable trust, is sold after the 29th day of february, 1988, by the assessee as stock-in-trade of the business carried on by him, the cost of acquisition of the said asset to the assessee shall be the cost of acquisition of the said asset to the transferor or the donor, as the case may be, as increased by the cost, if any, of any improvement made thereto, and the expenditure, if any, incurred, wholly and exclusively 25in connection with such transfer (by way of effecting the partition, acceptance of the gift, obtaining probate in respect of the will or the creation of the trust), including the payment of gift-tax, if any, incurred by the transferor or the donor, as the case may be"14 in section 44ab of the income-tax act, with effect from the 1st day of april, 1989,—amendment of section 44 ab(a) in clauses (a) and (b), the wchds, figures and letters "or years relevant to the assess- 30 ment year commencing on the 1st day of april 1985, or any subsequent assessment year" shall be omitted;(b) for the words "such previous year or years", the words "such previous year" shall be substituted;(c) in the explanation, for clause (ii), the following clause shall be substituted, 35 namely:—'(ii) "specified date", in relation to the accounts of the previous year relevant to an assessment year means,—((^ whcte the assessee is a company, the 31st day of december of the assessment year; 40(b) in any other case, the 31st day of october of the assessment year'insertion of 15 after section 44ab of the income-tax act, the following section shall be inserted with44ac^^^°^ effect from the 1st day of april, 1989, namely:—'44ac (i) notwithstanding anything to the contrary contained in sections 28 to 43b, in the case of an assessee, being a person (hereafter in this section referred to as the buyer) obtaining in any sale by way of auction, tender or any other mode, conducted by any other 45 person or his agent (hereafter in this section referred to as the seller),—fe) the right to receive any goods in the nature of alcoholic liquor for human consumption (other than indian-made foreign liquor); or special provision for compu­ting profits and gains from the business of trading in certain goods(b) any forest produce, scrap or waste, yhether industrial or non-industrial, or such other goods as the central government may, by notification in the official gazette, specify in this behalf,a sum equal to sixty pei cent of the amount paid or payable by the buyer in respect of such sale 5 shall be deemed to the profits and gains of the buyer from the business of trading in suchgoods chargeable to tax under the head "profits and gainsof business or {vofession":provided that nothing in this sub-section shall apply to any class of sales which the central govonment may, having regard to the smallness of the amount involved in such sales, the nature of the goods or other factors, by notification in the official gazette, specify10 (2) for the removal of doubts, it is hereby declared that the provisions of sub-section (1)shall not i^>ply to a buyer in the further sale of any goods obtained undfer or in pursuance of the sale under sub-section (1)explanation— for the purposes of this section, "seller" means the central government, a state government or any local authority or corporation or authority established by or under a central, state or provincial act, or any company'16 in section 44bb of the income-tax act, in sub-section (1), in the opening paragraph, for amendment the words "in the case of an assessee", the words "in the case of an assessee, being a non-resident," of section shall be substituted and shall be deemed to have been substituted with effect from the 1st day of 44bb april, 198320 17 in section 47 of the income-tax act, after clause (v), the following proviso shall be amendmentinserted, namely:— - of section"provided that nothing contained in clause cjv) or clause shall apply to the transfer of a capital asset made after the 29th day of february, 1988, as stock-in-trade"18 in section 56 of the income-tax act, in sub-section (2>, after clause (ic) (as inserted by amendment i of 1987 25 section 26 of the finance act, 1987), the following clause shall be inserted with effect from the of section1st day of april, 1989, namely:—'(id) income by way of interest on securities, if the income is not chaigeable to income-tax under the head "profits and gains of business or profession";'19 in section 57 of the income-tax act, with effect from the 1st day of april, 1989,— amendment of section30 (a) in clause fo, —(1) after the word "dividends", the words "or interest on securities" shall be inserted;(2) after the words "such dividend", the wcffds "or interest" shall be inserted;(b) the explanation shall be omitted20 in section 58 of the income-tax act, in sub-section (]), with effect from-the 1st day of amendment35 april, 1989,—((^ in clause fa), in sub-clause (h), the words and figures "and in respect of which there is no person in india who may be treated as an agent under section 163" shall be omiued;(b) clause (b) shall be omitted21 in section 79 of the income-tax act, with effect from the 1st day of april, 1989,— amendment of section7940 (al in clause (a), the word "or" occurring at the end shall be omitted;(b) clause (b) shall be omittedamendment of section 80cc22 in section 80cc of the income-tax act, in sub-section {!), after the words "eligible issue of capital,", the words, brackets, figures and letter "or units of any mutual fund specified under clause (23 d) of section 10 if such fund subscribes only to eligible issue of capital," shall be inserted with effect from the 1st day of april, 198923 for section 80cca of the income-tax act (as inserted by section 34 of the finance act, 51987), the following section shall be substituted, namely:— of 1987substitu­tion of new section for section 80cca80cca (]) where an assessee, being—(a) an individual, or(b) a hindu undivided family, or deduction in respect of deposits under national savings scheme or payment to a deferred annuity plan(c) an association of persons or a body of individuals consisting, in either case, only of 10 husband and wife governed by the system of community of property in force in the state of goa and the union territories of dadra ancjh&gar haveli and daman and diu, has in the previous year—(i) deposited any amount in accordance with such scheme as the central government may, by notification in the official gazette, specify in this behalf (hereafter in this section 15referred to as the national savings scheme); or(ii) paid any amoimt to effect or to keep in force a contract for such deferred annuity plan of the life insurance corporation as the central government may, by notification in the official gazette, specify, out of his income chargeable to tax, he shall, in accordance with, and subject to, the provisions 20of this section, be allowed a deduction in the computation of his total income of the whole of the amount deposited or paid (excluding interest or bonus accrued or credited to the assessee's account, if any) as does not exceed the amount of twenty thousand rupees in the previous yearprovided that in relation to the assessment year commencing on the 1st day of april, 1989 and subsequent assessment years, this sub-section shall have effect as if for the words "twenty 25thousand rupees", the words "thirty thousand rupees" had been substituted(2) where any amount—(a) standing to the credit of the assessee under the national savings scheme in respect of which a deduction has been allowed uner sub-section (1) together with the interest accrued on such amount is withdrawn in whole or part in any previous year, or 30(b) is received on account of the surrender of the policy or as annuity or bonus in accordance with the deferred annuity plan of the life insurance corporation in any previous year,35an amount equal to the whole of the amount referred to in clause (a) or clause (b) shall be deemed to be the income of the assessee of that previous year in which such withdrawal is made or as the case may be, amount is received, and shall, accordingly, be chargeable to tax as the income of that previous yearexplanation i —for the removal of doubts, it is hereby declared that interest on the deposits made under the national savings scheme shall not be chargeable to tax except in the manner and to the extent specified in sub-section (2) 40explanation ii— for the purposes of this section, "life insurance corporation" shall have the same meaning as in clause {a) of sub-section (8) of section 80c'24 in section 80hhc of the income-tax act, with effect from the ist day of april, 1989,— amendmentof section80hh c(a) for sub-section (1), the following sub-sections shall be substituted, namely:—'yij where an assessee, being an indian company or a person (other than a company) resident in india, is engaged in the business of export out of india of any goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of the whole of the income derived by the assessee from the export of such goods or merchandise:provided that if the assessee, being a holder of an export house certificate or a trading 10 house certificate, (hereafter in this section referred to as an export house or a trading house, as the case may be,) issues a certificate referred to in clause (b) of sub-section (4a), that in respect of the amount of the export turnover specified therein, the deduction under this sub-section is to be allowed to a supporting manufacturer, then the amount of deduction in the case of the assessee shall be reduced by such amount which bears to the total 15 profits of the export business of the assessee the same proportion as the amount of export turnover specified in the said certificate bears to the total export turnover of the assessee(la) where the assessee, being a supporting manufacturer, has during the previous year, sold goods or merchandise to any export house or tading house in respect of which the export house or trading house has issued a certificate under the proviso to sub-section (1), 20 there shall, in accordance with and subject to the provisions of this section, be allowed in computing the total income of the assessee, a deduction of the whole of the income derived by the assessee from the sale of goods or merchandise to the export house or trading house in respect of which the certificate has been issued by the export house or trading house";(b) after sub-section (3), the following sub-section shall be inserted, namely:—25 '(3a) for the purposes of sub-section (la), profits derived by a supportingmanufacturer from the sale of goods or merchandise shall be,—30(a) in a case where the business carried on by the supporting manufacturer consists exclusively of sale of goods or merchandise to one or more export houses or trading houses, the profits of the business as computed under the head "profits and gains of business or profession";(b) in a case where the business carried on by the supporting manufacturer does not consist exclusively of sale of goods or merchandise to one or more export houses or trading houses, the amount which bears to die profits of the business (as computed under the head "profits and gains of business or profession") the same proportion as the turnover35 in respect of sale to the respective export house or trading house bears to the total turnover of the business carried on by the assessee';(c) after sub-section (4), the following sub-section shall be inserted, namely:—"(4a) the deduction under sub-section (la) shall not be admissible unless the supporting manufacturer furnishes in the prescribed form along with his return of income,—(a) the report of an accountant, as defined in the explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed on the basis of the income of the suporting manufacturer in respect of his sale of goods or merchandise to the export house or trading house; and(b) a certificate from tlie export house or trading house containing such particulars45 as may be prescribed and verified in the manner prescribed that in respect of the export turnover mentioned in the certificate, the export house or trading house has not claimed the deduction under this section:provided that the certificate specified in clause {b) shall be duly certified by the auditor auditing the accounts of the export house or trading house under the provisions of this act or under any other law":(d) in tiic explanation, after clause fc), the following clauses shall be inserted, namely:—'(d) "export house certificate" or "trading house'certificate" means a valid export 5 house certificate or trading house certificate, as the case may be, issued by the chief controller of imports and exports, gov«nment of india;(e) "supporting manufacturer" means a person being an indian company or a person(other than a company) resident in india, manufacturing goods or merchandise and selling such goods or merchandise to an export house or a trading house for the purposes of 10 export'amendment 25 in section sol of the income-tax act, in sub-section (1), with effect from the 1st day of of aprfl, 1989,—section 80l(a) after clause (hi), the following clause shall be inserted, namely:—"(uia) interest on deposits under the post office (mojithly income account) rules, 15 1987;";(b) in clause fvi7), —(i) in the opening paragraph, the words "or with a public company formed and regist^ed in india with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in india for residential purposes" shall be omitted; 20(ii) in the proviso, the words "or, as the case may be, the company" shall be omitted;(c) after clause (ix), the following clause shall be inserted, namely:—'(x) interest on deposits with, or dividend received from, any public company formed and registered in india with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in india for residential purposes: 25provided that the company is for the time being approved by the central government for the purpose of clause (viii) of sub-section (1) of section 36,";(d) for the first and second provisos, the following provisos shall be substituted, namely:—"provided that where the gross total income of the assessee includes any income by way of interest on any deposits referred to in clause (iia), or income in respect of units referred to in clause or clause or income by way of interest or dividend referred to in clause there sh^l be allow^ in computing the total income of the assessee, a further deduction of an amount equal to so much of such income as has not been allowed by way of deduction under the foregoing provisions of this sub-section; so, however, that the amount of such further deduction shall not exceed three thousand rupees: 35provided further that where any income by way of interest on any deposits referred to in clause (iia) or any dividends referred to in clause (iv) remains unallowed after the deduction under the foregoing provisions of this section, there shall be allowed in computing the total income of the assessee, an additional deduction of an amount equal to so much of such income as has remained unallowed; so, however, that the amount of such additional deduction 40shall not exceed three thousand rupees"amendment 26 in section 80-0 of the income-tax act (as amended by section 36 of the finance act, of section 1987),— (a) in the caning paragraph,—(i) for the words "under an agreement approved by the board in this behair, the words"under an agreement approved in this behalf by the chief commissioner or the director general" shall be substituted with effect from the 1st day of april, 1989;(ii) for the portion beginning with the words "and such income is received in convertible foreign exchange" and ending with the words "in computing the total income of the assessee", the following shall be substituted, namely:—10"and such income is received in convertible foreign exchange in india, or having been received in convertible foreign exchange outside india, or having been converted into convertible foreign exchange outside india, is brought into india, by or on behalf of the assessee in accordance with any law for the time being in force fcm regulating payments and dealings in foreign exchange, there shall be allowed, in accordance with and subject to the provisions of this section, a deduction of an amount equal to fifty per cent, of the income so received in, or brought into, india, in computing the total income of the assessee";15(b) for the first and second provisos, the following provisos shall be substituted with effect from the 1st day of april, 1989, namely:—"provided that the application for the s^proval of the agreement referred to in this section is made to the chief commissioner or, as the case may be, the director general in the prescribed form and verified in the prescribed manner before the 1st day of october of the assessment year in relation to which the s^proval is first sought:2025provided further that the approval of the chief commissioner or, as the case may be, the director general shall not be necessary in the case of any such agreement which has been approved for the purposes of the deduction under this section by the central government before the 1st day of april, 1972, or by the board before the 1st day of april, 1989, and every application for such approval of any such agreement pending with the board immediately before the 1st day of april, 1989 shall stand transferred to the chief commissioner or the director general for disposal:"amendment of section sop27 in section 80p of the income-tax act, in sub-section (2), in clause (f), the words and figures "chargeable under section 18" shall be omitted with effect from the 1st day of april, 19893028 section 86a of the income-tax act shall be omitted with effect from the 1st day of april, 198929 in section 89 of the income-tax act, sub-section (2) shall be omitted with effect from the 1st day of april, 19893530 section 112a of the income-tax act shall be omitted with effect from the 1st day of april, 1989omission of section 86aamendment of section 89omission of section 112a amendment of section 115b31 section 115b of the income-tax act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted with effect from the 1st day of april, 1989, namely:—40 45"'(2) notwithstanding anything contained in sub-section (1) or in any other law for the time being in force or any instrument having the force of law, the assessee shall, in addition to the payment of income-tax computed under sub-section (1), deposit, during the previous year relevant to the assessment year commencing on the 1st day of april, 1989, an amount equal to thirty-three and one-third per cent, of the amount of income-tax computed under clause (i) of sub-section (1), in such social security fund (hereafter in this sub-section referred to as the security fund), as the central government may, by notification in the official gazette, specify in this bahalf:50provided that where the assessee makes during the said previous year any deposit of an amount of not less than two and one-half per cent of the profits and gains of the life insurance business in the security fund, the amount of income-tax payable by the assessee under the said clause (i) shall be reduced by an amount equal to two and one-half per cent, of such profits and gains and, accordingly, the deposit of thirty-three and one-third per cent, required to be made under this sub-section shall be calculated on the income-tax as so reduced"32 in section 115f of the income-tax act, in sub-section (1), april, 1989,—with effect from the 1st day of amendment of section 115fco) in the opening portion,—(i) the w(xds "or deposited" shall be omitted;(u) the words, brackets, figure and letto- "ot in an account referred to in clause (4a)," shall be omitted;(iii) the words "or such deposit in the account aforesaid" shall be omitted;(b) in the explanation, in clause f/j, the words, taickets, figures and letter "refared to in clause (4a) of section 10 or" shall be omitted33 in section 131 of the income-tax act, with effect from the 1st day of june, 1988,—amendment of section 13110(a) in sub-section {la), for the words "if the assistant director of inspection", the words, brackets and figures "if the director general or director or deputy director ot assistant director, or the authorised officer referred to in sub-section (1) of section 132 before he takes action under clauses (i) to fvj of that sub-section," shall be substituted;15(b) in sub-section (3), in the proviso, in clause (b) [as amended by section 2 of the direct tax laws (amendment) act, 1987], for the words "the chief commissioner or commissioner therefor", the words "the chief commissioner or director general or commissioner or director therefor, as the case may be" shall be substituted34 in section 132 of the income-tax act, with effect from the 1st day of april, 1989,—amendment of section 132(a) in sub-section (i), after the proviso, the following proviso shall be inserted, namely:—"provided further that where it is not possible or practicable to take physical possession of any valuable article or thing and remove it to a safe place due to its volume, weight or other 20 physical characteristics or due to its being of a dangerous nature, the authorised officer may serve an order on the ownct or the person who is in immediate possession or control thereof that he shall not remove, part with or otherwise deal with it, except with the previous permission of such authorised officer and such action of the authorised officer shall be deemed to be seizure of such valuable article or thing under clause (hi)/'; 25(b) in sub-section (3), after the words "other valuable article or thing,", the words, brackets and figure "for reasons other than those mentioned in the second proviso to sub-section (1)/' shall be inserted35 in section 139 of the income-tax act, with effect from the 1st day of april, 1989,—amendment of section 13930(a) in sub-section (6a), after the words "require him to furnish", the words, figures and leiicrs "the report of any audit obtained under section 44ab, the" shall be inserted;(b) in the explanation below sub-section (9), after clause (b), the following clause shall be inserted, namely:—'\bb) the return is accompanied by the report of the audit obtained under section 44ab;"36 §ection 181 of the income-tax act and the sub-heading 'v-liability of state 35 governments'' above that section shall be omitted with effect from the 1st day of april, 1989omission of section 18137 in section 193 of the income-tax act, with effect from the 1st day of april, 1989,—amendment ofsection193(a) in the c^)ening paragr2q;)h, for the words 'chargeable und^ the head "interest on securities" the words "by way of interest on securities" shall be substituted;(b) in the proviso, clause shall be omitted 4038 in section 194c of the income-tax act, aft^ sub-section (2), the fouowing explanation shall be inserted with effect from the 1st day of june, 1988, namely:—amendment of s^tion 194c explanation,— for the purposes of this section, where any sum referred to m sub-section(1) or sub-section f2; is credited to any account, whether called "suspense account" or by any other name, in the books of account of the person liable to pay such income, such crediting 45shall be deemed to be credit of such income to the account of the payee and the provisions of this section shall apply accordingly'amendment of section 19539 in section 195 of the income-tax act, in the sub-section (2), for the words "in the prescribed manner", the words "by general or special order" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of march, 198840 after section 206b of the income-tax act, the following sub-heading and section shall be inserted with effect from the 1st day of june, 1988, namely:—insertion of new section 206c "bb—collection at source206c (1) every person, being a seller referred to in section 44ac, shall, at the time of 10 debiting of the amount payable by the buyer referred to in that section to the account of the buyer or at the time of receipt of such amount from the said buyer in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, collect from the buyer, a sum equal to twenty per cent, of such amount as income-tax on income comprised thereinprofits and gains from thebusiness oftrading in alcoholicliquor, forestproduce,scrap, etc(2) the power to recover tax by collection under sub-section (1) shall be without prejudice15 to any other mode of recovery(3) any person collecting any amount under sub-section (i) shall pay within seven days the amount so collected to the credit of the central government or as the board directs(4) any amount collected in accordance with the provisions of this section and paid under sub-section (3) shall be deemed as payment of tax on behalf of the person from whom the20 amount has been collected and credit shall be given to him for the amount so collected on the production of the certificate furnished under sub-section (s) in the assessment made under this act for the assessment year for which such income is assessable(5) every person collecting tax in accordance with the provisions of this section shall within ten days from the date of debit or receipt of the amount furnish to the buyer to whose25 account such amount is debited or from whom such payment is received, a certificate to the effect that tax has been collected, and specifying the sum so collected, the rate at which the tax has been collected and such other particulars as may be prescribed(6) any person responsible for collecting the tax who fails to collect the tax in accordance with the provisions of this section, shall, notwithstanding such failure, be liable to pay the tax30 to the credit of the central government in accordance with the provisions of sub-section (3) (7) without prejudice to the provisions of sub-section (6), if the seller does not collect the tax or after collecting the tax fails to pay it as required under this section, he shall be liable to pay simple interest at the rate of two per cent, per month or part thereof on the amount of such tax from the date on which such tax was collectable to the ^ te on which the tax was actually35 paid(8) where the tax has not been paid as aforesaid, after it is collected, the amount of the tax together with the amount of simple interest thereon referred to in sub-section (7) shall be a charge upon all the assets of the seller"41 in section 230a^of the income-tax act, in sub-section (j), for the words "fifty thousand 40 rupees", the words "two lakh rupees" shall be substitutedamendment of section 230a42 after section 245d of the income-tax act, the following section shall be inserted, namely:—insertion of new section 245dd"245dd (j) where, during the pendency of any proceeding before it, the settlement commission is of the opinion that for the purpose of protecting the interests of the revenue it 45 is necessary so to do, it may, by order, attach pro^ionally any property belonging to the applicant in the manner provided in the second schedule:power of settlement commission to order provisional attachment to protect revenueprovided that where a provisional attachment made under section 28ib is pending immediately before an 2q;)plication is made under section 24sc, an ord^ under this sub-section shall continue such provisional attachment up to ae period up to which an order made under section 28 ib would have continued if such application had not been made:provided further that where the settlement commission passes an order under this sub­section after the expiry of the period referred to in the preceding proviso, the provisions of sub­section (2) shall apply to such order as if the said order had originally been passed by the settlement commission(2) every provisional attachment made by the settlement commission under sub- 5 section (1) shall cease to have effect after the expiry of a period of six months from the date of the otder made under sub-section fi) :provided that the settlement commission may, for reasons to be recorded in writing, extend the aforesaid period by such further period or periods as it thinks fit, so, however, that the total period of extension shall not in any case exceed two years" 10 43 in section 246 of the income-tax act,—amendment of section246(a) in sub-section in clause fo), in sub-clause civa), after the word, figures and letter "^section 272b", the words, figures and letters ''or section 272bb" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of june, 1987;(b) in sub-section (2), in clause (a), the words, figures and letters "or an order under 15 section 104, as it stood immediately before the 1st day of april, 1988, in respect of any assessment for the assessment year commencing on the 1st day of april, 1987 or any earlier assessment years, made against the assessee, being a company" shall be inserted at the end44 in section 263 of the income-tax act, in sub-section (1), for tht explanation, the following explanation shall be substituted with effect from the 1st day of june, 1988, 20 namely:—amendment ofsection 263'explanation— for the removal of doubts, it is hereby declared that, for the purposes of this sub-section, —(a) an order passed by the assessing officer shall include —(i) an order of assessment made by the assistant commissioner or the income-tax 25 officer on the basis of the directions issued by the deputy commissioner under section 144a;(ii) an order made by the deputy commissioner in exercise of the powers or in the performance of the functions of an assessing officer conferred on, or assigned to, him under the orders or directions issued by the board or by the chief commissioner or 30 director general or commissioner authorised by the board in this behalf under section 120;(b) "record" includes all recwds relating to any p-oceeding under this act available at the time of examination by the commissioner;(c) where any order referred to in this sub-section and passed by the assessing officer had been the subject matter of any appeal, the powers of the commissioner under this sub- 35 section shall extend to such matters as had not been considered and decided in such appeal'amendmentof section 271b45 in section 27 ib of the income-tax act, after the words, figures and letters "or obtain a report of such audit as required under section 44ab", the words, brackets and figures "or furnish the said report along with the return of his income filed under sub-section (7) of section 139, or along with the return of income furnished in response to a notice under clause (i) of sub-section (1) of 40 section 142" shall be inserted with effect from the 1st day of april, 198946 after section 276b of the income-tax act, the following section shall be inserted with effect from the 1st day of june, 1988, namely:—insertion of new section 276bbfailure to pay the tax collected at source"276bb if a person fails to pay to the credit of the central government, the tax collected by him as required under the provisions of section 206c, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine"47 in section 279 of the income-tax act, with effect from the 1st day of april, 1989,— amendment of section(a) for sub-section (1), the following sub-section shall be substituted, namely :— 279\1) a person shall not be proceeded against for an offence under section 275a, section 276, section 276a, section 276b, section 276bb, section 276c, section 276cc, section 5 276d, section 277 or section 278 except with the previous sanction of the chief commissioner or director general or commissioner:provided that no such sanction shall be required if the prosecution is at the instance of the commissioner (appeals) or the ^propriate authorityexplanation— for the purposes of this section, "appropriate authority" shall have the 10 same meaning as in clause (c) of section 269ua';(b) (or sub-section (2), the following sub-section shall be substituted, namely :—'"(2) any offence under this chapter may, either before or after the institution of proceedings, be compounded by —((^ the board or a chief commissioner ot a director general authorised by the board 15 in this behalf, in a case where the prosecution would lie at the instance of the commissioner (appeals) or the approjjriate authority;(b) the chief commissioner or director general or commissioner, in any other dlse"48 chapter xxiia of the income-tax act shall be omitted omission of chapter49 in section 28ib of the income-tax act,— moiaamendment of section20 (a) in sub-section (1), the following explanation shall be inserted at the end, namely :— 281b"explanation - for the purposes of this sub-section, proceedings under sub-section (5) of section 132 shall be deemed to be proceedings for the assessment of any income or for the assessment or reassessment of any income which has escaped assessment";(b) in sub-section (2), after the first proviso, the following proviso shall be inserted,25 namely:—"provided further that where an application for settlement under section 245c is made, the period commencing from the date on which such application is made and ending with the date on which an order under sub-section (i) of section 245d is made shall be excluded from the period specified in the preceding proviso"50 section 285a of the income-tax act shall be omitted51 in section 293 of the income-tax act, for the words "any order made", the words "any amendment proceeding taken or order made" shall be substituted and shall be deemed to have been substituted °f section with effect from the 1st day of march, 198852 in the first schedule to the income-tax act, in rule 5, clause (b) shall be omitted with i^endment35 effect from the 1st day of april, 1989 schedule53 in the eleventh schedule to the income-tax act, for item 9, the following item shall be i^endment substituted with effect from the 1st day of april, 1989, namely lhedul^^"9 projectors"conse-54 the following amendments (being amendments of a consequential nature) shall be made m quential the income-tax act, namely: —(i) in section 2, in clause (24), sub-clause (viii) shall be omitted;(ii) in section 18, in sub-section (1), in clause (i), the words, figures and letters "not being interest payable under section 280d in respect of any annuity deposit made under chapter xxiia" shall be omitted;(hi) in section 33, in sub-section (2) and the explanation thereunder, the words, figures 5 and letter "or section 280-0" shall be omitted;(iv) in section 33a, in sub-section (2) and the explanation thereunder, the words, figures and letter "w section 280-0" shall be omitted;(v) in section 80b, in clause f5j, the words, figures and lettct "or under section 280-0" shall be omitted;(vi) in section 80j, in sub-section (3), the words, figures and letter "or section 280-0" shall be omitted;(vii) in section 80l, in sub-section (j), in clause (i), the brackets, words, figures and letters "(not being interest payable under section 280d in respect of any annuity deposit made under chapter xxiia)" shall be omitted; 15(viii) in section 253, in sub-section (1), in clause (c), the wwds, figures and letter "or under section 285a" shall be omitted wealth-taxamendment 55^ section 5 of the wealth-tax act, 1957 (hereinafter refoted to as the wealth-tax act),— 27 of 1957of section5(c^ in sub-section (1),— 20(i) after clause (xvie) and the explanation thereto, the following clause shall be insoted, namely:—"(xv^ in the case of an individual or a hindu undivided family, such relief bonds as the central government may, by notification in the official gazette, specify in this behalf;"; 25(u) for clause (xxxa), the following clause shall be substituted with effect from the 1st day of april, 1989, namely:—"(xxxa) the value of one or more dwelling units (each having a plinth area of eighty square metres or less) belonging to the assessee and used solely for the purpose of residence of persons employed by the assessee in any plantation or industrial undertaking 30 belonging to the assessee;";(b) in sub-section (la), afta the brackets and figures "(xvi),", the brackets, figures and letter ''(xvie),'' shall be inserted with effect from the 1st day of april, 1989;(c) in sub-secti(mi (3)—(i) intheopeningportion, after the brackets, figures and letter "('xvie),", the brackets, 35 figures and lettw "(xvif)," shall be inserted;(u) in clause (aa),—(1) after the word, brackets, figures and letter "clause (xvie),", the words, brackets, figures and letla "or relief bonds referred to in clause (xvif)," sh^l be inserted;(2) after the words "bonds or debentures", the words" or relief bcmds" shall be inserted 4056 after section 22d of the wealth-tax namely:—act the following section shall be insertedinsertion of new section 22dd"22dd (1) where, during the pendency of any proceeding before it the settlement commission is of the opinion that for the purpose of protecting the interests of the revenue it is necessary so to do it may by order, attach provisionally any property belonging to the applicant in the manner provided in the second schedule to the income-tax act as made applicable to this act by section 32:power of settlement commis­sion to orderprovisional attachment to protect revenue10provided that where a provisional attachment made under section 34c is pending immediately before an application is made under section 22c, an order under this sub-section shall continue such provisional attachment up to the period up to which an order made under section 34c would have continued if such application had not been made:15provided further that where the settlement commission passes an order under this sub­section after the expiry of the period referred to in the preceding proviso, the provisions of sub­section (2) shall apply to such order as if the said order had originally b^n passed by the settlement commission(2) every provisional attacnment made by the settlement commission under sub-section {1) shall cease to have effect after the expiry of a period of six months from the date of the order made under sub-section fi; :provided that the settlement commission may for reasons to be recorded in writing, extend20 the aforesaid period by such further period or periods as it thinks fit, so however, that the total period of extension shall not in any case exceed two years"57 in section 25 of the wealth-tax act in sub-section (2), for the explanation, the following explanation shall be substituted,with effect from the 1st day of june 1988 namely :—amendment of section 25'explanation - for the removal of doubts, it is hereby declared that, for the purposes of this25 sub-section,-30(c^ an order passed by the assessing officer shall include an order made by the deputy commissioner in exercise of the powers or in the performance of the functions of an assessing officer conferred on or assigned to him under orders or directions issued by the board or by the chief commissioner or directot general or commissioner authorised by the board in this behalf under section 120 of the income-tax act read with section 8 of this act;(b) "record" includes all records relating to any proceeding under this act available at the time of examination by the commissioner;35(c) where any order referred to in this sub-section and passed by the assessing officer had been the subject matter of any appeal, the powers of the commissioner under this sub-section shall extend to such matters as had not been considered and decided in such appeal'58 in section 34ab of the wealth-tax act, in sub-sections (1) and (2) for the word "board", the words "chief commissioner or director general" shall be substituted with effect from the 1st 34;^ , day of june, 1988amendment of section 34acc4059 in section 34acc of the wealth-tax act, for the words "to the board", occurring at the end, the words "to the chief commissioner or director general" shall be substituted with effect from the 1st day of june, 198860 in section 34ad of the wealth-tax act, with effect from the 1st day of june, 1988,-- {ai in sub-section ^7 >,—amendment of section 34ad(i) for the word "board", at both the places where it occurs, the words "chief commissioner or director general" shall be substituted;(u) for the words "it is satisfied", the words "he is satisfied" shall be substituted;(ui) for the words "it thinks fit", the words "he thinks fit" shall be substituted;(b) in sub-section (2), for the word "board", the words "chief commissioner or director general" shall be substituted;(c) after sub-section (2), the following sub-sections shall be inserted, namely :— 5"(3) without prejudice to the provisions of sub-sections (1) and (2), the chief commissioner or director general shall, once in three years, rev^w the performance of all the registered valuers and may remove the name of any person from the register of valuers where he is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as he thinks fit to make, that his performance is such that his lo name should not remain on the register of valuers(4) the chief commissioner or director general may himself conduct the inquiry referred to in sub-section or sub-section or appoint an inquiry office'not below the rank of a commissioner to conduct such inquiry, and for the purposes of such inquiry, the chief commissioner or director general and the inquiry officer so appointed shall have the same 15 powers as are vested in a court under the code of civil procedure, 1908 when trying a suit in 5 of 1908 respect of the following matters, namely:—fo) discovery and inspection;(b) enforcing the attendance of any person including any officer of a banking companyand examining him on oath; 20(c) compelling the producti(m of books of account and other documents;(d) issuing commission"insertion of 61 in chapter viib of the wealth-tax act, after section 34ad, the following section shall be new section inserted with effect from the 1st day of june, 1988, namely;—34_ "mae (i) notwithstanding anything contained in this chapter, every person whose name 25registered included in the register of valuers immediately before the 1st day of june, 1988, shall, if he valuers to intends to continue to be registered under this act, make an an>lication under sub-section (2) of apply section 34ab within a period of three months from that date, for being registered afresh as a afresh valuer under this chapter and the provisions of sub-section (3) of that section and the rules made thereunder shall be applicable in respect of the verification of the application, the fees that ^0 shall accompany such application and the declaration to be made by the applicant(2) the provisions of this chi^ter regarding the registration of a person as a valuer and other matters shall, so far as may be, apply to every application made under sub-section (1)(3) every tq>plication pending before the board immediately before the 1st day of june, 1988, shall be deemed to be an i^lication received by the chief commissioner or director general 33 unda sub-section (1)"amendment 62 in section 34c of the wealth-tax act—of section34c (it^ in sub-section (j), the following explanation shall be inserted at the end, namely:—"e xp la n a tio n for the purposes of this sub-section, the proceedings under sub-section(5) of section 37a shall be deemed to be proceedings for the assessment of any net wealth or 40 for the assessment or reasaeasment of any net wealth which has escaped assessment";q}) in sub-section (2), after the first proviso, the following proviso shall be insetted, namely:—"provided further that where an application for settlement under section 22c is made, the period commencing from the date on which such application is made and ending withihe date on which an order under sub-section (1) of section 22d is made shall be excluded from the period specified in the preceding proviso"5 63 for section 35-1 of the wealth-tax act, the following section shall be substituted with effect from the 1st day of april, 1989, namely"35-1 (1) a person shall not be proceeded against for an offence under this act except with the previous sanction of the chief commissioner or director general or commissioner:provided that no such sanction shall be required if the prosecution is at the instance of the 10 commissioner (appeals)(2) any such offence may, either before or after the institution of proceedings, be compounded by —substitu­ tion of new section for section 35-1 prose­cutions to be with the previous sanction of certain wealth-tax authorities and their power to compound offences(d^ the board or a chief commissioner or a director general authorised by the board in this behalf, in a case where the prosecution would lie at the instance of the commissioner15 (^peals);(b) the chief commissioner or director general or commissioner, in any other case"64 in section 37 of the wealth-tax act, with effect from the 1st day of june, 1988, —amendment of section 37(a) after sub-section (]), the following sub-section shall be inserted, namely :—"(la) if the director general or director or deputy director or assistant director, or the 20 authorised officer referred to in sub-section (1) of section 37a before he takes action under clauses (i) to (vi) of that sub-section, has reason to suspect that any net wealth has been concealed, or is likely to be concealed, by any person or class of persons within his jurisdiction, then, for the purposes of making any inquiry or investigation relating thereto, it shall be competent for him to exercise the powers conferred under sub-section (1) on the 25 wealth-tax authorities referred to in that sub-section, notwithstanding that no proceedings with respect to such person or class of persons are pending before him or any other wealth-tax authority";(b) in sub-section (3), in the proviso, in clause (b) [as amended by section 127 of the4 of 1988 direct tax laws (amendment) act, 1987], for the words "the chief commissioner or30 commissioner therefor", the words "the chief commissioner or director general or commissioner or director therefor, as the case may be" shall be substitutedamendment of section 4365 in section 43 of the wealth-tax act, for the words "any order made", the words "any proceeding taken or order made" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of march, 198835 66 in schedule i to the wealth-tax act, in part i, the following shall be added at the end amendmentnamely' ofschedujel"surcharge on wealth-taxthe amount of wealth-tax computed in accordance with the provisions of this part shall, in relation to the assessment year commencing on the 1st day of april, 1988, be increased by a 40 surcharge calculated at the rale of ten per cent, of such wealth-tax"18 of 1958 67 in section 5 of the gift-tax act, 1958, (hereinafter tefened to as the gift-tax act), in subsection (1), after clause (iiic), the following clause shall be inserted, namely 5"(hid) being an individual or a hindu undivided family, of property in the form of such45 relief bonds, as the central government may, by notification in the official gazette, specify in this behalf subject to a maximum of rupees five lakhs in value in the aggregate in one or more previous years:provided that the exemption conferred by this clause shall be available only to a person who has initially subscribed to the said bonds;"of^tcafon gift-lax act, in sub-section (2), for the explanation, the following 524 explanation shall be substituted with effect from the 1st day of june, 1988, namely :—'explanation :— for the removal of doubts, it is hereby declared that, for the purposes of this sub-section,-(a) an order passed by the assessing officer shall include an otder passed by the deputy commissioner in exercise of the powers or in performance of the functions of an assessing 10 officer conferred on or assigned to him under orders or directions issued by the board or by the chief commissioner or director gener^ or commissioner authorised by the board in this behalf under section 120 of the income-tax act read with section 7 of this act;(b) "record" includes all records relating to any proceeding under this act available at the time of examination by the commissioner; 15(c) where any order referred to in this sub-section and passed by the assessing officer had been the subject matter of any appeal, the powers of the commissioner under this sub-section shall extend to such matters as had not been considered and decided in such appeal'amendment 69 in section 35 of the gift-tax act, for sub-sections (3) and (4), the following sub-sections of section shall be substituted with effect from the 1st day of april 1989, namely :— 2035"(5) a person shall not be proceeded against for an offence under this act excq>t with the previous sanction of the chief commissioner or director general or commissioner:provided that no such sanction shall be required if the prosecution is at the instance of the commissioner (appeals)(4) any such offence may, either before or after the institution of proceedings, be 25 compounded by —(c^ the board or a chief commissioner or a director general authorised by the board in this behalf, in a case where the prosecution would lie at the instance of the commissioner (appeals);(b) the chief commissioner or director general or commissioner, in any other case" 30amendment 79 section 36 of the gift-tax act, after sub-section (1), the following sub-section shall be of section inserted with effect from the 1st day of june, 1988, namely:—36"(1a) if the directot general or director or deputy director or assistant director has reason to suspect that any gifts chargeable to tax under this act have been concealed, or are likely to be concealed, by any person or class of persons within his jurisdiction, then, for the purposes of 35 making any inquiry or investigation relating thereto, it shall be competent for him to exercise the powers conferred under sub-section (1) on the gift-tax authorities referred to in that sub­section, notwithstanding that no proceedings with respect to such person or class of persons are pending before him or any other gift-tax authority"amendment 71, in section 42 of the gift-tax act, for the words "any order made", the words "any 40 of section proceeding taken or order made" shall be substituted and shall be deemed to have been substituted42 with effect from the 1st day of march, 198835 of 1987 72 in the expenditure-tax act 1987 (hereinafter referred to as the expenditure-tax act), save substituas otherwise expressly provided herein, the references to any authorities specified in column (1) of authorii?cr the table below shall be substituted by references to the authority or authorities specihed in the 5 corresponding entries in column (2) of the said table and such consequential changes, as the rules of grammar may require, shall also be made10(1)commissioner chief commissioner or commissioner inspecting assistant commissioner deputy commissioner income-tax officer provided that nothing contained in this section shall apply to the reference to "commissioner" occurring in sections 21 and 2373 in section 6 of the expenditure-tax act—amendment of section 615 (a) for sub-section fix the following sub-section shall be substituted, namely:—"'(i) every director general of income-tax chief commissioner of income-tax director of income-tax commissioner of income-tax, commissioner of income-tax (appeals) deputy director of income-tax deputy commissioner of income-tax assistant director of income-tax assistant commissioner of income-tax inconje-tax officer tax recovery 20 officer and inspector of income-tax shall have the like powers and perform the like functionsunder this act as he has and performs under the income-tax act and for the exercise of his powers and the performance of his functions, his jurisdiction under this act shall be the same as he has under the income-tax act";(b) in sub-section (3), for the words "director of inspection or by the commissioner", the 25 words "director general or director or by the chief commissioner or commissioner" shall be substitutedamendment of section 133074 in section 13 of the expenditure-tax act in sub-section (3), for the words and figures "the commissioner, or as the case may be, the order under section 22 or section 23 is received by the commissioner", the words and figures "the commissioner, or the order is received by the chief commissioner or commissioner, as the case may be, under section 22 or section 23" shall be substituted75 in section 24 of the expenditure-tax act,—amendment of section 24(a) for the figures, brackets, letters and wotds "2(43b) and (44), 118, 125, 125a, 128 to 136 (both inclusive)", the figures, brackets and words "2(44)^ 118, 120, 129, 131 to 136 (both inclusive)" shall be substituted;35(b) the figures "231," shall be omitted chapter iv indirect taxes customs4076 the customs tariff act, 1975 (hereinafter referred to as the customs tariff act), shall be amended in the manner specified in the second scheduleamendment of act 51 of 1975 auxilliary duties of customs77 (1) in the case of goods mentioned in the first schedule to the customs tariff act, or in that schedule, as amended from time to time, there shall be levied and collected as an auxiliary duty of customs an amount equal to fifty per cent, of the value of the goods as determined in52 of 1962 4 5 accordance with the provisions of section 14 of the customs act, 1962 (hereinafter referred to as the customs act)(2) sub-section (1) shall cease to have effect after the 31st day of march, 1989, except as respects things done or omitted to be done before such cesser; and section 6 of the general clauses act, 1897, shall apply upon such cesser as if the said sub-section had then been repealed by a central act(3) the auxiliary duties of customs referred to in sub-section (1) shall be in addition to any duties of customs chargeable on such goods under the customs act, or any other law for the time being in force10(4) the provisions of the customs act and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collection of the auxiliary duties of customs leviable under this section in respect of any goods as they j^ply in relation to the levy and collection of the duties of customs on such goods under that act or those rules and regulations, as the case may bethe following sub-section shall be78 in section 27 of the customs act, after sub-section (4), inserted, namely:-amendment of section 2715"(5) notwithstanding anything contained in any other law, the provisions of this section shall also apply to a claim for refund of any amount collected as duty of customs made on the ground that the goods in respect of which such amount was collected were not leviable to such duty or were entitled to exemption from duty and no court shall have any jurisdiction in respect of such claim"20amendment of section 11579 in section 115 of the customs act, in sub-section (2), in the opening paragraph, the words "and that each of them had taken all such precautions against such use as are for the time being specified in the rules" shall be omitted80 in section 156 of the customs act, in sub-section (2), clause fc) shall be omittedamendment of section 156 excise81 the central excise tariff act, 1985 (hereinafter referred to as the central excise tariff 25 act), shall be amended in the manner specified in the third scheduleamendment of act 5 of 1986 special duties ofs2 (1) in the case of goods chargeable with a duty of excise und^ the central excises and salt act, 1944 (hereinafter referred to as the central excises act), as amended from time to time, 1 of 1944read with any notification for the time being in force issued by the central government in relation to the duty so chargeable (not being a notification providing for any exemption for giving credit 30 with respect to, or reduction of duty of excise und^ the said act on such goods equal to, any duty of excise under the said act, or the additional duty under section 3 of the customs tariff act, already paid on the raw material or component parts used in the production or manufacture of such goodsx there shall be levied and collected a special duty of excise equal to five per cent of the amount so chargeable on such goods 35(2) sub-section (1) shall cease to have effect after the 31st day of march, 1989, except as respects things done or omitted to be done befwe such cesser; and section 6 of the general clauses act, 1897, shall apply upon such cesser as if the said sub-section had then been repealed by a 10 of 18^central act(3) the special duties of excise referred to in sub-section (1) shall be in addition to any duties 40 of excise chargeable on such goods under the central excises act, or any other law for the time being in force(4) the provisions of the central excises act, and the rules made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collection of the special duties of excise leviable under this section in respect of any goods 45as they apply in relation to the levy and collection of the duties of excise on such goods under that act or those rules, as the case may be83 the additional duties of excise (goods of special importance) act, 1957 (hereinafter referred to as the additional duties of excise act), shall be amended in the manner specified in the5 fourth scheduleamendment of act 58 of 195784 (i) the notification of the government of india in the ministry of finance (department of revenue) no gsr 97(e), dated the 23rd day of february, 1988, which was issued in exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944, read with sub­section (3) of section 3 of the additional duties of excise act, providing for withdrawal of10 exemptions from additional duty of excise in relation to cotain varieties of sugar (ho^eafter in this section referred to as sugar), shall be deemed to have, and to have always had, effect on and from the 10th day of september, 1986provision as to additional duties of excise on certain varieties of sugar in relation to a certain period and validation(2) any action or thing taken <w done or purported to have been taken or done on or after the 10th day of september, 1986 and before the 23rd day of february,1988, in relation to sugar under15 the additional duties of excise act, shall be deemed to be, and to have always been, for all purposes as validly and effectively taken or done as if the provisions of sub-section (1) had been in force at all material times and such action or thing had been taken or done under the additional duties of excise act read with the notification dated the 23rd day of february, 1988, referred to in sub-section (1) and, accord^gly, notwithstanding anything contained in any judgment, decree or20 order of any court, tribunal or other authority,—(o) all additional duties of excise levied, assessed or couected or purporting to have been levied, assessed or collected on or after the 10th day of sq>tember, 1986 and before the 23rd day of fetmiary, 1988, on sugar, shall be deemed to be, and shall be deemed to have always been, as validly levied, assessed or collected as if the provisions of this section had been in force at all25 material times;(b) no suit or other proceeding shall be maintained or continued in any court, tribunal or other authority, for the refund of, and no enforcement shall be made by any court, tribunal or other authority, of any decree or order directing the refund of, any such additional duties of excise which have bem collected and which would have been validly collected if the provisions30 of this section had been in f(»ce at all material times;(c) recovery shall be made of all such additional duties of excise which have not been collected or, as die case may be, which have been refunded but which would have been collected or, as the case may be, would not have been refiinded, if the provisions of this section had been in force at all material times35 explanation— for the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if this section had not come into force chapter v misceii^neous40 85 in section 14 of the central sales tax act, 1956,—m for item (tia), the following item shall be substituted, namely:—amendmfmt of act 74 of1956"(ua) codon fabrics covered under heading nos 5205, 5206, 5207, 5208, 5209,5210, 5211, 5212, 5801, 5802, 5803, 5804, 5805, 5901, 5903, 5905, 5906 and 6001 of the schedule to the central excise tariff act, 1985;";45(b) fot items (vii),(vitt)(ix) mi(x) the fouowing items shall be substituted, namely:-"(vii) man-made fabrics covered undw heading nos 5408, 5409, 5410,5411, 5412, 5507, 5508, 5509, 5510, 5511, 5512, 5801, 5802, 5803, 5804, 5805, 5901, 5902, 5903, 5905, 5906 and 6001 of the schedule to the central excise tariff act, 1985;5 of 1986(viii) sugar covered under sub-heading nos 170120,170131,170139 and 170211 of 5 the schedule to the central excise tariff act, 1985;5 of 198610(ix) unmanufactured tobacco and tobacco refuse covered unda sub-heading no 240100, cigars and cheroots of tobacco covoed undo' heading no 2402, cigarettes and cigarillos of tobacco covcted under sub-heading nos 240311 and 240321, and other manufactured tobacco covered under sub-heading nos 240411, 240412, 240413, 240419, 240421,240429, 240431, 240439, 240441 and 240450, of the schedule to the central excise tariff act, 1985;s of 19865 of 1986(x) woven fabrics of wool covered under heading nos 5106, 5107, 5801, 5802, 5803 and 5805 of the schedule to the central excise tariff act, 1985"86 after section 35 of the general insurance business (nationalisation) act, 1972, the amendment of ^972^ following section shall be insoted with effect from the 1st day of june, 1988, namely:—"35a notwithstanding anything contained in section 193 or section 194 of the income-tax act, 1961, no deduction of income-tax shall be made on any intmst or dividend payable to the 43 of 1961corporation or to any of the four new companies formed by virtue of the schemes framed under sub-section (1) of section 16 in respect of any securities or shares owned by the corpc^tion 20 or such company or in which the corporation or such company has full beneficial interest"87 in section 40 of the finance act, 1983,—deduction of incometax not to be made on interest or dividend payable to the corpo­ration, etc amendment of act 11 of 1983(i) in sub-section (1), befcwe the explanation, the following proviso shall be inserted, namely:—"provided that the amount of wealth-tax computed in accordance with the provisions of 25 this sub-section shall, in relation to the assessment year commencing on the 1st day of april, 1988, be increased by a surcharge calculated at the rate of ten po cent of such wealthtax";(tt) in such-section (3), with effect from the 1st day of april, 1989,—in clause (i), the words", not being any such precious metal or alloy held for use as raw material in industrial production" shall be inserted at the end;30(b) to clause (v), the fc^owing proviso shall be added, namely:—"provided that nothing in this clause shall apply to any unused land held by the assesaee for industrial purposes for a period of two years from the date of its acquisition by him;"; 35(c) for clause fvi), the following clauses shall be substituted, namely:—'(yi) building or land appurtenant thereto, other than building or part th^m f used by the auessee as factory, ^odown, warehouse, cinema house, hotel or office for the purposes of iu business or as a hoq>ital, creche, school, canteen, library, recreational centre, shelto, rest-room or lunch room mainly used for the welfare of its emi^oyees or 40 used as residential accomnkxlation, except as provided in clauses (via) md(vib), andthe land qipurtenant to such building or part;(via) any building used as residential accommodation in the nature of a guest house and land appurtenant th^eto;(vib) any building and the land an>urtenant to such building used as residential accommodation by any director, manager, secretary or any other employee of the assessee,5 such employee holding not less than one p ^ cent, of the equity share of the assessee orby any relative of any person who holds not less than one per cent of the equity share of the assesseeexplanation— for the purposes of this clause, "relative" shall have the meaning assigned to it in clause (b) of explanation 1 to section 80f of the income-tax act';(d^ after clausd (viii), the following proviso and explanation shall be inserted, namely:—"provided that this section shall not apply to any asset referred to in clause (i), (ii),(hi), (iv), (v) or (vi), which is held by the assessee as stock-in-trade in a business carried on by it or, in the case of motor-cars referred to in clause (vii), they are held as 15 stock-in-trade in such business or registered as taxies and used as such in a business of running motor-cars on hire carried on by the assesseeexplanation— where any question arises as to whethw all or any of the assets referred to in clause (i), (ii), (hi) or (iv) are held by the assessee as stock-in-trade in a business carried on by it, the question shall be decided in accordance with such directions as the 20 board may, by general or special order, issue for the guidance of the assessing officer, having regard to the ratio which the yearly turnover of a business of trading in such assets bears to the average of the stocks of such assets held from time to time during the year in such business ordinarily and other relevant factors"88 in the direct tax laws ^amendment) act, 1987,— amendmentof act 4 of198825 (a) in section 36, clause shall be omitted;(b) in section 37,—(i) in clause fa), after the words, brackets and figure "in sub-section ('i)," , the words, figures and letters "with effect from the 1st day of april, 1988," shall be inserted;(ii) in clause (b), the words, figures and letters "with effect firom the 1st day of april, 1988" shall be inserted at the end;(c) in section 38, the words, figures and letters "widi effect from the 1st day of april, 1988" shall be inserted at the end;(c^ section 92 shall be omitted; (e) in section 128,—35 (i) in clause (i), the words, figures and letters "with effect from the 1st day of april,1988" shall be inserted at the end;(u) in clause (hv, after the words "shall be inserted", the words, figures and letters "with effect from the 1st day of april, 1988" shall be insnted;(iii) in clause (ui) the words, figures and letters "with effect fixxn the 1 st day of april,40 1988" shall be inserted at the end;(iv) in clause (vii), d£ta the wwds "shall be substituted", the words, figures and letters "with effect from the 1st day of april, 1988" shall be inserted; (ft in section 153, clause (a) shall be omitted;(g) in section 154,—(i) in clause (1),— 5(a) in sub-clause (b), the words, figures and letters "with effect from the 1st day of april, 1988" shall be insnted at the end;in sub-clause (f) , the words, figures and letters "with effea from the 1st day of april, 1988" shall be inserted at the end;(ii) in clause c2^, in sub-clause the words, figures and letters "with effect from the 10 1st day of april, 1988" shall be insoted at the end;(h) in section 155, in clause fa), in sub-clause fitx the words, figures and letters "with effect from the 1st day of april, 1988" shall be inserted at the end;(i) in section 158, after the words "shall be inserted", the words, figures and letters "with effect from the 1st day of april, 1988" shall be insoted; is(i) in section 162,—(i) in clause (a), the words, figures and letto^ "with effect from the 1st day of april,1988" shall be inserted at the end;(ii) in clause (b), after the words "shall be inserted", the words, figures and letters"with effect from the 1st day of april, 1988" shall be inserted; 20(hi) for clause (c), the following clause shall be substituted, namely:—"(c) (i) c]msis(yi),(via),(viia),(mi),(xv),(xvi) wa(xvia) shall be omitted with effect from the 1st day of april, 1988;(u) clause ('xvii) shall be omitted;";(iv) in clause (g), after the words "shall be insctted", the words, figures and letters 25"with effect from the 1st day of april, 1988" shall be inserted;(k) in sectioi 182, clause (a) shall be omitted declaration under the provisional collection of taxes act, 1931it is hereby declared that it is expedient in the public interest that the provisions of clauses 76,77,81,82 and 83 of this bill shall have immediate effect under 30 the provisional collection of taxes act, 1931 (see section 2) parti incxjme-tax paragraph a sub-paragraph i10in the case of eveiy individual or hindu undivided family or unregistered firm or other association oi persons or body of individuals, whether incorporated or not,,or evwy artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, not beiitg a case to which sub-paragr^ ii of this paragraph or any other paragraph of this part applies,-rales of income-tax15(1) wh«e the total incwne does not exceed rs 18,000(2) where the total income exceeds rs 18,000 but does not exceed rs 25,0000) where the total income exceeds rs 25,000 but does not exceed rs 50,000(4) where the total income exceeds rs 50,000 but does not exceed rs 1,00,000(5) where the total income exceeds rs 1,00,00020nu;25 per cent, of the amount by which the total income exceeds rs 18,000; rs 1,750 plus 30 per cent, of the amount by which the total income exceeds rs 25,000;rs 9,250 plus 40 per cent, of the amount by which the total income exceeds rs 50,000;rs 29,250 plus 50 per cent, of the amount by which the total income exceeds rs 1,00,000the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of five per cent, of such income-tax:25provided that no such surcharge shall be pavable by a non-residentsub-paragraph iiin the case of every hindu undivided family which at any time during the previous year has at least one member whose total income of the previous year relevant to the assessment year commencing on the 1st day of april, f988 exceeds rs 18,000,- rates of income-tax30(3)35(1) where the total income does not exceed rs 12,000 © where the total income exceeds rs 12,000 but does not exceed rs 20,000where the total income exceeds rs 20,000 but does not exceed rs 40,000(4) where the total income exceeds rs 40,000 but does not exceed rs 60,000(5) where the total income exceeds rs 60,000 but does not exceed rs 1,00,000© where the total income exceeds rs 1,00,00040nil;25 per cent, of the amount by which the total incdme exceeds rs 12,000;rs 2,000 plus 30 per cent, of the amount by which the total income exceeds rs 20,000;rs 8,000 plus 40 per cent, of the amount by which the total income exceeds rs 40,000;rs 16,000 plus 50 per cent, of the amount by which the total income exceeds rs 60,000;rs 36,000 plus 55 per cent, of the amount by which the total income exceeds rs 1,00,000the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of five per cent of such income-tax:45 provided that no such surcharge shall be payable by a non-resident paragraph b in the case of every co-operative society,- rates of income-tax50(1) where the total income does not exceed rs 10,000 , 0 where the total income exceeds rs 10,000 but does not exceed rs 20,000(3) where the total income exceeds rs 20,00015 per cent, of the total income;rs 1,500 plus 25 per cent, of the amount by which the total income exceeds rs 10,000;rs 4,000 plus 40 per cent, of the amount by which the total income exceeds rs 20,000the amount of income-tax computed in accordance with the preceding provisions of this paragraph shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes oi the union calculated at the rate of five per cent of such income-tax paragraph c 5 stib-paragraph iin the case of every registered firm, not being a case to which sub-paragnqph n of this paragraph ^ lie s ,-rates of income-tax(1) where die total income does not exceed rs 10,000 nil;(2) where the total income exceeds rs 10,000 but does 5 per cent of the amount by which the total income exceeds 10not exceed rs 25,000 rs 10,000;where the total income exceeds rs 25,000 but does rs 750 plus 1 p« cent of the amount by which the totalnot exceed rs 50,000 income exceeds rs 25,000;(4) where the total income exceeds rs 50,000 but does rs 2,500 plus 15 per cent, of the amount by which thenot exceed rs 1,00,000 total income exceeds rs 50,000; 15(5) where the total income exceeds rs 1,00,000 rs 10,000 plus 24 per cent, of the amount by which thetotal income exceeds rs 1,00,000the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in the case of every pwson having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union 20 calculated at the rate of five per cent of such iikome-tax sim^aragraph bin the case of every registoed firm whose total income includes income derived firom a profession carried on by it and the income so included is not less than fifty-one per cent of such total income,-| rates of income-tax | ||--------------------------------------------------------|------------------------------------------------------------|| 25 | || (1) where the total income does not exceed rs 10,000 | nil; || (2) where the total income exceeds rs 10,000 but does | 4 per cent of the amount by which the total income exceeds || not exceed rs 25,000 | rs 10,000; || (3) | || who'e the total income exceeds rs | || 25,000 | || but | does || oo | plus || per cent of the amount by which the total | || not exceed rs | || 50,000 | || income exceeds rs | || 25,000; | || 30 | || (4) where the total income exceeds rs | 50,000 but || not exceed rs 1,00,000 | total income exceeds rs 50,000; || (5) where the total income exceeds rs 1,00,000 | rs 8,850 || total income exceeds rs 1,00,000 | || surcharge on income-tax | || 35 | |the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in the case of every po^on having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of five per cent of such income-taxexplanation- for the purposes of this paragnq)h, "registered firm" includes an unregistered firm assessed as a registered firm under clause (b) of section 183 of the income-^ act ^ paragraph din the case of every local authorityrate of income-taxon the whole of the total income 50 per centsurcharge on income-tax 45the amount of income-tax com pu^ at the rate hweinbefore specified shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of five per cent of such income-tax paragraph ein the case of a company rales of income-tax i in the case of a domestic company -50 per cent, of the total income;(1) where the company is a company'in which the public are substantially interested(2) where the company is not a company in which the public are substantially interested -| (i) | in the case of a trading company or an investment company ||-----------------------------------|-------------------------------------------------------------|| 60 per cent, of the total income; | || (u) | in any other case |1055 per cent, of the total incomen in the case of a company other than a domestic company(i) on so much of the total income as consists of-15| (a) ||------------------------------------------------------------------------|| pursuance of an agreement made by it with the government or the || indian concern ^ter the 31st day of march, 1961 but before the 1st day || of april, 1976, or |20| (b) | fees for rendering technical services received from government ||----------------------------------------------------------------------------|--------------------------------------------------------------------|| or an indian concm in pursuance of an agreement made by it with the | || government ot the indian concern after the 29th day of february, 1964 | || but before the 1st day of april, 1976, | || and where such agreement has, in either case, been approved by the central | || govonment | || 50 per cent; | || 65 per cent | || (a) | on the balance, if any, of the total income |25the amount of income-tax computed in accordance with the provisions of item i of this paragraph shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge calculated at the rate of five per cent, of such inc«ne-taxpart ii rates for deducncw of tax at source in certain cases30in every case in which under ae provisions of sections 193,194, 194a, 194b, 194bb, 194d and 195 of the income-tax act, tax is to be deducted at the rates in force, deduction shall be made from the income subject to deduction at the following rates:-__________________________________________________________________________________________________________________________________________________________ rate of income-tax________________1 in the case of a person other than a company -whoe the person is resident in india -35| ® | on income by way of interest | other than "interest on | 10 per cent; ||------------------------|--------------------------------------------------------------|-----------------------------------------------------------|----------------|| securities" | | | || (ii) | | on income by way of winnings from lotteries and crossword | 40 per cent; || puzzles | | | || 40 per cent; | | | || 40 | | | || (hi) | on income by way of winnings from horse races | | || 10 | | | || per cent; | | | || (iv) | | on income by way of insurance commission | || 10 | | | || per cent; | | | || (v) | | on income by way of interest payable on- | || (a) | any security, other than a tax-free security, of the central | | || or a state government; | | | || 45 | | | |(b> any debentures or other securities for money issued by or on behalf of any local authority or a corporation established by a central, state or provincial act;20 per cent;(q anydcbenturesissuedby a company where such debentures are listed on a recognised stock exchange in india in accordance with the securities contracts (regulation) act1956 and any rules made thereunder,(vi) on any other income (excluding interest payable on a tax-free security)(b) where the person is not resident in india -(i) in the case of a non-resident indian -1020 per cent;(a) on investment income and long-term capital gains15 per cent;(b) on income by way of interest payable on a taxfree security40 per cent;15(c) on income by way of winnings from lotteries and crosswotd puzzles(d) on income by way of winnings from horse races40 per cent;© on the whole of other income20income-tax at 30 per cent, of the amount of incomeorincome-tax in respect of the income at the rates prescribed in sub-paragraph i of paragraph a of part iii of this schedule, if such income had been the total income,whichever is higher;25(ii) in the case of any other person-15 per cent;(a) on income by way of interest payable on a taxfree security40 per cent;(bj on income by way of winnings from lotteries and crossword puzzles3040 per cent;(c) on income by way of winnings from horse races(d) on the whole of the other incomeincome-tax at 30 per cent, of the amount of income orincome-tax in respect of the income at the rates prescribed in sub-paragraph i of paragraph a of part 35 iii of this schedule, if such income had been the total income,whichever is higher;2 in the case of a company -| (a) | where the company is a domestic company- ||-------------------|------------------------------------------------------|| 40 | || 20 | || per cent; | || (i) | on income by way of interest other than "interest on || securities" | || 40 per cent; | || (ii) | on income by way of winnings from lotteries and || crossword puzzles | |(hi) on income by way of winnings from horse races 40 per cent;(hf) on any other income (excluding interest payable on tax-free 215 per cent;security)(b) where the company is not a domestic company-| 5 | (i) | | on income by way of dividends payable by any domestic 25 per cent; ||---------------------------------------------------------------------|---------------------------------------------------------------|-------------------------------------------------------------------------|------------------------------------------------------------------------|| company | | | || (u) | | on income by way of winnings from lotteries and crossword 40 per cent; | || puzzles | | | || (hi) | on income by way of winnings from horse races | 40 per cent; | || 10 | | | || | (iv) | | on income by way of interest payable by government or an 25 per cent; || indian concern on moneys borrowed or debt incurred by | | | || government or the indian concern in foreign currency | | | || (v) | | on income by way of royalty payable by government or an 30 per cent; | || indian concern in pursuance of an agreement made by it with the | | | || 15 | government or the indian concern after the 31st day of march, | | || 1976, where such royalty is in consideration for the transfer of | | | || all or any rights (including the granting of a licence ) in respect | | | || of copyright in any book on a subject referred to in the proviso | | | || to sub-section | (la) | of section 115a of the income-tax act, to | || 20 | | | || | the indian concern | | |(vi) on income by way of royalty [not being royalty of the nature referred to, in sub-item (b)(v) ] payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern and which has been approved25 by the central government,-| (a) | where the agreement is made after the 31st day of march, 50 per cent; ||--------------------------------------------------------------|---------------------------------------------------------------------------|| 1961 but before the 1st day of april, 1976 | || (b) | where the agreement is made after the 31st day of march, 30 per cent; || 1976 | || 30 | (vii) || government or an indian concern in pursuance of an agreement | || made by it with the government or the indian concern and | || which has been approved by the central govemment- | || (a) | where the agreement is made after the 29th day of february, 50 per cent; || 1964 but before the 1st day of april, 1976 | || (b) | where the agreement is made after the 31st day of march, 30 per cent; || 1976 | |(viu) on income by way of interest payable on a tax-free security 44 per cept;(ix) on any other income 65 per centhave the meanings assigned to them in chapter xii-a of the income-tax actthe amount of income-tax deducted in accordance with the provisions offe) sub-item (a) of item 1 of this part shall be increased by a surcharge for purposes of the union, and(b) sub-item (a) of item 2 6f this part shall be increased by a surcharge, calculated at the rate of five per cent of shch income-tax rates for calculating or charging incc»ffi-tax in certain cases, deducting income-tax from inccfl^ chargeable unecr the head "salaries" or any payment referred to in sub-seciuon (1) ofsecnon 194e and computing" advance tax"in cases in which income-tax has to be calculated under the first proviso to sub-section (5) of section 132 of the incometax act or charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted under section 192 of the said act from income chargeable under the head "salaries" or deducted under sub-section (1) of section 194e of the said act from any payment referred to in the said sub-section (1) or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed at the rate or rates in fwce, such income-tax or, as the case may be, "advance tax" [not being "advance tax" in respect of any income chargeable to tax under chapter xii or chapta xn-a or sub-section (la) of section 161 or section 164 or section 164a or section 167a or section 167b of the income-tax act at the rates as specified in that chapter or section or surcharge on such "advance tax" in respect of any income chargeable to tax under section 115b], shall be calculated, charged, deducted or computed at the following rate or rates:-paragraph a sub-paragraph iin the case of every individual or hindu undivided family or other association of persons or body of individuals, whether inc(»porated ot not, or every artificial juridical pctson referred to in sub-clause (vii) of clause (31) of section 2 of the incometax act, not being a case to which sub-paragraph ii of this paragraph oir any other paragraph of this part applies,-rates of income-tax(1) where the total income does not exceed rs 18,000(2) where the total income exceeds rs 18,000 but does not exceed rs 25,000(3) where the total income exceeds rs 25,000 but does not exceed rs 50,000(4) where the total income exceeds rs 50,000 but does not exceed rs 1,00,000(5) where the total income exceeds rs 1,00,000m ;25 per cent, of the amount by which the total income exceeds rs 18,000; rs 1,750 plus 30 per cent, of the amount by which the total income exceeds rs 25,000; rs 9,250 plus 40 per cent, of the amount by which the total income exceeds rs 50,000;rs 29,250 plus 50 per cent, of the amount by which the total income exceeds rs 1,00,000the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of five per cent of such income-tax: provided that no such surcharge shall be payable by a non-resident sub-paragraph iiin the case of evoy hindu undivided family which at any time during the previous year has at least one member whose total income of the previous year relevant to the assessment year commencing on the 1st day of april, 1989 exceeds rs18,000,-(1) where the total income does not exceed rs 12,000(2) where the total income exceeds rs 12,000 but does not exceed rs 20,000(3) where the total income exceeds rs 20,000 but does not exceed rs 40,000(4) where the total income exceeds rs 40,000 but does not exceed rs 60,000(5) where the total income exceeds ri 60,000 but does not exceed rs ijoofloo(6) wbetc the total income exceeds rs 100,000nu;25 per cent, of the amount by which the total income exceeds rs 12,000; rs 2,000 plus 30 per cent, of the amount by which the total income exceeds rs 20,000;rs 8,000 plus 40 per cent, of the amount by which the total income exceeds rs 40,000;rs 16,000 plus 50 per cent of the amount by which the total income oiceeds rs 60,000;rs 36,000 plus 55 per cent, of the amount by whi£h the total income exceeds rs 1,00,000the (rf incom es cooqwted in aoconbnoe with the preceding provisions of this sub-paragraph shall, in the case <3i every petson having s tota income ckc—dfan fifty (houaind nq>ees be increased by a surcharge for purposes of the union calculated « the m e of live per oenl of mch income-m:provided that no iiidi mcharie aau be payawe by a non-resident paragraph bin the case of every co-operative societyrates of income-tax(1) where the total income does not exceed rs 10,000 15 per cent, of the total income;5 (2) where the total income exceeds rs 10,000 but does rs 1,500 plus 25 per cent, of the amount by which thenot exceed rs 20,000 total income exceeds rs 10,000;(3) where the total income exceeds rs 20,000 rs 4,000 plus 40 per cent, of the amount by which thetotal income exceeds rs 20,000surcharge on income-tax10 the amount of income-tax computed in accordance with the preceding proviijions of this paragraph shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of five per cent, of such income-tax paragraph cin the case of every local authority,—15 rate of income-tax| on the whole of the total income ||-------------------------------------|| surcharge on income-tax |the amount of income-tax computed at the rate hereinbefore specified shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of five per 20 cent, of such income-tax paragrcph din the case of a company ,-rates of income-tax i in the case of a domestic company 25 (1) where the company is a company in which the public are substantially interested 50 per cent, of the total income;(2) where the company is not a company in which the public are substantially interested -| (i) | in the case of a trading company or an investment company | 60 per cent, of the total income; ||-------|---------------------------------------------------------------|-------------------------------------|| (tt) | in any othw case | 55 per cent of the total income |30 n in the case of a company other than a domestic company ,-(i) on so much of the total income as consists of-(a) royalties received firom govonment or an indian concern in pursuance of an agreement made by it with the govemmoit or the indian concern afta the 31st day of march, 1961 but before the 1st day of april, 1976, or35 (b) fees for rendering technical services received from govmunent or an indianconcern in pursuance of an agreement made by it with the government or the indian concern after the 29th day of february, 1964 but before the 1st day of april 1976,and where such agreement has, in either case, been approved by lift central 50 per cent,;40 government(h) on the balance, if any, of the total income 65 per centthe amount of income-tax computed in accordance with the i»x>visions of item i of this paragraph shau, in the case of every p»son having a total income exceeding fifty thousand rupees, be increased by a surcharge calculated at the rate of five per ^5 cent, of such income-tax part iv [see xctkn2(9)(e) ] rules for cdmputatiw of net aoucultural incomerulel -agricultural income of the nature refentd to in sulxlause (a) of clause c7) of section 2 of the income-tax act shall be computed as if it were income chargeable to income-tax under that act under the head "income from other sources" 5and the provisions of sectims 57 to 59 <rf that act shall, so far as may be, apply accordingly:provided that sub-section (2) of section 58 shall s^>ply subject to the modification that the reference to section 40a therein shall be construed as not including a reference to sub-sections (3) and (4) of section 40arule 2 -agricultural income of the nature referred to in sub-clause (b) or sub-clause (c) of clause (1) of section 2 of the income-tax act [othct than income derived from any building required as a dwelling house by the receivct of the rent or 10revenue oc the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c) ] shall be computed as if it were income chargeable to income-tax under that act under the head "profits and gains of business or profession" and the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40a [other than sub-sections (3) and (4) thereof], 41, 43, 43a and 43b of the income-tax act shall, so far as may be, apply accordinglyride 3 -agricultural income of the nature referred to in sub-clause cc) of clause fi) of section 2 of the income-tax 15 act, being income derived from any building required as a dwelling house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c) shall be computed as if it were income chargeable to income-tax under that act under the head "income from house property" and the provisions of sections 23 to 27 of that act shall, so far as may be, apply accordingly:provided that sub-section (2) of the said section 23 shall apply subject to the modifications that the references to "total 20 income" therein shall be construed as references to net agricultu^ income and that the words, figures and letter "and before making any deduction under chapter vi-a" shall be omittedrule 4 -notwithstanding anything contained in any other provisions of these rules, in a case where the assessee derives income from sale of tea grown and manufactured by him in india, such income shall be computed in accordance with rule 8 of the income-tax rules, 1%2, and sixty per cent of such income shall be regarded as the agricultural income of the assessee 25rule 5 -where the assessee is a partner of a registered firm or an unregistered firm assessed as a registered firm under clause (b) of section 183 of the income-tax act, which in the previous year has any agricultural income, or is a partner of an unregistered fmn which has not been assessed as a registered firm under clause (b) of the said section 183 and which in the previous year has either no income chargeable to tax under the income-tax act or has total income not exceeding the maximum amount not chargeable to tax in the case of an unregistered firm but has any agricultural income, then, the 30agricultural income or loss of the firm shall be computed in accordance with these rules and his share in the agricultural income or loss of the firm shall be computed in the manner laid down in sub-section (1),, sub-section (2) and sub-section (3) of section 67 of the income-tax act and the share so computed shall be regarded as the agricultural income or loss of the assesseerule 6 -where the assessee is a member of an association of persons or a body of individuals (other than a hindu 35undivided family, a company or a fum) which in the previous year has either no income chargeable to tax under the incometax act or has total income not exceeding the maximum amount not chargeable to tax in the case of an association of persons or a body of individuals (other than a hindu undivided family, a company or a firm) but has any agricultural income, thfen, the agricultural income or loss of the association or body shall be computed in accordance with these rules and the share of the assessee in the agricultural income or loss so comput^ shall be regarded as the agricultural income or loss of the assessee 40rule 1 -where the result of the computation for the previous year in respect of any source of agricultural income is a loss, such loss shall be set off against the income of the assessee, if any, for that previous year from any other source of agricultural income:provided that where the assessee is a partner of an unregistered firm which has not been assessed as a registered firm under clause (b) of section 183 of die income-tax act or is a member of an association of persons or a body of individuals and the 45 share of the assessee in the agricultural income of the firm, association or body, as the case may be, is a loss, such loss shall not be set off against any income of the assessee from any other source of agricultural incomerule 8 -any sum payable by the assessee on account of any tax levied by' the state government on the agricultural income shall be deducted in computing the agricultural income50rule 9 -(1) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of april, 1988, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day of april, 1980 or the 1st day of april, 1981 or the 1st day of april, 1982 or the 1st day of april, 1983 or fhe 1st day of april, 1984 or the 1st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987, is a loss, then, for the purposes of sub-section (2) of scctioii2 of this act,-5 (i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1980to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1981 or the 1st day of april, 1982 or the 1st day of april; 1983 or the 1st day of april, 1984 or the 1st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987,(u) the loss so computed for the prev^us year relevant to the assessment year commencing on the 1st day of april,10 1981, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1982 or the 1st day of april, 1984 or the 1st day of april, 1984 or the 1st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987,(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1982, to the extent, if any, such loss has not b ^ set off against the agricultural income for the previous year relevant to15 the assessment year commencing on the 1st day of april, 1983 or the 1st day of april, 1984 or the 1st day of april, 1985or the 1st day of april, 1986 or the 1st day of april, 1987,20(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1983, to the extent, if any, such loss has not b ^ set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1984 or the 1st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987,(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1984, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april,' 1985 or the 1st day of april, 1986 or the 1st day of april, 1987,(vi) the loss so computed for the previous ye^ relevant to the assessment year commencing on the 1st day of april,25 1985, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant tothe assessment year commencing on the 1st day of april, 1986 or the 1st day of april, 1987,(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1986, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1987, and30 (viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1987,shall be set off against the agriculture income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of april, i988(2) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of april, 1989 35 or, if by virtue of any provision of the income-tax act, income-tax is to be charged in respect of the income of a period other than that previous year, in such other period, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day of april, 1981 or the 1st day of april, 1982 or the 1st day of april, 1983 or the 1st day of april, 1984 or the 1st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987 or the 1st day of april, 1988, is a loss, then, for the purposes '0 of sub-section (8) of section 2 of this act,-(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1981, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1982 or the 1st day of april, 1983 or the 1st day of april, 1984 or the 1st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987 or the 1st day of april, 1988,45 (ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1982, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relcvani lo the assessment year commencing on the 1st day of april, 1983 or the 1st day of april, 1984 or the 1st day ol april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987 or the 1st day of april, 1988,(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1983, to the extent, if any, such loss has not been set off against the agricultur^ income for the previous year relevant to the assessment year commencing on the 1st day of april, 1984 or the 1st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987 or the 1st day of april, 1988,(rv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 51984, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987 or the 1st day of april, 1988, fv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1985, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to 10 the assessment year commencing on the 1st day of april, 1986 or the 1st day of april, 1987 or the 1st day of april, 1988,(vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1986, to the extent, if any, such loss h^s not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1987 or the 1st day of april, 1988,(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 151987, to the extent, if any, such loss has not been set off against the agriculture income for the previous year relevant to the assessment year commencing on the 1st day of april, 1988, and(viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april,1988, shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year 20 commencing on the 1st day of april, 1989(3) where a change has occurred in the constitution of a firm, nothing in sub-rule (1) or sub-rule (2) shall entitle the firm to set off so much of the loss prop«tionate to the share of a retired or deceased partner computed in the manner laid down in sub-section (1 sub-section (2) and sub-section (3) of section 67 of the income-tax act as exceeds his share of profits, if any, of the previous year in the firm, or entitle any partner to the benefit of any portion of the said loss (computed in the 25 manner aforesaid) which is not apportionable to him(4) whwe any person deriving any agricultural income from any source has been succeeded in such capacity by another person, otherwise than by inheritance, nothing in sub-rule (1) or sub-rule (2) shall entitle any person, other than the person incurring the loss, to have it set off under sub-rule (1) or, as the case may be, sub-rule (2)i6 rfi^ (5) notwithstanding anything contained in this rule, no loss which has not been determined by the assessing 30 i4cf 1982 officer under the provisions of these rules or the rules contained in part iv of the first schedule to the finance il(fl983 (no 2) act, 1980, or of the first schedule to the finance act, 1981, or of the first schedule to the finance act, 1982, or of the first schedule to the finance act, 1983, or of the first schedule to the finance act, 1984, or 23<f 1906l of the first schedule to the finance act, 1985, or of the first schedule to the finance act, 1986, or of the first11 cf 19«7 schedule to the finance act, 1987, shall be set off under sub-rule (1) or, as the case may be sub-rule (2) 35rule 10 -where the net result of the computation made in acccwdance with these rules is a loss, the loss so computed shall be ignored and the net agricultural income shall be deemed to be nilrule 11 -the provisions of the income-tax act relating to procedure for assessment (including the provisions of section 288a relating to rounding off of income) shall, with the necessary modifications, apply in relation to the computation of the net agricultural income of the assessee as they apply in relation to the assessment of the total income 40rule 12 -for the purposes of computing the net agricultural income of the assessee, the assessing officer shall have the same powers as he has under the income-tax act for the purposes of assessment of the total income (see section 76)in the first schedule to the customs tariff act,—(i) in chapters,—(1) in sub-heading nos 080211 and 080212, for the entries in columns (4) and (5), the entries "100% plus rs 50 per kg" and "90% plus rs 50 per kg" shall, respectively, be substituted:(2) in sub-heading no 080250, for the entries in columns (4) and (5), the entries "200% plus rs 25 per kg" and "190% plus rs 25 per kg" shall, respectively, be substituted;10(3) in sub-heading no080620, few the entries in columns (4) and (5), the entries "100% plus rs 50 per kg" and "90% plus rs 50 per kg" shall, respectively, be substituted;(4) in sub-heading no 081350, fw the entries in columns (4) and (5), the entries " 200% plus rs 25 per kg" and "190% plus rs 25 per kg" shall, respectively, be substituted;(ii) in chapter 12, in sub-heading no120710, for the entries in columns (4) and (5), the entries "200%" and "190%" shall, respectively, be substituted;15 (hi) in chapter 22, in sub-heading no 220810, f(» the entry in column (4), the entry "rs 80 per litre or 270%,whichever is higho-" shall be substituted;(iv) in chapter 28, in sub-heading nos 280110, 280120, 280130, 280200, 280300, 280410, 280421, 280429,280430, 280440, 280450, 280461, 280469, 280470, 280480, 280490, 280511, 280519, 280521, 280522,280530, 280540, 280610, 280620, 280700, 280800, 280910, 280920, 281000, 281111, 281119, 281121,20 281122, 281123, 281129, 281210, 281290, 281310, 281390, 281410, 281420, 281511, 281512, 281520,281530, 281610, 281620, 281630, 281700, 281810, 281820, 281830, 281910, 281990, 282010, 282090, 282110, 282120, 282200, 282300, 282410, 282420, 282490, 282510, 282520, 282530, 282540, 282550, 282560, 282570, 282580, 282590, 282611, 282612, 282619, 282620, 282630, 282690, 282710, 282720, 282731, 282732, 282733, 282734, 282735, 282736, 282737, 282738, 282739, 282741, 282749, 282751,25 282759, 282760, 282810, 282890, 282911, 282919, 282990, 283010, 283020, 283030, 283090, 283110,283190, 283210, 283220, 283230, 283311, 283319, 283321, 283322, 283323 , 283324, 283325, 283326, 283327, 283329, 283330, 283340, 283410, 283421, 283422, 283429, 283510, 283521, 283522, 283523,283524, 283525, 283526, 283529, 283531, 283539, 283610, 283620, 283630, 283640, 283650, 283660,283670, 283691, 283692, 28^3693, 283699, 283711, 283719, 283720, 283800, 283911, 283919, 283920,30 283990, 284011, 284019, 284020, 284030, 284110, 284120, 284130, 284140, 284150, 284160, 284170,284180, 284190, 284210, 284290, 284310, 284321, 284329, 284330, 284390, 284410, 284420, 284430, 284440 284450, 284510, 284590, 284610, 284690, 284700, 284810, 284890, 284910, 284920, 284990, 285000and285100, for the entry in column (4), the entry " 1 0 0 % rs 25 per kg" sliall be substituted;(v) in chapter 29,—354045(1) in sub-heading nos 290110, 290121, 290122, 290123, 290124, 290129, 290211, 290219, 290241,290242, 290243, 290250, 290270, 290290, 290311, 290312, 290313, 290314, 290315, 290316, 290319,290321, 290322, 290323, 290329, 290330, 290340, 290351, 290359, 290361, 290362, 290369, 290410,290420, 290490, 290511, 290512, 290513, 290514, 290515, 290516, 290517, 290519, 290521, 290522,290529, 290531, 290532, 290539, 290541, 290542, 290543, 290544, 290549, 290550, 290611, 290612,290613, 290614, 290619, 290621, 290629, 290711, 290712, 290713, 290714, 290715, 290719, 290721, 290722, 290723, 290729, 290730, 290810, 290820, 290890, 290911, 290919, 290920, 290930, 290941,290942, 290943, 290944, 290949, 290950, 290960, 291010, 291020, 291030, 291090, 291100, 291211,291212, 291213, 291219, 291221, 291229, 291230, 291241, 291242, 291249, 291250, 291260, 291300,291411, 291412, 291413, 291419, 291422, 291423, 291429, 291430, 291441, 291449, 291450, 291461,291470 291511, 291512, 291513, 291521, 291522, 291523, 291524, 291529, 291531, 291532, 291533,291534, 291535, 291539, 291540, 291550, 291560, 291570, 291590, 291611, 291612, 291613 291614291615 291619, 291620, 291631, 291632, 291633, 291639, 291711, 291712, 291713, 291714, 291719,291720, 291731, 291732, 291733, 291734, 291735 291739, 291811, 291812, 291813, 291814, 291815,-91316 291817, 291819, 291821, 291822, 291823, 291829, 291830, 291890, 291900, 292010, 292090,25211, 292112, 292119, 292121, 292122, 292129, 292130, 292144, 292149, 292151, 292211, 292212,292215, 292219, 292221, 292222, 292229, 292230, 292241, 292242, 292249, 292310, 292320, 292390,2;2410, 292421, 292429, 292519, 292520, 292610, 292620, 292690, 292700, 292800, 292910, 292990,253g10, 293020, 293030, 293040, 293090, 293100, 293211, 293212, 293213, 293219, 293221, 293229, 5293290, 293311, 293319, 293321, 293329, 293331, 293339, 293340, 293351, 293359, 293361, 293369,293379, 293390, 293410 293420, 293430, 293490 and 293500, for the entry in column (4), the entry "100% puis rs 25 per kg" shall be substituted;i-; in sub-heading nos 293610 293621 293622 293623, 293624, 293625, 293626, 293627, 293628, 293629 and 293690, for the entries in columns (4) and (5), the entries" 100% plus rs 25 per kg" and" 94% plus 10rs 25 per kg" shall, respectively, be substituted;(3) in sub-heading nos 293710, 293721, 293722, 293729, 293791, 293792 and 293799, for the entries in cviiu;ins (4) and (5), the entries "100% plus rs 25 per kg" and "90% plus rs 25 per kg" shall, respectively, be l / ^ t a t la i0 vj y(4) in sub-heading nos 293810, 293890,293910, 293921, 293929 and 293930, for the entry in column (4), the 15 civs) "locvc plus rs, 25 per kg" shall be substituted;(5) in sub-heading nos 293940 and 293950, for the entries in columns (4) and (5), the entries "100% plus rs 25 per k^" and "90 % plus rs 25 per kg" shall, respectively, be substituted;(6) in sub-heading nos 293960,293970,293990 and 294000, for the entry in column (4), the entry "100% plus rs 25 per kg" shall be substituted; 20(7) in sub-heading nos 294110, 294120, 294130, 294140, 294150 and 294190, for the entries in columns (4) and (5), the entries "100 % plus rs 25 per kg" and "94 % plus rs 25 per kg" shall, respectively, be substituted;(c) in sub-heading no 294200, for the entry in column (4), the entry "100% plus rs 25 per kg" shall be siidsliiuiecl;(■,ij in chapter 38,— 25(1) in sub-heading no 380110, for the entries in columns (4) and (5), the entries "100% plus rs 25 per kg" and "9c9c plus rs 25 per kg" shall, respectively, be substituted;(1) in sub-heading nos 380120, 380130 and 380190, for the entry in column (4), the entry "100% plus rs 25 per kg" shall be substituted;(3) in sub-heading no 380210, for the entries in columns (4) and (5), the entries "100% p/uy rs 25 per kg" and 30"90% plus rs 25 p<a- kg" shall, respectively, be substituted;(4) in sub-heading nos 380290, 380300, 380400, 380510, 380520, 380590, 380610, 380620, 380630,3s0690, 380700, 380810, 380820, 380830, 380840, 380890, 380910, 380991, 380992, 380999, 381010, 3s1c90, 381111, 381119, 381121, 381129 and 381190 for the entry in column (4), the entry " 100% plus rs 25 per kg" shall be substituted; 35(5) in sub-heading no 381210 f(w the entries in columns (4) and (5) the entries "100% p/u5 rs 25 per kg" and "90% plus rs 25 per kg" shall, respectively, be substituted;(6) in sub-heading nos 381220, 381230, 381300 and 381400, for the entry in column (4), the entry "100% plus rs 25 per kg" shall be substituted;(7) in sub-heading nos 381511 and 381512, for the entries in columns (4) and (5), the enuies "100% plus rs 25 40per kg" and "90% plus rs 25 per kg" shall, respectively, be substituted;(s) in sub-heading nos 381519, 381590, 381600, 381710, 381720, 381800, 381900, 382000, 382l00,382200, 382310, 382320, 382330, 382340, 382350, 382360 and 382390, for the enuy in column (4), the-entry plus rs 25 per kg" shall be substituted;(vu) in chapter 39, in sub-heading nos 3 9 1910391990, for the entry in cdumn (4), the entry "100% plus rs 100 per kg" shall be substituted;(viii) in chapter 89,—(1) for the word "note", occurring bdow the title of the ch^)ter, the wmd "notes" shall be substituted;s (2) the existing note shall be numbered as note 1, and after note 1 as so numbered, the following note shall be inserted, namely:—'2 in heading no 8908 "light dis|dacement tonnage (ldl)" means ldt in metric tonnes as per builder's registered ldt referred to in the stability book or the builder's c(»tiricate at the time of initial commissionkig of die vessel or the floating structure:10 provided that in case of any change in the ldt, the highest of the ldt indicated in any of the documents refenedto above shall be taken for the purpose of levy of duty';(ix) in chapter 99, in heading no 9912, in column (3), for the words "trade catalogues andadvertisements orajlars", the wofds "ccaimercial catalogues in book pc»m" shall be substituted part iin the schedule to the central excise tariff act—(1) in chapter 9,— 5(a) in sub-heading no 090211, for^'the entry in column (4), the entry "rs 250 per kilogram" shall be substituted; ,,5(b) in sub-heading no 090212, for the entry in column (4), the entry "rs 325 per kilogram" shall be substituted;(c) in sub-heading no 090213, for the entry in column (4), the entry "15%" shall be substituted;(2) in chapter 15, in sub-heading no 150890, for the entry in column (4), the entry "rs 1,900 per tonne" shall be 10substituted;(3) in chapter 21,—(d^ in sub-heading no 210110, for the entry in column (4), the entry "30%" shall be substituted;(b) in sub-heading no 210120, for the entry in column (4), the entry "15%" shall be substituted;(c) in sub-heading no 210611, for the entry in column (4), the entry " 2 5 % rs40 per kilogram" shall be 15substituted;(4) in chapter 22,—(a) in sub-heading nos 220111 and 220112, in column (4), for the figures and word "25 paise", the figures and word "50 paise" shall be substituted;(b) in sub-heading no 220211, for the entry in column (4), the entry "75 paise" shall be substituted; 20(c) in sub-heading no 220212, for the entry in column (4), the entry "80 paise" shall be substituted;(d) in sub-heading no 220213, for the entry in column (4), the entry "90 paise" shall be substituted;(e) in sub-heading no 220214, in column (4), for the figures and word "65 paise", the figures and word "90 paise" shall be substituted;(5) in chapter 26, for note 2, the following notes shall be substioited, namely:— 25"2 for the purposes of heading nos 2601 to 2617, the term "ores" means minerals of mineralogical species actually used in the metallurgical industry for the extraction of mercury, of the metals of heading no 2844 or of the metals of section xiv or xv, even if they are intended for non-metallurgical purposes heading nos 2601 to 2617 do not, however, include minerals which have been submitted to processes not normal to the metallurgical industry3 heading no 2620 applies only to ash and residues of a kind used in industry either for the extraction of metals or 30as a basis for the manufacture of chemical compounds of metals";(6) in chapter 27,—(a) in note 3, for the figures and word "270791,270792,270793, 270794 and 270795", the figures and word "270710,270720,270730,2101 ao and 270750" shall be substituted;35(b) in sub-heading nos 270100, 270200, 270300, 270400, 270500, 270740, 270819 and 270900, for the enu7 in column (4), the entry "15%" shall be substiuited;(c) in sub-heading no 271050, for the entry in cohimn (4), the entry "rs 145 per kilolitre at 15® c" shall be substituted;(4) in sub-heading no 271094, for the entry in column (4), the entry "rs 620 per tonne" shall be substituted;(e) in sub-heading no 271111 and 271121, for the entry in column (4), the entry "15%" shall be (f) in sub-heading no 271321, for the entry in column (4), the entry "rsl60 pa tonne" shall be substituted; (g) in sub-heading no 271322, for the entry in column (4), the entry "rs 110 per tonne" shall be substituted;5 (h) in sub-heading no 271411, for the entry in column (4), the entry "rs 160 per tonne" shall be substituted;(i) in sub-heading no 271412, for the entry in column (4), the entry "rs 110 per tonne" shall be substituted;(j) in sub-heading no 271490, for the entry in column (4), the entty "15%" shall be substituted; (k) in sub-heading no 271511, for the entry in column (4), the entry "rs 160 per tonne" shall be substituted; (!) in sub-heading no 271590, for the entry in column (4), the entry "15%" shall be substituted;10 (7) in chapter 29, in sub-heading nos 294110, 294120, 294130, 294140,294150 and 294190, for the entry incolumn (4), the entry "15%" shall be substituted;(8) in chapter 30, note 6 shall be omitted;(9) in chi^ter 36, in sub-heading no 360200, for the entry in column (4), the entry "20%" shall be substituted; (10) in chapter 37,—15 ((^ in sub-heading nos 370120 and 370220, for the entry in column (4), the entry "rs 150 per metre" shall besubstituted;(b) in sub-heading no 370290, for the entry in column (4), the entry "20% plus rs 24 per square metre" shall b substituted;(11) in chapter 39,—20 (a) for note 6, the following note shall be substituted, namely:—'6 (a) in heading nos 3901 to 3914, the expression "primary forms" applies only to the following forms:-(i) liquids and pastes, including dispersions (emulsions and suspensions) and solutions; (a) blocks of irregular shape, lumps, powders (including moulding powers), granules, flakes and similar bull fc»ms^ (b) notwithstanding anything contained in note 3 to this chapter, heading nos 3901 to 3914 shall also includeprimary forms obtained from conversion of another primary form, falling under the same heading, and such conversioi shall amount to "manufacture"';(b) for note 13, the following note shall be substituted, namely:—'13 notwithstanding anything contained in note 12 to this chapter, in heading nos 3909, 3921, 3923, 3924 ^ 3925 and 3926, "rigid polyurethane foam" means cellular polyurethane with compressive strength of 0418 to 281kg/cm^ and flexural strength of 105 to 2814 kgatm^ when tested in accordance with american standan (designation astm-d-2341)';(c) after note 14, the following note shall be inserted, namely:—15 for the purposes of heading nos 3919, 3920 and 3921, the expression "film" means sheetin35 thickness not exceeding 025 millimetres';(c^ in sub-heading nos 390960 and 392610, in column (4), for the figures and abbreviation "75%" the flgures abbreviations and words "60% plus rs 40 per kilogram" shall be substituted(12) in chapter 40, in sub-heading no 401110, for the aitry in column (4), the «itry "60%" shall be substituted;(13) in chapter 48,—(a) for note 3, the following note shall be substituted, namely:—3 in this chapter "newsfvint" means paper intended fw the (hinting of newq>iq>ers';(b) for note 8, the following notes shall be substituted, namely:— s"8 heading no 4820 does not cover loose sheets w cards, cut to size, whether or not printed, embossed or perforated9 heading no 4823 applies, inter alia, to perfcvated p ^ r or p:q>eiboard cards for jacquard or similar machines and paper lace10 except for the goods of heading no 4814 or 4821, p^>er, pt^rboard, cellulose wadding and articles thereof, 10printed with motifs, characters or pictorial representations, which are not merely incidental to the primary use of the goods, fall in chapter 49";(c) in sub-heading no 481190, in column (4), fw the figures, abbreviations and word " 10% plus rs 2,000", the figures, abbreviations and word "35% plus rs 2,000" shall be substituted;(14) in chapter 52, - ^(a) notes 3 and 4 shall be omitted;(b) notes 5 and 6 shall be renumbered as notes 3 and 4, respectively;(c) in sub-heading no 520333, for the entry in column (4), the entry "2640 paise plus 352 paise per count per kilogram exceeding 35" shall be substituted;(4) in sub-heading no 520334, for the entry in column (4), the entry "6160 p a i s e 528 paise per count per 20 kilogram exceeding 45" shall be substituted;(e) in sub-heading no 520335, for the entry in column (4), the entry "11440 paise plus 264 paise per count per kilogram exceeding 55" shall be substituted;(f) in sub-heading no 520343, for the entry in column (4), the entry "11440 paise plus 528 paise per count per kilogram exceeding 35" shall be substituted; 25(g) sub-heading nos 520610 and 520620 and the entries relating th^eto shall be omitted;(h) sub-heading nos 520631,520632, 520633,520634, 520635 and 520636 shall be renumbo'ed as sub-heading nos 520611, 520612, 520613, 520614, 520615 and 520616, respectively;(15) in chapter 70,—(a) in note 1, in item (c), for the words "fittings or insulating material", the words "fittings of insulating 30material" shall be substituted;(b) in heading no 7014, in column (4), for the figures and abbreviation "30%", the figures and abbreviation "35%" shall be substituted;(16) in section xv, for the note, the following notes shall be substituted, namely :— 'notes1 this section does not cover;(a) prepared paints, inks or other products with a basis of metallic flakes or powdct (heading nos 3207 to 3210,3212, 3213 or 3215);(b) fcrro-cerium or other pyrophoric alloys (heading no 3606);(c) headgear or parts thereof of chapter 65;(d) umbrella frames or other articles of chapter 66;(e) goods of chapter 71 (for example, precious metal alloys, base metal clad with precious metal, imitation jewellery);5 (f) articles of section xvi (machinery, mechanical appliances and elecu-ical goods);(g) assembled railway or tramway track (heading no 8608) or otherarticles of section xvii (vehicles, ships and boats, aircraft);(h) instruments or apparatus of section xviii, including clock or watch springs;(ij) lead shot prepared for ammunition (heading no 9306) or other articles of section xix (arms and ammunition);10 (k) articles of chapter 94 (for example, furniture, mattress supports, lamps and lighting fittings, illuminated signs,prefabricated buildings);(i) articles of chapter 95 (for example, toys, games, sports requisites); or(m) hand sieves, buttons, pens, pencil-holders pen nibs or other articles of chapter 96 (miscellaneous manufactured articles)15 2 throughout this schedule, the expression "parts of general use" means:(a) articles of heading no 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metal;(b) springs and leaves for springs, of base metal, other than clock or watch springs (heading no 9114); and (c) articles of heading nos 8301, 8302, 8308, 8310 and frames and mirrors, of base metal, of heading no 8306in chapters 73 to 76 and 78 to 82 (but not in heading no 7315) references to parts of goods do not include references to parts of general use as defined abovesubject to the preceding paragraph and to note 1 to chapter 83, the articles of chapter 82 or 83 are excluded from chapters 72 to 76 and 78 to 813 classification of alloys (other than ferro-alloys and master alloys as defined in chapters 72 and 74):25 (a) an alloy of base metals is to be classified as an alloy of the metal which predominates by weight over each of theother metals;(b) an alloy composed of base metals of this section and of elements not falling within this section is to be u'cated as an alloy of base metals of this section if the total weight of such metals equals or exceeds the total weight of the other elements present;^ (c) in this section the term "alloys" includes sintered mixtures of metal powders, heterogeneous intimate mixturesobtained by melting (other than cermets) and intermetallic compounds4 unless the context otherwise requires, any reference in this schedule to a base metal includes a reference to alloys which, by virtue of note 3 above, are to be classified as alloys of that metal 5 classification of composite articles:except where the headings otherwise require, articles of base metal (including articles of mixed materials treated as articles of base metal under the interpretative rules) containing two or more base metals are to be u-eatcd as articles of the base mcuil predominating by weight over each of the o^er metals for this purpose:(a) iron and sieel, or different kinds of iron or slccl, are regarded as one and the same melal;(h) an alloy is regarded as being entirely composed of that metal as an alloy of which, by virtue of note 3, it is classified; and(c) a cermet of heading no 8113 is regarded as a single base metal6 in this section, the following expressions have the meanings hereby assigned to them: 5 (a) waste and scrap:metal waste and scrap from the manufacture or mechanical working of metals, and metal goods definitely not usable as such because of breakage, cutting-up, wear or other reasons (b) powders:products of which 90% or more by weight passes through a sieve having a mesh aperture of 1 mm'; 10(17) in chapter 72, for the notes, the following notes shall be substituted, namely:— 'notes1 in this chapter and, in the case of notes {d), (e) and (f) throughout this schedule, the following expressions have the meanings hereby assigned to them: (a) pig iron:iron-carbon alloys not usefully malleable, containing more than 2% by weight of carbon and which may contain by weight one or more other elements within the following limits:- not more than 10% of chromium - not more than 6% of manganese- not more than 3% of phosphorus ^- not more than 8% of silicon- a total of not more than 10% of other elements (b) spiegeleisen:iron-carbon alloys containing by weight more than 6% but not more than 30% of manganese and otherwise conforming to the specification at fa) above 25 (c) ferro-alloys:alloys in pigs, blocks, lumps or similar primary forms, in forms obtained by continuous casting and also in granular or powder forms, whether or not agglomerated, commonly used as an additive in the manufacture of other alloys or as de-oxidants, de-sulphurising agents or for similar uses in ferrous metallurgy and generally not usefully malleable, containing by weight 4% or more of the element iron and one or more of the following: ^- more than 10% of chromium- more than 30% of manganese- more than 3% of phosphorus - more than 8% of silicon- a total of more than 10% of other elements, excluding carbon, subject to a maximum content of 10% in the case of copper (d) steel:ferrous materials other than those of heading no 7203 which (with the exception of certain types produced in the form of castings) are usefully malleable and which contain by weight 2% or less of carbon however, chromium steels may contain higher proportions of carbon ^ (e) stainless steel: alloy steels containing, by weight, 12% or less of carbon and 105% or more of chromium, with or without other elements (f) other alloy steel:steels not complying with the definition of stainless steel and containing by weight one or more of the following elements in the proportion shown:- 03% or more of aluminium5 - 00008% or more of boron- 03% or more of chromium - 03% or more of cobalt - 04% or more of copper - 04% or more of lead10 - l65% or more of manganese- 008% or more of molybdenum- 03% or more of nickel mo- 006% or more of niobium - 06% or more of silicon15 - 005% or more of titanium- 03% or more of tungsten (wolfram)- 01% or more of vanadium- 005% or more of zirconium - 01% or more of other elements (except sulphur, phosphorus, carbon and nitrogen), taken separately20fe) remelting scrap ingots of iron or steel:products roughly cast in the form of ingots without feeder-heads or hot tops, or of pigs, having obvious surface faults and not complying with the chemical composition of pig iron, spiegeleisen or ferro-alloys (h) granules:products of which less than 90% by weight passes through a sieve with a mesh aperture of 1 mm and of which ^ 90% or more by weight passes through a sieve with a mesh aperture of 5 mm (ij) semi-finished products:continuous cast products of solid section, whether or not subjected to primary hot-rolling; and other products of solid section, which have not been further worked than subjected to primary hot-rolling or roughly shaped by forging, including blanks for angles, shapes or sections30 these products are not presented in coils (k) flat-rolled products:rolled products of solid rectangular (other than square) cross-section, which do not conform to the definition at (ij) above in the form of:- coils of successively superimposed layers, or35 straight lengths, which if of a thickness less than 475 mm are of a width measuring at least ten times the thickness or if of a thickness of 475 mm or more are of a width which exceeds 150 mm and measures at least twice the thickness40flat-rolled products include those with patterns in relief derived directly from rolling (for example, grooves, ribs, chequers, tears, buttons, lozenges) and those which have been perforated, corrugated or polished, provided that they do not thereby assume the character of articles or products of other headingsrat-rolled products of a shape other than rectangular or square, of any size are to be classified as products of a width of 600 mm or more, provided that they do not assume the character of articles or products of other headings(i) bars and rods, hot-rolled, in irregularly wound coils:hot-rolled products in irregularly wound coils, which have a solid cross-section in the shape of circles, segments of circles, ovals, rectangles (including squares), mangles or other convex polygons these products may have iijidentations, ribs, grooves or other deformations produced during the rolling process (reinforcing bars and rods); (m) other bars and rods:products which do not conform to any of the definitions at (ij), (k) or (i) above or to the definition of wire, which have a uniform solid cross-section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles or other convex polygons these products may:- have indentations, ribs, grooves or other deformations produced during the rolling process (reinforcing bars 5 and rods);- be twisted after rolling (n) angles, shapes and sections:10products having a uniform solid cross-section along their whole length which do not conform to any of the definitions at (ij)y (k) (i) or (m) above or to the definition of wirechapter 72 does not include products of heading no 7301 or 7302 (o) wire:cold-formed products in coils, of any uniform solid cross-section along their whole length, which do not conform to the definition of flat-rolled products (p) hollow drill bars and rods: 15hollow bars and rods of any cross-section, suitable for drills, of which the greatest external dimension of ihe cross-section exceeds 15 mm but does not exceed 52 mm, and of which the greatest internal dimension docs not exceed one half of the greatest external dimension hollow bars and rods of iron or steel not conforming to this definition are to be classified in heading no 7304(g) skelp: 20hot-rolled narrow strip of width not exceeding 600mm with rolled (square, slightly round or bevelled) edge2 ferrous metals clad with another ferrous metal are to be classified as products of the ferrous metal predominating by weight3 iron or steel products obtained by electrolytic deposition, by pressure casting or by sintering are to be classified, according to their form, their composition and their appearance, in the headings of this chapter appropriate to similar 25 hot-rolled products sub-heading n otein this chapter the following expressions have the meanings hereby assigned to them:(a) non-alloy free-cutting steelnon-alloy steel containing, by weight, one or more of the following elements in the specified proportions: ^- 008% or more of sulphur- 01 % or more of lead- more than 005% of selenium- more than 001% of tellurium- more than 005% of bismuth 35(b) silicon-electrical steelalloy steels containing by weight at least 06% but not more than 6% of silicon and not more than 008% of carbon they may also contain by weight not more than 1% of aluminium but no other element in a proportion that would give the steel the characteristics of another alloy steel(c) high speed steel 40alloy steels containing, with or without other elements, at leasi iwo of the three elements molybdenumtungsten and vanadium with a combined content by weight of 7% or more, 06% w more of carbon and 3 to 6% of chromium(d^ silicon-manganese steelalloy steels containing by weight: - 035% or more but not more than 07% of carbon,- 05% or mch-e but not more than 12% of manganese, and - 06% or more but not more than 23% of silicon, but not containing any other element in a proportion that would give the steel the characteristics of another alloy steel';(18) in chapter 73, for the notes, the following notes shall be substituted, namely:—10'notes1 in this chapter the expression "cast iron" applies to products obtained by casting in which iron predominates by weight over each of the other elements and which do not comply with the chemical composition of steel as defined in note \(d) to chapter 72152 in this chaptct the word "wire" means hot or cold-formed products of any cross-sectional shape, of which no crosssectional dimension exceeds 16 mm'; (19) in chapter 74, for the nottes, the following note shall be substituted, namely:— 'notein this chapter the following exp-essions have the meanings hereby assigned to them: (a) rehned copper:20metal containing at least 9985% by weight of copper, or metal containing at least 975% by weight of copper, provided that the content by weight of any other element does not exceed the limit specified in the following table: table—other elements253035elementlimiting content % by weightagsilvct025asarsenic05cdcadmiuml3qchromium14mgmagnesium08pbled15ssulphur07sntin08tetellurium08zhzinc1zrzirconium03______________ other elements, each___03other elements are, for example, al, be, co, fe, mn, ni, si (b) copper alloys:metallic substances other than unrefined copper in which copper predominates by weight over cacn of tn; ciri-:r elements, provided that: (i) the content by weight of at least one of the other elements shall be greater than the limit specified in the foregiong table; or(ii) the total content by weight of such other elements exceeds 25% (c) master alloys:alloys containing with other elements more than 10% by weight of copper, not usefully malleable a;id commonly used as an additive in the manufacture of other alloys or as de-oxidants, de-sulphurising agents or for similar uses in the metallurgy of non-ferrous metals however, copper phosphide (phosphor copper) containing more than 15% by weight of phosphorus falls in heading no 2848 (d) bars and rods:rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-section along their 5 whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles", and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products, with a rectangular (including square), triangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the 10width the expression also covers cast or sintered products, of the same forms and dimensions, which have been subsequently worked after {hoduction (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headingswire-bars and billets with their ends tapered or otherwise worked simply to facilitate their entry into machines for converting them into, for example, drawing stock (wire-rod) or tubes, are however to be taken to be 15unwrought copper of heading no 7403 (e) profiles:rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section along their whole length, which do not conform to any of the definitions of bars, rods, wire, plates, sheets, strip, foil, tubes or pipes the expression also covers cast or sintered products, of the same forms, which have been subsequently 20worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings (f) wire:rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons 25(including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the widthin the case of heading no 7414, however, the term "wire" applies only to products, whether or not in coils, of 30 any cross-sectional shape, of which no cross-sectional dimension exceeds 6 mm (g) plates sheets strip and foil:rat-surfaced products (other than the unwrought products of heading no 7403) coiled or not, of solid rectangular (other than square) cross-section with or without rounded comers (including "modified rectangles" of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) of a 35 uniform thickness, which are:- of rectangular (including square) shape with a thickness not exceeding one-tenth of the width- of a shape other than rectangular or square, of any size provided that they do not assume the character of articles or products of other headingsheading nos 7409 and 7410 apply, inter alia, to plates, sheets, strips and foil with pattems (for example 40 grooves, ribs, chequers, tears, buttons k)zenges) and to such products which have been perforated, comigatcd, polished or coated, provided that they do not thereby assume the character of articles or products of other headings (h) tubes and pipes:hollow products, coiled or not which have a uniform cross-section with only one enclosed void along their 45 whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons, and which have a uniform wall thickness products with a rectangular (including square), equilateral triangular or regular convex polygonal cross-section, which may have cwners rounded along their whole length, are also to be taken to be tubes and pipes provided the inner and outer cross-sections are concentric and have the same form and orientation tubes and pipes of the foregoing cross-sections may be polished, coated, bent,5 threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings sub-heae«ng notein this qiapter the following expressions have the meanings hereby assigned to them:(a) copper-zinc base alloys (brasses):alloys of copper and zinc, with or without other elements when other elements are present:10 - zinc predominates by weight over each of such other elements;- any nickel content by weight is less than 5% [see copper-nickel-zinc alloys (nickel silvers)]; and - any tin content by weight is less than 3% [see copper-tin alloys (tffonzes)](b) copper-tin base alloys (bronzes):alloys of copper and tin, with or without other elements when other elements are present, tin predominates by 15 weight over each of such other elements, except that when the tin content is 3% or more the zinc content by weight may exceed that of tin but must be less than 10%(c) copper-nickel-zinc base alloys (nickel silvers):alloys of copper, nickel and zinc, with or without other elements the nickel content is 5% or more by weight [see copper-zinc alloys (brasses)]20(c^ copper-nickel base alloys :alloys of copper and nickel, with or without other elements but in any case containing by weight not more than 1% of zinc when other elements are present, nickel predominates by weight over each of such other elements';(20) in chapter 75, below the tide of the chapter, the following note shall be inserted, namely:— 'note25in this chapter the following exix-essions have the meanings hereby assigned to them:(a) bars and rods:3035rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products which have a rectangular (including "modified rectangular") cross-section«xceeds one-tenth of the width the expression also covers cast or sintered products, of the same forms and dimensions, which have been subsequently worked after jk'oduction (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or fnoducts of other headings40(b) profiles:rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section along their whole length, which do not conform to any of the definitions of bars, rods, wire, plates, sheets, strip, foil, tubes or pipes the expression also covers cast or sintered products, of the same forms, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings(c) wire:rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovak, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross<section may have comers rounded along their whole length the thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the width 5 (d) plates, sheets, strip and foil:rat-surfaced products (other than the unwrought products of heading no 7502), coiled or not, of solid rectangular (other than square) crofis-3^tion with or without rounded comers (including "modified rectangles" of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) of a uniform thickness, which are: 10- of rectangular (including square) shsp& with a thickness not exceeding one-tenth of the width,- of a shape other than rectangular or square, of any size provided that they do not assume the character of articles or products of other headingsheading no 7506 applies, inter alia, to plates, sheets, strip and foil with pattems (for example, grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated, corrugated, polished or coated, 15 provided that they do not thereby assume the character of articles or products of other headings (e) tubes and pipes:hollow products, coiled or not, which have a uniform cross-section with only one enclosed void along their whole length in the shsqpe of circles, ovals, lectangles (including squares), equilateral triangles or regular convex polygons, and which have a uniform wall thickness products with a rectangular (including square), equilateral triangular or 20 regular convex polygonal cross-section, which may have comers rounded along their whole length, are also to be considered as tubes and pipes provided the inner and outer cross-sections are concentric and have the same form and orientation tubes and pipes of the foregoing cross-sections may be polished, coated, bent, threaded, drilled, waisted, expanded, cone-shapedor fitted with flanges, collars or rings sub-heading note 25in this chapter the following expressions have the meanings hereby assigned to them:(a) nickel, not alloyed :metal containing by weight at least 99% qf nickel plus cobalt, provided that:(i) the cobalt content by weight does not exceed 15%, and(ii) the content by weight of any other element does not exceed the limit specified in the following table: 30 table-other elementselementlimiting content % by weightfe ion050 oxygen04other elements, each0335(b) nickel alloys :metallic substances in which nickel predominates by weight over each of the other elements provided that:(i) the content by weight of cobalt exceeds 15%,40(u) the content by weight of at least one of the other elements is greater than the limit specified in the foregoing table, or(ui) the total content by weight of elements other than nickel plus cobalt exceeds 1 %(21) in chapter 76, for the notes, the following note shall be substituted, namely:— notein this chapter the following expressions have the meanings hereby assigned to them:(a) bars and rods:5 rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-section along theirwhole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles" and "^modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross-scction may have comers rounded along their whole length the thickness of such10 products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the widththe expression also covers cast or sintered products, of the same form and dimensions, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of odier headings(b) profiles:15 rolled, extruded, drawn, forged or formed products, coiled or not, of a unifrom cross-section along their wholelength, which do not conform to any of the definitions of bars, rods, wire, plates, sheets, strip, foil, tubes or pipes the expression also covers cast or sintered products, of the same forms, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings20 (c) wire:25rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products which have a rectangular (inclduing "modified rectangular") cross-section exceeds one-tenth of the width(d) plates, sheets, strip and foil:flat-surfaced products (other than the unwrought products of heading no 7601), coiled or not, of solid rectangular (other than square) cross-section with or without rounded comers (including "modified rectangles" of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) of a uniform thickness, which are:- of rectangular (including square) shape with a thickness not exceeding one-tenth of the width,- of a shape other than rectangular or square, of any size provided that they do not assume the character of articles or products of other headingsheading nos 7606 and 7607 apply, inter alia, to plates, sheets, strip and foil with pattems (for example, grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated, corrugated, polished or coatcd, provided that they do not thereby assume the character of articles-or products of other headings (e) tubes and pipes:hollow products, coiled or not, which have a uniform cross-section with only one enclosed void along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons, and which have a uniform wall thickness products with a rectangular (including square), equilateral triangular or regular convex polygonal cross-section, which may have comers rounded along their whole length, are also to be considered as tubes and pipes provided the inner and outer cross-scctions are concentric and have the same form and orientation tubes and pipes of the foregoing cross-sections may be polished, coated, bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings sub-heading notein this chapter the following expressions have the meanings hereby assigned to them:(a) aluminium, not alloyed:metal containing by weight at least 99% of aluminium, provided that the content by weight of any other element does not exceed the limit specified in the following table:table - other elementselementlimiting content % by weightfe + si (iron plus silicon)110other elements (1), each01 (2)(1) other elements are, for example, cr, cu, mg, mn, ni, zn(2) copper is permitted in a proportion greater than 01% but not more than 02%, provided that neither the chromium nor manganese content exceeds 005%(b) aluminium alloys: 15metallic substances in which aluminium predominates by weight over each of the other elements, provided that:(i) the content by weight of at least one of the other elements or of iron plus silicon taken together is greater than the limit specified in the foregoing table;(ii) the total content by weight of such other elements exceeds 1%';(22) in chapter 78, for the note, the following note shall be substituted, namely:— 20 notein this chapter the following expressions have the meanings hereby assigned to them: (a) bars and rods:rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex 25polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), u-iangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the widththe expression also covers cast or sintered products, of the same forms and dimensions, which have been 30 subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings (h) profiles:rolled, cxu-uded, drawn, forged or formed products, coiled or not, of a uniform cross-section along their whole length, which do not conform to any of the definitions of bars, rods, wire, plates, sheets, strip, foil, tubes or 35 pipes the expression also covers cast or sintered products, of the same forms, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings (c) wire:rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along their whole length in 40the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the width(d) plates, sheets, strip and foil:5 flat-surfaced products (other than the unwrought products of heading no 7801), coiled or not, of solidrectangular (other than square) cross-section with or without rounded comers (including "modified rectangles" of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) of a uniform thickness, which are:- of rectangular (including square) shape with a thickness not exceeding one-tenth of the width,- of a shape other than rectangular or square, of any size provided that they do not assume the character of10 articles or products of other headingsheading no7804 applies, inter alia, to plates, sheets, strip and foil with pattems (for example, grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated, corrugated, polished or coated, provided that they do not thereby assume the character of articles or products of other headings15 (e) tubes and pipes:hollow products, coiled or not, which have uniform cross-section with only one enclosed void along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons, and which have a uniform wall thickness products with a rectangular (including square), equilateral triangular or regular convex polygonal cross-section, which may have comers rounded along their whole length, 20 are also to be considered as tubes and pipes provided the inner and outer cross-sections are concentric and have the same form and orientation tubes and pipes of the foregoing cross-sections may be polished, coated, bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings sub-heading notein this chapter the expression "refined lead" means:25 metal containing by weight at least 999% of lead, provided that the content by weight of any other element doesnot exceed the limit specified in the following table:303540table—other elementselementlimiting content % by weightagsilva-002asarsenic0005bibismuth005acalcium0002-cacadmium'0002cucopper008feimn0002ssulphur0002sbantimony0005sntm0005zhzinc0002other (for example te), each0001';(23) in chapter 79, for the notes, the following note shall be substituted, namely:- 'notein this chapter the following expressions have the meanings hereby assigned to them: (a) bars and rods:45rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-section along theirwhole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the width 5 the expression also covers cast or sintered products, of the same forms and dimensions, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings (b) profiles:rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section along their whole 10 length, which do not conform to any of the definitions of bars, rods, wire, plates, sheets, strip, foil, tubes or pipes the expression also covers cast or sintered products, of the same forms, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings (a wire: 15rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products 20 w hich have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the width (d) plates, sheets, strip and foil:flat-surfaced products (other than the unwrought products of heading no7901), coiled or not, of solid rectangular (other than square) cross-section with or without rounded comers (including "modified rectangles" of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) of a 25 uniform thickness, which are:- of rectangular (including square) shape with a thickness not exceeding one-tenth of the width,- of a shape other than rectangular or square, of any size provided that they do not assume the character of articles or products of other headingsheading no7905 applies, inter alia, to plates, sheets, strip and foil with patterns (for example, grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated, corrugated, polished or coated, provided that they do not thereby assume the character of articles or products of other headings (e) tubes and pipes:hollow products, coiled or not, which have a uniform cross-section with only one enclosed void along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex 35 polygons, and which have a uniform wall thickness products with a rectangular (including square), equilateral triangular or regular convex polygonal cross-section, which may have comers rounded along their whole length, arc also to be considered as tubes and pipes provided the inner and outer cross-sections are concentric and have the same form and orientation tubes and pipes of the foregoing cross-sections may be polished, coated, bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings 40 sub-heading notein this chapter the following expressions have the meanings hereby assigned to them:(a) zinc, not alloyed:metal containing by weight at least 975% of zinc(b) zinc alloys:metallic substances in which zinc iwedominates by weight over each of the other elements, provided that the total content by weight of such other elements exceeds 25%(c) zinc dustdust obtained by condensation of zinc vj^ur, consisting of spherical particles which are finer than zinc powders at least 80% by weight of the particles pass through a sieve with 63 micrometres (microns) mesh it must contain at least 85 % by weight of metallic zinc';(24) in ch^ter 80, below the title of the chapter, the following note shall be inserted, namely:— ■note0 in this chaptct the following expressions have the meanings hereby assigned to them:(a) bars and rods:rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles cx regular convex polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the otho- two sides i)eing straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the width the expression also covers cast or sintered products, of the same forms and dimensions, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have 20 not thereby assumed the character of articles or products of other headings(b) profiles:rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section along their whole length, which do not conform to any of the definitions of bars, rods, wire, plates, sheets, strip, foil, tubes or pipes the expression also covers cast or sintered products of the same forms, which have been subsequently 25 worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings(c) wire:rolled, extruded, or drawn products, in coils, which have uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons 30 (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) products with a rectangular (including square), triangular or polygonal cross-section may have comers rounded along their whole length the thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the width(d) plates, sheets, strip and foil:35 flat-surfaced products (other than the unwrought prbducts of heading no 8001), coiled or not, of solidrectangular (otho than square) cross-section with or without rounded cmiers (including "modified rectangles" of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) of a uniform thickness, which are:- of rectangular (including square) shape with a thickness not exceeding one-tenth of the width, - of a shape otho- than rectangular or square, of any size provided that they do not assume the character of articles or products of other headingsheadings nos 8004 and 8005 apply, inter alia ,to plates, sheets, strip and foil with patterns (fw examplegrooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated, corrugated, polished or coated, provided that they do not thereby assume the character of articles ot products of otho- headings(e) tubes and pipes:hollow products, coiled or not, which have a uniform cross-section with only one enclosed void along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex 5 polygons, and which have uniform wall thickness products with a rectangular (including square), equilateral triangular or regular convex polygonal cross-section, which may have comers rounded along their whole length, are also to be considered as tubes and pipes provided the inner and outer cross-sections are conc^tric and have the same form and orientation tubes and pipes of the foregoing cross-sections may be polished, coated, bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings 10 sub-heading notein this chapter the following expressions have the meanings hereby assigned to them:(a) tin, not alloyed :metal containing by weight at least 99% of tin, provided that the content by weight of any bismuth or copper is less than the limit specified in the following table: 15 table - other elementselementlimiting content % by weightbibismuth01cucopper04(b) tin alloys ; 20metallic substances in which tin predominates by weight over each of the other elements, provided that(i) the total content by weight of such other elements exceeds 1 %; or(ii) the content by weight of either bismuth or copper is equal to or greato- than the limit specified in the foregoing table';(25) in chapter 81, below the title of the chapter, the following note shall be inserted, namely:— 25 ■notenote 1 to chapter 74, defining "bars and rods", "profiles", "wire" and "plates, sheets, strip and foil" applies, mutatis mutandis, to this ch^ter';(26) in chapter 82, aftct note 2, the following note shall be inserted, namely:—"3 sets consisting of one or more knives of heading no 8211 and at least an equal number of articles of heading 30no 8215 are to be classified in heading no 8215";(27) in chapter 83, for the notes, the following notes shall be substituted, namely:— 'notes1 for the purposes of this chapter, parts of base metal are to be classified with their parent articles however, articles of iron and steel of heading no 7312, 7315, 7317, 7318 or 7320, or similar articles of other base metal (chapters 3574 to 76 and 78 to 81) are not to be taken as parts of articles of this chapter2 for the purposes of heading no 8302, the word "castors" means those having a diameter (including, where appropriate, tyres) not exceeding 75 mm, or those having a diameter (including, where appropriate, tyres) exceeding 75 mm provided that the width of the wheel or tyre fitted thereto is less than 30 mm';(2s) in section xvi, in note 1, for item caj , the following item shall be substituted, namely"(h) drill pipe (heading no7304);";q9) in chapter 84,—{c^ for note 1, for item {d) , the following item shall be substituted, namely:—"(d) articles of heading no 7321 or 7322 or similar articles of otho- base metals (chapters 74 to 76 or 78 to 81);";(b) for note 6, the following note shall be substituted, namely:—"6 heading no 8482 applies, mter alia ,to polished steel balls, the maximum and minimum diameters of which do 10 not differ from the nominal diameter by more than 1% or by more than 005 mm, whichever is less other steel balls are to be classified in heading no 7326";(30) in chapter 87, in heading no 8716, in column (4), for the figures and abbreviation "15%", the figures and abbreviation "20%" shall be substituted;(31) in ch£^ter 89,—15 (a) fot the word "note", occurring below the title of the chapter, the word "notes" shall be substituted;(b) the existing note shall be numbered as note 1, and after note 1, as so numbered, the following note shall be inserted, namely:—'2 in heading no 8908, "light displacement tonnage (ldt)" means ldt in metric tonnes as per builder's register ldt referred to in the stability book or the builder's certificate at the time of initial commissioning of the 20 vessel or the floating structure:provided that in case of any change in the ldt, the highest of the ldt indicated in any of the documents referred to above shall be taken for the purpose of levy of duty';(32) in chapter 94, in heading no 9403, in column (4), for the figures and abbreviation "25%", the figures and abbreviation "30%" shall be substituted part iiheading nosub-heading nodescription of goodsrate of duty(1)(2)(3)(4)in the schedule to the central excise tariff act,—(1) in chapter 26, for heading nos 2601 to 2602, the following headings shall be substituted, namely:—12%"2601260100iron ores and concentrates, including roasted iron pyrites12%2602260200manganese ores and concentrates, including mangani- ferous iron ores and concentrates with a manganese content of 20% or more, calculated on the dry weight2603260300copper ores and concentrates12%2604260400nickel ores and concentrates12%2605260500cobalt ores and concentrates12%2606260600aluminium ores and concentrates12%2607260700lead ores and concentrates12%2608260800zinc ores and concentrates12%2609260900tin ores and concentrates12%2610261000chromium ores and concentrates12%2611261100tungsten ores and concentrates12%| (1) | (2) ||----------------------------------------------------------|----------------------------------------------------------|| 6) | || (4) | || 2612 | || 261200 | || uranium or thorium ores and concentrates | || 12% | || 2613 | || 261300 | || molybdenum ores and concentrates | || 12% | || 2614 | || 261400 | || titanium ores and concentrates | || 12% | || 2615 | || 261500 | || niobium, tantalum, vanadium or zirconium ores and | || concentrates | || 12% | || 5 | || 2616 | 261600 || precious metal ores and concentrates | || 12% | || 2617 | || 26\7w | || other ores and concentrates | || 12% | || 2618 | || 261800 | granulated slag (slag sand) from the manufacture of iron || or steel | || 12% | || 2619 | || 261900 | slag dross (other than granulated slag), scalings and || other waste from the manufacture of iron or steel | || 12% | 10 || 2620 | 262000 || iron or s thhl), containing metals or metallic compounds | || 12% | || 2621 | 262100 || 12%"; | |(2)in chapter 27,—15(a) after sub-heading no 271013, the following sub-heading shall be inserted, namely:—20"271014 - - raw naphtha rs2,750 perkilo litre at15°c":(b) for sub-heading nos 271041 and 271049, the following sub-heading shall be substituted, namely:—25"271040 - diesel oil, not elsewhere specified, that is to say, any hydrocarbon oil, rsl55perwhich satisfies the following requirements:- kilo litreat 15°c";(i) has a smoke point of less than 10 millimetres;(ii) leaves carbon residue of not less than 1/4 per cent, by weight when tested by ramsbottom carbon residue apparatus;(iii) is as dark as, or darker than, 004 normal iodine solution when tested by colour comparison test; and(iv) possesses a viscosity of less than 100 seconds by 30redwood i viscometer at 378°c(c) for sub-heading nos 271331,271332 and 271339, the following sub-heading shall be substituted, namely:—| "271330 | - other residues of petroleum oils or of oils obtained firom bituminous minerals, ||--------------------------------------------------------------|--------------------------------------------------------------------------------------|| including heavy petroleum stock, low sulphur heavy stock and | tonne"; || other residual fuel oils | 35 |(3) in chapter 30, for heading no 3003, the following heading shall be substituted, namely:—| | "3003 | medicaments (including veterinary medicaments) ||----------------------------------------------------------------------------|------------------------------------------------------------------------------------|--------------------------------------------------|| 300310 | - patent or proprietary medicaments, other than those medicaments which are | 15% || exclusively ayurve^c, unani, siddha, homoeopathic or bio-chemic | 40 | || 3003j20 | - medicaments (othct than patent or proprietary) other than those which are exclu- | m || sively used in ayurvedic, unani, siddha, homoeopathic or bio<hemic systems | | || 300330 | - medicaments, including those used in ayurvedic, unani, siddha, | nil"; || homoe(^athic or bio-chemic systems | | || (4) | in chaptct 39, - | || 45 | | |(a) for heading nos 3901 and 3902, the following headings shall be substituted, namely:—50"3901 polymers of ethylene in primary forms390110 -polyethylene having a specific gravity of less than 094 60%390120 -polyethylene having a specific gravity of 094 or more 60%390130 -ethylene-vinyl acetate o^wlymcts 60%390190 -other 60%| (1) | g) | (3) ||-----------------------------------------------------------|-----------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|| 3902 | polymers of propylene or of other olefins, in primary forms | || 390210 | -polypropylene | 60% || 390220 | -polyisobutylene | 60% || 390230 | -propylene copolymers | 60% || 390290 | -otfier | 60%"; || (b) | for heading no 3904, the following heading shall be substituted, namely:— | || 10 | | || 60% | | || 60% | | || 60% | | || 15 | | || 60% | | || "39w | polymers of vinyl chloride or of other halogenated | || olefins, in primary forms | | || 390410 | - polyvinyl chloride, not mixed with any other substances | || -other polyvinyl chloride: | | || 390421 | - -non-pliticised | || 390422 | - -plasticised | || 390430 | -vinyl chloride-vinyl acetate copolymers | || 390440 | -other vmyl chloride copolymers | || 390450 | -vinylidote chloride polymers | || -fluoro-polymers: | | || 390461 | - -polyletrafluoroethylene | || 390469 | --other | || 390490 | -other | || (c) | | for heading nos 3907 and 3908, the following headings shall be substituted, namely:— || 20 | | || 25 | | || 60% | | || 60% | | || 60% | | || 60% | | || 30 | | || 60% | | || 60% | | || 60% | | || "3907 | polyacetals, other polyethers and epoxide resins, ikprimary | || forms, polycarbonates alkyd resins, polyallyl esters and | | || other polyesters, in primary forms | | || 390710 | -polyacetels | || 390720 | -other polyethers | || 390730 | -epoxide resins | || 390740 | -polycarbonates | || 390750 | -au^d resins including maleic resins and fumeric resins | || 390760 | -polyethylene terq>hthalate | || 390770 | -diallylphthalate resins | || 390780 | -polybutylene terq)hthalate | || -other polyesters: | | || 390791 | - -unsaturated | || 390799 | --other | || 3908 | polyamides in primary forms | || 390810 | -polyamide-6, -11, -12, -6,6,-6,9, -6,10 or -6,12 | || 390890 | -other | || 35 | | |(d) for heading nos 3911, 3912 and 3913, the following headings shall be substituted, namely:—"39114060%391110 391120 39119039124560% 60%60%391211 391212 3912205060% 60%391231 391239 391290391355petroleum resins, coumarone-indene resins, polyterpenes, polysulphides, polysulphones and other products specified in note 3 to this chapter, notelsewhere specified or included, in primary forms -petroleum resins, coumarone, indene or coumarone-indene resins and polyterpenes -polysulphones -othctcellulose and its chemical derivatives, and cellulose ethers, not elsewhere specihed or included in primary forms -cellulose acctates: - -non-plasticised - -plasticised -cellulose nitrates (including collodions)-cellulose ethers: - -carboxymethyl cellulose and its salts --other -othernatural polymers (for examplealginic acid) and modified natural polymers (for example,hardened proteins, chemical derivatives of natural rubber), not elsewhere specihed or included, in primary forms -algihic acid, its salts and esters391310(1)(4)60% 60%(3)-dextran -chlorinated rubber -other(2)391320391330 391390for heading no 3915, the following heading shall be substituted, namely:—(e)"391560%waste, parings and scrap, of plastics 391510 -of polymers of ethylene391520 -of polymers of st^ n e391530 -of polymers of vinyl chloride391590 -of other plastics&)%plus rs 40per kilogram"10(f) for heading no 3918, the following heading shall be substituted, namely:- "39181560%60%";floor coverings of plastics, whether or not self adhesive, in rolls or in the form of tiles; wall or ceiling coverings of plastics, as defined in note 9 to this chapter -of polymers of vinyl chloride -of other plastics391810391890(g) for heading nos 3920, 3921, 3922, 3923, 3924 and 3925, the following headings shall be substituted, namely:—20"3920other plates, sheets, film, foil and strip, of plastics, non- cellular, whether lacquered or metallised or laminated, supported or similarly combined with other materials or not - of polymers of vinyl chloride:25 303540 4550392011- -rigid, plain60%392012- -flexible, plain60%392013- -rigid, lacquered60%392014- -flexible lacquered60%392015- -rigid metallised60%392016- -rexible, metallised60%392017- -rigid, laminated60%392018- -flexiblejaminated60%392019--oaer60%-of regenerated cellulose;392021- -film, plain60%392022- -film, lacquered60%392023- -film, metallised60%392024- -him, laminated60%392025- -sheet, plain60%392026- -sheet, lacquered60%392027- -sheet, metallised60%392028- -sheet, laminated60%392029-other60%-of other plastics;392031- -rigid, plain60%392032- -flexible, plain60%392033--rigid, lacquered60%392034- -flexftle, lacquered60%392035- -rigid, metallised60%392036- -flexible, metallised60%392037- -rigid, laminated60%392038- -flexible, laminated60%392039--other60%3921392111other plates, sheets film, foil and strip, of plastics -cellular- -of polyurethanes60% plus rs 40 per kilogram_____(3)(1)(4)392119 39219060% 60%3922392210392220 39229030%30% 30%392310392311- -of other plastics —otherbaths, shower-baths, wash-basins, bidets lavatory pans,seats and covers, flushing cisterns and similar sanitaryware, of plastics-baths, shower-baths and wash- basins-lavatory seats and covers-otherarticles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics -cellular:- -of polyurethanes1539231939239060% plus rs 40 per kilogram 30% 30%392439241120- -of other plastics -otho-tableware, kitchenware, other household articles and toilet articles, of plastics -cellular: --of polyurethanes39241939249060% plus rs 40 per kilogram 30% 30%39252539251039252039253030%30392591- -of other plastics -otherbuilders' ware of plastics, not elsewhere specified or included-reservoirs, tanks, vats and similar containers, of a capacity exceeding 300 litres-doors, windows and their frames and thresholds for doors -shutters, blinds (including venetian blinds) and similar articles and parts thereof -other: - - of polyurethanes --other39259960% plus rs 40perl^ogram30%";35 (5) in chapter 48,—(a) for sub-heading nos 481131 and 481139, the following sub-heading shall be substituted, namely:—| "481130 | - paper and paperboard coated, impregnated or covered with ||------------------------------------------------------------------|-----------------------------------------------------------------------------------------|| plastic (excluding adhesives) | || 40 | || 35% | plus || rs 1,600 | || per tonne"; | || (b) | for heading nos 4817 and 4818, the following headings shall be substiuited, namely:— || 12 | || % | || "4817 | 481700 || envelopes, letter cards, plain postcards and correspon­ | || dence cards, of paper or paperboard; boxes, pouches, | || wallets and writing compendiums, of paper or paper­ | || board containing an assortment of paper stationery | || 45 | || 4818 | || 481800 | || 50 | || 12 | || % | || toilet paper handkerchiefscleansing tissues towels, | || tablecloths serviettes napkins for babies tampoons, | || bedsheets and similar house-hold, sanitary or hospital | || articles, articles of apparel and clothing accessories of | || paper pulp, paper cellulose wadding or webs of cellulose fibres | || 4819 | || 55 | || cartons, boxes cases, bags and other packing containers | || of paper, paperboard cellulose wadding or webs of cellulose | || fibres; box files letter trays and similar articles, of paper | || or paperboard of a kind used in offices, shops or the like | |a)(3)(4)- cartons, boxes, containers and cases (including flattened or folded boxes andflattened or folded cartons), whether in assembled or unassembled condition:481911- - intended for packing of match slicksm481912- - printed cartons, boxes, containers and cases35%481919--otherm5481990- other12%4820482000registers, account books, note books, order books,12%receipt books, letter pads, memorandum pads,diaries and similar articles, exercise books, blotting-pads, binders (loose-leaf or other), folders, file10covers, manifold business forms, interleavedcarbon sets and other articles of stationery, of paper or paperboard; albums for samples or forcollections and book covers, of paper or paperboard4821482100paper or paperboard labels of all kinds, whether12%15or not printed4822482200bobbins, spools, cops and similar supports of12%paper pulp, paper or paperboard (whether or not perforated or hardened)4823other paper, paperboard, cellulose wadding and20webs of cellulose rbres, cut to size or shape; other articles of paper pulp, paper, paperboard,cellulose wadding or webs of cellulose fibres- other paper, paperboard, cellulose wadding and webs of cellulose fibrescut to size or shape:25482311- - gummed or adhesive paper in strips or rolls10% plus rs 1,600per tonne482312- - cards, not punched, for punchcard machines10% plus rs 1,600whether or not in stripsper tonne482313- - braille paperm30482314- - blotting paper10% plus rs 1,200per tonne482319- - other10% plus rs 1,600per tonne482390-other12%";(6)in chapter 52, for heading nos 5207 and 5208, the following headings shall be substituted, namely :—35"520740520700 cotton fabrics (excluding fabrics covered under heading nos5209, 5210 and 5211),— (a) woven on looms other than handlooms, and (h) subjected to the process of bleaching, mercerising, dyeing, printing, water-proofing, shrink-proofing, organdie processing or any other process or any two or more of these processes, without the aid of power or steam45520850fifty per cent, of the duty leviable under sub-heading nos 520611 to 520616 and 520691 to 520694, as the case may be, depending upon the average count of yam in the fabric and the value per square metre of the fabriccotton fabrics (excluding fabrics covered under heading nos5209, 5210, 5211 and 5212), - (a) woven on handlooms, and (b) subjected to the process of bleaching mercerising, dyeing printing, water-proohng, shrink- proofing, organdie processing or any other process or any two or more of these processes520810 - processed without the aid of power or steamfifty per cent, of the duty levi^le under sub-heading nos 520611 to 520616 and 520691 to 520694,(1)(2)<3)__________(4)as the case maybe, depending upon the average count of the yam in the fabric and the value per square metre of the fabric- processed with the aid of power or steam:520821- - processed by an independent processor approved in this behalf bythe government of india on the recommendation of the development commissioner for handlooms1015520822forty per cent of the duty leviable under sub-heading nos 520611 to 520616 and 520691 to 520694, as the case may be,depending upon the average count of the yam in the fabric and the value per square metre of the fabric nu520829- - processed by a factory owned by a registered handloom co-operative society or any organisation set up or approved by the govern­ ment for the purpose of development of handlooms- - other2025duty leviable under sub-heading nos520611 to 520616 and 520691 to 520694, as the case may be, depending upon the average count of the yam in the fabric and the value per square metre of the fabric";(7) in chapter 72, for heading nos 7201 to 7215, the following headings shall be substituted, namely:—30rs 100 per tonne 720100720112%rs 100 per tonne720200 7203007202 720335720440rsloo per tonne rs 1,500 per tonne rs 1,500 per tonne rs400 per tonne720410720420 720430 72049045 7205rs 100 per tonne rs 1,500 per tonne rs400 per tonne"i - ^primary materials: products in granular or powder form pig iron and spiegeleisen in pigs, blocks or other primary forms ferro-alloys ferrous products obtained by direct reduction of iron ore and other spongy ferrous products, in lumps, pellets or similar forms; iron having a minimum purity by weight of 9994%, in lumps, pellets or similar formsferrous waste and scrap; remelting scrap ingots of iron or steel -of iron - of stainless steel - of other alloy steel -othergranules and powders, of pig iron, spiegeleisen,iron or steel -of iron - of alloy steel -other720510 720520 72059050 ii—iron and non-alloy steel7206rsloo per tonne rs400 per tonneiron and non-alloy steel in ingots or other primary forms (excluding iron of heading no7203) -of iron -other720610 720690| ____ ||--------------------------------------------------------|| _ || 0) || ___ || (3) || (n 7207 || rs400 per tonne || rs550 per tonne || 720710 || 720790 || 7208 || rs400 per tonne || rs550 per tonne || 720811 || 720819 || 10 || rs400 per tonne || rs550 per tonne || 720821 || 720829 || 15 || rs400 per tonne || rs550 per tonne || rs550 per tonne || 720831 || 720839 || 720840 || rs400 per tonne || rs550 per tonne || 720891 || 720899 || 7209 || 20 || 25 || rs800 per tonne || rs800 per tonne || rs800 per tonne || rs800 per tonne || 720910 || 720920 || 720930 || 720990 || 7210 || 30 || rs 1,200 per tonne || rs 1,200 per tonne || rs 1,200 per tonne || rs 1,500 per tonne || 15% || 721011 || 721019 || 721020 || 721030 || 721090 || 35 || 7211 || semi-finished products of iron or non-alloy steel || -of iron || -other || flat-rolled products of iron or non-alloy steel || of a width of 600 mm or more, hot-rolled, not clad, || plated or coated || - plates and universal plates; || - - exceeding 5 mm in thickness || --othct || - sheets: || - - exceeding 5 mm in thickness || --other || - strips : || - - exceeding 5 mm in thickness || - - other || - skelp || - other flat products; || - - exceeding 5 mm in thickness || - - other || flat-rolled products of iron or non-alloy steel, || of a width of 600 mm or more, cold-rolled (cold- || reduced), not clad, plated or coated || -plates || -sheets || - strips || -other || flat-rolled products of iron or non-alloy steel, || of a width of 600 mm or more, clad, plated or coated || - plated or coated with zinc : || - - corrugated || --other || - hated || ot || coated with tin || - painted, lacquered, varnished or plastic coated || -other || flat-rolled products of iron or non-alloy steel, of || a width of less than 600 mm, not clad, plaw> or coated || - flats : || rs400 per tonne || rs550 per tonne || 721111 || 721119 || 40 || - - exceeding 5 mm in thickness || --other || - universal plates: || rs400 per tonne || rs550 per tonne || rs550 per tonne || 721121 || 721129 || 721130 || 45 || rs800 per tonne || rs400 per tonne || rs550 per tonne || 721141 || 721142 || 721149 || 50 || rs800 per tonne || rs400 per tonne || rs550 per tonne || rs550 per lonne || 721151 || 721152 || 721159 || 721160 || 55 || rs800 per tonne || rs4(x) per tonne || rs550 per tonne || 721191 || 721192 || 721199 |- - exceeding 5 mm in thickpess --other-hoops- sheets:- - cokl-rolkd (cold-reduced) - - hot-rolled, exceeding 5mm in thickness -o ther-strips:- - coki-iolled (cdd-reduce<0 - - hot-rolled, exceeding 5 mm in thickness --other - skelp -other flat products:- - cold-rdled (cdd-reduced)- - ha-rolled, exceeding 5 mm in thickness --otherflat-rolled products of iron or non-alloy steel, of width of less than 600 mm, clad, plated or coatedg)____________________(4)rs1200 per tonne rs1200 per tonne rs 1,200 per tonne rs1,500 per tonne 15%721310rs400 per tonne rs400 per tonne721415rs550 per tonne rs400 per tonne rs400 per tonne721520rs800 per tonne rs800 per tonne rs1200 per tonne rs1200 per tonne rs400 per tonne72162530rs400 per tonne rs800 per tonne rs1200 per tonne rsl200pertonne 15%rs550 per tonne rs400 per tonne7217rs400 per tonne- plated or coated with zinc:721211 --corrugated721219 --other721220 - plated or coated with tin721230 - painted, lacquered, varnished or plastic coated721290 -otherbars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel721310 - of fipee-cutting steel721390 -otherother bars and rods of iron or non-alloy steel,not further worked than forged, hot-rolled, hot-drawn or hot-extruded but including those twisted after rolling721410 -ftaiged721420 - of free-cutting steel721490 -otherother bars and rods of iron or non-alloy steel721510 - of free-cutting steel not further woiked than cold-formed or cold-finished721520 - other, not further worked than cold-formed or cold-finished721530 - i^ated or coated with zinc721540 - plated or coated with other base metals721590 -other angles, shapes and sections of iron or non-alloy steel721610 - not further worked than hot-rolled, hot-drawn or extruded721620 - not furtha-worked than cold-formed or cold-finished721630 - plated or coated with zinc721640 - plated or coated with other base metals721650 - slotted angles and slotted channels721660 - forged721650 -otherwire of iron or non-alloy steel721710 - electric resistance wire (including electric resistance heating wire)721790 - other35m —stainless steelrs1,500 per tonne7218 721800 stainless steel in ingots or other primaryforms; semi-hnished products of stainless steel40rs1,500 per tonne rs1,500 per tonne rs1,500 per tonne45rs1,500 per tonne rs1,500 per tonne rsl,5(x) per tonne rs1,500 per tonne55rs1,500 per tonne rs1,500 per tonne rs1,500 per tonne rs1,500 per tonne rs1,500 per tonne7219 flat-rolled products of stainless steel, of a width of 600 mm or more721910 - not fiirther worked than hot-rolled, whether or not in coils721920 - not further worked than cold-rolled (cold-reduced)721990 -other7220 flat-rolled products of stainless steel, of a width of less than 600 mm722010 - not further worked than not-rolled, whether or not in coils722020 - not further worked than cold-rolled (cold-reduced)722090 -other7221 722100 bars and rods, hot-rolled, in irregularly wound coils,of stainless steel50 7222 other bars and rods of stainless steel; angles, shapesand sections of stainless steel722210 - bars and rods, not furthct wcvked than hot-rolled, hot-drawn or extruded722220 - bars and rods, not further worked than cold-formed or cold-finished722230 -other bars and rods722240 - angles, shapes and sections7223 722300 wire of stainless steel(4)(1)(2)c3) iv— other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel7224722400rs1,500 per tonne722510722510 722520722530 722540722590rs 1,500 per tonne rs1,500 per tonne rs 1,500 per tonne rs1,500 per tonne rs 1,500 per tonne7226722610 722620rs1,500 per tonne rs1,500 per tonne15722691722692 722699rs1,500 per tonne rs1,500 per tonne rs1,500 per tonne20722/722710722720 722790rs1,500 per tonne rs1,500 per tonne rs1,500 per tonne25722830722810722820 722830 722840 722850 722860rs1,500 per tonne rsl ,500 per tonne rs1,500 per tonne rs1,500 per tonne rsl ,500 per tonne rs1,500 per tonne35722871722872 722879rsl ,500 per tonne rs1,500 per tonne rs1,500 per tonne40722881 722882 722889rs1,500 per tonne rs550 per tonne rs400 per tonne722945722910 722920722930 722990 723000rs1,500 per tonne rs1,500 per tonne 10%rs1,500 per tonne rs 1,800 per tonne";7230other alloy steel in ingots or other primary forms; semi- finished products of other alloy steel flat-rolled products of other alloy steel of a width of 600 mm or more- of silicon-electrical steel - of high speed steel- other, not further worked than hot-rollcd, whether or not in coils- other, not further worked than cold-rolled (cold-reduced) -other flat-rolled products of other alloy steel, of a width of less than 600 mm - of silicon-electrical steel -of high speed steel- other: - - not further worked than hot-rolled - - not further worked than cold-rolled (cold-reduced)--other bars and rods, hot-rolled, in irregularly wound coils, of other alloy steel -of high speed steel- of silico-manganese steel -other other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel- bars and tods of high speed steel- bars and rods of silico-numganese steel - other bars and rods not further woiked than hot-iolled, hot-drawn or extruded - other bars and rods, not further woiked than forged - other bars and rods, not further worked than cold-formed or cold-finished- other bars and rods - angles, shapes and sections : - - not further woriced than hot-rolled, hot drawn or extruded- - not further worked than cold-formed or cold-finished --other- hollow drill bars and rods:- - of alloy steel- - of non-alloy steel, forged --othctwire of other alloy steel- of high speed steel - of silico-manganese steel- electric resistance wire (including electric resistance heating wire) - othergoods and materials of chapter 72 obtained by breaking up of ships, boats and other floating structures(8) in chapter 73, for heading nos 7301 to 7309, the following headings shall be substituted, namely:—rs400 per tonne rs400 per tonne"7301 sheet piling of iron or steel,whether or not drilled,punched or made from assembled elements; welded angles, shapes and sections, of iron or steel730110 -sheet piling730120 - angles, shapes and sections| 73 02 ||-------------------------------------------------------|| iron or steel the following: rails, check-rails and || rack rails, switch blades, crossing frogs, point rods || and other crossing pieces, sleepers (cross-ties) |(2)_________________________ 0)______________________(1)(4)nsh-plates, chairs, chair wedges, sole plates (base plates), rail clips, bedplates, ties and other m a ter ia l specialized for jointing or hxing rails -rails - sleepers (cross-ties)-other730210 730220730290rs4(x) per tonne rs4(x) per tonne 15%730300rslcx) per tonne7303730410730410730490tubes pipes and hollow profiles, of cast iron tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel-of iron-otherrsl00 per tonne rsl,5(x) per tonne730515730510 730590rs 100 per tonne rs 1,500 per tonne730620other tubes and pipes (for example, welded, riveted or simh arly closed), having internal and external circular cross-sections, the external diameter of wliich exceeds 4064 mm, of iron or steel -of iron -otherother tubes, pipes and hollow profiles (for example, open seam or welded riveted or similarly closed),of iron or steel-of iron -other730610 730690rs 100 per tonne rs 1,500 per tonne730773070015%tube or pipe rttings (for example, couplings, elbows, sleeves), of iron or steel25 7308303515% 15%15% 15%15%7309730810 730820 730830 730840 730890 7309004073100073104520% plus rs 100 per container73117311005020% plus rs100 per container731215%15%731210731290structures (excluding prefabricated buildings of heading no 9406) and parts of structures (for example,bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, bal-ustrades, pillars and columns), of iron or steel; plates, rods, angles,shapes sections, tubes and the like prepared fqr use in structures of iron or steel- bridges and bridge-sections- towers and lattice masts- doors, windows and their frames and thresholds for doon - props and similar equipment for scaffolding, shuttering or pit-propping -olho-reservoirs tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 l, whether or not lined or heat- insulated, but not fitted with mechanical or thermal equipment tanks, casks, drums, cans boxes, and similar con­ tainers, for any material (other than compressed or liquehed gas), of iron or steel of a capacity not exceeding 300 lwhether or not lined or heat- insulated, but not htted with mechanical or thermal equipment containers for compressed or liquefied gas, of iron or steelstranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated- stranded wire, ropes and cables -other| (2) | (3) ||---------------------------------------------------------------|----------------------------------------------------------|| (4) | || _(1) | __ || 7313 | || 731300 | || 7314 | || 731400 | || 7315 | || 7316 | || 7317 | || 731500 | || 731600 | || 731700 | || barbed wire of iron or steel; twisted hoop or single flat | 15% || wire, barbed or not, and loosely twisted double wire, | || of a kind used for fencing, of iron or steel | || cloth (including endless bands) grill, netting and fencing | || of iron or steel wire; expanded metal of iron or steel | 15% || chain and parts thereof, of iron or steel | 15% || anchors grapnels and parts thereof of iron or steel | 15% || nails, tacks, drawing pins, corrugated nails, staples | 15% , || (other than those of heading no 8305) and similar articles, | || of iron or steel, whether or not with heads of other | || material, but excluding such articles with heads of copper | || 10 | || 15 | || 20% | || 20% | || 15% | || 15% | || 15% | || ao | || 7318 | screws bolts nuts coach-screws, screw hooks, rivets || cotters, cotter-pins, washers (including spring washers) | || and similar articles, of iron or steel | || 731810 | - threaded articles || - non-threaded articles: | || 731821 | - - circlips || 731829 | --othct || 731890 | -other || 7319 | 731900 || embroidery stilettos and similar articles, for use | || in the hand, of iron or steel; safety pins and other pins | || of iron or steel, not elsewhere specified or included | || 7320 | 732000 springs and leaves for springs of iron or steel || 15% | || 25 | || 30 | || 15% | || 15% | || 20 | || % | || 15% | || 35 | || 15% | || 73j23 | || 40 | || 15% | || 7324 | || 7325 | || 45 | || rs 100 per tonne | || rs 1,500 per tonne | || rs 1,500 per tonne | || rs400 per tonne | || 7326 | || 50 | || 15% | || 15% | || 15% | || 15% | || rs 1,800 per tonne": | || 55 | || 7321 | stoves ranges, grates, cookers (including those with || subsidiary boilers for central heating), barbecues, | || braziers, gas-rings, plate warmers and similar | || non-electric domestic appliances, and parts thereof, | || of iron or steel | || 732110 | - cooking appliances and plate warmers || 732120 | - other appumces || 732190 | -parts || 7322 732200 | radiators for central heating, not electrically || heated, and parts thereof, of iron or steel; air | || heaters and hot air distributors which can also | || distribute fresh or conditioned air, not electrically | || heated, incorporating a motor-driven fan | || or blower and parts thereof of iron or steel | || 732300 | table kitchen or other household articles and || parts thereof, of iron or steel; iron or steel wool; | || pot scourers and scouring or polishing pads, gloves | || and the like of iron or steel | || 732400 | sanitary ware and parts thereof, of iron or steel || other cast articles of iron or steel | || 732510 | -of iron || 732520 | - of alloy steel || 732530 | - of stainless steel || 732590 | -otha- || other articles of iron or steel | || - forged or stamped, but not further worked: | || 732611 | - - grinding balls and similar articles for mills || 732619 | --other || 732620 | - articles of iron or steel wire || 732690 | -other || 73 27 | 732700 || breaking up of ships, boats and other floating | || structures | |(1)(2)(i)(4)(9) in chapter 74, for heading nos 7401 lo 7413, the following headings shall be substituted, namely;—"74015 7402740110740120 740200rs6,200 per tonne rs6,2(x) per tonne rs6,2(x) per tonne740310740311 740312 740313 740319rs6,200 per tonne rs6,2(k) per tonne rs6,200 per tonne rs6,200 per tonne15740321 740322 740323rs6,200 per tonne rs6,200 per tonne rs6,200 per tonne740329 740400 740500 740600rs6,200 per tonne rs6,2(x) per tonne rs6,2(x) per tonne 15%7404 20 74057406 740725740711740712rs6,2(x) per tonne rs6,200 per tonne15%rs7,400 per tonne740721 740729740830rs6,200 per tonne 20%740811740819rs6,200 per tonne35740821740829740940rs7,400 per tonne rs7,400 per tonne rs7,400 per tonne rs7,400 per tonne740910740920 740930 740940rs7,400 per tonne740990741045rs7,400 per tonne rs7,400 per tonne74101174101250rs7,4(x) per tonne rs7,400 per tonne741021 741022741115%7411105515%74112174112215%copper mattes; cement copper (precipitated copper) - coppct mattes - cement copper (precipitated copper)unrefined copper; copper anodes for electrolytic rehning refined copper and copper alloys, unwrought - refined copper:- - cathodes and sections of cathodes- - wire-bars - - billets --other- copper alloys:- - copper-zinc base alloys (brass) - - copper-tin base alloys (bronze)- - copper-nickel base alloys (cupro-nickel) or copper-nickel-zinc base alloys (nickel silver)- - other copper alloys (other than master alloys of heading no7405)copper waste and scrapmaster alloys of copper copper powders and flakes copper bars, rods and prohles- bars and rods: - - of refined copper - - of copper alloys- profiles: - - hollow profiles --other copper wire- of refined copper:- - of which the maximum cross-sectional dimension exceeds 6 mm --other- of copper alloys:- - of which the maximum cross-sectional dimension exceeds 6 mm --othctcopper plates, sheets (including circles) and strip of a thickness exceeding 015 mm- of refined copper - of copper-zinc base alloys (brass) - of copper-tin base alloys (bronze)- of copper-nickel base alloys (cupro-nickel) or copper-nickel-zinc base alloys (nickel silver)- of other copper alloyscopper foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 015 mm- not backed:- - of refined copper- - of copper alloys - backed: - - of refined copper - - of copper alloys copper tubes and pipes - of refined coppcr- of copper alloys : - - of copper-zinc base alloys (brass)- - of copper-nickel base alloys (cupro-nickel) or copper-nickelzinc base alloys (nickel silver)(1)(3)(4)g)74112915%7412741315% 15%20%741210 741220 741300--othercopper tube or pipe fittings (for example, couplings, elbows, sleeves)- of refined copper -of copper alloys stranded wire, cables, plaited bands and the like,of copper, not electrically insulated74141015%15%741410 74149074151574151015%2015%15%74152174152920%20%25741531 741532 741539741600 7417007416 741715%15%74183015%741810 3515%cloth (including endless bands),grill and netong, of copper wire; expanded metal of copper- endless bands, for machinery -other nails, tacks, drawing pins, staples (other than those of heading no 8305) and similar articles, of copper or of iron or steel with heads of copper; screws, bolts, nuts, screw hooks, rivets, cotters, cotter-pins, washers (in­ cluding spring washers) and similar articles of copper- nails and tacks, drawing pins, staples and similar articles- other articles, not threaded: - - washers (including spring washers)--other - other threaded articles:- - screws for wood - - other screws; bolts and nuts --other copper springscookiin'g or heating apparatus of a kind used for domestic purposes, non electric, and parts thereof of copper table, kitchen or other household articles and parts thereof, of copt>er; pot scourers and scouring or polishing pads, gloves and the like, of copper; sanitary ware and parts thereof of copper- table, kitchen or other household articles and parts thereof; pot scourers and scouring or polishing pads, gloves and the like- sanitary ware and parts thereof741820741915%7419104015%15%'';other articles of copper- chain and parts thweof -other: - - castmoulded, stamped or forged, but not further worked --other741991 741999(10) in chapter 75, for heading no 7501, the following headings shall be substituted, namely:—"75014515% 15%75025015%15% 15%15%nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy750110 - nickel mattes750120 - nickel oxide sinters and other intermediate products of nickel metallurgyunwrought nickel750210 - nickel, not alloyed 750220 -nickel alloys750300 nickel waste and scrap750400 nickel powders and flakes7503 7504750515% 15%5515% 15%75066015%15%nickel bars, rods, profiles and wire - bars, rods and profiles;750511 - - of nickel, not alloyed750512 - - of nickel alloys -wire:750521 - - of nickel, not alloyed750522 - - of nickel alloysnickel plates, sheets, strip and foil 750610 - of nickel, not alloyed750620 - of nickel alloys(2)(4)(1)7507(3)nickel tubes pipes and tube or pipb p irn il6 s (for example, couplings i^bows, sleivis) -tubeaandptpei:- - of nickel, aot alloyed -• of nickel auoyi- tube or pipe fittings other articles of fnckel750711750712 750720 75080015%15%15%15%";7508(11) in chapter 76, for heading nos 7601 to 7613 the fouowing hcaibiigs shall be substituted, namely:—"760110unwrought aluminium whether or not alloyo)- ingots, billets760110 -wire^ws760120-wire^ods760130 15-othct760190aluminium waste and scrap7602 76020020 7603aluminium powders and flakes760300swhplus rs4,000 per tonne50% plus rs4,000 per tonne50% plus rs4,000 per tonne50% plus rs4,000 per tonne50% plus rs4,000 per tonne50% plus rs4,000 per tonne7604aluminium bars rods and profiles, whetoer ornot alloyed-wiie-rdds76041050% plus rs4,000 per tonne25-profiles:- - houow760421--other76042930- bars and other rods76043050% plus rs4,000 per tonne5iy%plus rs4,000 per tonne50%p/us rs4,000 per tonne7605aluminium wire- of aluminium, not alloyed:- - of which the maximum cross-sectional dimension exceeds 6 mm 76051135--other7605195woplus rs4,000 per tonne5m>plus rs4,000 per tonne- of aluminium alloys:- - of which the maximum cross-sectional dimension exceeds 6 mm 76052140-other760529760650% p/us rs4,000 per tonne50%p/iis rs4,000 per tonnealuminium plates, sheets (including circles) and strip of a thickness exceeding 02 mm - of aluminium, not auoyed45760610- of aluminium alloys760620swoplus rs4,000 per tonne5woplus rs4,000 per tonne760750aluminium foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 02 mm -plain760710-embossed76072055- perforated or cut-to-shape76073050% plus rs4,000 per tonne50% plus rs4,000 per tonne50% plus rs4,000 per tonne| m | __________ | ® ||---------------------------------------------------------|-----------------------------------------------|-----------------------------------------------|| 760740 | -coated | || 760750 | -printed | || 760760 | -ractad | || 760790 | -oaer | || (4) | | || _____________ | _ | || 50% plus | rs4,000 | || per tonne | | || 50% plus | rs4,000 | || po'tonne | | || 50%plus | rs4,000 | 5 || per tonne | | || 50% plus | rs4,000 | || per tonne | | || 7608 | aluminium tubes and pipes | || 760810 | - of aluminium, not alloyed | || 760820 | - of aluminium alloys | || 50%pzitf rs4,000 | 10 | || per tonne | | || 50% plus | rs4,000 | || per tonne | | || 20 | | || % | | || 15 | | || 7609 | 760900 | aluminium tube or pipe fimngs (for example || couplings elbows sleeves) | | || 20 | | || 7610 | aluminium structures (excluding prefabricated | || buildings of heading no 9406) and parts of structures | | || (for example bridges and bridge-sections towers | | || lattice masts roofs roofing frameworks | | || doors and windows and their frames and | | || thresholds for doors balustrades pillars | | || and columns); aluminium plates rods profiles tubes | | || and the like, prepared for use in structures | | || 20% | | || 20% | | || 761010 | - | || d | | || oots | | || | | || windows and their frames and thresholds for doc»^ | | || 761090 | -other | || 25 | | || 20% | | || 30 | | || 7611 | 761100 | aluminium reservoirs, tanks vats and similar || containers for any material (other than | | || compressed or liquefied gas), of a capacity | | || exceeding 300 lwhether or not lined or heat- | | || insulated but not fitted with mechanical or | | || thermal equipmei>^ | | || 35 | | || 40 | | |20%| 7612 | aluminium casks drums cans boxes and similar ||----------------------------------------------------|----------------------------------------------------|| containers (including rigid or collapsible tubular | || containers) for any material (other than | || compressed or liquefied gas) of a capacity not | || exceeding 300 l whether or not lined or | || heat-insulated but not fitted with mechanical or | || thermal equipment | || - collapsible tubular containers : | || 761211 | --plain || 761212 | --lacquered || 761213 | --printed || 761119 | --other || - other: | || 761291 | --plain || 761292 | --lacquoed || 761293 | --printed || 761299 | --other || 7613 | aluminium containers for compressed or || liquefied gas | || 761310 | -plain || 761320 | -lacquered || 761330 | -printed || 761390 | -other || (2) | (3) ||--------------------------------------------------------------------------------------|-------|| (4) | || (1) | || 7614 | || 761410 | || 761490 | || 20% | || 20 | % || 5 | 7615 || 761510 | || 20% | || 10 | || 761520 | || 20% | || 7616 | || 761610 | || 20% | || stranded wire, cables plaited bands and the like, of | || aluminium not electrically insulated | || - with steel core | || -otho' | || table kitchen or other household articles and parts | || thereof of aluminium; pot scourers and scouring or | || polishing pads gloves and the like, of aluminium; | || sanitary ware and parts thereof of aluminium | || - table, kitchen or other household articles and parts thereof; pot | || scourers and scouring or polishing pads, gloves and the like | || - sanitary ware and parts thereof | || other articles of aluminium | || - nails, tacks, staples (other than those of heading no 8305), screws, | || bolts, nuts, screw hooks, rivets, cotters, cotter-pins, washers and similar articles | || -other | || 25%"; | || 761690 | || 15 | |(12) in chapter 78, for heading nos 7801 to 7808, the following headings shall be substituted, namely;— "7801unwrought lead780110 -refined lead20780190 -othct7802 780200 lead waste and scraprs930 p» tonne rs930 po-tonne rs930 p a tonne257803 lead bars, rods, profiles and wire780310 - lead bars and rodsrs1,100 p a tonne- profiles :780321 - - houow780329 --othct30780330 - lead wire17%rs1,100 per tonne rs930 p a tonne357804 lead plates, sheets (including circle^, strip and foil; lead powders and flakes780410 - plates, sheets (including circles), strip and foil >'trs1,100 per tonne 15%40780420 - powders and flakes7805 lead tubes, pipes and tube or pipe fmings (for example, couplings, elbows, sleeves)780510 -lead tubes and pipes780520 - lead tube or pipe fittings (for example, couplings, elbows, sleeves)780600 other articles of lead17%15%15%'';7806fiij in chapter 79, for heading nos 7901 to 7910, the following headings shall be substituted, namely:—"790145unwrought zinc790110 - zinc, not alloyed790120 -zinc alloys7902 790200 zinc waste and scrap50rs3,600 per tonne rs3600 per tonne rs3600 per tonne17%17%7903 zinc dust, powders and flakes790310 - zinc dust790390 -other7904zinc bars, rods (including wire-rods), prohles and wire(2)(3)w790410 -zjik bars aikl rods (including wiie-iods)rmlj60d pernme790421 790429- profiles: -houow -other790430 -zinc wire28%rs4200per tome rs3000 per tome790510zinc plates sheets (including circles and calots), strip and foil790510 -zinccalots790590 -othffr»5225 po'tonne rs4200 po^ tonne79061528%15%790715%20zinc tubes pipes and tube or pipe fmings ( for example, couplings elbows sleeves)790610 - zinc tubes and pipes790620 - zinc tube or pipe fittings (for example, couplings, elbows, sleeves)other articles of zinc790710 - gutters, roof capping, skylight frames and other fabricated buildingcomponents790790 -other15%":(14) in cluster 80, for heading no 8001, the following headings shall be substituted, namely:—"800125800110 800120 800200 800300 8004008002 8003 800415% 15%15% 15% 15%30800535800510 800520800600800615% 15% 15%unwrought tin- tin, not alloyed - tin alloystin waste and scraptin bars, rods, profiles and wire tinplates, sheets and strip, of a thickness exceeding 02 mm tin foe (whether or not printed or backed with paper, paperboard, plastics or similar backing materials), of a thickness (excluding any backing) not exceeding 02 mm; tin'powders and flakes- foil - powders and flakestin tubes, pipes ai® tube or pipe fimngs (for example couplings, elbows, sleeves)other articles oftin8007 80070015%"fjs) in chapter 81, for heading no 8101, the following headings shall be substituted, namely:—4015% 15%4515% 15%15%505515% 15%15%15%15%15%"8101 810100 tungsten (wolfram) and articles thereof includingwaste and scrap8102 810200 molybdenum and articles thereof including wasteand scrap8103 810300 tantalum and articles thereof, including wasteand scrap8104 810400 magnesium and articles thereof, including wasteand scrap8105 810500 cobalt mattes and other intermediate productsof cobalt metallurgy: cobalt and articles thereof, including waste and scrap8106 810600 bismuth and articles thereof, including waste and scrap8107 810700 cadmium and articles thereof, including waste and scrap8108 810800 titanium and articles thereof, including waste and scrap8109 810900 zirconium and articles thereof, including waste and scrap81 10 811000 antimony and articles thereof, including waste and scrap8u1 811100 manganese and articles thereof, including waste and scrap15%| 81 12 ||-------------------------------------------------------------|| hafnium, indium, niobium (columbium), rhenium and thallium, || and articles of these metals, including waste and scrap |8113 811300 cermets and articles thereof, including waste and scrap15%";(16) in chapter 82, for heading nos 8201 to 8208, the following headings shall be substituted, namely:—354045| "8201 | 820100 hand tools, the following: spades, shovels mattocks, ||--------------------------------------------------------------|---------------------------------------------------------------------|| picks, hoes, forks and rakes; axes, bill hooks and similar | || 5 | hewing tools: secateurs of any kind; scythes, sickles, hay || knives, hedge shears, timber wedges and other tools of a | || kind used in agriculture, horticulture or forestry | || 8202 | 820200 hand saws; blades for saws of all kinds (including || slnring, slotting or toothless saw blades) | || 10 8203 | 820300 files, rasps, pliers (including cutting pliers), pincers, || tweezers, metal cutting shears, pipe-cutters, | || bolt croppers, perforating punches and similar hand tools | || 8204 | 820400 hand-operated spanners and wrenches (including torque || meter wrenches but not including tap wrenches); | || interchangeable spanner sockets, with or wtthout handles | || 8205 | 820500 hand tools (including glaziers' diamonds), not elsewhere || specified or included; blow lamps; vices, clamps and | || the like, other than accessories for and parts of, | || machine tools; anvils; portable forges; hand or pedal- | || operated grinding wheels wtth frameworks | || 8206 | 820600 tools of two or more of the headings nos 8202 || to 8205, put up in sets | || 8207 | 820700 interchangeable tools for hand tools, whether || or not power-operated, or for machine-tools (for | || example, for pressing stamping, punching, tapping, | || threading, drilling boring broaching milling | || turning or screwdriving), including debs for drawing or | || extruding metal, and rock drilling or earth boring tools | || 8208 | 820800 knives and cutting blades for machines or for || mechanical appliances | || 8209 | 820900 plates, sticks tips and the like for tools, unmounted, || of sintered metal carbides or cermets | || 8210 | 821000 hand-operated mechanical appliance^weighing 10 kg || or less, used in the preparation condthoning or serving | || of food or drink | || 8211 | 821100 knives with cutting blades serrated or not (including || pruning kntves) other than knives of heading no 8208 and | || blades therefor | || 8212 | 821200 razors and razor blades (including razor blade || blanks in strips) | || 8213 | 821300 scissors tailors' shears and similar shears and || blades therefor | || 8214 | 821400 other articles of cutlery (for example hair clippers || butchers' or kitchen cleavers choppers and | || mincing knives paper knives); manicure or pedicure sets | || and instruments (including nail files) | || 8215 | 821500 spoons forks ladles skimmers cake-servers fish-knives || butter-knives sugar tongs and similar kitchen or tableware | |(17) in chapter 83 for heading nos 8301 to 8315 the following headings shall be substituted, namely:—15%50"8301 830100 padlocks and locks (key combination or electricallyoperated) of base metal; clasps and frames with clasps incorporating locks of base metal; keys for any of the foregoing articles of base metal10152025303540 458302 830200 base metal mountings, nttings and similar articles 25%suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery trunks, chests, caskets or the like; base metal hat-racks,hat-pegs, brackets and similar fdctures; castors with mountings of base metal; automatic door closers of base metal8303 830300 armoured or reinforced safes, strong-boxes and 35%doors and safe deposit lockers for strong-rooms cash or deed boxes and the like of base metal8304 830400 filing cabinets, card-index cabinets, paper trays, 25%paper rests, pen trays, ofhce-stamp stands and similar ofhce or desk equipment, of base metal, other than ofhce furniture of heading no 94038305 830500 fm in g s for loose-leaf binders or files, letter 15%clips, letter corners, paper clips, indexing tags and similar ofrce articles, of base metal;staples in strips (for example, for ofhces,upholstery, packaging), of base metal8306 830600 bells, gongs and the like, non-electric, of base 20%metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal8307 830700 flexible tubing of base metal, with or without httings 15%8308 830800 clasps, frames with clasps, buckles, buckle-clasps, 15%hooks, eyes eyelets and the like of base metal,of a kind used for clothing, footwear, awnings, handbags, travel goods or other made up articles; tubular or bifurcated rivets, of base metal; beads and spangles, of base metal8309 stoppers, caps and lids (including crown corks, screwcaps and pouring stoppers), capsules forbottles, threaded bungs, bung covers, seals and other packing atcessories, of base metal830910 - crown corks with or without washers or other fittings of 5 paise eachcork, rubber, polyethyelene or any other nutterial 830920 - pilfer proof caps for packaging, all sorts, with or without washers or 5 paise eachother fittings of coik, rubber, polyethyelene or any other material830990 - other 15%8310 831000 sign-plates, name-plates, address-plates and similar 15%plates, numbers, letters and other symbols, of base metal, excluding those of heading no 94058311 831100 wire, rods, tubes, plates, electrodes and similar 20%products of base metal or of metal carbides, coated or cored with flux material, of a kind used for soldering, brazing, welding or deposition of metal or of metal carbides; wire and rods, of agglomerated base metal powder, used for metal spraying 83 12 831200 electrical stampings and laminations, of 20%";base metal, all sorts(18) in chapter 85, for heading nos 8523 and 8524, the following headings shall be substituted, namely:—852311852312 852313"g5 23 prepared unrecorded media for sound recording or similarrecording of other phenomena, other than products of chapter 37- magnetic tapes:- - audio tapes in the form of jumbo rolls, pancakes, mini- pancakes, hubs 25% plus rs 4 peror reels square metre- - audio cassettes 25%- - video tapes in the form of jumbo rolls, pancakes, mini-pancakes, 25%hubs or reels(1)<2)(3)(4)852314- - video cassettes25%852319-o ther25%852320- magnetic discs25%852390- othct25%58524records, tapes and other recorded media forsound or other similarly recorded phenomena, including matrices and masters for theproduction of records, but excluding productsof chapter 3710852410- giamaphonerecrads30%- magnetic tapes:852421- - audio tapes in any fwrn30%852422--audio cassettes30%852423- - video tapes in any form30%15852424- - video cassettes30%852429--other30%852430- magnetic discs30%852490- other30%";m in chapta 89', after heading no 8907, the following heading shall be inserted, namely:-20"8908890800vessels and other floating structures forrs 400 perbreaking uplight displace­ment tonnage"v}n , part iin the first schedule to the additicmal duties of excise act,—(1) sub-heading nos 520610 and 520620 and the entries relating thereto shall be omitted;(2) sub-heading nos 520631,520632, 520633, 520634, 520635 and 520636 shall be renumbwed as sub-heading nos 520611, 520612, 520613, 520614,520615 and 520616, respectively part n10headingsub-headingdescr^tionrate ofnonoofkoodsadditional duty(1)(2)(3)(4)in the first schedule to the additional duties of excise act,—(1) for heading no 5207, the following heading shall be substituted, namely:—13''5207 520700 cotton fabrics (excluding fabrics coveredunder heading nos 5209,5210 and 5211),—(e^ woven on looms other than handlooms, and20fifty per cent of the duty leviid>le under sub- heading nos 520611 to 520616 and 520691 to 520694, as the case may be, d^)ending upcmi the average count of the yam in the fabric and the value per square metre of the fabric";(b) subjected to the process of bleaching,mercerising, dyeing, printing, water-proofing, shrink-proofing, organdie processing or any other process or any two or more of these processes, without the aid of power or steam25(2) for heading no 5208, the following heading shall be substituted, namely:—| "5208 | cotton fabrics (excluding fabrics covered ||---------------------------------------------------|---------------------------------------------|| under heading nos5209,5210,5211 and 5212), - | || (a) | woven on handlooms, and || 30 | |(b) subjected to the process of bleaching, mercerising, dyeing, printing, water-proofing, shrink-proofing organdie processing or any other process or any two or more of these processes3540520810 - processed without the aid of power or steamfifty per cent, of the duty leviable under sub- heading nos 520611 to 520616 and 520691 to 520694, as the case may be, dq>ending upon the average count of the yam in the fabric and the value per square metre (rf the obric(2)o)(4)(1)- processed with the aid of power or steam:520821 - - processed by an independent processor iq>provedin this behalf by the government of india on the recommenda tion of the development commissioner fw handloomsforty per cent, of the duty leviable under sub-heading nos 520611 to 520616 and 520691 to 520694, as the case may be, depending upon the avobge count of the yam in the fabric and the value per square metre of the fabricnu10520622 •• processed by a cktory owned by a registeredhandloom co-operative society or any organisation set iq> or approved by the government for the purpose of development of handlooms5208j29 --otherduqr leviable undosub-heading nos 520611 to 520616 and 520691 to 520694, as the case mfiy be, depending upon the avenge count of the yam in the fabric and the value per square metre of the fabric" statement of objects and reasonsthe objcct of the bill is to give effect to the financial proposals of the central government for the financial year 1988-89 the notes on clauses explain the various provisims contain^ in the billnew delhi: narayan datt tiwarithe 29th february, 1988 p r esid en ts recom m endation under articles i i7 a nd 274 of the constitution of india[copy of letter no f 3(l)-b(d)/88, dated the 29th february, 1988 from shri narayan datt tiwaii, minister of finance, to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed bill, recommends under clause (1) of article 117, read with clause (1) of article 274, of the constitution of india, the introduction of the finance biu, 1988, to the lok sabha2 the bill will be introduced in the lx)k sabha immediately aftct the presentation of the budget on the 29th february, 1988clause 2, read with the first schedule to the bill, seeks to prescribe the rates at which income-tax (including surcharge thereon) is to be levied on income chargeable to tax for the assessment year 1988-89 further, it lays down the rates at which tax is to be deducted at source during the financial year 1988-89 from income subject to such deduction under the income-tax act; and the rates at which "advance-tax" is to be paid and tax is to be calculated and charged in special cases for the financial year 1988-89 rates of income-tax for the assessment year 1988-89:part i of the first schedule to the bill specifies the rates of income-tax on incomes liable to tax for the assessment year 1988- 89 these rates are the same as those specified in part iii of the first schedule to the finance act, 1987, as amended by the finance (amendment) act, 1987, for the purposes of deduction of tax at source from "salaries" and for computation of "advancetax" payable during the financial year 1987-88as provided by the finance (amendment) act, 1987, the amount of income-tax computed in accordance with the provisions of this part shall in the case of every person having income exceeding fifty thousand rupees be increased,-® in the case of every person, being a resident, not being an indian company, by a surcharge for purposes of the union, and(ii) in the case of an indian company, by a surcharge, calculated at the rate of 5 per cent of such income-taxrates for deduction of tax at source during the financial year 1988-89from income other than "salaries'' and any payment referred to in sub-section (1) of section 194e :part ii of the first schedule to the bill specifies the rate at which income-tax is to be deducted at source during the financial year 1988-89 from incomes other than "salaries" and payments made as interest, salary, bonus, commission or remuneration, by whatever name called, by a firm to its partner these rates are the same as those specified in part ii of the first schedule to the finance act, 1987, as amended by the finance (amendment) act, 1987, for the purposes of deduction of tax at source during the financial year 1987-88during the financial year 1988-89, on any income by way of winnings from lotteries and crossword puzzles and income by way of winnings from horse races, accruing to a non-resident or a company (both domestic as well as non-domestic companies), tax shall be deducted at source at the rate of 40 per cent, of the amount of incomethis provision is in line with the existing provision for deduction of tax at source on such incomes where the payment is made to a person resident in india the amount of tax so deducted at source shall be increased-(0 in the case where the payment is made to a person, other than a company, resident in india, by a surcharge for purposes of the union, and(ii) in the case of a po-son, being a domestic company, by a surcharge, calculated at the rate of 5 per cent of such income-taxrates for deduction of tax at source from ''salaries" and interest, salary, bonus, commission or remuneration, by whatever name called, paid by a firm to its partners, computation of "advance-tax" and charging of income-tax in special cases during the financial year 1988-89:part iii of the first schedule to the bill specifies the rates at which income-tax is to be deducted at source from "salaries" and any income by way of interest, salary, bonus, commission or remuneration, by whatever name called, where such income is paid by a firm to its partners in accordance with the provisions of sub-section (1) of section 194e of the income-tax act and also the rates at which "advance-tax" is to be paid and income-tax is to be calculated or charged in special cases for the financial year 1988-89rates of income-tax in respect of individuals, hindu undivided families, certain categories of associations of persons and body of individuals specified in paragraphs a and b are the same as specified in the corresponding paragraphs of part iii of the finance act, 1987, as amended by the finance (amendment) aa, 1987the direct tax laws (amendment) act, 1987, has made substantial amendmeiits in the provisions of the income-tax act relating to the assessment of firms the taxable income in the case of every finn, as arrived at after allowing deduction in resist of any payment of interest, salary, bonus, commission or remuneration, by whatever name called, to the partners as admissible under the act shall now be taxed at the maximum marginal rate also, advance tax shall be paid by the firms during the financial year at the maximum marginal rate accordingly, no rate of incomc-tax has been prescribed in respect of firms in this part the amount of income-tax computed in accordance with the i»x>visions of this part shall, in the case of every person being an individual, hindu undivided family, association of persons or body of individuals, being resident in india, cooperative society and local authority, having the income during the year on which the tax is deducted at source or on which "advance tax" is payable, exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of five per cent of such income-tax in the case of domestic companies, the amount of income-tax computed in accordance with the provisions of this part shall, in the case of every domestic company having a total income exceeding fifty thousand rupees, be increased by a surcharge calculated at the rate of five per cent, of such income-tax clause 3 seeks to insert a new clause (28b) in section 2 of the income-tax act to define the expression "interest on securities" since the said separate head of income is proposed to be omitted from the actthis amendment will take effect &t>m 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent years clause 4 seeks to amend section 10 of the income-tax actsub-clause (a)(i) proposes to substitute a new sub-clause (ii) for sub-clauses (ii) to (v) of clause (6) relating to exemption of remuneration received by diplomatic personnel of foreign missions and their staff the proposed amendment is by way of simplification of the existing provisions containad in sub-clauaes (ii) to (v) of clause (6) by inccnporating them into a single sub­ clausethis amendment will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent years sub-clause (a)(ii) sedcs to amend sub-clauae (viia) of clause (6)under the existing provision, the exemption from total income of remuneration upto an amount calculated at the rate of rs4,000 per month received by a foreign technician in the employment of government or of a local authority or of any corporation set up under any q)ecial law or of any such institution or body established in india for carrying on scientific research as is approved for the purposes of this sub-clause by the prescribed authority is given, and if the remuneration exceeds rs4,000 per month, the tax paid to the central government by the employer on such excess is exempt under the proposed amendment, the scheme of exemption being given, as mentioned above, to the remuneration received by a foreign technician is proposed to be dispensed with and a uniform exemption on the tax paid by the employer to the government is sought to be retainedthis amendment will take effect from 1st april, 1988sub-clause (b) seeks to make a consequential amendment in clause (6a) of this section to provide that the explanation below that clause will also be applicable to the new clause (6b) proposed to be inserted by sub-clause (c) of this clausesub-clause (c) seeks to insert a new clause (6b) to provide that the amount of tax paid by government or an indian concern on behalf of a non-resident or a foreign company in respect of its income will not be included in computing the total income of such non-resident or foreign company where such income is arising to a non-resident or foreign company in pursuance of an agreement entered between the central government and the government of a foreign state or an international otganisation under the terms of that agreemoit or of any related agreement which has been approved by the central govemment these amendments will take effect from 1st april, 1988, and will, accordingly, app\y in relation to the assessment year 1988-89 and subsequent yearssub-clause (d) sedcs to amend clause (15) by inserting a new sub-clause (iic) under the proposed amendment, interest payable to an individual or a hindu undivided family on such relief bonds as may be notified in this behalf by the central govemment will not be included in computing the total income of such individual or familythis amendment will take effect from 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearssub-clauses (e), (f) and (h) sedt to amend clauses (20), ( 23a) and (24) to omit refo-ences to the head "interest on securities" these amendments will take effect from 1st april 1989sub^lause (g) seeks to amend clause (23d) which exempts the income of such mutual fund set up by a public sector bank or a pubuc financial institution as the central goveniment may specifythe amendments made by items (i) and (ii) of this sub-clause are clarincatory in naturethese amendments will take effect from 1st april 1988, and will, accordingly, ^ply in relation to the assessment year 1988-89 and subsequent yearssub-clause (i) sedcs to insert a new clause (31) the new clause steks to provide that the amount of any subsidy received by an assessee engaged in the business of growing and manufacturing rubber, coffee, cardamom or other specified commodity in india, from or through the rubber board, coffee board, spices board or any other board, in respect of any other commodity under any scheme for replantation or replacement of rubber, coffee, cardamom or other plants, or for rejuvenation or consolidation of areas used for cultivation of all such commodities will be exempt from income-tax under the proviso to the new clause, the aforesaid exemption will be available only if the assessee furnishes to the assessing officer with his return for the relevant assessment year (or within the extended time allowed by the assessing officer) a certificate from the concerned board as to the amount of subsidy received by him during the previous yearthis amendment will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 5 seeks to amend section loa of the income-tax act relating to special provision in respect of newly established industrial undertakings in free trade zonessub-clause (a) seeks to amend sub-section (7) of section loa in view of the amendment made in new sub-section (1) of section 139 for furnishing the return of income on or before the due date specified therein and the omission of sub-section (2) of that section by the direct tax laws (amendment) act, 1987sub-clause (b) seeks to amend sub-section (8) of section loa to remove the difficulties which may arise in implementing the provisions of sub-section (5) of that s^tion consequent upon the amendment made in section 139 of the income-tax act by the direct tax laws (amendment) act, 1987these amendments will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 6 seeks to insert a new section lob in the income-tax act relating to special provision in respect of income from a hundred per cent export-oriented undertakingsub-section (1) of section lob seeks to provide that any profits and gains derived by an assessee from a hundred per cent, export-oriented undertaking to which the section applies will not be included in the total income of the assesseesub-section (2) of section lob provides that the section will apply to a hundred per cent, export-oriented undertaking which fulfils certain conditions, namely, that it manufactures or produces any article or thing during the previous year, it has not been formed by the splitting up, or the reconstruction of, a business already in existence; and it is not formed by the transfer to a new business of machinery or plant previously used for any purpose for the purpose of the section, reconditioned imported machinery or plant will be regarded as new further, where the total value of the machinery or plant transferred to the new business does not exceed 20 per cent, of the total value of the machinery or plant used in that business, the condition mentioned in clause (ii) of sub­section (2) of section lob will be deemed to have been complied withsub-section (3) of section lob seeks to provide that the benefit of the section will be available to the'assessee in respect of any five consecutive assessment years falling within a period of eight years beginning with the initial assessment year in which the undertaking begins to manufacture or produce articles or things the period of five consecutive assessment years will be as specified by the assessee at his option subject to the condition that it will not in any case cover ^ y period after the expiry of the said eight year periodsub-section (4) of section lob seeks to provide that, notwithstanding anything contained in any other provision of the incometax act, in computing the total income of the assessee of the prevtous year relevant to the last assessment year immediately succeeding the last of the relevant assessment years (or of the previous year relevant to any subsequent assessment year), the unabsorbed depreciation allowance, the unabsorbed investment allowance, the unabsorbed development rebate, the unabsorbed capital expenditure on family planning relating to the relevant assessment years will not be taken into consideration similarly, unabsorbed business losses or loss under the head "capital g2uns" relating to the relevant assessment years will not be taken into account where the assessee was entitled to a deduction in the relevant assessment years in respect of the profits and gains from the newly established industrial undertakings in backward areas or small-scale industrial undertakings in rural areas or the tax holiday, no deduction will be admissible in the assessment years subsequent to the relevant assessment years further, in computing the depreciation allowance on any assets in the assessment years following the relevant assessment years, the wntten down value of the assets win be computed as if the assessee had claimed and been allowed the depreciation in accordance with the provisions of tl\e income-tax act during each one of the relevant assessment yearssub-section (5) of section lob seeks to provide that where a hundred per cent, export-oriented undertaking has begun to manufacture or produce articles or things during any previous year relevant to the assessment year prior to the assessment year commencing on and from the 1st day of april, 1989, such assessee may, at his option, before the due date of furnishing his return of income under sub-section (1) of section 139 for the assessment year commencing on the 1st day of april, 1989, furnish to the assessing officer, a declaration ln writing that the provisions of this secticm may be made applicable to him for the relevant assessment years other than the assessment years commencing bef(we the assessment year 1989-90; and if he does so, then the provisions of complete tax holiday specified in this section will apply for such assessment years and the prbvisions of new sub­section (4) will also apply in relation to smy assessment year following the relevant assessment yearssub-section (6) of section lob seeks to j^ ly the provisions of sub-section (8) and sub-section (9) of section 80-1 relating to tax holiday, to the hundred per cent export-oriented undertakingsexplanation to section lob defines certain expressions for the purposes of that sectionthe expression "hundred per cent, export-oriented undertaking" means an undertaking which has been approved as a hundred per cent, export-oriented undertaking by the board appointed in this behalf by the central govctiment in exercise of the powcts conferred by section 14 of the industries (development and regulation) act, 1951, and the rules made under that act the expression "relevant assessment year" means the five consecutive assessment years specified by the assessee at his option under sub-section (3) of section lob the expression"manufacture" for this section shall also include any processing, or assembling, or recording of programmes on any disc, tape, perforated media or otho' informaticmi storage devicethis amendment will take effect from 1st april 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 7 seeks to amend section 13a of the income-tax act regarding special provision relating to income of political parties so as to omit the reference to the head "interest on securities"this amendment will take effect from 1st april, 1989clauses 8 and 10 seek to omit the head "b interest on securities" from section 14 of the income-tax act, and the related sections 18,19,20 and 21 of the income-tax act, respectively, consequent upon the omission of the said headthese amendments will take effect from 1st april, 1989clause 9 seeks to make an amendment in clause (i) of section 16 of the income-tax act relating to standard deduction in the case of salaried assesseesunder the existing provisions, a standard deduction is granted to salaried assessees at a rate of thirty per cent, of the salary subject to a maximum of rs10,000under the pressed amendment, the standard deduction will be allowed at the rate of thirty-three and one-third per cent, of the salary subject to an enhanced ceiling of rs12,000this amendment will take effect from 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent assessment yearsclause 11 seeks to amend section 40 of the income-tax act relating to the disallowability of an amount as deductible in computing the income chargeable under the head "profits and gains of business or profession" sub-clause (i) seeks to amend clause (a) of section 40 by substituting sub-clause (i) of the clause by a new sub-clauseunder the existing provisions of sub-clause (i), any interest, not being an intctest on a loan issued for public subscription before the 1st day of april, 1938, payable outside india shall not be allowed as deduction if tax thereon has not been either paid or deducted at source and in respect of which there is no person in india who may be treated as an agent under section 163 of the income-tax act on behalf of the person receiving the amount the proposed amendment seeks to enlarge the provision and provide that any amount of interest, not being an interest on a loan issued for public subscription before the 1st day of april 1938, royalty, fees for technical services or other sum chargeable under the act which is payable outside india shall not be allowed as deduction if tax there<hi has not either been paid ot deducted at source, ineq)ective of whether an agent on behalf of the non-resident has been i^ in te d or notthe proviso to the new sub-clause (i), however, seeks to provide that in r e ^ t of such amount if tax is paid or in any subsequent year, the amount wiu be allowed as deduction in the subsequoit year in which die tax is paid or the expressions "royalty" and "fees for technical services" shall have the same meanings as assigned to them respectively in explanation 2 to clause (vi) and cknise (vii) of sub-section (1) section 9sub-clause (ii) sedcs to omit clause (d) o£ section 40 relating to disallowance in computing the income chargeable under the head "profits and gains of business or profession" of any amount in the case of a banking company, which has been allowed as deduction in computing its income chargeable under the head "intaest on securities", consequent upon the deletion of this head from the heads income, referred to in section 14 these amendments will lake effect from 1st april, 1989 and will, accwdingly, apply in relation to the assessment year 1989-90 and subsequent years clause 12 sedcs to amend section 43b of the income-tax act relating to allowability of cotain sums only on actual paymentsub-clause (i) seeks to substitute existing clause (a) by a new clause so as to extend the scope of the section to cover any cess or fee, by whatever name called, payable by the assessee under any law for the time being in forcesub-clause (iii) seeks to insert a new clause (d) in section 43b of the act to provide that any sum payable as intoest on any loan or borrowing from any public financial institution, in acccvdance with the terms and conditions of tte agreement governing such loan or borrowing, shall not be allowed as a deduction in the computation of die profits and gains from business ot profession if the same is not actually paid by the assessee before the due date applicable in his case for furnishing the return of income further, a new explanation 3 is being inserted by sub-clause (v) to provide that "public financial institution" shall have the meaning assigned to it in section 4a of the companies act, 19s6 sub-clauses (ii) and (iv) seek to make certain consequential amendmentsthese amendments will take effect from 1st april, 1989 and will, accordingly, ^ l y in relation to the assessment year 1989-90 and subsequent yearsclause 13 seeks to insert a new section 43c in the income-tax act for making special provision for the computation of the cost of acquisition of certain assetssub-section (1) of the proposed new secticmi provides that whae an asset, which has become the property of an amalgamated company under a scheme of amalgamation, is sold after the 29th day of february, 1988, as stock-in-trade, then, in computing the income from such transfer, the cost of acquisition of the asset to the amalgamated company shall be the cost of acquisition of the asset to the amalgamating company, as increased by the cost, if any, of any improvement m ^ thereto and the expenditure incurred wholly and exclusively in connection with such transfersub-section (2) of the proposed new section provides that when an asset which has been acquired by the assessee on ttansfa^, either by way of total or partial partition of a hindu undivided family or under a gift or will or an irrevocable trust, is sold after the 29th day of february, 1988, as stock-in-tiade, then, in computing the income from such transfer, the cost of acquisition shall be the cost of acquisition in the hands of the transferch' or the donor, as increased by the cost, if any, of any improvement made and the expenditure incurred wholly and exclusively in ccmnection with such transfer including the payment of gift-tax, by the transferor or the dcmor, as the case may be this amendment will take effect from 1st april, 1988, and will, accordingly, apply in relation to the assessment year 1988-89 and subsequent years clause 14 sedcs to amend section 44 ab of die income-tax act, relating to audit of accounts of c»tain personsunder the existing provisions, it is obligatory for a person carrying on business or profession to get his accounts audited before the "specified date" by iui accountant, if the sales tumovct or the professional receipts exceed the prescribed limit the "specified date" in relation to the accounts of the previous year means the date of expiry of four months from the end of that year or where thwe is more than one previous year, from the end of the previous year which expued last before the commencement of the assessment year or the 30th june of such assessment year, whichever date falls laterunder sub-clause (a), the references to assessment year commencing from 1st april, 1985 and subsequent assessment years are proposed to be omitt^ in clauses (a) and (b) of this section so as to changc the reference to any previous yearundct the pnqinsed amendment, the "specified date" in relation to the accounts of the previous year will \!t-(a) where die assessee is a company - 31st december of the assessment year,(b) wheretheassesaeeisapeibon - 31st october of die assessment year, other than a companytws amendment will take effect from 1st april, 1989, and will, accordingly, ^iply in relation to the assessment year 1989-90 and subaequent yaarsclause 15 seeks to insert a new section 44ac in the income-tax actthe new section provides for determination of the income of an assessee, being a buyer of any goods in the nature of alcoholic liquor for human consumption (other than indian-made foreign liquor) or any forest produce, scrq> or waste, whether industrial or n(hi-industrial, or such other goods as may be notified by the central government, in any sale by way of auction, tender or any other mode, conducted by the seller as a sum equal to sixty per coit of the amount paid or payable by the buyer the central govonment is also proposed to be empowered to exempt certain sales from the operation of this section, having regard to the amount involved in such sales, the nature of the goods and other factors it is also being inovided that ihe section shall not apply to a buyer in the furtho sale of any goods obtained under, or in pursuance of, the said saletbc explanation to the section defines the expression "seller" to mean the central govmunent, a state government or any local authority or corporation or authority established by or under a central, state or provincial act, or any companythis amendment will take effect from 1st april 1989 and will, accordingly, apply in relation to the assessment year ,1989-90 and subsequent yearsclause 16 seeks to amend section 44bb of the income-tax act, relating to computation of profits and gains in connection with the business of exploration, etc, of mineral oilsunder the existing provisions, the income of an assessee engaged in the business of providing services and facilities in coomction with, or supplying plant and machinery on hire used or to be used in the exploration for and exploitation of mineral o9a win be determined at 10 per cent, of the aggregate of certain amounts the provision applies both to residents as well as non­residentsthe proposed amendment seeks to provide that the provision shall be and shall be deemed always to have been applicable only in respect of non-resident assesaeesthis amendment will take effect retrospectively from 1st april 1983 and will, accordingly, apply in relation to the assessment year 1983-84 aqd subsequent years i clause 17 seeks to amend section 47 (rf the income-tax act, relating to certain transactions which are not treated as transfer for the purposes of coital gainsunder the existing provision profits and gains arising from the transfer of a ci^ital asset shall not be treated as capital gains chargeable to income-tax, in cases where the transfo of the capital asset is made by a holding company to its subsidiary company or vice versa, refared to in clauses (iv) and (v) subject to the fulfilment of the conditions laid downthe proposed amendment seeks to provide that such exemption will not be available in respect of transfers effected after 29th february 1988 as stock-in-tradethis amendment will take effect from 1st april 1988, and will, accordingly, apply in relation to the assessment year 1988-89 and subsequent yearsclauses 18,19 and 20 seek to amend sections 56, 57 and 58 of the income-tax act falling under the head "income from other sources" so as to make provision for taxing of income, at present covered by the head "interest on securities", under the head-i "profits and gains of business or profession" or under the head "income from other sources" 'these amendments will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 21 seeks to omit clause (b) of section 79 of the income-tax act relating to carry fwward and set off of losses in the ease of certain companiesunder the existing provision, in the case of a closely held company where a change in the share-holding has taken place in a previous year, no loss incurred in any year prior to the previous year shall be carried forward and set off against the income of the previous year unless the conditions mentioned in that section are satisfied and the income-tax officer is satisfied that the change in the share-holding was not effected with a view to avoiding or reducing any tax liability by the proposed amendment, the provision relating to satisfaction of the income-tax officer is sought to be omittedthis amendment will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 22 seeks to amend section 80cc of the income-tax act relating to deductionin respect of investment in certain new sharesthe proposed amendment seeks to extend the benefit of deduction to investment in the units of any mutual fund specified under clause (23d) of section 10 of the act provided that such fund subscribes only to eligible issue of capitalthis amendment will take effect from 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 23 seeks to substitute a new section for section 80cca of the income-tax act under the new section it is proposed to increase the deduction to hundred per cent, in respect of —(i) deposits in the national savings scheme, and(ii) amounts paid to effect or to-keep in force any contract for a deferred annuity plan of the life insurance corporation of india,upto a maximum of twenty thousand rupees in the assessment year commencing on 1st april, 1988, and will be increased to thirty thousand rupees in the assessment year commencing on 1st april, 1989 and subsequent yearsthi$ amendment will take effect from 1st april, 1988 and will, accordingly, apply in relation to the assessment year 1988-89 and subsequent yearsclause 24 seeks to amend section 80hhc of the income-tax act relating to deduction in respect of profits retained for export businesssub-clause (a) seeks to substitute sub-section (1) of the section by new sub-sections (1) and (1 a )under the existing provisions of sub-section (1), an assessee, being an indian company or a person (other than a company) who, being resident in india, exports out of india during the previous year any goods or merchandise to which the section applies, is allowed a deduction of an amount equal to the aggregate of 4% of the net foreign exchange realisation and 50% of the balance profitthe proposed new sub-section (1) seeks to provide that the deduction will be allowed on the whole of the income derived from exports of such goods or merchandise by the assessee the proviso to this sub-section seeks to provide that if the assessee being a holder of an export house certificate or a trading house certificate certifies in the prescribed form that in respect of the amount of export turnover specified therein, the deduction under the sub-section is to be allowed to a supporting manufacturer, then the amount of deduction available to the export house or the trading house shall be reduced by such amount which is calculated proportionatelythe new sub-section (la) provides for deduction in relation to a supporting manufacturer under the new sub-section, if an assessee being a supporting manufacturer has sold goods or merchandise to any export house or trading house, in computing his income chargeable to tax, he will be allowed a deduction of the whol^of the income earned on the sale of goods or merchandise to the export house or the trading house in respect of which a certificate has been issued under the proviso to sub-section (1)sub-clause (b) seeks to insert a new sub-section (3a) in the section specifying the basis for computation of the profits derived from the sale of goods or merchandise in the case of a supporting manufacturer the new sub-section provides that in a case where the business of the supporting manufacturer consists exclusively of sale of goods or merchandise to one or more export houses or trading houses, the whole of the profit of the business of such manufacturer shall be the profits derived from the sale of goods or merchandise in respect of which the deduction is allowed in a case where the business carried on by the supporting manufacturer does not consist exclusively of sale of goods or merchandise to one or more export houses or trading houses, the amount of profit eligible for deduction shall be determined on the proportionate basissub-clause (c) seeks to insert a new sub-section (4a) laying down conditions for the admissibility of deduction under sub-section (la) in the case of a supporting manufacturer the new sub-section provides that the deduction shall not be allowed to a supporting manufacturer unless he furnishes in the prescribed form along with the return of income,-(i) a report of the accountant certifying that the deduction has been correctly claimed on the basis of the income of thesupporting manufacturer in respect of his sale of goods or merchandise to the export house or the trading house, and(ii) a certificate from the export house or the trading house certifying that in respect of the export turnover mentioned in thecertificate, the export house or trading house has not claimed the deduction under the provisions of this sectionsub-clause (d) seeks to insert two new clauses in the explanation below this section to define the terms "export house certificate" or "trading house certificate" and "supporting manufacturer" for the purposes of this section, "export house certificate" or "trading house certificate" shall mean a valid export house certificate or a trading house certificate issued by the chief controller of imports and exports of the government of india"supporting manufacturer" shall mean a person being an indian company or a person (other than a company), resident in india manufacturing goods or merchandise and selling such goods or merchandise to an export house or a trading house, for the purpose of exportthese amendments will take effect from 1st april, 1989 and will, accordingly, applj in relation to the assessment year 1989-90 ^ and subsequent yearsclause 25 seeks to amend sub-section (1) of section 80l of the income-tax act which provides for deductions in respect of interest on certain securities, dividends, etcsub-clause (a) seeks to insert a new clause (iiia) so as to allow deduction within the ceiling of rs7,000 interest on deposits under the post office (monthly income account) rules, 1987sub-clause (b) (i) of this clause seeks to omit the reference to 'a public company formed and registered in india with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in india for residential purposes' from clause (vii) sub-clause (b) (ii) makes a consequential amendment to omit the approval being obtained in respect of such public companysub-clause (c) of this clause seeks to insert a new clause (x) in this sub-section clause (x) deals with interest on deposits with, or dividend from, any public company formed and registered in india with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in india for residential purposes and for the time being approved by the central government for the purposes of clause (viii) of sub-section (1) of section 36sub-clause (d) seeks to substitute the existing two provisos at the end of this sub-section to provide that —(i) where the gross total income of the assessee includes any income of the nature referred to in clauses (iia), (v), (va) or (x) of that sub-section, there shall be allowed in compting the total income of the assessee, a further deduction of an amount equal to so much of such income as has not been allowed by way of deduction under the provisions of the said sub-section however, the amount of such further deduction shall not exceed three thousand rupees; and(ii) where any income of the nature referred to in clauses (iia) and (iv) remains unallowed after the deduction under the provisions of sub-section (1), an additional deduction of an amount equal to so much of such income as has remained unallowed shall be allowed upto a maximum of three thousand rupeesthese amendments will take effect from 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 26 seeks to amend section 80-0 of the income-tax act relating to deduction in respect of royalties, etc, received from foreign governments or foreign enterprisesunder the existing provisions, where the income of an assessee, being an indian company includes any sum received as royalty, commission, fees or any similar payment from the government of a foreign state or a foreign enterprise, under an agreement approved by the board in this behalf, a deduction of an amount equal to fifty per cent, of the income so received in convertible foreign exchange in india is allowedthe amendment proposed vide sub-clause (a) (i) seeks to provide that the chief commissioner or the director general will give approval to the agreementthis amendment will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsthe amendment proposed vide sub-clause (a)(ii) seeks to provide that the deduction under this section will be allowed even in respect of income which has been received in convertible foreign exchange outside india, or having been converted into convertible foreign exchange outside india, is brought into india in accordance with any law for the time being in force for regulating payments and dealings in foreign exchangethis amendment will take effect from 1st april, 1988 and will, accordingly, apply in relation to the assessment year 1988-89 and subsequent yearsthe amendment proposed vide sub-clause (b) seeks to provide that the application for the approval of the agreement shall be submitted in the prescribed form and verified in the prescribed manner however, in respect of agreements already approved by the central government prior to 1st april, 1972 or by the board prior to 1st april, 1989, no fresh approval of the chief commissioner or the director general is required also, every application pending for approval under this section with the board immediately before 1st april, 1989 shall stand transferred to the concerned chief commissioner or the director general for disposalthis amendment will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 27 seeks to amend clause (0 of sub-section (2) of section sop of the income-tax act so as to omit the reference to section 18 which is being omitted vide clause 10clause 28 seeks to omit section 86a of the income-tax act which provides for a rebate on interest on tax-free government securities as the system of working out: the rebate has been found to be quite cumbersomeclause 29 seeks to omit sub-section (2) of section 89 of the income-tax act relating to relief when salary or income from interest on securities is paid in arrears or in advance in view of the omission of the head "interest on securities"clause 30 seeks to omit section 112a of the income-tax act which relates to tax on interest on national savings certificates(first issue) as it is no longer in voguethis amendment will take effect from 1st april, 1989 clause 31 seeks to amend section 115b of the income-tax act relating to tax on profits and gains of life insurance businessunder the existing provisions, where the total income of an assessee includes any profits and gains from life insurance business, income-tax is calculated on such profit and gains at the rate of twelve and one-half per centthe clause seeks to renumber the existing section as sub-section (1) thereof and insert a new sub-section (2) the new sub­section provides that the assessee shall, in addition to the tax computed under sub-section (1), deposit during the previous year relevant to the assessment year commencing on the 1st day of april, 1989, an amount equal to thirty-three and one-third per cent, of income-tax computed under clause (i) of sub-section (1) in such social security fund as may be notified by the cenu-ai governmentthe proviso to new sub-section (2) makes a provision to enable the assessee to deposit during such previous year an amount not less than two and one-half per cent, of the profits and gains of life insurance business in such security fund, whereupon the amount of income-tax payable by the assessee under the said clause (i) shall be reduced by an amount equal to two and one-half per cent, of such profits and gains in such a case the deposit of thirty-three and one-third per cent, required to be made under sub-section (1) shall also be calculated on the income-tax as so reducedthis amendment will take effect from 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90clause 32 seeks to amend section 115f of the income-tax act under the existing provisions, any amount of capital gains arising to a non-resident indian from the transfer of a foreign exchange asset is exempt from tax, if the amount of the net consideration received on the transfer is invested or deposited in any specified asset or savings certificates or, as the case may be, deposited in a non-resident (external) account within a period of six months from the date of such transferthe proposed amendment seeks to exclude deposit in a non-resident (external) account as a ground for claiming exemption from capital gains under section 115fthis amendment will take effect from 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 33 seeks to amend section 131 of the income-tax act relating to vesting of certain powers of a civil court on various income-tax authoritiessub-clause (a) seeks to amend sub-section (la) to vest such powers also on the director general, director, deputy director, assistant director and an authorised officer referred to in sub-section (1) of section 132 of the actsub-clause (b) seeks to amend clause (b) of the proviso to sub-section (3) to provide that an assistant director can retain the impounded books of account for a period beyond fifteen days withlhe prior approval of the chief commissioner or commissioner or director general or director, as the case may bethese amendments will take effect from 1st j&n^l988clause 34 seeks to amend section 132 of the income-tax act relating to search and seizureunder the existing provisions of sub-section (1) of this section, the authorised officer, who is conducting the search, may seize the books of account, documents, money, bullion, jewellery or other valuable articles or things found during the search, if the same are unaccounted for sub-section (3) empowers the authorised officer to issue a prohibitory order on a person in control of such documents, valuable articles etc, directing him not to remove, part with or otherwise deal with them without his permission if he finds it not practicable to seize themsub-clause (a) seeks to insert a second proviso to sub-section (1) to empower the authorised officer to take constructive possession of any valuable article or thing where it is not possible or practicable to seize it by taking its physical possession due to its volume, weight or other physical characteristics or due to its being of a dangerous character, by serving an order on the person who is in immediate possession or control thereof, not to remove, part with, or otherwise deal with it without the permission of the authorised officer such action shall be deemed to be seizure of such valuable article or thingsub-clause (b) seeks to make an amendment of a consequential nature in sub-section (3)these amendments will take effect from 1st april, 1989clause 35 seeks to amend section 139 of the income-tax act relating to the return of incomeunder the existing provisions of sub-section (6a) of section 139, in the case of an assessee engaged in any business or profession, he is required to furnish along with the return of income certain particularssub-clause (a) of the clause seeks to amend that sub-section to provide that the assessee engaged in any business or profession will also have to file the report of audit obtained under section 44 ab along with his return of incomeunder the explanation below sub-section (9), a return of income shall be regarded as defective unless the conditions mentioned therein are fulfilledsub-clause (b) of the clause seeks to amend the explanation to indicate that a return of income shall also be regarded as defective if the report of the audit of accounts obtained under section 44ab is not furnished with the return of incomethese amendments will take effect from 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 36 seeks to omit section 181 of the income-tax act which relates to interest on tax-free securities of a state government since no state government has issued any such security for some time nowthis amendment will take effect from 1st april, 1989clause 37 seeks to amend section 193 of the incomc-tax actsub-clause (a) seeks to substitute the words 'chargeable under the head "interest on securities" ' by the words "by way of interest on securities"sub-clause (b) seeks to omit clause (ii) of the proviso consequent upon the omission of section 112a of the income-tax act, vide clause 30this amendment will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 38 seeks to amend section 194c of the income-tax act to insert an explanation which seeks to secure that for the purposes of sub-sections (1) and (2) of that section, any sum credited to a "suspense account" or any other account as credits to the account of the payee shall be deemed to be a credit for the purpose of deduction of tax at sourceclause 39 seeks to amend sub-section (2) of section 195 of the income-tax act, relating to deduction of tax at source on certain payments to non-residents so as to provide that the income-tax officer may determine by a general or special order the proportion of sum chargeable to taxthis amendment will take effect retrospectively from 1st march, 1988 clause 40 seeks to insert a new sub-heading "bb-collection at source" and a new section 206c after section 206b of the income-tax actthe new section provides that every person, being a seller referred to in section 44ac, shall, at the time of debiting of the amount payable by the buyer referred to in that section to the account of the buyer or at the time of receipt of such amount from the buyer, collect from him a sum equal to twenty per cent, of such amount as income-tax on income comprised thereinsub-section (2) provides that thp power to recover income-tax by collection will be without prejudice to any other mode of recoverysub-sections (3) and (4) provide that the income-tax collected by the seller shall be paid within seven days of the amount so collected to the credit of the central government or as the board directs the tax so paid to the credit of the central government shall be treated as tax paid on behalf of the person from whom the amount has been collected and credit shall be given for such amount in the assessment made under this act on production of a certificatesub-section (5) provides that the seller shall within ten days from the time of debit or receipt of the sum furnish to the buyer a certificate to the effect that tax has been collectedsub-section (6) provides that any person responsible for collecting the tax who fails to collect it shall, notwithstanding such failure, be liable to pay the tax to the credit of the central governmentsub-section (7) provides that if a seller does not collect, or after collecting fails to pay the tax, he will be required to pay simple interest at the rate of two per cent, per month or part thereof on the amount of such taxsub-section (8) provides that if the tax collected is not paid to the credit of the central government, the amount of tax together with the amount of simple interest shall be a charge upon all the assets of the sellerthis amendment will take effect from 1st june, 1988clause 41 seeks to amend sub-section (1) of section 230a of the income-tax act relating to the issue of a certificate by the assessing officer for registration of transfer of immovable propertyunder the existing provisions, such a certificate is required for properties valued at more than rupees fifty thousand the proposed amendment seeks to liberalise the provision and the production of such a certificate will now be required in respect of properties valued at more than rupees two lakhs this amendment will take effect from 1st april, 1988 clause 42 seeks to insert a new section 245dd in the income-tax actunder the new section, the setdement commission has been given the power of provisional attachment on the lines of section 28ib of the act the new section also provides that where a provisional attachment under section 28ib is pending immediately before the application for settlement, the settlement commission may continue the provisional attachment upto the date upto which the provisional attachment would be in force under section 28ib and thereafter any order made by the settlement commission will have the same force as an original order made by it and the provisions of that section will apply accordinglythis amendment will take effect from 1st april, 1988 clause 43 sedcs to amend section 246 of the income-tax act relating to appeals to be filed before the first appellate authorities sub-clause (a) seeks to amend sub-clause (iva) of clause (o) of sub-section (1) to provide for an appeal against an order of penalty made undo section 272bb of the income-tu actthis amendment is proposed to be made retrospectively from the 1st june, 1987, the date when this section was brought into forceunder sub-clause (b), clause (a) of sub-section (2) of this section is being amended to include an order made under section 104 of the income-tax act as it stood before the 1st april, 1988 in respect of any assessment for the assessment year commencing on the 1st april, 1987 or any earlier assessment yearsclause 44 seeks to amend section 263 of the income-tax act relating \o revision by commissioner of orders prejudicial to revenue it seeks to substitute the existing explanation by a new explanationsub-clauses (i) and (ii) of clause (a) of the explanation clarify that the commissioner can also revise any assessment order passed by the deputy commissiono- or any ordct passed by the assistant commissioner ot the income-tax officer on the basis of directions issued by the deputy commissioner under section 144a of the act clause (b) of the explanation clarifies that the commissioner may revise any order passed by the assessing officer after examining all the material available with the assessing officct, even if such material has been collected after passing of such order, provided such an order is erroneous and prejudicial to the revenueclause (c) of the new explanation clarifies that whwe any order passed by the assessing officer has merged with the order of commissioner (appeals) or the appellate tribunal, the commissioner can revise that part of the order which has not been considered and pronounced upon by the appellate authoritythese amendments will take effect from 1st june, 1988 clause 45 seeks to amend section 27ib of the income-tax act relating to penalty on failure to get the accounts auditedunder the existing provisions, if any person fails to get his accounts audited in respect of any year or obtain a report of such audit as required under section 44ab, the income-tax officer may impose a,penalty equal to one-half per cent, of the total sales, turnover or gross receipts in business or profession, in the relevant year, subject to a maximum of rsl lakhunder the proposed amendment, such penalty will also be levied in the case of failure on the part of the assessee to furnish the report of such audit along with the return of income filed under sub-section (1) of section 139, or along with the return of income filed in response to a notice undo clause (i) of sub-section (1) of section 142, of the actthis amendment will take effect from 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 46 seeks to insert a new section 276bb in the income-tax act the new section provides for prosecution of a person who fails to pay to the credit of the central government, the tax collected by him as required under the provisions of section 206c, and punishment for a term which shall not be less than three months but which may extend to seven years and with finethis amendment will take effect from 1st june, 1988 clause 47 seeks to amend section 279 of the income-tax act relating to the powers of the commissioner for prosecuting any perscm for certain offences and for compounding of any such offenceunder the existing provisions of sub-section (1), the prosecution in respect of the offences mentioned in the sub-section is to be launched at the "instance of the commissioner"sub-clause (a) seeks to substiuite a new sub-section (1) for ae existing mib-tection so as to -(i) omit references to section 276aa (omitted by the finance act, 1986), sections 276dd and 276e [omitted by the direct tax laws (amendment) act, 1987] and section 278a (which is not an offence by itselo:(ii) insert references to section 276 [inserted by the direct tax laws (amendment) act, 1987] and section 276bb (proposed to be inserted by this bill);(iii) provide that the prosecution shall be launched with the previous sanction of the chief commissioner or director general or commissioner;(iv) provide that if the prosecution is at the instance of the commissioner (appeals) or the appropriate authority referred to in section 269ua, the previous sanction of the chief commissioner or director general or commissioner will not be necessaryunder the existing provisions of sub-section (2), the commissioner may, either before or after the institution of proceedings, compound any offence, as is specified in sub-section (1) of the sectionsub-clause (b) seeks to substitute a new sub-section (2) with a view to provide for the compounding—(i) of all the offences under chapter xxii instead of only the offences specified in the existing sub-section (1);(ii) by the board or a chief commissioner or a director general authorised by the board in this behalf, in a case where the prosecution would lie at the instance of the commissioner (appeals) or the appropriate authority, and by the chief commissioner or director general or commissioner in any other casethese amendments will take effect from 1st april, 1989clause 48 seeks to omit chapter xxiia of the income-tax act (containing sections 280a to 280x) relating to annuity depositsthe annuity deposit scheme which came into existence from the assessment year 1964-65 has been discontinued with effect from 1st april, 1969 under the scheme, the repayment of the deposits with interest was made in ten equal instalments and the last of which fell due in 1979 thereafter, this chapter ceased to be operative and it is no longer necessar>^ to be retained in the act this amendment will xake effect from 1st april, 1988clause 49 seeks to amend section 28ib of the income-tax act relating to provisional attachment to protect revenue in certain casessub-clause (a) specifies that any proceedings under sub-section (5) of section 132 of the income-tax act shall be deemed to be proceedings pending for the assessment of any income or for the assessment or re-assessment of any income which has escaped assessment for the purposes of this sectionsub-clause (b) specifies that where an application under section 245c is made to the settlement commission when a provisional attachment under section 28ib is pending, the time taken by the settlement commission in making an order under sub-section (1) of section 245d would be excluded from the period of operation of the provisional attachment under sub-section (2) of this sectionclause 50 seeks to omit section 285a of the income-tax act which requires contractors to furnish information relating to contracts exceeding fifty thousand rupeeswith the insertion of section 194c in the act under which one to two per cent, of the sums paid to contractors are deducted towards income-tax, section 285a is no longer necessary this amendment will take effect from 1st april, 1988 clause 51 seeks to amend section 293 of the income-tax actunder the existing provisions, it has been provided that no suit shall lie in any civil court to set aside or modify any order made under the act the proposed amendment seeks to clarify that no suit shall lie in any civil court to set aside or modify any proceeding taken or order made under the act this amendment will lake effect retrospectively from 1st march, 1988clause 52 seeks to amend rule 5 of the first schedule to the income-tax act relating to the computation of profits and gains of insurance business other than life insurance business under the existing provisions, in computing the profits and gains of any business of insurance, other than the life insurance business, certain adjustments including the adjustment of any amount written off or reserved in the account to meet depreciation of or loss on the realisation of investment is to be allowed as a deduction and any sum taken to the credit of the account on account of appreciation of or gains on the realisation of investment shall be treated as a part of the profits and gains subject to the satisfaction of the assessing officer regarding the reasonableness of the amount written off or reserved in the accounts, as the case may be, to meet depreciation of or loss on the realisation of investmentsthe proposed amendment seeks lo omit clause (b) and the proviso thereunder so as to exempt profits and gains on investments made by the general insurance corporation of india and the four companies formed under section 16 of the general insurance business (nationalisation) act, 1972this amendment will take effect on 1st april, 1989, and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 53 seeks to amend the eleventh schedule to the income-tax act relating to the list of non-priority articles and thingsunder item 9 of the eleventh schedule, cinematograph films and projectors are included among the non-priority items or things to which section 32ab and other sections of the act would not be applicable in certain casesthe proposed amendment seeks to exclude cinematograph films from the non-priority list of articles or things from the schedulethis amendment will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 54 seeks to make certain amendments of a consequential nature in different provisions of the income-tax actclause 55 seeks to amend section 5 of the wealth-tax actsub-clause (a)(i) seeks to insert a new clause (xvif) in sub-section (1) so as to provide that the investments made by an individual or a hindu undivided family in such relief bonds as may be notified by the central government shall be exempt from wealth-tax without any monetary limitssub-clause (a)(ii) seeks to substitute clause (xxxa) of sub-section (1) of section 5under clause (xxxa), value of a building which is used solely for the purpose of residence of the assessee's employees working in a plantation or an industrial undertaking is exempt from wealth-tax provided each such employee earns annual salary up to rs 10,000 in order to make the provision more rational, the reference to income limit will be removed and the exemption will now be available to one or more dwelling units each having a plinth area of eighty square metres or lesssub-clause (b) seeks to amend sub-section (la) of section 5 in order to provide that the exemption available to an assessee on his investment in debentures, etc, issued by a public sector company shall be restricted to the exemption limit of rs 5 lakhs along with other assets mentioned in that sub-sectionthe amendments vide sub-clause (a)(ii) and sub-clause (b) will lake effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent assessment yearssub-clause (c) seeks to amend sub-section (3) of section 5 so as to provide that the relief bonds referred to in clause (xvio of sub-section (1) of that section should also satisfy the conditions relating to ownership from the date on which the said bonds wore subscribed to by the assessee or for a period of at least six months ending with the relevant valuation date, whichever is shorter, as are applicable in the case of capital investment bondsthe amendments vide sub-clause(a)(i) and sub-clause (c) will take effect from 1st april, 1988 and will, accordingly, apply in relation to the assessment year 1988-89 and subsequent years clause 56 seeks to insert a new section 22dd in the wealth-tax actunder the new section, the setdement commission has been given the power of provisional attachment on the lines of section 34c of the act the new section also provides that where a provisional attachment under section 34c is pending immediately before the application for settlement, the settlement commission may continue the provisional attachment upto the date upio which the provisional attachment would be in force under section 34c and thereafter any order made by the settlement commission will have the same force as an original order made by it and the provisions of that section will apply accordinglyclause 57 seeks to amend section 25 of the wealth-tax act relating to the powers of commissioner to revise orders of sub­ordinate authorities it seeks to amend sub-section (2) of this section so as to broadly bring it on the lines of section 263 of the income-tax act this amendment will lake effect from 1st june, 1988clause 58 seeks to amend section 34ab of the wealth-tax act to provide that the register of valuers shall be maintained by ihc chief commissioner or director general instead of ihe board as at presentthis amendment will take effect from 1st june, 1988clause 59 seeks to make a consequential amendment in section 34acc of the wealth-lax act so as to provide that the intimation as specified in the section will now be sent to the chief commissioner or director general instead of to the boardclause 60 seeks to amend section 34ad of the wealth-tax act which provides for removal from the register of the names of valuers and restoration of names thereinsub-clauses (a) and (b) seek to change the reference to the word "board" by the words "chief commissioner" or "director general" in sub-sections (1) and (2) of this section sub-clause (c) seeks to insert new sub-sections (3) and (4)under the proposed sub-section (3), the chief commissioner or director general is being given the power to review the performance of registered valuers once in three years and to remove any person from the register of valuers if his performance is such that his name should not be retained in the register of valuersunder the proposed sub-section (4), it is being provided that the chief commissioner or director general may himself conduct an inquiry referred to in sub-section (1) or the new sub-section (3) of section 34ad or he may appoint an inquiry officer not below the rank of a commissioner for conducting such inquiry the chief commissioner or director general and the inquiry officer so appointed shall have the same powers as are vested in a court under the code of civil procedure, 1908 when trying a suit for discovery and inspection, enforcing the attendance of any person and issuing commissions these amendments will take effect from 1st june, 1988clause 61 seeks to insert a new section 34ae in chapter viib of the wealth-tax act the new section requires all the existing registered valuers to make an application to the chief commission^' or director general for fresh registration as valuers and the provisions of chapter viib relating to registration of valuers and other matters sml be tqjplicable to all the applications it has also been provided that all the pending applications on the commencement of this new section shall be deemed to be new applications for the purposes of this sectionthis amendment will take effect from 1st june, 1988clause 62 seeks to amend section 34c of the wealth-tax act relating to provisional attachment to protect revenue in certain casessub-clause (a) specifies that any proceedings under sub-section (5) of section 37a of the wealth-tax act shall be deemed to be proceedings pending for the assessment of any net wealth or (or the assessment or reassessment of any net wealth which has escaped assessment for the purposes of this sectionsub-clause (b) specifies that where an application under section 22c is made to the settlement commission when a provisional attachment under section 34c is pending, the time taken by the settlement commission for making an order under sub-section (1) of section 22d would be excluded from the period of operation of the provisional attachment under sub-section (2) of this sectionclause 63 seeks to substitute a new section 35-1 of the wealth-tax act relating to prosecution of offences under that act and the compounding of such offences (on the lines of the amendment proposed to section 279 of the income-tax act) to provide that where the prosecution is at the instance of the commissioner (appeals), the previous sanction of the chief commissioner or director general or commissioner will not be necessary the new section further provides for the compounding of offences by the board or a chief commissioner or director general as may be authorised by the board in that behalf in cases where the prosecution would lie at the instance of the commissioner (appeals) and by the chief commissioner or director general or commissioner in any other caseclause 64 seeks to amend section 37 of the wealth-tax act relating to vesting of certain powers of a civil court on wealth-tax authoritiesi sub-clause (a) seeks to insert a new sub-section (la) to vest the said powers on the director general, director, deputy director f and assistant director on the lines of similar provisions in sub-section (la) of section 131 of the income-tax actsub-clause (b) seeks to amend clause (b) of the proviso to sub-section (3) to provide that an assistant director can retain the impounded books of account for a period beyond fifteen days with the prior approval of the chief commissioner or commissioner j or director general or director, as the case may bethese amendments will take effect firom 1st june, 1988 clause 65 seeks to amend section 43 of the wealth-tax actunder the existing provisions, it has been provided that no suit shall lie in any civil court to set aside or modify any order made under the act the proposed amendment seeks to clarify that no suit shall lie in any civil court to set aside or modify any proceeding taken or order made under the act this amendment will take effect retrospectively from 1st march, 1988 clause 66 seeks to amend schedule i relating to the rates of wealth-taxthe proposed amendment s e ^ to provide that in relation to the assessment year commencing on 1st april, 1988, the wealthtax payable undo part i of the schedule shall be increased by a surcharge calculat^ at the rate of ten per cent gi such wealth-taxthis amendment will apply in relation to the assessment year 1988-89 only clause 67 sedcs to amend sub-section (1) of section 5 •of the gift-tax act by inserting a new clause (iiid)the new clause seeks to provide that gifts made by an individual or a hindu undivided family, being the initial subsciber of such relief bonds as may be notihed in this behalf by the central government, up to a maximum of rupees five lakhs in value in the aggregate in one or more previous years, shall be exempt firom gift-taxthis amendment will take effect firom 1st april, 1988 and will, accordingly, apply in relation to the assessment year 1988-89 and subsequent yearsclause 68 s e ^ to amend section 24 of the gift-tax act relating to the powers of commissiona- to revise orders of subordinate authorities it seeks to substitute the explanation below sub-section (2) of this section so as to broadly bring it on the lines of section 263 of the income-tax actthis amendment will take effect from 1st june, 1988clause 69 seeks to amend section 35 of the gift-tax act relating to prosecution for the offences specified in that section and the compounding of such offences on the lines of the amendment proposed in section 279 of the income-tax act so as to provide that if the prosecution is at the instance of the commissioner (appeals), the previous sanction of the chief commissioner or director general or commissioner will not be necessary it fiirther provides for the compunding of such offences by the board or a director general or chief commissioner as may be authorised by the board in that behalf, in cases where the prosecution would lie at the instance of the commissioner (appeals) and by the chief commissioner ot director genoal or commissioner in any other casethis amendment will take effect from 1st april, 1989clause 70 seeks to amend section 36 of the gift-tax act relating to vesting of certain powers of a civil court on various gift-tax authorities by inserting a new sub-section (la) which provides for vesting of the said powers on the director general, director, deputy director and assistant director on the lines of similar provisions in sub-section (la) of section 131 of the income-tax actthis amendment will take effect from 1st june, 1988clause 71 seeks to amend section 42 of the gift-tax actunder the existing provisions, it has been provided that no suit shall lie in any civil court to set aside or modify any order made under the act the proposed amendment seeks to clarify that no suit shall lie in any civil court to set aside or modify any proceeding taken or order made under the act this amendment will take effect retrospectively from 1st march, 1988 clause 72 seeks to substitute new authorities in the expenditure-tax act, 1987 consequent upon the redesignation of those authorities in section 116 of the income-tax actthis amendment will take effect from 1st april, 1988 clause 73 seeks to amend section 6 of the expenditure-tax act sub-clause (a) seeks to substitute sub-section (1) of section 6 of the act by a new sub-section which seeks to insert new authorities and redesignate some of the existing authorities in order to bring the designations, powers and functions of the tax authorities under the expenditure-tax act in line with the designations, powers and functions of the tax authorities under the income-tax act sab-clause (b) of this clause makes an amendment in sub-section (3) of this section to substitute the references to some of the authoi^jes by their new designationsthese amendments will take effect from 1st april, 1988clause 74 seeks to amend section 13 of the expenditure-tax act to give effect to the changed designati(mis of cotain authorities specified thereinthis amendment will take effect from 1st april, 1988clause 75 seeks to amend section 24 of the expenditure-tax act relating to application of the provisions of the income-tax act to the expenditure-tax act consequent upon the amendment of certain provisions and deletion of some other provisions of the income-tax act by the direct tax laws (amendment) act, 1987this amendment will take effect frx)m 1st april, 1988clause 76 read with the second schedule seeks to amend the customs tariff act, 1975 to-(a) raise the basic customs duty rates on-(1) palm nuts and kernels;(2) compound alcoholic preparations of a kind used for the manufacture of beverages;(3) inorganic chemicals;(4) organic chemicals and(5) miscellaneous chemical products;(b) restructure the basic customs duty rates in respect of the following goods on specific-cum-ad valorem basis-(1) certain dried fruits;(2) self adhesive plates, sheets, etc, of plastics;(c) introduce a new chi^to' note in chapter 89 so as to provide a definition for "light displacement tonnage"clause 77 seeks to levy up to the 31st march, 1989 auxiliary duties of customs on all imported goods at the rate of 50 per cent, of their valueclause 78 seeks to amend section 27 of the customs act, 1962, so as to insot a new sub-section (5) which provides that the time limit for refunds under the section shall also apply to a claim for refund made on the ground that the goods were not chargeable to the duty of customs collected the sub-section also provides that no court shall have jurisdiction in respect of such claimclause 79 seeks to amend sub-section (2) of section 115 of the customs act, 1962, relating to confiscation of conveyances used as a means of transport in the smuggling of any goods or in the carriage of any smuggled goods so as to make it self-containcdclause 80 seeks to amend sub-section (2) of section 156 of the customs act, 1962, as a consequential amendment to section 115clause 81 read with the third schedule sedcs to amend the schedule to the central excise tariff act, 1985 tt>-(a) raise the basic excise duty on-(1) package tea;c2) extracts and essences of coffee and tea;(3) aerated waters;(4) antibiotics;{5) explosives;(6) photographic and cinematographic films;(7) adv tyres;® glass fibres;^ trailers;(10) panmasala;(b) restructure the excise duty on specific basis on preparations of animal or vagetable fats;(c) change the tariff description and restructure the duty rates in respect of—(1) medicament^;;(2) cotton yam and fabrics;(3) petroleum products;(4) plastics;(5) magnetic tapes, cassettes and records;(dd change the section notes, chapter notes and the tariff descriptions in respect of chapters 26, 48, 72, 73, 74, 75, 76,78, 79, 80, 81, 82 and 83, so as to align these chapters with \ht first schedule to the customs tariff act, 1975, andrestructure the duty rates in respect of—(1) ores, slag and ash; (2) paper and paperboard and articles thereof;(3) iron and steel;(4) articles of iron and steel;(5) copper and articles thereof;(6) nickel and articles thereof;(7) aluminium and articles thereof;(8) lead and articles thereof;(9) zinc and articles thereof;(10) tin and articles thereof;(11) other base metals; cermets; and articles thereof;(12) tool, implements etc of base metals;(13) miscellaneous articles of base metal;(e) change chapter notes in respect of—(1) chapter 27, so as to make a minor correction;(2) chapter 30, so as to omit note 6 as a consequence of restructuring the tariff description; (3) chapter 52, so as to omit notes 5 and 6 as a consequence of restructuring of tariff description;(4) chapter 70, so as to make a minor correction;(5) chapter 89, so as to introduce a new chapter note to provide a definition for "light displacement tonnage";(6) insert a new sub-heading no 890800 regarding ships for breaking upclause 82 seeks to levy up to 31st march, 1989, special duties of excise on all excisable goods at the rate of 5 per cent, of the duty leviable under the central excise tariff act, 1985clause 83 read with the fourth schedule seeks to amend the first schedule to the additional duties of excise (goods of special importance) act, 1957, so as to change the tariff description and restructure the duty rates in respect of cotton fabricsclause 84 seeks to make the withdrawal of exemption from additional duties of excise under the additional duties of excise (goods of special importance) act, 1957, for certain varieties of sugar, retrospectively applicable from the 10th september, 1986clause 85 seeks to amend section 14 of the central sales tax act, 1956, so as to align th^ descriptions of certain goods mentioned therein with the descriptions in the central excise tariff act, 1985clause 86 seeks to insert a new section 35a in the general insurance business (nationalisation) act, 1972 the new section seeks to secure that no deduction of tax will be made at source under section 193 or section 194 of the income-tax act in respect of any interest or dividend payable to the general insurance corporation of india or to any of the companies referred to in the section this section will take effect from 1st june, 1988clause 87 seeks to amend section 40 of the finance act, 1983, relating to levy of wealth-tax on certain assets held by closelyheld companiessub-clause (i) of the clause seeks to amend sub-section (1) by inserting a provisosub-section (1) of section 40 provides that wealth-tax under the wealth-tax act, at the rate of two per cent, shall be charged on the net wealth of closely held companiesthe proposed proviso seeks to provide that for the assessment year commencing on the 1st april, 1988, the amount of wealthtax computed under sub-section (1) shall be increased by a surcharge calculated at the rate of ten per cent, of such wealth-taxthis amendment will take effect from 1st april, 1988 sub-clause (ii) of the clause seeks to amend sub-section (3) of section 40 in relation to the assets on which the wealth-tax is levieditem (a) of sub-clause (ii) seeks to amend clause (i) of sub-section (3) to provide that where any precious metal or alloy is held for use as a raw-material in industrial production, such asset shall not be treated as part of the net wealth for the purposes of levy of wealth-taxitem (b) seeks to amend clause (v) of sub-section (3) which specifies land other than agricultural land as one of the assets for the purposes of levy of wealth-tax the proposed amendment seeks to provide that in a case where any unused land is held by the assessee for industrial purposes, the said land shall not be taken to be part of the asset for purposes of levy of wealth-tax for a period of two years from the date of its acquisitionitem (c) seeks to substitute clause (vi) of sub-section (3) which specifies the building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, hotel or office for the purposes of its business or as residential accommodation for its employees or as a hospital, creche, school, canteen, library, recreational centre, shelter, rest-room or lunch room mainly used for the welfare of its employees and the land appurtenant to such building or part, as one of the assets for purposes of levy of wealth-taxthe proposed amendment seeks to exclude the building or part thereof and land appurtenant thereto used by the assessee as cinema house also, from the scope of clause (vi)it further seeks to provide that building or part thereof used for residential accommodation specified in the newly inserted clauses (via) and (vib) shall form part of the asset, included in net wealthnew clauses (via) and (vib) in sub-section (3) specify that any building used as residential accommodation in the nature of guest house or any building used as residential accommodation by any director, manager, secretary or any other employee of the company, such employee holding not less than one per cent of the equity share of the company or by any relative of any person who holds not less than one per cent, of such equity share as assets for the purposes of levy of wealth-tax the explanation to clause (vib) seeks to provide that for the purposes of the clause the term 'relative' will have the same meaning as assigned to it in clause (b) of explanation 1 of section 80f of the income-tax act item (d) seeks to insert a new proviso to sub-section (3) so as to provide that where any item referred to in clause (i), (ii), (iii),(iv), (v) or (vi) is held by the assessee as stock-in-trade in a business carried on by it, or in the case of motor-cars held by it as stock-in-trade, or registered as taxies and used as such in the business of running motor-cars on hire carried on by the assessee, such asset shall not form part of the net wealth of the assessee for purposes of levy of wealth-taxthe item also seeks to insert an explanation to provide that in respect of any gold, silver, platinum or any other precious metal or alloy containing one or more of such precious metals, precious or semi-precious stones, ornaments made of gold, silver, platinum or any other precious metal, utensils made of gold, silver, platinum or any other precious metal or alloy, the question whether such assets are held by the assessee as stock-in-trade of the business carried on by it will be decided in accordance with such directions which the board may by general or special order issue for the ^idance of the assessing officers, having regard to the ratio which the yearly turnover of business bears to the average stock of such assets held by the assesseethe proposed amendments by sub-clause (ii) will take effect from 1st april, 1989 and will, accordingly, apply in relation to the assessment year 1989-90 and subsequent yearsclause 88 seeks to make amendments of a consequential nature in sections 36, 37 38, 92, 128, 153, 154, 155 158, 162 and 182 of the direct tax laws (amendment) act 1987 so as to bring the amendments, other than the omission of clause (xvii) of section 2 of the gift-tax act, made by those sections into force with effect from 1st april, 1988sub-clauses (d) and (i) of clause 4, clause 6, clause 15, clause 23, clause 24, clause 26, clause 39, clause 40, clause 47, clause 55, clause 58, clause 59, clause 60, clause 61, clause 63, clause 67, clause 69 and clause 87 of the bill seek to amend certain provisions of, or insert new provisions in, the income-tax act, the wealth-tax act, the gift-tax act and the finance act, 1983 the said provisions are new sub-clause (iic) of clause (15) of section 10, clause (31) of section 10, clause (i) of the explanation to new section lob, clause (b) of, and the proviso to, sub-section (1) of new section 44ac, clauses (i) and (ii) of sub-section (1) of new section 80cca, clauses (a) and (b) of new sub-section (4a) of section 80hhc, the first proviso to section 80-0, sub-section (2) of section 195, sub-sections (3) and (5) of new section 206c and sub-section (2) of section 279, of the income-tax act; new clause (xvif) of sub-section (1) of section 5, sub-sections (1) and (2) of section 34ab, section 34acc, section 34ad, section 34ae and sub-section (2) of section 35-1, of the wealth-tax act; new clause (iiid) of sub-section (1) of section 5 and sub-section (4) of section 35 of the gift-tax act; and the explanation to sub-section (3) of section 40 of the finance act, 1983the said provisions of the income-tax act, the wealth-tax act, the gift-tax act and the finance act, 1983 empower the central government to issue notifications, specify schemes or, as the case may be, make rules for the purposes specified in the relevant provisions the matters in respect of which notifications may be issued or the schemes may be specified or the rules may be made in accordance with the aforesaid provisions are matters of procedure and detail and it is not practicable to provide for them in the bill itselfthe delegation of legislative powers is, therefore, of a normal character a billto give effect to the financial proposals of the central government for the financial year 1988-89minister of finance)

Parliament_bills

a37c5373-faf1-5a55-b715-27ebdbc86be6

bill no 16 of 1965 the appropriation (railways) bill, 1965 a billto aut~e payment and appropriation of certni11l 81£ms from and out of the consolidated fund oj india for the service of the financial yeaf' 1965-66 for t·he purposes of railways be it enacted by parliament in the sweenth year of the republic of india as follows:-1 this act may be called the appropriation (railways) act, 1965 short title z from and out of the consolidated fund of india there may be issue of ri 5 paid and applied sums not exceeding those specified in column 3 of 1,364,47, the schedule amounting in the aggregate to the sum of one thousand, wi,ooo ' out oftha three mmdred and sixty-fo1m::ocrores, forty-seven lakhs and eighty consou-seven thousand rupees towards defraying the several charges which dated will come in course of payment during the financial year 1965-66, fund ot 10 in respect of the services relating to railways specified in column 2 india for of the schedule the 1lnancial year 19m-88 3 the sums authorised to be paid and applied from a~d out of approthe consolidated fund of india by this act shall be appropriated for priation the services: and purposes expressed in the schedule in re~tion· to is the said year ,, the schedule __ _ (se, sections 2 and 3) sum not cxceedina services and purposes total voted by parliament no of vote charged on the con-iolidated fund ri ri 1,18,64,000 10 1 railway board 3,00,000 3,66~63,000 miac:cuaneoils expenditure 3 payments to worked lines and othen 4 100000 working uation expensca-adminis-!s 1,00,000 working expensca-repain and maintenance ~ 6 1,00,000 106,7934,000 20 workinl expensca-operating staff ~ 7 1,00,000 101,76,66,000 workins expenses-operation (fucl) 8 workidi hxpenaea-operation other than staff and fuel 9 7~',ooo workidi bxpensea-miscella-deoua bxpenses 10 workidi welfare &perucs-labour • ii 85,00,00,000 working expenses-appropriation to depreciation reaerve fund - li'-a u,lo,oo,ooo 13,10,00,000 working ~ai'-propriation to pension fund paymenta to general revenues 11,00,00,000 open line works (revenuc) 13 conatruction of new lines 14 open line word-capital, de-is ~reciation reaerve fund and development fudd - 16 pensionary fund clwjel-pension -- - --- no services and purposes sudli not esceedidl of voted by ~~~ total ote parliament v ioudated fudd s ri lb ila 17 ~ti of 10ana from revenuca and interest thenon-dnclopment fund · , · · 10 18 apj,ropriation to development i und - - 29,2),67,000 · 29,2],67,000 19 appropriation to revenue re-krve fund · · · 20 withdrawal from ~vcnue re- i aervo fund · · · total 1,363~~j93,qoo _ :~',94,cjoo -1,164,47,87,000 , statement of objects and reasons this bill is introduced in pursuance of article 114 (1) of the constitution of india, to provide· for' the appropriation out of the consolidaw fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by lok sabha in respect of the estimated expenditure of the central , government on railways, for the financial year 1965-68 s k patil presldents recommendation under article 117 of the constitution of india[copy of letter no 65-m017/1, dated the 18th february, 1965 from shri s k patil, minister of railways to the secretary, lok sabha] the president having been informed of the subject matter of the proposed appropriation bill providing for the appropriation out of the con,solidated fund of india qf the moneys required to meet; the expenditure charged on the fund and the grants made by the parliament for the financial year, 1965-66, recommends under clauses (1) and (3) of article 117 of the constitution the introduction in and consideration by the lok sabha of the appropriation bill _ ~ ,; r i ifl a bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the service of the financial year 196s-66 for the purposes of railways (shri s k pam, minister of railways) ,

Parliament_bills

d484dea8-d9dd-5e64-a5de-eb6081393c1c

the sugar export promotion bill, 1958(as introduc!d in lok sabha) the sugar export promotion bill, 1958 (as introduced in lok sarra) a billto provide for the export of sugar in the public interest and for the levy and collection in certain circumstances of an additional duty of excise on sugar produced in india be it enacted by parliament in the ninth year of the republic of india as follows:-1 (1) this act may be called the sugar export promotion act, shd"rt title 1958 an extent (2) it extends to the whole of india deft 5 2 in this act, unless the context otherwise requires,-(a) "export" means taking out of india by sea, land or air; (b) "export agency" means any such agency as may be specified in this behalf under section 3, and when no such agency has been so specified, the central government; 10 (c) "export quota" means the export quota referred to in section 5; (d) "factory" means any premises (including the precincts thereof) wherein sugar is being produced by the vacuum pan process; is (e) "owner"-(i) with reference to any factory the possession of which has been transferred by lease, mortgage or otherwise, means the transferee so long as his right to possession subsists, (ii) with reference to any factory for which an agent, by whatever name called, is employed, means the agent if, s and in so far as, he has been duly authorised by the owner in that behalf, and (iii) with reference to any factory the management of which has been taken over by any person or body of persons under the industries (development and regulation) act, 1951, means that person or body of persons; 10 6,5 of 19~i (f) "sugar" means any form of sugar containing more than ninety per cent of sucrose; ! (g) "year" means the year beginning on the first day of may 3 (1) for the purposes of this act, the central government 15 may, by notification in ,the" official gazette; specify as an export agency any company within the meaning of the companies act, 1956, or any body of persons established or recognised as a body corporate by or under any other law for the time being in force, (2) where any such company or other body corporate has been specified as an export agency, it shall be lawful for such agency to 30 perform all or any of the functions of an export agency under this act, notwithstanding anything to the contrary contained in the memorandum or articles of association of the company or, as the case may be, the law applicable thereto 25 pidtionof qualdty of aupr for pur,'obes of export 4 (1) the central government may, by notification in the official gazette fix from time to time the quantity of sugar which may be exported during any period, and, in fixing such quantity, the central government shall have regard t~ (a) the quantity of sugar available in india, 30 (b) the quantity of sugar which, in its opinion, would be reasonably required for consumption in india, (c) the necessity for exporting sugar with a view to earning foreign exchange in the public interest (2) the power conferred by sub-section (1) shall be so exercised 35 as to ensure that the quantity fixed under that sub-section for any year does not exceed in the aggregate twenty per cent of the quantity of sugar produced in india in the season ending with the month of october falling within that year 5 the central government shall, by order in writing, apportion export fi the quantity of sugar fixed from time to time for purposes of export (a~:~~cb~r under section 4 among the owners in proportion to the quantity of sugar produced, or likely to be produced, by them respectively s during the season referred to in sub-section (2) of section 4, and such order shall be communicated to each of the owners, and the quantity so apportioned shall be deemed to be the export quota for the factory of that owner 6 (1) every owner shall, on demand by the export agency, liability of 10 deliver to it from time to time sugar produced in his factory in' such ~:ti~to quantities (not exceeding in the aggregate his export quota fixed export for the factory or group of factories, as the case may be), of !luch i:~~/o grade, in such manner, within such time and at such place, as may ai~ncy be specified by the export agency in this behalf is (2) when sugar has been delivered by an owner in accordance with the provisions of sub-section (1), the owner shall retain no rights in respect of such sugar except his right to receive payment therefor under section 9 7 (1) where sugar delivered by any owner falls short of the ~cilii~~al 20 export quota fixed for it by any quantity (hereinafter referred to as excise duty the said quantity), there shall be levied and collected on so much of on sugar the sugar despatched from the factory for consumption in india as is equal to the said qutll'ltity, a duty of excise at the rate of seventeen rupees per maund ~5 (2) the duty of excise referred to in sub-section (1) shall be in addition to the duty of excise chargeable on sugar under any other law for the time being in force, and shall be paid by the owner to such authority as may be specified in the notice demanding the payment of duty and within such period not exceeding ninety days 30 as may be specified in such notice (3) if any such owner does not pay the whole or any part of the duty payable by aim within the period referred to in sub-section (2), he shall be liable to pay in respect of every period of thirty days or part thereof during which the default continues a penalty which 35 may extend to ten per cent of the duty outstanding from time to time, the penalty being adjudged in the same manner as the penalty to which a persl!ln is liable under the rules made under the central excises and salt act, 1944, is adjudged of 1944 of 1944 (4) the provisiotls of the central excises and salt act, 1944, and 40 the rules made thereunder, including those relating to refunds and exemptions from duty, shall, so far as may be, apply in relation to the levy and collection of the duty of excise or any other sum referred to in this section as they apply in relation to the levy and collection of the duty on sugar or other sums of money payable to the central government under that act or the rules made thereunder 8 (j) the export agency shall take all practical measures to s export sugar delivered to it under this act: sale by export agency of sugar delivered provided that, if the export agency is of opinion that having regard to the quality of the sugar delivered to it by any owner, or to the expenses involved in transporting the sugar from one place to another, or to the delay likely to be involved in exporting it, or to 10 the conditions prevailing in the markets for sugar, whether in or out of india, or to any other relevant circumstance, it is expedient so to do, the export agency may sell the whole or any part of the sugar in india and may, if it thinks fit, purchase such quantity of sugar as it may consider necessary for export at the appropriate time is (2) for the purposes of sub-section (1), the export agency may itself sell sugar or permit the owner to sell the whole or any part of the export quota in his custody at a price approved by it on condition that the sale-proceeds are payable to it payments to owners in reapect of lugar deliver~d 9 (1) the export agency shall, at such time as it thinks fit, make 20 to the owners who have delivered sugar to it under this act, payments determined in accordance with the provisions hereinafter in this section contained (2) from the total sale-proceeds in respect of the quantity fixed for export under section 4 for any year, there shall be deducted 25 the total expenditure incurred by the export agency in respect of the sugar, whether by way of administrative expenses or otherwis~, and the balance shall be apportioned among the owners in proportion to the quantity of sugar delivered by them respectively during that q year 3 (,'l) in making any distribution under this section, the export agency shall make such adjustments as may be necessary having regard to the grade of sugar delivered by any owner, the adjustments being made on the basis of sugar of iss-e-29 grade and with 35 reference to the price differential schedule for different grades of sugar which the central government may, by notification in the official gazette, publish in this behalf (4) notwithstanding anything contained in this section and subject to the rules which may be made in this behalf, the export agency may make on account payments to owners against documents of delivery of sugar furnished by them, and such payments shall be adjusted at the time of final payment 10 the export agency specified under section 3 shall be bound, power of sin the discharge of its functions under this act, by such general cgentral t ovcrnmen or speciel directions, as the central government may give to it in tc? giv~ writing direcnons 11 the central government may, by notification in the official delegation gazette, direct, that any power conferred on it by this act shall, sub- of powers 10 ject to such conditions, if any, as mey be specified in the notification, be exercisable also by such officer or authority subordinate to the central government as may be specified in the notification 12 no suit, prosecution or other legal proceeding shall lie against pr~tection of the export agency or the centrol government or any of its officers ~~~~~ x'!~n 15 for or in respect of anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder 13 (1) the central government may, by notification in the power to official gazette, make rules for carrying out the purposes of this make rules 20 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 submission by owners to such authority as may be 25 specified in this behalf, of returns or reports or other information relating to the manuf\1cture, sale, despatch, stocks and prices of sugar; (b) the manner in which the accounts of the export agency may be maintained and audited; 30 (c) the inspection of records end registers of factories and the export agency; (d) the making of payments by the export agency to owners; (e) any other matter which is to be or may be prescribed under this act 3s (3) in making a rule under this section, the central government may direct that a breach thereof shall be punishable with fine which may extend to five thousand rupees (4) all rules made under this act shall be laid for not less than thirty days before each house of parliament as soon as may be after they are made and shall be subject to such modifications as parha ment mey make during the session in which they are so laid or the session immediately following repeal and savina 14 (1) the sugar export promotion ordinance, 1958, is hereby repealed s of 1958, s (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act as if this act had commenced on the 27th day of june, 1958 statement of objects and reasonswith a view to earning foreign exchange, it is necessary to promote export of sugar the exportof sugar, however, involves a loss, even if excise duty and cane cess are remitted aij government have no powers under the existing law to earmark any portion of the production of the factories for export, and as the need for foreign exchange is pressing, it is necessary to empower the central government to fix the quantity of sugar to be exported from time to time and to apportion the same to sugar producers, in proportion to their production, who shall be under obligation to supply their ~xport quota to the export agency ajit prasad jain njitv delhi; , the 9tl august, 1958 sub-clause (1) of clause 13 empowers the central government to make rules for carrying out the purposes of this law and sub-clause (2) thereof enumerates the various matters in resp }ct of which rules may be made these matters relate to the submission by owners to a specified authority of returns, reports or other information relating to the manufacture, sale, despatch, stocks and prices of sugar, the manner in which the accounts of the export agency may be maintained and audited, the inspection of records and registers of hctories and the export agency and the making of payments by the export agency to owners these are matters of detail which may best be regulated by rules the delegation of powers is of a normal character a bill to provide for the export of sugar in the public interest and for the levy and collection in certain circumstances of an additional duty of excise on sugar produced in india (shri alit prasadjmn, minister of food and agril

Parliament_bills

0de9f185-9f18-5ff0-bd26-fdf1974939b8

bill no 160 of 2013 the constitution (scheduled tribes) order (second amendment) bill, 2013 a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the states of tamil nadu and chhattisgarhbe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order (second amendment) act, 20132 in the schedule to the constitution (scheduled tribes) order, 1950,—co 22(a) in part xiv—tamil nadu, after entry 36, insert—5''37 narikoravan grouped with kurivikkaran'';(b) in part xx—chhattisgarh, in entry 14, after ''dhanwar'', insert ''dhanuhar, dhanuwar''amendment of part xiv and part xx of constitution (scheduled tribes) order, 1950 statement of objects and reasons scheduled tribes have been defined in clause (25) of article 366 of the constitution as such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of the constitution2 article 342 of the constitution provides as under:—''342 scheduled tribes— (1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of our group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification" 3 in accordance with the said constitutional provisions, the first list of scheduled tribes in respect of the state of tamil nadu (the then state of madras) was notified vide the constitution (scheduled tribes) order, 1950 the list of scheduled tribes of the state of tamil nadu have been modified through the scheduled castes and scheduled tribes orders (amendment) act, 1956, the scheduled castes and scheduled tribes lists (modification) order, 1956 (dated the 29th october, 1956), the scheduled castes and scheduled tribes orders (amendment) act, 1976 and the scheduled castes and scheduled tribes orders (amendment) act, 2002 at present, there are thirty-six communities and synonyms appearing in the list of scheduled tribes in the state of tamil nadu4 similarly, the first list of scheduled tribes in respect of the state of chhattisgarh was notified vide the constitution (scheduled tribes) order, 1950 the list of the scheduled tribes of the state of chhattisgarh have been modified through the scheduled castes and scheduled tribes orders (amendment) act, 1956, the scheduled castes and scheduled tribes lists (modification) order, 1956 (dated the 29th october, 1956), the scheduled castes and scheduled tribes orders (amendment) act, 1976 and the scheduled castes and scheduled tribes orders (amendment) act, 2002 at present, there are forty-two communities and synonyms appearing in the list of scheduled tribes in the state of chhattisgarh5 on the basis of the recommendations of the state of tamil nadu and chhattisgarh, it is proposed to amend parts xiv and xx of the schedule to the constitution (scheduled tribes) order, 1950 relating to tamil nadu and chhattisgarh, respectively, to grant scheduled tribes status to and include "narikoravan grouped with kurivikkaran" community in the list of scheduled tribes of tamil nadu and inclusion of "dhanuhar, dhanuwar" communities as synonyms of "dhanwar" scheduled tribes of chhattisgarh in the list of scheduled tribes of chhattisgarh6 the bill seeks to achieve the aforesaid objectsnew delhi;v kishore chandra deothe 11th december, 2013 financial memorandumthe bill seeks to amend the constitution (scheduled tribes) order, 1950 for inclusion of the communities "narikoravan grouped with kurivikkaran" by inserting a new entry in the list of scheduled tribes in respect of the state of tamil nadu, and for inclusion of the communities "dhanuhar, dhanuwar" by inserting them after "dhanwar", in entry 14 in the list of scheduled tribes in respect of the state of chhattisgarh2 the amendment in the list of scheduled tribes in respect of the states of tamil nadu and chhattisgarh will entail additional recurring expenditure from the consolidated fund of india on account of benefits likely to be provided to the persons belonging to "narikoravan grouped with kurivikkaran" and "dhanuhar, dhanuwar" communities in the states of tamil nadu and chhattisgarh, respectively, out of continuing schemes meant for the welfare of the scheduled tribes the said expenditure will be accommodated within the annual plan and non-plan outlay of the ministry annexure extracts from the constitution (scheduled tribes) order, 1950 (co 22) the schedule part xiv—tamil nadu part xx—chhattisgarh14 dhanwar ———— a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the states of tamil nadu and chhattisgarh————

Parliament_bills

8c7479ee-52ad-512d-962a-453e6ffe87af

bill no 19 of 2021 the tribunals reforms (rationalisation and conditions of service) bill, 2021 a billfurther to amend the cinematograph act, 1952, the customs act, 1962, the airports authority of india act, 1994, the trade marks act, 1999 and the protection of plant varieties and farmers' rights act, 2001 and certain other actsbe it enacted by parliament in the seventy-second year of the republic of india as follows:— chapter i preliminary(2) save as otherwise provided in this act, it shall come into force on such date as the central government may, by notification in the official gazette, appoint:definitions2 in this act, unless the context otherwise requires,—(a) "notified date" means the date appointed by the central government under sub-section (2) of section 1;(b) "schedule" means the schedule appended to this act5 chapter ii amendments to the cinematograph act, 19523 in the cinematograph act, 1952,— (a) in section 2, clause (h) shall be omitted;amendment of act 37 of 1952(b) in section 5c,—10(i) for the word "tribunal", at both the places where it occurs, the words"high court" shall be substituted;(ii) sub-section (2) shall be omitted;(c) sections 5d and 5dd shall be omitted;15(d) in section 6, the words "or, as the case may be, decided by the tribunal (but not including any proceeding in respect of any matter which is pending before the tribunal)" shall be omitted;(e) in sections 7a and 7c, for the word "tribunal", wherever it occurs, the words "high court" shall be substituted;20(f) in sections 7d, 7e and 7f, the words "the tribunal,", wherever they occur, shall be omitted;(g) in section 8, in sub-section (2), clauses (h), (i), (j) and (k) shall be omitted chapter iii amendments to the copyright act, 19574 in the copyright act, 1957,—25(a) in section 2,—amendment of act 14 of 1957(i) clause (aa) shall be omitted; (ii) clause (fa) shall be re-lettered as clause (faa) and before the clause (faa) as so re-lettered, the following clause shall be inserted namely:304 of 2016'(fa) "commercial court", for the purposes of any state, means a commercial court constituted under section 3, or the commercial division of a high court constituted under section 4 of the commercial courts act, 2015;'; (iii) for clause (u), the following clause shall be substituted, namely:—'(u) "prescribed" means,—35(a) in relation to proceedings before a high court, prescribed by rules made by the high court; and(b) in other cases, prescribed by rules made under this act';(b) in section 6,—40(i) for the words "appellate board", wherever they occur, the words"commercial court" shall be substituted;(ii) the words "constituted under section 11 whose decision thereon shall be final" shall be omitted; (c) in chapter ii, in the chapter heading, the words "and appellate board"shall be omitted;(d) sections 11 and 12 shall be omitted; (e) in sections 19a, 23, 31, 31a, 31b, 31c, 31d, 32, 32a and 33a, for the words"appellate board", wherever they occur, the words "commercial court" shall be substituted;5( f) in section 50, for the words "appellate board", wherever they occur, the words "high court" shall be substituted;(g) in section 53a,—(i) for the words "appellate board", wherever they occur, the words"commercial court" shall be substituted;10(ii) in sub-section (2), the words "and the decision of the appellate board in this behalf shall be final" shall be omitted; (h) in section 54, for the words "appellate board", the words "commercial court" shall be substituted;(i) for section 72, the following section shall be substituted,—15 "72 (1) any person aggrieved by any final decision or order of the registrar of copyrights may, within three months from the date of the order or decision, appeal to the high courtappeals against orders of registrar of copyrights(2) every such appeal shall be heard by a single judge of the high court: provided that any such judge may, if he so thinks fit, refer the appeal at any stage of the proceeding to a bench of the high court20(3) where an appeal is heard by a single judge, a further appeal shall lie to a bench of the high court within three months from the date of decision or order of the single judge(4) in calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded";25(j) in sections 74 and 75, the words "and the appellate board", wherever they occur, shall be omitted;(k) in section 77, the words "and every member of the appellate board" shall be omitted;30(l) in section 78, in sub-section (2),—(i) clauses (ca) and (ccb) shall be omitted; (ii) in clause (f), the words "and the appellate board" shall be omitted chapter iv amendments to the customs act, 1962355 in the customs act, 1962,—(a) in section 28e, clauses (ba), (f) and (g) shall be omitted;amendment of act 52 of 1962(b) in section 28ea, the proviso shall be omitted; (c) in section 28f, sub-section (1) shall be omitted;(d) in section 28ka,—40(i) in sub-section (1), for the words "appellate authority", at both theplaces where they occur, the words "high court" shall be substituted;(ii) sub-section (2) shall be omitted;(e) in section 28l, the words "or appellate authority", wherever they occur, shall be omitted;(f) in section 28m,—5(i) in the marginal heading, the words "and appellate authority" shall be omitted;(ii) sub-section (2) shall be omitted chapter v amendments to the patents act, 19706 in the patents act, 1970,—10(a) in section 2, in sub-section (1),—amendment of act 39 of 1970(i) clause (a) shall be omitted; (ii) in clause (u), sub-clause (b) shall be omitted;(b) in section 52, the words "appellate board or", wherever they occur, shall be omitted;15(c) in section 58,—(i) the words "the appellate board or", wherever they occur, shall be omitted;(ii) the words "as the case may be" shall be omitted;(d) in section 59, the words "the appellate board or" shall be omitted;20(e) in section 64, the words "by the appellate board or" shall be omitted; (f) in section 71, for the words "appellate board" and "board", wherever they occur, the words "high court" shall be substituted;(g) in section 76, the words "or appellate board" shall be omitted; (h) in section 113,—25(i) in sub-section (1),—(a) the words "the appellate board or", wherever they occur, shall be omitted;(b) the words "as the case may be" shall be omitted;(ii) in sub-section (3), the words "or the appellate board" shall be omitted;30 (i) in chapter xix, for the chapter heading, the chapter heading "appeals"shall be substituted; (j) sections 116 and 117 shall be omitted; (k) in section 117a, for the words "appellate board", wherever they occur, the words "high court" shall be substituted;35(l) sections 117b, 117c and 117d shall be omitted; (m) in section 117e, for the words "appellate board", wherever they occur, the words "high court" shall be substituted;(n) sections 117f, 117g and 117h shall be omitted; (o) in section 151,—40(a) in sub-section (1), the words "or the appellate board", at both the places where they occur, shall be omitted;(b) in sub-section (3), for the words "the appellate board or the courts, as the case may be", the words "the courts" shall be substituted; (p) in section 159, in sub-section (2), clauses (xiia), (xiib) and (xiic) shall be omitted chapter vi 5 amendments to the airport authority of india act, 19947 in the airports authority of india act, 1994,—(a) in section 28a, clause (e) shall be omitted;amendment of act 55 of 1994 (b) in section 28e, for the word "tribunal", at both the places where it occurs, the words "central government" shall be substituted;10(c) sections 28-i, 28j and 28ja shall be omitted;(d) in section 28k,-—(i) in sub-section (1),—15(a) for the words "tribunal in such form as may be prescribed", the words "high court shall be substituted;(b) in the proviso, for the word "tribunal" the words "high court"shall be substituted; (ii) sub-sections (2), (3), (4) and (5) shall be omitted;(e) section 28l shall be omitted; (f) in section 28m, the words "or the tribunal" shall be omitted;20(g) in section 28n, in sub-section (2), for the word "tribunal", the words "high court" shall be substituted;(h) in section 33, the words "or the chairperson of the tribunal" shall be omitted;25(i) in section 41, in sub-section (2), clauses (gvi), (gvii), (gviii) and (gix) shall be omitted chapter vii amendments to the trade marks act, 19998 in the trade marks act, 1999,—(a) in section 2, in sub-section (1),—(i) clauses (a), (d), (f), (k), (n), (ze) and (zf) shall be omitted;30amendment of act 47 of 1999(ii) for clause (s), the following clause shall be substituted, namely:—'(s) "prescribed" means,—(i) in relation to proceedings before a high court, prescribed by rules made by the high court; and35(ii) in other cases, prescribed by rules made under this act;';(b) in section 10, for the word "tribunal", the words "registrar or the high court, as the case may be," shall be substituted;(c) in section 26, for the word "tribunal", the words "registrar or the high court, as the case may be," shall be substituted;40(d) in section 46, in sub-section (3), for the word "tribunal", the words "registrar or the high court, as the case may be," shall be substituted;(e) in section 47,—(i) for the words "appellate board", at both the places where it occurs, the words "high court" shall be substituted;5(ii) for the word "tribunal", wherever it occurs, the words "registrar or the high court, as the case may be," shall be substituted; (f) in section 55, in sub-section (1), for the word "tribunal", the words "registrar or the high court, as the case may be," shall be substituted;(g) in section 57,—10(i) for the words "appellate board", wherever it occurs, the words"high court" shall be substituted;(ii) for the word "tribunal", wherever it occurs, the words "registrar or the high court, as the case may be," shall be substituted;(h) in section 71, in sub-section (3), for the word "tribunal", the words "registrar or the high court, as the case may be," shall be substituted;15 20bar to appear before registrar25 30 35 40(i) in chapter xi, for the chapter heading, the chapter heading "appeals"shall be substituted;(j) sections 83, 84, 85, 86, 87, 88, 89, 89a and 90 shall be omitted; (k) in section 91, for the words "appellate board", wherever they occur, the words "high court" shall be substituted;(l) sections 92 and 93 shall be omitted; (m) for section 94, the following section shall be substituted, namely:—"94 on ceasing to hold the office, the erstwhile chairperson, vice-chairperson or other members, shall not appear before the registrar"; (n) sections 95 and 96 shall be omitted; (o) in section 97, for the words "appellate board", wherever they occur, the words "high court" shall be substituted;(p) in section 98, for the words "appellate board" and "board", wherever they occur, the words "high court" shall be substituted;(q) sections 99 and 100 shall be omitted; (r) in section 113,(i) for the words "appellate board", at both the places where they occur, the words "high court" shall be substituted;(ii) for the word "tribunal" the words "registrar or the high court, as the case may be," shall be substituted; (s) in section 123, the words "and every member of the appellate board" shall be omitted;(t) in sections 124 and 125, for the words "appellate board", wherever they occur, the words "high court" shall be substituted;(u) in section 130, the words "the appellate board or" shall be omitted; (v) in section 141, for the words "appellate board", at both the places where they occur, the words "high court" shall be substituted;(w) in section 144, for the word "tribunal", the words "registrar or the high court, as the cvase may be shall be substituted;(x) in section 157, in sub-section (2),—(i) clauses (xxxi) and (xxxii) shall be omitted; (ii) in clause (xxxiii), for the words "appellate board", the words "high court" shall be substituted chapter viii amendments to the geographical indications of goods (registration and protection) act, 19999 in the geographical indications of goods (registration and protection) act, 1999,—(a) in section 2, in sub-section (1), clauses (a) and (p) shall be omitted;amendment of act 48 of 19995(b) in section 19, for the word "tribunal", the words "registrar or the high court, as the case may be," shall be substituted;(c) in section 23, for the words "and before the appellate board before which", the words "before whom" shall be substituted;10(d) in section 27,—(i) for the words "appellate board", wherever they occur, the words"high court" shall be substituted;(ii) for the word "tribunal", wherever it occurs, the words "registrar or the high court, as the case may be," shall be substituted;15(e) in chapter vii, for the chapter heading, the chapter heading "appeals"shall be substituted;(f) in section 31,—(i) for the words "appellate board", wherever they occur, the words"high court" shall be substituted;(ii) sub-section (3) shall be omitted;20(g) sections 32 and 33 shall be omitted; (h) in sections 34 and 35, for the words "appellate board", wherever they occur, the words "high court" shall be substituted;(i) section 36 shall be omitted;25(j) in section 48,—(i) for the words "appellate board", at both the places where they ocur, the words "high court" shall be substituted;(ii) for the word "tribunal", the words "registrar or the high court, as the case may be," shall be substituted;30 (k) in sections 57 and 58, for the words "appellate board", wherever they occur, the words "high court" shall be substituted;(l) in section 63, the words "the appellate board or" shall be omitted; (m) in section 72, for the words "appellate board", wherever they occur, the words "high court" shall be substituted;35(n) in section 75, for the word "tribunal", the words "registrar or the high court, as the case may be," shall be substituted;(o) in section 87, in sub-section (2), clause (n) shall be omitted chapter ix amendments to the protection of plant varieties and farmers' rights act, 20014010 in the protection of plant varieties and farmers' rights act, 2001,—amendment of act 53 of 2001(a) in section 2,—(i) clauses (d), (n) and (o) shall be omitted; (ii) for clause (q), the following clause shall be substituted, namely:—'(q) "prescribed" means,—45(a) in relation to proceedings before a high court, prescribed by rules made by the high court; and(b) in other cases, prescribed by rules made under this act;'; (iii) clauses (y) and (z) shall be omitted;(b) in section 44, the words "or the tribunal" shall be omitted;5(c) in chapter viii, for the chapter heading, the chapter heading "appeals"shall be substituted;(d) sections 54 and 55 shall be omitted; (e) in section 56,—(i) for the word "tribunal", wherever it occurs, the words "high court"shall be substituted;10(ii) sub-section (3) shall be omitted;(f) in section 57,—(i) for the word "tribunal", wherever it occurs, the words "high court"shall be substituted;(ii) sub-section (5) shall be omitted;15(g) sections 58 and 59 shall be omitted; (h) in section 89, the words "or the tribunal" shall be omitted chapter x amendments to the control of national highways (land and traffic) act, 200211 in the control of national highways (land and traffic) act, 2002,—amendment of act 13 of 200320(a) in section 2,—(i) clause (a) shall be omitted; (ii) after clause (d), the following clause shall be inserted, namely:—25'(da) "court" means the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction;'; (iii) clause (l) shall be omitted;(b) in chapter ii, in the chapter heading, the words "and tribunals, etc"shall be omitted;(c) section 5 shall be omitted;30 (d) for section 14, the following section shall be substituted, namely:—appeals"14 an appeal from any order passed, or any action taken, excluding issuance or serving of notice under sections 26, 27, 28, 36, 37 and 38 by the highway administration or an officer authorised on its behalf, as the case may be, shall lie to the court";35(e) sections 15 and 16 shall be omitted;(f) in section 17, for the word "tribunal", at both the places where it occurs, the word "court" shall be substituted;(g) section 18 shall be omitted;40(h) in section 19, for the word "tribunal", at both the places where it occurs, the word "court" shall be substituted;(i) section 40 shall be omitted; (j) in section 41,—(i) the words "or every order passed or decision made on appeal under this act by the tribunal" shall be omitted;(ii) the words "or tribunal" shall be omitted;(k) in section 50, in sub-section (2), clause (f) shall be omitted 5 chapter xi amendments to the finance act, 201712 in the finance act, 2017 (hereinafter refered to as the finance act),—amendment of act 7 of 2017(i) for section 184, the following section shall be substituted, namely:—10'184 (1) the central government may, by notification, make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and the other conditions of service of the chairperson and members of the tribunal as specified in the eighth schedule:qualifications, appointment, etc, of chairperson and members of tribunalprovided that a person who has not completed the age of fifty years shall not be eligible for appointment as a chairperson or member:15provided further that the allowances and benefits so payable shall be to the extent as are admissible to a central government officer holding the post carrying the same pay:20provided also that where the chairperson or member takes a house on rent, he may be reimbursed a house rent subject to such limits and conditions as may be provided by rules(2) the chairperson and members of a tribunal shall be appointed by the central government on the recommendation of a search-cum-selection committee (hereinafter referred to as the committee) constituted under sub-section (3), in such manner as the central government may, by rules, provide(3) the search-cum-selection committee shall consist of—25(a) the chief justice of india or a judge of supreme court nominated by him—chairperson of the committee;(b) two secretaries nominated by the government of india—members; (c) one member, who—30(i) in case of appointment of a chairperson of a tribunal, shall be the outgoing chairperson of the tribunal; or(ii) in case of appointment of a member of a tribunal, shall be the sitting chairperson of the tribunal; or35(iii) in case of the chairperson of the tribunal seeking re-appointment, shall be a retired judge of the supreme court or a retired chief justice of a high court nominated by the chief justice of india:provided that, in the following cases, such member shall always be a retired judge of the supreme court or a retired chief justice of a high court nominated by the chief justice of india, namely:—4051 of 1947(i) industrial tribunal constituted by the central government under the industrial disputes act, 1947;(ii) tribunals and appellate tribunals constituted under the recovery of debts due to banks and financial institutions act, 1993;(iii) tribunals where the chairperson or the outgoing chairperson, as the case may be, of the tribunal is not a retired judge of the supreme court or a retired chief justice or judge of a high court; and5(iv) such other tribunals as may be notified by the central government in consultation with the chairperson of the search-cum-selection committee of that tribunal; and(d) the secretary to the government of india in the ministry or department under which the tribunal is constituted or established—member-secretary (4) the chairperson of the committee shall have the casting vote10(5) the member-secretary of the committee shall not have any vote (6) the committee shall determine its procedure for making its recommendations15(7) the central government shall take a decision on the recommendations of the committee preferably within three months from the date on which the committee makes its recommendations to the government(8) no appointment shall be invalid merely by reason of any vacancy or absence in the committee(9) the chairperson and member of a tribunal shall be eligible for re-appointment in accordance with the provisions of this section:20provided that in making such re-appointment, preference shall be given to the service rendered by such person(10) the central government shall, on the recommendation of the committee, remove from office, in such manner as may be provided by rules, any member, who—(a) has been adjudged as an insolvent; or25(b) has been convicted of an offence which involves moral turpitude; or (c) has become physically or mentally incapable of acting as such amember; or(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or30(e) has so abused his position as to render his continuance in office prejudicial to the public interest:provided that where a member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges35explanation—for the purposes of this section, the expression—(i) "tribunal" means a tribunal, appellate tribunal or authority as specified in column (2) of the eighth schedule;(ii) "chairperson" includes chairperson, chairman, president and presiding officer of a tribunal;40(iii) "member" includes vice-chairman, vice-chairperson, vice-president, account member, administrative member, judicial member, expert member, law member, revenue member and technical member, as the case may be, of a tribunal;(ii) in section 184 as so substituted, after sub-section (10) and before the explanation, the following sub-section shall be inserted and shall be deemed to have been inserted which effect from the 26th may, 2017, namely:—"(11) notwithstanding anything contained in any judgment, order, or decree of any court or any law for the time being in force,—(i) the chairperson of a tribunal shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier;5(ii) the member of a tribunal shall hold office for a term of four years ortill he attains the age of sixty-seven years, whichever is earlier:10provided that where a chairperson or member is appointed between the26th day of may, 2017 and the notified date and the term of his office or the age of retirement specified in the order of appointment issued by the central government is greater than that which is specified in this section, then, notwithstanding anything contained in this section, the term of office or age of retirement or both, as the case may be, of the chairperson or member shall be as specified in the order of appointment subject to a maximum term of office of five years"15amendment of section 18613 section 186 of the finance act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:—20"(2) subject to the provisions of sections 184 and 185, neither the salary and allowances nor the other terms and conditions of service of chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member of the tribunal, appellate tribunal or, as the case may be, other authority may be varied to his disadvantage after his appointment" 14 in the finance act, in the eighth schedule,—(i) items 10, 12, 14 and 15 shall be omitted;amendment of eighth schedule25(ii) for item 16, the following item shall be substituted, namely:—| (1) | (2) | (3) ||----------------------|----------------------------|-----------------------------------|| "16 | national consumer disputes | the consumer protection act, 2019 || redressal commission | (35 of 2019)" | |transitional provisions30 3515 (1) notwithstanding anything contained in any law for the time being in force, any person appointed as the chairperson or chairman or president or presiding officer or vice-chairperson or vice-chairman or vice-president or member of the tribunal, appellate tribunal, or as the case may be, other authority specified in the schedule and holding office as such immediately before the notified date, shall on and from the notified date, cease to hold such office, and he shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of his office or of any contract of service40(2) the officers and other employees of the tribunals, appellate tribunals and otherauthorities specified in the schedule appointed on deputation, before the notified date, shall, on and from the notified date, stand reverted to their parent cadre, ministry or department43 of 196145(3) any appeal, application or proceeding pending before the tribunal, appellatetribunal or other authority specified in the schedule, other than those pending before the authority for advance rulings under the income-tax act, 1961, before the notified date, shall stand transferred to the court before which it would have been filed had this act been in force on the date of filing of such appeal or application or initiation of the proceeding, and the court may proceed to deal with such cases from the stage at which it stood before such transfer, or from any earlier stage, or de novo, as the court may deem fit(4) the balance of all monies received by, or advanced to, the tribunal, appellate tribunal or other authority specified in the schedule and not spent by it before the notified date, shall, on and from the notified date, stand transferred to the central government5(5) all property of whatever kind owned by, or vested in, the tribunal, appellate tribunal or other authority specified in the schedule before the notified date, shall stand transferred to, on and from the notified date, and shall vest in the central governmentpower to remove difficulties1016 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by general or special order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of three years from the notified date(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament the schedule (see section 15)1 appellate tribunal under the cinematograph act, 1952 (37 of 1952) 2 authority for advance rulings under the income-tax act, 1961 (43 of 1961) 3 airport appellate tribunal under the airports authority of india act, 1994(55 of 1994)4 intellectual property appellate board under the trade marks act, 1999 (47 of 1999) 5 plant varieties protection appellate tribunal under the protection of plant varietiesand farmers' rights act, 2001 (53 of 2001) statement of objects and reasonswith a view to streamline tribunals, the tribunals reforms (rationalisation and conditions of service) bill, 2021 is proposed to be enacted to abolish certain tribunals and authorities and to provide a mechanism for filing appeal directly to the commercial court or the high court, as the case may be2 the government of india began the process of rationalisation of tribunals in 2015by the finance act, 2017, seven tribunals were abolished or merged based on functional similarity and their total number was reduced from 26 to 19 the rationale followed in the first phase was to close down tribunals which were not necessary and merge tribunals with similar functions3 in the second phase, analysis of data of the last three years has shown that tribunals in several sectors have not necessarily led to faster justice delivery and they are also at a considerable expense to the exchequer the hon'ble supreme court has deprecated the practice of tribunalisation of justice and filing of appeals directly from tribunals to the supreme court in many of its judgements, including sp sampath kumar versus union of india (1987)1 scc 124, l chandra kumar versus union of india (1997) 3 scc 261, roger mathew versus south indian bank limited (2020) 6 scc 1 and madras bar association versus union of india and another (2020) scc online sc 962 therefore, further streamlining of tribunals is considered necessary as it would save considerable expense to the exchequer and at the same time, lead to speedy delivery of justice accordingly, it is proposed to abolish some more tribunals and transfer the jurisdiction exercised by them to the high court 4 the tribunals that are proposed to be abolished in this phase are of the kind which handle cases in which public at large is not a litigant or those which neither take away any significant workload from high courts which otherwise would have adjudicated such cases nor provide speedy disposal many cases do not achieve finality at the level of tribunals and are litigated further till high courts and supreme court, especially those with significant implications therefore, these tribunals only add to another additional layer of litigation having separate tribunal requires administrative action in terms of filling up of posts and such other matters, and any delay in such action further delays disposal of cases reducing the number of tribunals shall not only be beneficial for the public at large, reduce the burden on public exchequer, but also address the issue of shortage of supporting staff of tribunals and infrastructure5 the tribunals reforms (rationalisation and conditions of service) bill, 2021, inter-alia, seeks to give effect to aforesaid proposal and provide for the following, namely:—(i) abolition of tribunals or authorities under various acts by amending the cinematograph act, 1952, the copyrights act, 1957, the customs act, 1962, the patents act, 1970, the airport authority of india act, 1994, the trade marks act, 1999, the geographical indications of goods (registration and protection) act, 1999, the protection of plant varieties and farmers' rights act, 2001, the control of national highways (land and traffic) act, 2002 and the finance act, 2017;(ii) transfer of all cases pending before such tribunals or authorities to the commercial court or the high court, as the case may be, on the appointed date;(iii) the chairman and members of such tribunals shall cease to hold office and they shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service 6 the bill seeks to achieve the above objectivesnew delhi;nirmala sitharamanthe 11th february, 2021 annexure extracts from the cinematograph act, 1952 (37 of 1952) definitions2 in this act, unless the context otherwise requires,— (h) tribunal means the appellate tribunal constituted under section 5d appeals5c (1) any person applying for a certificate in respect of a film who is aggrieved by any order of the board—(a) refusing to grant a certificate; or (b) granting only an "a" certificate; or (c) granting only a "s" certificate; or (d) granting only a "ua" certificate; or (e) directing the applicant to carry out any excisions or modifications, may, within thirty days from the date of such order, prefer an appeal to the tribunal:provided that the tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filling the appeal within the aforesaid period of thirty days, allow such appeal to be admitted within a further period of thirty days(2) every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fees, not exceeding rupees one thousand, as may be prescribed constitution of appellate tribunal5d (1) for the purpose of hearing appeals against any order of the board under section 5c, the central government shall, by notification in the official gazette, constitute an appellate tribunal(2) the head office of the tribunal shall be at new delhi or at such other place as the central government may, by notification in the official gazette, specify(3) such tribunal shall consist of a chairman and not more than four other members appointed by the central government(4) a person shall not be qualified for appointment as the chairman of the tribunal unless he is a retired judge of a high court, or is a person who is qualified to be a judge of a high court(5) the central government may appoint such persons who, in its opinion, are qualified to judge the effect of films on the public, to be members of the tribunal(6) the chairman of the tribunal shall receive such salary and allowances as may be determined by the central government and the members shall receive such allowances or fees as may be prescribed(7) subject to such rules as may be made in this behalf, the central government may appoint a secretary and such other employees as it may think necessary for the efficient performance of the functions of the tribunal under this act(8) the secretary to, and other employees of, the tribunal shall exercise such powers and perform such duties as may be prescribed after consultation with the chairman of the tribunal(9) the other terms and conditions of service of the chairman and members of, and the secretary to, and other employees of, the tribunal shall be such as may be prescribed(10) subject to the provisions of this act, the tribunal may regulate its own procedure (11) the tribunal may, after making such inquiry into the matter as it considers necessary, and after giving the appellant and the board an opportunity of being heard in the matter, make such order in relation to a film as it thinks fit and the board shall dispose of the matter in conformity with such order7 of 2017qualifications, terms and conditions of service of chairman and member5dd notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairman and other members of the appellate tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:7 of 2017provided that the chairman and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of the act and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into forcerevisonal powers of the central government6 (1) notwithstanding anything contained in this part, the central government may, of its own motion, at any stage, call for the record of any proceeding in relation to any film which is pending before, or has been decided by, the board, or, as the case may be, decided by the tribunal (but not including any proceeding in respect of any matter which is pending before the tribunal) and after such inquiry, into the matter as it considers necessary, make such order in relation thereto as it thinks fit, and the board shall dispose of the matter in conformity with such order:provided that no such order shall be made prejudicially affecting any person applying for a certificate or to whom a certificate has been granted, as the case may be, except after giving him an opportunity for representing his views in the matter:provided further that nothing in this sub-section shall require the central government to disclose any fact which it considers to be against public interest to disclose(2) without prejudice to the powers conferred on it under sub-section (1), the central government may, by notification in the official gazette, direct that—(a) a film which has been granted a certificate shall be deemed to be an uncertified film in the whole or any part of india; or(b) a film which has been granted a "u" certificate or a "ua" certificate or a "s"certificate shall be deemed to be a film in respect of which an "a" certificate has been granted; or(c) the exhibition of any film be suspended for such period as may be specified in the direction:provided that no direction issued under clause (c) shall remain in force for more than two months from the date of the notification(3) no action shall be taken under clause (a) or clause (b) of sub-section (2) except after giving an opportunity to the person concerned for representing his views in the matter(4) during the period in which a film remains suspended under clause (c) of sub-section (2), the film shall be deemed to be an uncertified film power of seizure7a (1) where a film in respect of which no certificate has been granted under this act is exhibited, or a film certified as suitable for public exhibition restricted to adults is exhibited to any person who is not an adult or a film is exhibited in contravention of any of the other provisions contained in this act or of any order made by the central government, the tribunal or the board in the exercise of any of the powers conferred on it, any police officer may, enter any place in which he has reason to believe that the film has been or is being or is likely to be exhibited, search it and seize the film2 of 1974(2) all searches under this act shall be carried out in accordance with the provisions of the code of criminal procedure, 1973, relating to searches7c for the purpose of exercising any of the powers conferred on it by this act, the central government , the tribunal or the board may require any film to be exhibited before it or before any person or authority specified by it in this behalfpower to direct exhibition of films for examination7d no act or proceeding of the tribunal, the board or of any advisory panel shall be deemed to be invalid by reason only of a vacancy in, or any defect in, the constitution of the tribunal, the board or panel, as the case may bevacancies, etc, not to invalidate proceeding45 of 18607e all members of the tribunal, the board and of any advisory panel shall, when acting or purporting to act in pursuance of any of the provisions of this act, be deemed to be public servants within the meaning of section 21 of the indian penal codemembers of the board and advisory panels to be public servants bar of legal proceedings7f no suit or other legal proceeding shall lie against the central government, the tribunal, the board, advisory panel or any officer or member of the central government, the tribunal, the board or advisory panel, as the case may be, in respect of anything which is in good faith done or intended to be done under this act8 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for— (h) the allowances or fees payable to the members of the tribunal; (i) the powers and duties of the secretary to, and other employees of, the tribunal;(j) the other terms and conditions of service of the chairman and members of, and the secretary to, and other employees of, the tribunal;(k) the fees payable by the appellant to the tribunal in respect of an appeal; extracts from the copy right act, 1957 (14 of 1957) interpretation2 in this act, unless the context otherwise requires,— (aa) "appellate board" means the appellate board referred to in section 11; (u) "prescribed" means prescribed by rules made under this act6 if any question arises—(a) whether a work has been published or as to the date on which a work was published for the purposes of chapter v, orcertain disputes to be decided by appellate board(b) whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this act, it shall be referred to the appellate board constituted under section 11 whose decision thereon shall be final:provided that if in the opinion of the appellate board, the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section chapter ii copyright office and a board appellate board47 of 1999 7 of 201711 (1) the appellate board established under section 83 of the trade marks act, 1999 shall, on and from the commencement of part xiv of chapter vi of the finance act, 2017, be the appellate board for the purposes of this act and the said appellate board shall exercise the jurisdiction, powers and authority conferred on it by or under this act12 (1) the appellate board shall, subject to any rules that may be made under this act, have power to regulate its own procedure, including the fixing of places and times of its sittings:powers and procedure of appellate boardprovided that the appellate board shall ordinarily hear any proceeding instituted before it under this act within the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain37 of 1956explanation—in this sub-section "zone" means a zone specified in section 15 of the states reorganisation act, 1956(2) the appellate board may exercise and discharge its powers and functions through benches constituted by the chairman of the appellate board from amongst its members:provided that, if the chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members (5) no member of the appellate board shall take part in any proceedings before the board in respect of any matter in which he has a personal interest(6) no act done or proceeding taken by the appellate board under this act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board2 of 1974 45 of 1860(7) the appellate board shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973 and all proceedings before the board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code| | | | | ||------|------|------|------|-----|disputes with respect to assignment of copyright19a (1) if an assignee fails to make sufficient exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the assignor, then, the appellate board may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment(2) if any dispute arises with respect to the assignment of any copyright, the appellate board may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable:provided that the appellate board shall not pass any order under this sub-section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author:provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the appellate board may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned:provided also that, no order of revocation of assignment under this sub-section, shall be made within a period of five years from the date of such assignment(3) every complaint received under sub-section (2) shall be dealt with by the appellate board as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the appellate board shall record the reasons thereof| | | | | ||------|------|------|------|-----|23 (1) in the case of literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published:term of copyright in anonymous and pseudonymous worksprovided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the author dies(2) in sub-section (1), references to the author shall, in the case of an anonymous work of joint horship, be construed,—(a) where the identity of one of the authors is disclosed, as references to that author;(b) where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors (3) in sub-section (1), references to the author shall, in the case of a pseudonyms work of joint authorship, be construed,—(a) where the names of one or more (but not all) of the authors are pseudonyms and his or their identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references to such of those authors who dies last;(b) where the names of one or more (but not all) of the authors are pseudonyms and the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and(c) where the names of all the authors are pseudonyms and the identity of one of them is disclosed, as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed, as references to such of those authors who dies lastexplanation—for the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the appellate board by that author 31 (1) if at any time during the term of copyright in any work which has been published or performed in public, a complaint is made to the appellate board that the owner of copyright in the work—compulsory licence in works withheld from public(a) has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or(b) has refused to allow communication to the public by broadcast of such work or in the case a sound recording the work recorded in such sound recording, on terms which the complainant considers reasonable, the appellate board, after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the registrar of copyrights to grant to the complainant a licence to republish the work, perform the work in public or communicate the work to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the appellate board may determine; and thereupon the registrar of copyrights shall grant the licence to such person or persons who, in the opinion of the appellate board, is or are qualified to do so in accordance with the directions of the appellate board, on payment of such fee as may be prescribed compulsory licence in unpublished or published works31a (1) where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in india, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the appellate board for a licence to publish or communicate to the public such work or a translation thereof in any language(2) before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper in the english language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language(3) every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be prescribed(4) where an application is made to the appellate board under this section, it may after holding such inquiry as may be prescribed, direct the registrar of copyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the appellate board may determine, and thereupon the registrar of copyrights shall grant the licence to the applicant in accordance with the direction of the appellate board(5) where a licence is granted under this section, the registrar of copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the appellate board in the public account of india or in any other account specified by the appellate board so as to enable the owner of the copyright or, as the case may be, his heirs, executors or the legal representatives to claim such royalty at any time(6) without prejudice to the foregoing provisions of this section, in the case of a work referred to in sub-section (1), if the original author is dead, the central government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it(7) where any work is not published within the period specified by the central government under sub-section (6), the appellate board may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication on payment of such royalty as the appellate board may, in the circumstances of such case, determine in the prescribed manner31b (1) any person working for the benefit of persons with disability on a profit basis or for business may apply to the appellate board, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the appellate board shall dispose of such application within a period of two months from the receipt of the application(2) the appellate board may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith(3) if the appellate board is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the registrar of copyright to grant to the applicant such a licence to publish the work(4) every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty:provided that where the appellate board issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fitstatutory licence for cover versions31c (1) any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this section:provided that such sound recordings shall be in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use(2) the person making the sound recordings shall give prior notice of his intention to make the sound recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by him, at the rate fixed by the appellate board in this behalf:provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which sound recording was incorporated and, further, shall state on the cover that it is a cover version made under this section(3) the person making such sound recordings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recordings:provided that such sound recordings shall not be made until the expiration of five calendar years after the end of the year in which the first sound recordings of the work was made(4) one royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each calendar year in which copies of it are made:provided that the appellate board may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works(5) the person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording:provided that if on a complaint brought before the appellate board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this section, the appellate board is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royaltyexplanation—for the purposes of this section "cover version" means a sound recording made in accordance with this section31d (1) any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this sectionstatutory licence for broadcasting of literary and musical works and sound recording(2) the broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the appellate board(3) the rates of royalties for radio broadcasting shall be different from television broadcasting and the appellate board shall fix separate rates for radio broadcasting and television broadcasting(4) in fixing the manner and the rate of royalty under sub-section (2), the appellate board may require the broadcasting organisation to pay an advance to the owners of rights(5) the names of the authors of the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast(6) no fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights(7) the broadcasting organisation shall—(a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and(b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed27 of 2012(8) nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the copyright (amendment) act, 2012 32 (1) any person may apply to the appellate board for a licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the worklicence to produce and published translations(1a) notwithstanding anything contained in sub-section (1), any person may apply to the appellate board for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dramatic work, other than an indian work, in any language in general use in india after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research:provided that where such translation is in a language not in general use in any developed country, such application may be made after a period of one year from such publication(2) every application under this section shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the translation of the work(3) every applicant for a licence under this section shall, along with his application, deposit with the registrar of copyrights such fee as may be prescribed(4) where an application is made to the appellate board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a translation of the work in the language mentioned in the application—(i) subject to the condition that the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the translation of the work sold to the public, calculated at such rate as the appellate board may, in the circumstances of each case, determine in the prescribed manner; and(ii) where such licence is granted on an application under sub-section (1a), subject also to the condition that the licence shall not extend to the export of copies of the translation of the work outside india and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in india:provided that nothing in clause (ii) shall apply to the export by government or any authority under the government of copies of such translation in a language other than english, french or spanish or to any country if—(1) such copies are sent to citizens of india residing outside india or to any association of such citizens outside india; or(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and(3) in either case, the permission for such export has been given by the government of that country:provided further that no licence under this section shall be granted, unless—(a) a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him, within seven years or three years or one year, as the case may be, of the first publication of the work, or if a translation has been so published, it has been out of print;(b) the applicant has proved to the satisfaction of the appellate board that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that he was, after due diligence on his part, unable to find the owner of the copyright;(c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air mail post to the publisher whose name appears from the work, and in the case of an application for a licence under sub-section (1), not less than two months before such application;(cc) a period of six months in the case of an application under sub-section (1a) (not being an application under the proviso thereto), or nine months in the case of an application under the proviso to that subsection, has elapsed from the date of making the request under clause (b)of this proviso or where a copy of the request has been sent under clause (c) of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or nine months, as the case may be;(ccc) in the case of any application made under sub-section (1a)—(i) the name of the author and the title of the particular edition of the work proposed to be translated are printed on all the copies of the translation;(ii) if the work is composed mainly of illustrations, the provisions of section 32a are also complied with; (d) the appellate board is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section;(e) the author has not withdrawn from circulation copies of the work; and(f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work (4) any broadcasting authority may apply to the appellate board for a licence to produce and publish the translation of—(a) a work referred to in sub-section (1a) and published in printed or analogous forms of reproduction; or(b) any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activities, for broadcasting such translation for the purposes of teaching or for the dissemination of the results of specialised, technical or scientific research to the experts in any particular field(5) the provisions of sub-sections (2) to (4) in so far as they are relatable to an application under sub-section (1a), shall, with the necessary modifications, apply to the grant of a licence under sub-section (5) and such licence shall not also be granted unless—(a) the translation is made from a work lawfully acquired; (b) the broadcast is made through the medium of sound and visual recordings;(c) such recording has been lawfully and exclusively made for the purpose of broadcasting in india by the applicant or by other broadcasting agency; and(d) the translation and the broadcasting of such translation are not used for any commercial purposesexplanation—for the purposes of this section,—(a) "developed country" means a country which is not a developing country;(b) "developing country" means a country which is for the time being regarded as such in conformity with the practice of the general assembly of the united nations;(c) "purposes of research" does not include purposes of industrial research, or purposes of research by bodies corporate (not being bodies corporate owned or controlled by government) or other association or body of persons for commercial purposes;(d) "purposes of teaching, research or scholarship"includes—(i) purposes of instructional activity at all levels in educational, institutions, including schools, colleges, universities and tutorial institutions; and(ii) purposes of all other types of organised educational activity32a (1) where, after the expiration of the relevant period from the date of the first publication of an edition of a literary, scientific or artistic work,—(a) the copies of such edition are not made available in india; or licence to reproduce and publish works for certain purposes(b) such copies have not been put on sale in india for a period of six months, to the public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in india for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf, any person may apply to the appellate board for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities(2) every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced(3) every applicant for a licence under this section shall, along with his application, deposit with the registrar of copyrights such fee as may be prescribed(4) where an application is made to the appellate board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a reproduction of the work mentioned in the application subject to the conditions that,—(i) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the reproduction of the work sold to the public, calculated at such rate as the appellate board may, in the circumstances of each case, determine in the prescribed manner;(ii) a licence granted under this section shall not extend to the export of copies of the reproduction of the work outside india and every copy of such reproduction shall contain a notice that the copy is available for distribution only in india:provided that no such licence shall be granted unless—(a) the applicant has proved to the satisfaction of the appellate board that he had requested and had been denied authorisation by the owner of the copyright in the work to reproduce and publish such work or that he was, after due diligence on his part, unable to find such owner;(b) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air-mail post to the publisher whose name appears from the work not less than three months before the application for the licence;(c) the appellate board is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay the owner of the copyright the royalties payable to him under this section;(d) the applicant undertakes to reproduce and publish the work at such price as may be fixed by the appellate board, being a price reasonably related to the price normally charged in india for works of the same standard on the same or similar subjects;(e) a period of six months in the case of an application for the reproduction and publication of any work of natural science, physical science, mathematics or technology, or a period of three months in the case of an application for the reproduction and publication of any other work, has elapsed from the date of making the request under clause (a), or where a copy of the request has been sent under clause (b), from the date of sending of a copy, and a reproduction of the work has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or, three months, as the case may be;(f) the name of the author and the title of the particular edition of the work proposed to be reproduced are printed on all the copies of the reproduction;(g) the author has not withdrawn from circulation copies of the work; and (h) an opportunity of being heard is given, wherever practicable, to theowner of the copyright in the work(5) no licence to reproduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owner of the right of translation or any person authorised by him and the translation is not in a language in general use in india(6) the provisions of this section shall also apply to the reproduction and publication, or translation into a language in general use in india, of any text incorporated in audiovisual fixations prepared and published solely for the purpose of systematic instructional activitiesexplanation—for the purpose of this section, "relevant period", in relation to any work, means a period of—(a) seven years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art;(b) three years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, natural science, physical science, mathematics or technology; and(c) five years from the date of the first publication of that work, in any other case 33a (1) every copyright society shall publish its tariff scheme in such manner as may be prescribedtariff scheme by copyright societies(2) any person who is aggrieved by the tariff scheme may appeal to the appellate board and the board may, it satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein:provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the appellate board and shall continue to pay such fee until the appeal is decided, and the board shall not issue any order staying the collection of such fee pending disposal of the appeal:provided further that the appellate board may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment according pending disposal of the appeal 50 the appellate board, on application of the registrar of copyrights or of any person aggrieved, shall order the rectification of the register of copyrights by—rectification of register by appellate board(a) the making of any entry wrongly omitted to be made in the register, or (b) the expunging of any entry wrongly made in, or remaining on, the register, or (c) the correction of any error or defect in the register resale share right in original copies53a (1) in the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section:provided that such right shall cease to exist on the expiration of the term of copyright in the work(2) the share referred to in sub-section (1) shall be such as the appellate board may fix and the decision of the appellate board in this behalf shall be final:provided that the appellate board may fix different shares for different classes of work:provided further that in no case shall the share exceed ten percent, of the resale price(3) if any dispute arises regarding the right conferred by this section, it shall be referred to the appellate board whose decision shall be final chapter xii civil remediesdefinition54 for the purposes of this chapter, unless the context otherwise requires, the expression "owner of copyright" shall include—(a) an exclusive licensee; (b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise establishment to the satisfaction of the appellate board by that author or his legal representatives 72 (1) any person aggrieved by any final decision or order of the registrar of copyrights may, within three months from the date of the order or decision, appeal to the appellate boardappeals against orders of registrar of copyrights and appellate board(2) any person aggrieved by any final decision or order of the appellate board, not being a decision or order made in an appeal under sub-section (1), may, within three months from the date of such decision or order, appeal to the high court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain:provided that no such appeal shall lie against a decision of the appellate board under section 6(3) in calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded chapter xv miscellaneous5 of 190874 the registrar of copyrights and the appellate board shall have the powers of a civil court when trying a suit under the code of civil procedure, 1908, in respect of the following matters, namely, —(a) summoning and enforcing the attendance of any person and examining him on oath;registrar of copyrights and appellate board to possess certain powers of civil courts(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits;(d) issuing commissions for the examination of witnesses or documents; (e) requisitioning any public record or copy thereof from any court or office; (f) any other matter which may be prescribedexplanation—for the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the registrar of copyrights or the appellate board, as the case may be, shall be the limits of the territory of india75 every order made by the registrar of copyrights or the appellate board under this act for the payment of any money or by the high court in any appeal against any such order of the appellate board shall, on a certificate issued by the registrar of copyrights, the appellate board or the registrar of the high court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court| | | | | ||---------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------|------|------|-----|| orders for | | | | || payment of | | | | || money passed | | | | || by registrar of | | | | || copyrights | | | | || and appellate | | | | || board to be | | | | || executable as a | | | | || decree | | | | || 45 of 1860 | | | | || certain | | | | || persons to be | | | | || public servants | | | | || 77 | every officer appointed under this act and every member of the appellate board | | | || shall be deemed to be a public servant within the meaning of section 21 of the indian penal | | | | || code | | | | || 78 | ( | 1 | ) | || power to | | | | || make rules | | | | |(2) in particular, and without prejudice to the generality of the foregoing power, the central government may make rules to provide for all or any of the following matters, namely:—| | | | | ||------|------|------|------|-----|(ca) the form and manner in which an organisation may apply to the appellate board for compulsory licence for disabled and the fee which may accompany such application under sub-section 31b;| | | | | ||------|------|------|------|-----|(ccb) the fee which is to be paid before filing an appeal to the appellate board under sub-section (2) of section 33a;| | | | | ||------|------|------|------|-----|(f) the matters in respect of which the registrar of copyrights and the appellate board shall have powers of a civil court;| | | | | | | | ||--------------|----|----|------|------|------|------|-----|| 79 | ( | 1 | ) | | | | || repeals, | | | | | | | || savings and | | | | | | | || transitional | | | | | | | || provisions | | | | | | | |(2) where any person has, before the commencement of this act, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the coming into force of this act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who, by virtue of this act, becomes entitled to restrain such reproduction or performance, agrees to pay such compensation as, failing agreement, may be determined by the appellate board ———— extracts from the customs act, 1962(52 of 1962) chapter vb advance rulingsdefinitions28e in this chapter, unless the context otherwise requires,— 43 of 1961(ba) appellate authority means the authority for advance rulings constituted under section 245-o of the income-tax act, 1961;| | | | | ||------|------|------|------|-----|(f) chairperson means the chairperson of the appellate authority; (g) member means a member of the appellate authority and includes the chairperson; and| | | | | ||------|------|------|------|-----|28ea (1) the board may, for the purposes of giving advance rulings under this act, by notification, appoint an officer of the rank of principal commissioner of customs or commissioner of customs to function as a customs authority for advance rulings:customs authority for advance rulings43 of 1961provided that till the date of appointment of the customs authority for advance rulings, the existing authority for advance rulings constituted under section 245-o of the income-tax act, 1961 shall continue to be the authority for giving advance rulings for the purposes of this act| ||---------------|| 43 of 1961 || authority for || advance || rulings |28f (1) subject to the provisions of this act, the authority for advance rulings constituted under section 245-o of the income-tax act, 1961 shall be appellate authority for deciding appeal under this chapter and the said appellate authority shall exercise the jurisdiction, powers and authority conferred on it by or under this act:provided that the member from the indian revenue service (customs and central excise), who is qualified to be a member of the board, shall be the revenue member of the appellate authority for the purposes of this act| | | | ||------------------------------------------------------------------------------------------------|------|------|------------------------------------------------------------------------------|| appeal | | | || 28ka | ( | 1 | ) any officer authorised by the board, by notification, or the applicant may || file an appeal to the appellate authority against any ruling or order passed by the authority, | | | || within sixty days from the date of the communication of such ruling or order, in such form | | | || and manner as may be prescribed: | | | |provided that where the appellate authority is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the period so specified, it may allow a further period of thirty days for filing such appeal(2) the provisions of sections 28-i and 28j shall, mutatis mutandis, apply to the appeal under this sectionpowers of authority or appellate authority28l (1) the authority or appellate authority shall, for the purpose of exercisingits powers regarding discovery and inspection, enforcing the attendance of any person and examining him on oath, issuing commissions and compelling production of books of account and other records, have all the powers of a civil court under the code of civil procedure, 19085 of 1908 2 of 1974(2) the authority or appellate authority shall be deemed to be a civil court for thepurposes of section 195, but not for the purposes of chapter xxvi of the code of criminal procedure, 1973, and every proceeding before the authority or appellate authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code45 of 186028m (1) the authority shall follow such procedure as may be prescribedprocedure for authority and appellate authority(2) the appellate authority shall, subject to the provisions of this chapter, havepower to regulate its own procedure in all matters arising out of the exercise of its powers and authority under this act definitions and interpretationgrant of patent to true and first inventor where it has been obtained by another in fraud of him amendment of specification before appellate board or high courtextracts from the patents act, 1970(39 of 1970) 2 (1) in this act, unless the context otherwise requires,—(a) "appellate board" means the appellate board referred to in section 116; (u) "prescribed" means,—(a) in relation to proceedings before a high court, prescribed by rules made by the high court;(b) in relation to proceedings before the appellate board, prescribed by rules made by the appellate board; and 52 (1) where the patent has been revoked under section 64 on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the appellate board or court, instead of revoking the patent, directs the complete specification to be amended by the exclusion of a claim or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the appellate board or court may, by order passed in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention which the appellate board or court finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked or is excluded by amendment(2) where any such order is passed, the controller shall, on request by the petitioner made in the prescribed manner grant to him:—(i) in cases where the appellate board or court permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked;(ii) in cases where the appellate board or court permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as may be prescribed:provided that the controller may, as a condition of such grant, require the petitioner to file a new and complete specification to the satisfaction of the controller describing and claiming that part of the invention for which the patent is to be granted 58 (1) in any proceeding before the appellate board or the high court for the revocation of a patent, the appellate board or the high court, as the case may be, may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the appellate board or the high court may think fit, and if in any proceedings for revocation the appellate board or the high court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent(2) where an application for an order under this section is made to the appellate board or the high court, the applicant shall give notice of the application to the controller, and the controller shall be entitled to appear and be heard, and shall appear if so directed by the appellate board or the high court(3) copies of all orders of the appellate board or the high court allowing the patentee to amend the specification shall be transmitted by the appellate board or the high court to the controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register59 (1) (2) where after the date of grant of patent any amendment of the specification or any other documents related thereto is allowed by the controller or by the appellate board or the high court, as the case may be,—supplementary provisions as to amendment of application or specification(a) the amendment shall for all purposes be deemed to form part of the specification along with other documents related thereto;(b) the fact that the specification or any other documents related thereto has been amended shall be published as expeditiously as possible; and(c) the right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud; revocation of power patents64 (1) subject to the provisions contained in this act, a patent whether granted before or after the commencement of this act, may, be revoked on a petition of any person interested or of the central government by the appellate board or on a counter-claim in a suit for infringement of the patent by the high court on any of the following grounds, that is to say— 71 (1) the appellate board may, on the application of any person aggrieved—(a) by the absence or omission from the register of any entry; or rectification of register by appellate board(b) by any entry made in the register without sufficient cause; or (c) by any entry wrongly remaining on the register; or (d) by any error or defect in any entry in the register, make such order for the making, variation or deletion, of any entry therein as it may think fit(2) in any proceeding under this section the appellate board may decide any question that may be necessary or expedient to decide in connection with the rectification of the register(3) notice of any application to the appellate board under this section shall be given in the prescribed manner to the controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the board(4) any order of the appellate board under this section rectifying the register shall direct that notice of the rectification shall be served upon the controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly 76 an officer or employee in the patent office shall not, except when required or authorised by this act or under a direction in writing of the central government or appellate board or the controller or by order of a court,—officers and employees not to furnish information, etc(a) furnish information on a matter which is being, or has been, or dealt with under this act;(b) prepare or assist in the preparation of a document required or permitted by or under this act to be lodged in the patent office; or(c) conduct a search in the records of the patent office 113 (1) if in any proceedings before the appellate board or a high court for the revocation of a patent under section 64 and section 104, as the case may be, the validity of any claim of a specification is contested and that claim is found by the appellate board or the high court to be valid, the appellate board or the high court may certify that the validity of that claim was contested in those proceedings and was upheld certificate of validity of specification and costs of subsequent suits for infringement thereof(3) nothing contained in this section shall be construed as authorising the courts or the appellate board hearing appeals from decrees or orders in suits for infringement or petitions for revocation, as the case may be, to pass orders for costs on the scale referred to therein appellate board47 of 1999staff of appellate board appeals to appellate board47 of 1999procedure and powers of appellate board bar of jurisdiction of courts, etc procedure for application for rectification, etc, before appellate board appearance of controller in legal proceedingschapter xixappeals to the appellate board116 (1) subject to the provisions of this act, the appellate board established under section 83 of the trade marks act, 1999 shall be the appellate board for the purposes of this act and the said appellate board shall exercise the jurisdiction, power and authority conferred on it by or under this act:provided that the technical member of the appellate board for the purposes of this act shall have the qualifications specified in sub-section (2)(2) a person shall not be qualified for appointment as a technical member for the purposes of this act unless he—(a) has, at least five years, held the post of controller under this act or has exercised the functions of the controller under this act for at least five years; or(b) has been for at least ten years, functioned as a registered patent agent and possesses a degree in engineering or technology or a masters degree in science from any university established under law for the time being in force or equivalent 117 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the appellate board in the discharge of its functions under this act and provide the appellate board 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 appellate board shall be such as may be prescribed(3) the officers and other employees of the appellate board shall discharge their functions under the general superintendence of the chairman of the appellate board in the manner as may be prescribed117a (1) (2) an appeal shall lie to the appellate board from any decision, order or direction of the controller of central government under section 15, section 16, section 17, section 18, section 19, section 20, sub-section (4) of section 25, section 28, section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section92 and section 94 (4) every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the controller or the central government or within such further time as the appellate board may, in accordance with the rules made by it, allow117b the provisions of sub-sections (2) to (6) of section 84, section 87, section 92, section 95 and section 96 of the trade marks act, 1999, shall apply to the appellate board in the discharge of its functions under this act as they apply to it in the discharge of its functions under the trade marks act, 1999117c no court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (2) of section 117aor section 117d117d (1) an application for revocation of a patent before the appellate board under section 64 and an application for rectification of the register made to the appellate board under section 71 shall be in such form as may be prescribed(2) a certified copy of every order or judgment of the appellate board relating to a patent under this act shall be communicated to the controller by the board and the controller shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order117e (1) the controller shall have the right to appear and be heard—(a) in any legal proceedings before the appellate board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised;(b) in any appeal to the appellate board from an order of the controller on an application for grant of a patent—(i) which is not opposed, and the application is either refused by the controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or(ii) which has been opposed and the controller considers that his appearance is necessary in the public interest, and the controller shall appear in any case if so directed by the appellate board(2) unless the appellate board otherwise directs, the controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the controller may deem it necessary, and such statement shall be evidence in the proceeding117f in all proceedings under this act before the appellate board, the costs of the controller shall be in the discretion of the board, but the controller shall not be ordered to pay the costs of any of the partiescosts of controller in proceedings before appellate board transfer of pending proceedings to appellate board117g all cases of appeals against any order or decision of the controller and all cases pertaining to revocation of patent other than on a counter-claim in a suit for infringement and rectification of register pending before any high court, shall be transferred to the appellate board from such date as may be notified by the central government in the official gazette and the appellate board may proceed with the matter either de novo or from the stage it was so transferred117h the appellate board may make rules consistent with this act as to the conduct and procedure in respect of all proceedings before it under this actpower of appellate board to make rules transmission of orders of courts to controller151 (1) every order of the high court or the appellate board on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by the high court or the appellate board to the controller who shall cause an entry thereof and reference thereto to be made in the register (3) the provisions of sub-sections (1) and (2) shall also apply to the court to which appeals are preferred against decisions of the appellate board or the courts, as the case may be, referred to in those sub-sections 159 (1) power of central government to make rules(2) without prejudice to the generality of the foregoing power, the central government may make rules to provide for all or any of the following matters, namely:— (xiia) the salaries and allowances and other conditions of service of the officers and other employees of the appellate board under sub-section (2) and the manner in which the officers and other employees of the appellate board shall discharge their functions under sub-section (3) of section 117;(xiib) the form of making an appeal, manner of verification and the fees payable under sub-section (3) of section 117a;(xiic) the form in which, and the particulars to be included in, the application to the appellate board under sub-section (1) of section 117d; extracts from the air port authority of india act, 1994 ( 55 of 1994)28a in this chapter, unless the context otherwise requires,—definitions (e) "tribunal" means the airport appellate tribunal established under subsection (1) of section 28-i; disposal of property left on airport premises by unauthorised occupants28e (1) where any persons have been evicted from any airport premises under section 28d, the eviction officer may, after giving ten days notice to the persons from whom possession of the airport premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises(2) where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the central government or the corporate authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the eviction officer to be entitled to the same:provided that where the eviction officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the tribunal and the decision of the tribunal thereon shall be final establishment of tribunal28-i (1) the central government shall, by notification in the official gazette, establish a tribunal, to be known as the airport appellate tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this act and the control of national highways (land and traffic) act, 200213 of 2002(2) the tribunal shall consist of a chairperson (hereinafter referred to in this act, as the chairperson of the tribunal)(3) the head office of the tribunal shall be at new delhi: provided that the tribunal may hold its sittings at other places as the chairperson of the tribunal may decide, from time to time, having taken into consideration the convenience to decide the appeals before the tribunal(4) the chairperson of the tribunal shall be appointed by the central government after consultation with the chief justice of india(5) a person shall not be qualified for appointment as chairperson of the tribunal unless he is, or has been, or is qualified to be, a judge of a high court(6) the chairperson of the tribunal shall hold office as such for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier(7) the salaries and allowances payable to, and other terms and conditions of service of, the chairperson of the tribunal shall be such as may be prescribed:provided that neither the salary and allowances nor other terms and conditions of service of the chairperson of the tribunal shall be varied to his disadvantage after his appointmentresignation and removal28j (1) the chairperson of the tribunal may, by notice in writing under his hand addressed to the central government, resign his office:provided that the chairperson of the tribunal shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest(2) the chairperson of the tribunal shall not be removed from his office except by an order made by the central government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court in which such chairperson had been informed of the charges against him and given 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 chairperson of the tribunalqualifications, terms and conditions of service of chairperson7 of 201728ja notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson of the tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:7 of 2017provided that the chairperson appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into forceappeals to tribunal28k (1) any person aggrieved by an order of the eviction officer under this chaptermay, within fifteen days from the date of such order, prefer an appeal to the tribunal in such form as may be prescribed:provided that the tribunal may entertain any appeal after the expiry of the said period of fifteen days, but not after the period of thirty days from the date aforesaid, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time(2) on receipt of an appeal under sub-section (1), the tribunal shall, after giving the appellant and the eviction officer an opportunity of being heard, pass such order as it thinks fit(3) the tribunal shall dispose of the appeal within thirty days from the date of filing the appeal:provided that the tribunal may, for reasons to be recorded in writing, dispose of the appeal within a further period of fifteen days(4) an order of the tribunal passed under sub-section (2) shall be executable as a decree of a civil court and for executing the same the tribunal shall send a copy thereof to the civil court having jurisdiction which shall execute the same, as expeditiously as may be possible, as if such order is a decree passed by that court(5) on and from the date from which any jurisdiction, powers and authority becomes exercisable under this chapter by the tribunal in relation to any matter, no court (except the supreme court under article 136 and the high court under articles 226 and 227 of the constitution shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such matterprocedure and powers of tribunal5 of 190828l (1) the tribunal shall not be bound by the procedure laid down in the code of civil procedure, 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 private5 of 1908(2) the tribunal shall have, for the purpose of discharging its functions under this chapter, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents; (c) any other matter which may be prescribed45 of 1860 2 of 1974(3) any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code and the tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973finality of orders28m subject to the provisions of this act, every order made by an eviction officer or the tribunal under this chapter shall be final and shall not be called in question in any suit, application, execution or other proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or intended to be taken in pursuance of any power conferred by or under this chapter28n (1) whoever, unlawfully occupies any airport premises, shall be punishable with imprisonment for a term which may extend to six years and with fineoffences under this chapter(2) whoever fails to comply with any order of the eviction officer or the tribunal under this chapter shall be punishable with imprisonment for a term which may extend to seven years and with fine(3) if any person who has been evicted from any airport premises under this chapter again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to ten years and with fine(4) the court may, while convicting a person under sub-section (3), make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken under this chapter protection of action taken in good faith33 no suit, prosecution or other legal proceeding shall lie against the authority or any member or any officer or other employee of the authority or the chairperson of the tribunal for anything which is in good faith done or intended to be done in pursuance of this act or of any rule or regulation made thereunder or for any damage sustained by any aircraft or vehicle in consequence of any defect in any of the airports, civil enclaves, heliports, airstrips, aeronautical communication stations or other things belonging to or under the control of the authority 41 (1) power to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for— (gvi) the salaries and allowances payable to, and other terms and conditions of service of, the chairperson of the tribunal under sub-section (7) of section 28-i;(gvii) the procedure for the investigation of misbehaviour or incapacity of the chairperson of the tribunal under sub-section (3) of section 28j;(gviii) the form of appeal under sub-section (1) of section 28k; (gix) any other matter under clause (c) of sub-section (2) of section 28l; extracts from amendments of the trade marks act, 1999 (47 of 1999) 2 (1) in this act, unless the context otherwise requires,—definitions and interpretation(a) "appellate board" means the appellate board established under section 83; (d) "bench" means a bench of the appellate board; (f) "chairperson" means the chairperson of the appellate board; (k) "judicial member" means a member of the appellate board appointed as such under this act, and includes the chairperson and the vice-chairperson; (n) "member" means a judicial member or a technical member of the appellate board and includes the chairperson and the vice-chairperson; (s) "prescribed" means prescribed by rules made under this act; (ze) "tribunal" means the registrar or, as the case may be, the appellate board, before which the proceeding concerned is pending;(zf) "vice-chairperson" means a vice-chairperson of the appellate board;limitation as to colour10 (1) a trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark(2) so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours 26 where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the removal, be deemed to be a trade mark already on the register, unless the tribunal is satisfied either—effect of removal from register for failure to pay fee for renewal(a) that there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal; or(b) that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed 46 (1) proposed use of trade mark by company to be formed, etc(3) the tribunal may, in a case to which sub-section (1) applies, require the applicant to give security for the costs of any proceedings relating to any opposition or appeal, and in default of such security being duly given, may treat the application as abandoned 47 (1) a registered trade mark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the prescribed manner to the registrar or the appellate board by any person aggrieved on the ground either—(a) removal from register and imposition of limitations on ground of non-use(b) provided that except where the applicant has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of the goods or services in question, or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark, the tribunal may refuse an application under clause (a) or clause (b) in relation to any goods or services, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to—(i) goods or services of the same description; or (ii) goods or services associated with those goods or services of that description being goods or services, as the case may be, in respect of which the trade mark is registered (2) where in relation to any goods or services in respect of which a trade mark is registered—(a) (b) a person has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of those goods, under a registration extending to use in relation to goods to be so sold, or otherwise traded in, or in relation to goods to be so exported, or in relation to services for use or available for acceptance in that place or for use in that country, or the tribunal is of opinion that he might properly be permitted so to register such a trade mark, on application by that person in the prescribed manner to the appellate board or to the registrar, the tribunal may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that that registration shall cease to extend to such use [10] m c55 (1) where under the provisions of this act, use of a registered trade mark is required to be proved for any purpose, the tribunal may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations no substantially affecting its identity, as an equivalent for the use required to be proveduse of one of associated or substantially identical trade marks equivalent to use of another chapter vii rectification and correction of the register57 (1) on application made in the prescribed manner to the appellate board or to the registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation theretopower to cancel or vary registration and to rectify the register(2) any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the appellate board or to the registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit(3) the tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register(4) the tribunal, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub section (2)(5) any order of the appellate board rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly [10] m c gonzalez-garcia, m c gonzalez-garcia, m71 (1) applications for registeration of certification trade marks(3) in dealing under the said provisions with an application under this section, the tribunal shall have regard to the like considerations, so far as relevant, as if the application were applications under section 18 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark chapter xi appellate boardestablishment of appellate board47 of 195783 the central government shall, by notification in the official gazette, establish an appellate board to be known as the intellectual property appellate board to exercise the jurisdiction, powers and authority conferred on it by or under this act and under the copyright act, 1957composition of appellate board84 (1) the appellate board shall consist of a chairperson, vice-chairperson and such number of other members, as the central government may deem fit and, subject to the other provisions of this act, the jurisdiction, powers and authority of the appellate board may be exercised by benches thereof(2) subject to the other provisions of this act, a bench shall consist of one judicial member and one technical member and shall sit at such place as the central government may, by notification in the official gazette, specify(3) notwithstanding anything contained in sub-section (2), the chairperson—(a) may, in addition to discharging the functions of the judicial member or technical member of the bench to which he is appointed, discharge the functions of the judicial member or, as the case may be, the technical member, of any other bench;(b) may transfer a member from one bench to another bench; (c) may authorise the vice-chairperson, the judicial member or the technical member appointed to one bench to discharge also the functions of the judicial member or the technical member, as the case may be, of another bench (4) where any benches are constituted, the central government may, from time to time, by notification, make provisions as to the distribution of the business of the appellate board amongst the benches and specify the matters which may be dealt with by each bench(5) if any question arises as to whether any matter falls within the purview of the business allocated to a bench, the decision of the chairperson shall be finalexplanation—for the removal of doubts, it is hereby declared that the expression matter includes an appeal under section 91(6) if the members of a bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it85 (1) a person shall not be qualified for appointment as the chairperson unless he—(a) is, or has been, a judge of a high court; or (b) has, for at least two years, held the office of a vice-chairpersonqualifications for appointment as chairperson, vice- chairperson, or other members(2) a person shall not be qualified for appointment as the vice-chairperson, unless he—(a) has, for at least two years, held the office of a judicial member or a technical member; or(b) has been a member of the indian legal service and has held a post in grade i of that service or any higher post for at least five years (3) a person shall not be qualified for appointment as a judicial member, unless he—(a) has been a member of the indian legal service and has held the post in grade i of that service for at least three years; or(b) has, for at least ten years, held a civil judicial office(4) a person shall not be qualified for appointment as a technical member, unless he—43 of 1958(a) has, for at least ten years, exercised functions of a tribunal under this act or under the trade and merchandise marks act, 1958, or both, and has held a post not lower than the post of a joint registrar for at least five years; or(b) has, for at least ten years, been an advocate of a proven specialised experience in trade mark law (5) subject to the provisions of sub-section (6), the chairperson, vice-chairperson and every other member shall be appointed by the president of india(6) no appointment of a person as the chairperson shall be made except after consultation with the chief justice of india86 the chairperson, vice-chairperson or other members shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains,—(a) in the case of chairperson and vice-chairperson, the age of sixty-five years;andterm of office of chairperson, vice- chairperson and other members(b) in the case of a member, the age of sixty-two years, whichever is earlier87 (1) in the event of or any vacancy in the office of the chairperson by reasons of his death, resignation or otherwise, the vice-chairperson and in his absence the senior-most member shall act as chairperson until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his officevice- chairperson or senior-most member to act as chairperson or discharge his functions in certain circumstances(2) when the chairperson is unable to discharge his functions owing to his absence, illness or any other cause, the vice-chairperson and in his absence the senior-most member shall discharge the functions of the chairperson until the date on which the chairperson resumes his duty88 (1) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits), of the chairperson, vice-chairperson and other members shall be such as may be prescribed(2) notwithstanding anything contained in sub-section (1), a person who, immediately before the date of assuming office as the chairperson, vice-chairperson or other member was in service of government, shall be deemed to have retired from service on the date on which he enters upon office as the chairperson, vice-chairperson or other membersalaries, allowances and other terms and conditions of service of chairperson, vice- chairperson and other members resignation and removal89 (1) the chairperson, vice-chairperson or any other member may, by notice in writing under his hand addressed to the president of india, resign his office:provided that the chairperson, vice-chairperson 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 earlier(2) the chairperson, vice-chairperson 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 the chairperson, vice-chairperson 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 chairperson, vice-chairperson or other member referred to in sub-section (2)7 of 201789a notwithstanding anything in this act, the qualifications, appointment, term of office, salaries and allowances, resignations, removal and other terms and conditions of service of the chairperson, vice-chairperson and other members of the appellate board appointed after the commencement of part xiv of chapter vi of the finance act 2017, shall be governed by the provisions of section 184 of that act:qualifications, terms and conditions of service of chairperson, vice- chairperson and member7 of 2017provided that the chairperson, vice-chairperson and other members appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017, had not come into forcestaff of appellate board90 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the appellate board in the discharge of its functions and provide the appellate board 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 appellate board shall be such as may be prescribed(3) the officers and other employees of the appellate board shall discharge their functions under the general superintendence of the chairperson in the manner as may be prescribedappeals to appellate board91 (1) any person aggrieved by an order or decision of the registrar under this act, or the rules made thereunder may prefer an appeal to the appellate board within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal(2) no appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1):provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the appellate board that he had sufficient cause for not preferring the appeal within the specified period(3) an appeal to the appellate board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed5 of 1908procedure and powers of appellate board92 (1) the appellate board shall not be bound by the procedure laid down in thecode of civil procedure, 1908, but shall be guided by principles of natural justice and subject to the provisions of this act and the rules made thereunder, the appellate board shall have powers to regulate its own procedure including the fixing of places and times of its hearing5 of 1908(2) the appellate board shall have, for the purpose of discharging its functionsunder this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit in respect of the following matters, namely:—(a) receiving evidence; (b) issuing commissions for examination of witnesses; (c) requisitioning any public record; and (d) any other matter which may be prescribed45 of 1860(3) any proceeding before the appellate board shall be deemed to be a judicialproceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code, and the appellate board shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 19732 of 197493 no court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (1) of section 91bar of jurisdiction of courts, etc94 on ceasing to hold office, the chairperson, vice-chairperson or other membersshall not appear before the appellate board or the registrarbar to appear before appellate boardconditions as to making of interim orders95 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 any other manner) shall be made on, or in any proceedings relating to, an appeal unless—| ( ||---------------------------------------------------------------------------------------|| interim order are furnished to the party against whom such appeal is made or proposed || to be made; and |(b) opportunity is given to such party to be heard in the matter96 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 benchpower of chairperson to transfer cases from one bench to another97 (1) an application for rectification of the register made to the appellate board under section 57 shall be in such form as may be prescribedprocedure for application for rectification, etc, before appellate board(2) a certified copy of every order or judgment of the appellate board relating to a registered trade mark under this act shall be communicated to the registrar by the board and the registrar shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order98 (1) the registrar shall have the right to appear and be heard—appearance of registrar in legal proceedings(a) in any legal proceedings before the appellate board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the trade marks registry is raised;(b) (2) unless the appellate board otherwise directs, the registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the trade marks registry in like cases, or of other matters relevant to the issues and within his knowledge as registrar, and such statement shall be evidence in the proceeding99 in all proceedings under this act before the appellate board the costs of the registrar shall be in the discretion of the board, but the registrar shall not be ordered to pay the costs of any of the partiescosts of registrar in proceedings before appellate board transfer of pending proceedings to appellate board100 all cases of appeals against any order or decision of the registrar and all cases pertaining to rectification of register, pending before any high court, shall be transferred to the appellate board from the date as notified by the central government in the official gazette and the appellate board may proceed with the matter either de novo or from the stage it was so transferred [10] m c113 (1) where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:—procedure where invalidity of registration is pleaded by the accused(a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the appellate board under this act, for the rectification of the register on the ground that the registration is invalid(b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification(c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the appellate board for rectification of the register, the court shall proceed with the case as if the registration were valid (2) where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the tribunal, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his mark certain persons to be public servants45 of 1860123 every person appointed under this act and every member of the appellate board shall be deemed to be a public servant within the meaning of section 21 of the indian penal code124 (1) where in any suit for infringement of a trade mark—(a) the defendant pleads that registration of the plaintiff's trade mark is invalid;or(b) the defendant raises a defence under clause (e) of sub-section (2) of section stay of proceedings where the validity of registration of the trade mark is questioned, etc30 and the plaintiff pleads the invalidity of registration of the defendant's trade mark, the court trying the suit (hereinafter referred to as the court), shall,—(i) if any proceedings for rectification of the register in relation to the plaintiff's or defendant's trade mark are pending before the registrar or the appellate board, stay the suit pending the final disposal of such proceedings;(ii) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plaintiff's or defendant's trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the appellate board for rectification of the registerapplication for rectification of register to be made to appellate board in certain cases125 (1) where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff's trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff questions the validity of the registration of the defendant's trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47 or section 57, such application shall be made to the appellate board and not the registrar(2) subject to the provisions of sub-section (1), where an application for rectification of the register is made to the registrar under section 47 or section 57, the registrar may, if he thinks fit, refer the application at any stage of the proceedings to the appellate boarddeath of party to a proceeding130 if a person who is a party to a proceeding under this act (not being a proceeding before the appellate board or a court) dies pending the proceeding, the registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interestcertificate of validity141 if in any legal proceeding for rectification of the register before the appellate board a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the appellate board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor on obtaining a final order or judgment in his favour affirming validity of the registration of the trade mark shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client144 in any proceeding relating to a trade mark, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used by other personstrade usages, etc, to be taken into consideration157 (1) power to make rules(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:— (xxxi) the salaries and allowances and other conditions of service of the officers and other employees of the appellate board under sub-section (2), and the manner in which the officers and other employees of the appellate board shall discharge their functions under sub-section (3) of section 90;(xxxii) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 91;(xxxiii) the form in which and the particulars to be included in the application to the appellate board under sub-section (1) of section 97; ———— extracts from the geographical indications of goods (registration and protection) act, 1999 (48 of 1999)| | | | | ||------|------|------|------|-----|2 (1) in this act, unless the context otherwise requires,—definitions and interpretation(a) "appellate board" means the appellate board established under section 83of the trade marks act, 1999;47 of 1999| | | | | ||------|------|------|------|-----|(p) "tribunal" means the registrar or, as the case may be, the appellate board before which the proceeding concerned is pending effect of removal from register for failure to pay fee for renewal19 where a geographical indication has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another geographical indication during one year, 11 next after the date of removal, be deemed to be a geographical indication already on the register, unless the tribunal is satisfied either—(a) that there has been no bona fide trade use of the geographical indication which has been removed within the two years immediately preceding its removal; or(b) that no deception or confusion would be likely to arise from the use of the geographical indication which is the subject of the application for registration by reason of any previous use of the geographical indication which has been removed| | | | | ||------|------|------|------|-----|registration to be prima facie evidence of validity23 (1) in all legal proceedings relating to a geographical indication, the certificate of registration granted in this regard by the registrar under this act, being a copy of the entry in the register under the seal of the geographical indications registry, shall be prima facie evidence of the validity thereof and be admissible in all courts and before the appellate board without further proof or production of the original chapter vi rectification and correction of the registerpower to cancel or vary registration and to rectify the register27 (1) on application made in the prescribed manner to the appellate board or to the registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a geographical indication or authorised user on the ground of any contravention, or failure to observe the condition entered on the register in relation thereto(2) any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the appellate board or to the registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit(3) the tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register(4) the tribunal, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2)(5) any order of the appellate board rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly chapter vii appeals to the appellate boardappeals to the appellate board31 (1) any person aggrieved by an order or decision of the registrar under this act, or the rules made thereunder, may prefer an appeal to the appellate board within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal(2) no appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1):provided that an appeal may be admitted after the expiry of the period specified therefore, if the appellant satisfies the appellate board that he had sufficient cause for not preferring the appeal within the specified period(3) an appeal to the appellate board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and such fees as may be prescribed32 no court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (1) of section 31bar of jurisdiction of courts, etc47 of 1999procedure of the appellate board33 the provisions of sub-sections (2), (3), (4), (5), (6) of section 84, section 87, section 92, section 95 and section 96 of the trade marks act, 1999, shall apply to the appellate board in the discharge of its functions under this act as they apply to it in the discharge of its functions under the trade marks act, 199934 (1) an application for rectification of the register made to the appellate board under section 27 shall be in such form as may be prescribedprocedure for application for rectification, etc, before appellate board(2) a certified copy of every order or judgment of the appellate board relating to a registered geographical indication under this act shall be communicated to the registrar by the appellate board and the registrar shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order35 (1) the registrar shall have the right to appear and be heard—(a) in any legal proceedings before the appellate board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the geographical indications registry is raised;procedure for application for rectification, etc, before appellate board(b) in any appeal to the board from an order of the registrar on an application for registration of a geographical indication or authorised user—(i) which is not opposed, and the application is either refused by the registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or(ii) which has been opposed and the registrar considers that his appearance is necessary in the public interest, and the registrar shall appear in any case if so directed by the board(2) unless the appellate board otherwise directs, the registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the geographical indications registry in like cases, or of other matters relevant to the issues and within his knowledge as registrar, and such statement shall be evidence in the proceeding36 in all proceedings under this act before the appellate board the costs of the registrar shall be in the discretion of the board, but the registrar shall not be ordered to pay the costs of any of the parties costs of registrar in proceedings before appellate board48 (1) where the offence charged under section 39 or section 40 or section 41 is in relation to a registered geographical indication and the accused pleads that the registration of the geographical indication is invalid, the following procedure shall be followed:—procedure where invalidity of registration is pleaded by the accused(a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the appellate board under this act, for the rectification of the register on the ground that the registration is invalid;(b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification;(c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the appellate board for rectification of the register, the court shall proceed with the case as if the registration were valid (2) where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the geographical indication in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the tribunal, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainnant relies upon teh registration of his geographical indication 57 (1) where in any suit for infringement of a geographical indication the defendant pleads that registration of the geographical indication relating to plaintiff is invalid, the court trying the suit (hereinafter referred to as the court), shall,—(a) if any proceedings for rectification of the register to the geographical indication relating to plaintiff or defendant are pending before the registrar or the appellate board, stay the suit pending the final disposal of such proceedings;stay of proceedings where the validity of registration of the geographical indication is questioned, etc(b) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the appellate board for rectification of the register application for rectification of register to be made to appellate board in certain cases58 (1) where in a suit for infringement of a registered geographical indication the validity of the registration of the geographical indication relating to plaintiff is questioned by the defendant or where in any such suit the plaintiff questions the validity of the registration of the geographical indication relating to defendant, the issue as to the validity of the registration of the geographical indication concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 27, such application shall be made to the appellate board and not to the registrar(2) subject to the provisions of sub-section (1), where an application for rectification of the register is made to the registrar under section 27, the registrar may, if he thinks fit, refer the application at any stage of the proceedings to the appellate board death of party to a proceeding63 if a person who is a party to a proceeding under this act (not being a proceeding before the appellate board or a court) dies pending the proceeding, the registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest certificate of validity72 if in any legal proceedings for rectification of the register before the appellate board a decision is on contest given in favour of the registered proprietor or, as the case may be, authorised user of the geographical indication on the issue as to the validity of the registration of the geographical indication or the authorised user, the appellate board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor or the authorised user, as the case may be, on obtaining a final order or judgment in his favour affirming validity of the registration of the geographical indication or the authorised user, as the case may be, shall unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client 75 in any proceeding relating to a geographical indication, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant geographical indication legitimately used by other personstrade usages, etc, to be taken into consideration 87 (1) power to make rules(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:— (n) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 31; ———— extracts from the protection of plant varieties and farmers' rights act, 2001 (53 of 2001) definitions2 in this act, unless the context otherwise requires,— (d) "chairman" means the chairman of the tribunal; (n) "judicial member" means a member of the tribunal appointed as such under sub-section (1) of section 55 and includes the chairman;(o) "member" means a judicial member or a technical member of the tribunal and includes the chairman; (q) ''prescribed'' means prescribed by rules made under this act; (y) "tribunal" means the plant varieties protection appellate tribunal established under section 54;(z) "technical member" means a member of the tribunal who is not a judicial member; exemption from fees44 a farmer or group of farmers or village community shall not be liable to pay any fees in any proceeding before the authority or registrar or the tribunal or the high court under this act or the rules made thereunderexplanation—for the purposes of this section, "fees in any proceeding" includes any fees payable for inspection of any document or for obtaining a copy of any decision or order or document under this act or the rules made thereunder chapter viii plant varieties protection appellate tribunaltribunal54 the central government may, by notification in the official gazette, establish a tribunal to be known as the plant varieties protection appellate tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this actcomposition of tribunal55 (1) the tribunal shall consist of a chairman and such number of judicial members and technical members as the central government may deem fit to appoint(2) a judicial member shall be a person who has for at least ten years held a judicial office in the territory of india or who has been a member of the indian legal service and has held a post in grade-ii of that service or any equivalent or higher post for at least three years or who has been an advocate for at least twelve yearsexplanation—for the purposes of this sub-section,—(i) in computing the period during which a person has held judicial office in the territory of india, there shall be included any period, after he has held any judicial office, during which the person has been an advocate or has held the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law;(ii) in computing the period during which a person has been an advocate, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law after he became an advocate (3) a technical member shall be a person who is an eminent agricultural scientist in the field of plant breeding and genetics and possesses an experience of at least twenty years to deal with plant variety or seed development activity, or who has held the post in the central government or a state government dealing with plant variety or seed development equivalent to the joint secretary to the government of india for at least three years and possesses the special knowledge in the field of plant breeding and genetics(4) the central government shall appoint a judicial member of the tribunal to be the chairman thereof(5) the central government may appoint one of the members of the tribunal to be the senior member thereof(6) the senior member or a member shall exercise such of the powers and perform such of the functions of the chairman as may be delegated to him by the chairman by a general or special order in writingappeals to tribunal56 (1) an appeal shall be preferred to the tribunal within the prescribed period from any—(a) order or decision of the authority or registrar, relating to registration of a variety; or(b) order or decision of the registrar relating to registration as an agent or a licensee of a variety; or(c) order or decision of the authority relating to claim for benefit sharing; or (d) order or decision of the authority regarding revocation of compulsory licence or modification of compulsory licence; or(e) order or decision of the authority regarding payment of compensation, made under this act or rules made thereunder (3) the tribunal in disposing of an appeal under this section shall have the power to make any order which the authority or the registrar could make under this actorders of tribunal57 (1) the tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit(2) the tribunal may, at any time within thirty days from the date of the order, with a view to rectifying the mistake apparent from the record, amend any order passed by it under sub-section (1), and make such amendment if the mistake is brought to its notice by the appellant or the opposite party(3) in every appeal, the tribunal may, where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal(4) the tribunal shall send a copy of any order passed under this section to the registrar(5) the orders of the tribunal under this act shall be executable as a decree of a civil courtprocedure of tribunal58 (1) the powers and functions of the tribunal may be exercised and discharged by benches constituted by the chairman of the tribunal from among the members thereof(2) a bench shall consist of one judicial member and one technical member (3) if the members of a bench differ in opinion on any point, they shall state the point or points on which they differ, and the case shall be referred to the chairman for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it(4) subject to the provisions of this act, the tribunal shall have power to regulate its own procedure and the procedure of benches thereof in all matters arising out of the exercise of its powers or the discharge of its functions, including the places at which the benches shall holding their sittings45 of 1860 2 of 1974(5) the tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the registrar under section 11, and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the measuring of sections 193 and 228 and for the purposes of section 196 of the indian penal code, and the tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973(6) 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 any other manner) shall be made on, or in, any proceedings relating to an appeal unless—(a) copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made; and(b) opportunity is given to such party to be heard in the mattertransitional provision47 of 199959 notwithstanding anything contained in this act, till the establishment of the tribunal under section 54, the intellectual property appellate board established under section 83 of the trade marks act, 1999, shall exercise the jurisdiction, powers and authority conferred on the tribunal under this act subject to the modification that in any bench of such intellectual property appellate board constituted for the purposes of this section, for the technical member referred to in sub-section (2) of section 84 of the trade marks act, the technical member shall be appointed under this act and he shall be deemed to be the technical member for constituting the bench under the said sub-section (2) of section 84for the purposes of this actbar of jurisdiction89 no civil court shall have jurisdiction in respect of any matter which the authority or the registrar or the tribunal is empowered by or under this act to determine (13 of 2003) definitions2 in this act, unless the context otherwise requires,—(a) ''appointed day'', in relation to a tribunal, means the date on which such tribunal is established under sub-section (1) of section 5; (l) "tribunal" means the airport appellate tribunal referred to in sub-section (1) of section 5; chapter ii highways administration and tribunals etc| ||---------------|| establishment || of tribunals || 7 of 2017 || 55 of 1994 |5 (1) the airport appellate tribunal established under section 28-i of the airports authority of india act, 1994 shall, on and from the commencement of part xiv of chapter vi of the finance act, 2017, be the tribunal for the purposes of this act and the said tribunal shall exercise the jurisdiction, power and authority conferred on it by or under this act(2) the central government shall specify, by notification in the official gazette, the limits of the highway within which, or the length of highway on which, the tribunal may exercise jurisdiction for entertaining and deciding the appeals field before it| ||---------------|| jurisdiction, || powers and || authority of || tribunal |14 a tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain appeals from the orders passed or actions (except issuance or serving of notices) taken under sections 26, 27, 28, 36, 37 and 38 by the highway administration or an officer authorised on its behalf, as the case may bebar of jurisdiction15 on and from the appointed day, no court (except the supreme court and a high court exercising jurisdiction under articles 226 and 227 of the constitution) or other authority, except the tribunal shall have, or be entitled to exercise, any jurisdiction, powers or authority in relation to the matters specified in section 14procedure and powers of tribunal5 of 190816 (1) the tribunal shall not be bound by the procedure laid down by the code ofcivil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the tribunal shall have powers to regulate its own procedure including the places at which it shall have its sittings(2) the appeal filed before the tribunal under section 14 shall be dealt with by it asexpeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within four months from the date of the receipt of the appeal5 of 1908(3) the tribunal shall have, for the purposes of discharging its functions under thisact, the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit, in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining himon oath;(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an appeal or application for default or deciding it ex parte; (g) setting aside any order of dismissal of any appeal or application for default orany order passed by it ex parte; and(h) any other matter which may be prescribed45 of 1860 2 of 1974(4) any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code and the tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973conditions as to making of interim order17 notwithstanding anything contained in any other provision of this act or in anyother 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 requirements have been complied with before the expiry of that period and the tribunal has continued the operation of the interim orderexecution of orders of tribunal18 (1) an order passed by the tribunal under this act shall be executable by thetribunal as a decree of a civil court, and for this purpose, the tribunal shall have all the powers of the civil court(2) notwithstanding anything contained in sub-section (1), the tribunal may transmit any order made by it to the civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that courtlimitation19 every appeal to the tribunal under this act shall be preferred within a period ofsixty days from the date on which the order appealed against has been made:provided that an appeal may be admitted after the expiry of the said period of sixty days, if the appellant satisfies the tribunal that he had sufficient cause for not preferring the appeal within the specified period| | | | | ||------|------|------|------|-----| chapter viii miscellaneous40 a person 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 tribunalright of appellant to take assistance of legal practitioner finality of orders41 save as otherwise expressly provided in this act, every order made or any actiontaken by the highway administration or the officer authorised in this behalf by such administration or every order passed or decision made on appeal under this act by the tribunal shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act to the highway administration or tribunal 50 (1) power to make rules(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:— (f) the additional matters in respect of which the tribunal may exercise the powers of a civil court under clause (h) of sub-section (3) of section 16; ———— extract from the finance act, 2017 (7 of 2017) 184 (1) the central government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member of the tribunal, appellate tribunal or, as the case may be, other authorities as specified in column (2) of the eighth schedule:provided that the chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member of the tribunal, appellate tribunal or other authority shall hold office for such term as specified in the rules made by the central government but not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment:qualifications, appointment, term and conditions of service, salary and allowances, etc, of chairperson, vice- chairperson and members, etc, of the tribunal, appellate tribunal and other authoritiesprovided further that no chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member shall hold office as such after he has attained such age as specified in the rules made by the central government which shall not exceed,—(a) in the case of chairperson, chairman or president, the age of seventy years; (b) in the case of vice-chairperson, vice-chairman, vice-president, presiding officer or any other member, the age of sixty-seven years (2) neither the salary and allowances nor the other terms and conditions of service of chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member of the tribunal, appellate tribunal or, as the case may be, other authority may be varied to his disadvantage after his appointment the eighth schedule [see sections 183 and 184]| s no | tribunal/appellate tribunal/board/authority | acts ||-------------------------|-----------------------------------------------|-----------------------|| (1) | (2) | (3) || 10 | airport appellate tribunal | the airport authority || of india act, 1994 | | || (55 of 1994) | | || | | || 12 | appellate board | the trade marks act, || 1999 (47 of 1999) | | || | | || 14 | authority for advance ruling | the income-tax act, || 1961 (43 of 1961) | | || | | || 15 | film certification appellate tribunal | the cinematograph || act, 1952 (37 of 1952) | | || | | |———— a billfurther to amend the cinematograph act, 1952, the customs act, 1962, the airports authority of india act, 1994, the trade marks act, 1999 and the protection of plant varieties and farmers' rights act, 2001 and certain other acts————

Parliament_bills

b1a34138-2bf3-5657-adc4-5793a8f9dcca

bill no 5 of 2007 the basic and primary education (compulsory teaching in mother tongue) bill, 2007 by prof mahadeorao shiwankar, mp a billto provide for the compulsory use of mother tongue in imparting basic and primary education to children in all educational institutions and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the basic and primary education (compulsory teaching in mother tongue) act, 2007short title, extent and commencement5(2) it extends to the whole of india(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in other cases, the central government;10(b) "basic education" means education provided in preparatory schools orkindergarten and such other schools by whatever name called;(c) "educational institution" includes all schools whether run by government or government bodies or private institutions, association or trust, whether aided by government or not, recognized or unrecognized, imparting education to the children from primary level;5(d) "mother tongue" means the language generally spoken in the family of the child who learns it from his mother and other family members and which is one of the languages mentioned in the eighth schedule to the constitution of india;(e) "prescribed" means prescribed by rules made under this act; and10(f) "primary education" includes education up to the level of middle class or eighth standard3 (1) notwithstanding anything contained in any other law for the time being in force, every educational institution shall impart basic and primary education to the children in their mother tongue or dialect generally spoken in the region or state, as the case may be, where such an institution is located, in addition to hindi or english language, as the case may be, so as to properly develop the faculties of the children15compulsoryimparting ofbasic and primary education in mother tongue of the child(2) for the purposes of sub-section (1) the appropriate government shall appoint language teachers in all government run or aided schools and shall provide requisite infrastructure for that purpose20(3) the appropriate government shall derecognize the educational institutions not complying with the provisions of this act for such period as it may deem necessary and impose such other sanctions as may be prescribed after giving such institutions a reasonable opportunity to defend their casespower to exempt254 the appropriate government may either retrospectively from the enactment of thisact or prospectively exempt from the operation of the provisions of this act, the members of any race, sect or tribe to which it may consider it impossible or inexpedient to apply the provisions of this act 5 the central government shall, after due appropriation made by law by parliament in this behalf, provide requisite funds to the states for appointing language teachers and for providing other infrastructure required for the purposes of this actcentral government to provide funds30power to remove difficulty6 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty:35provided that no such order shall be made or direction be given after three years of the commencement of this actact to have overriding effect7 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but save as aforesaid the provisions of this act shall be made in addition to and not in derogation of any other law for the time being in force40power to make rules8 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsfor a child the easiest language is his mother tongue he learns to speak his mother tongue from his mother and family members who generally speak the language spoken from generations or the dialect of their forefathers or of the area or region in which they reside in major parts of our country, hindi is the main language with different dialects at different places but it is written in devanagari script and can be understood easily then there are regional languages a total of twenty-two languages have been recognized by our constitution the mother tongue, no doubt, is the best language for a child to develop his faculties but when he or she is admitted in the play school or kindergaten or primary school more so in the so called elite or public schools, the child has to switch ever to english medium, which is the medium of instruction in such schools at this stage the real difficulty of the child begins he speaks a particular language but the education is imparted in a different language this causes strain and in order to become a part of the system he starts ignoring his own mother tongue in the hindi speaking areas, students of public schools cannot count in hindi and do not recognize hindi alphabets because in their school, they cannot speak in their language and have to speak only in english in many schools students are penalized if they speak in any language other than english though the child learns english by compulsion but he is not at ease with this language and on the other hand he does not develop sufficient knowledge of his own language it is therefore necessary that a child should be imparted basic and primary education in his mother tongue, which is the easiest language for him thereafter, the child grows up and he can acquire the skills in other languages and opt for the language of his choice for his further studieshence this billnew delhi;mahadeorao shiwankarnovember 16, 2006 ————— president's recommendation under article 117(3) of the constitution[copy of letter no 7-22/2006-ee-4, dated 14 december, 2006 from shri arjun singh, minister of human resource development to the secretary-general, lok sabha]the president, having been informed of the subject matter of the basic and primary education (compulsory teaching in mother tongue) bill, 2007 by prof mahadeorao shiwankar, member of parliament, recommends to the house the consideration of the bill under clause (3) of article 117 of the constitution financial memorandumclause 3 of the bill provides that the appropriate government shall appoint language teachers and provide requisite infrastructure for it the expenditure in respect of schools in union territories and those funded/aided by the central government shall be borne out of the consolidated fund of india clause 5 of the bill makes it obligatory for the central government to provide requisite funds to the states for carrying out the purposes of this billthe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one thousand crore may be involved as recurring expenditure per annumno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of detail only the delegation of legislative power is of a normal character————— abillto provide for the compulsory use of mother tongue in imparting basic and primary education to children in all educational institutions and for matters connected therewith and incidental thereto—————(prof mahadeorao shiwankar, mp)mgipmrnd—78ls(s-3)—06022007

Parliament_bills

e7e13063-ced8-5b32-b588-867c9ae47afd

bill no 315 of 2015 the constitution (scheduled tribes) order (amendment) bill, 2015 byshri shrirang appa barne, mp a billfurther to amend the constitution (scheduled tribes) order, 1950be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the constitution (scheduled tribes) orders (amendment)act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint5co 222 in the schedule to the constitution (scheduled tribes) order, 1950, in part ix—maharashtra, for entry 36, the following entry shall be substituted, namely:—amendment of the schedule"36 oraon, dhangar" statement of objects and reasonsarticle 366(25) of the constitution defines "scheduled tribes" as "such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution"in pursuance of article 342 of the constitution, the first list of the scheduled tribes in maharashtra was notified through the constitution (scheduled tribes) order, 1950 it has further been modified through the scheduled castes and the scheduled tribes orders (amendment) act, 1956, the scheduled castes and the scheduled tribes lists (modification) order, 1956, the scheduled castes and the scheduled tribes orders (amendment) act, 1976, the constitution (scheduled tribes) order (second amendment) act, 1991 and the scheduled castes and the scheduled tribes orders (amendment) act, 2002in the scheduled castes and the scheduled tribes orders (amendment) act, 2002, in respect of the states of odisha, bihar and jharkhand in their respective scheduled tribes list, parliament have added 'dhangar' as synonymous tribe of oraon communityat present, there are forty-seven tribes listed in the list of the scheduled tribes in respect of the state of maharashtra to fulfil the long standing demand for placing the correct synonymous caste of 'dhangar' instead of 'dhangad', it is proposed, on the recommendation of the state government of maharashtra, to amend the entry 36 of the scheduled tribes order, 1950, occurring under part ix, relating to the state of maharashtrahence this billnew delhi;shrirang appa barnenovember14, 2015 financial memorandumclause 2 of the bill seeks to amend the constitution (scheduled tribes) amendment order, 1976, by amending the list of scheduled tribes in respect of the state of maharashtrathe bill, therefore, if enacted, would involve additional recurring and non-recurring expenditure from the consolidated fund of india on account of benefits likely to be provided to the welfare of the persons belonging to these tribes it is estimated that a recurring expenditure of about rupees five hundred crore is likely to be involved per annumno non-recurring expenditure is likely to be involved annexure extract from the constitution (scheduled tribes) order, 1950(co 22) the schedule part ix—maharashtra 36 oraon, dhangad lok sabha———— a billfurther to amend the constitution (scheduled tribes) order, 1950————(shri shrirang appa barne, mp)gmgipmrnd—2946ls(s3)—08-12-2015

Parliament_bills

70d0ba4d-e281-5714-a1a0-7eb196051e1b

bill no 60 of 2007 the national capital territory of delhi laws (special provisions) bill, 2007 a bill to make special provisions for the national capital territory of delhi for a further periodof one year and for matters connected therewith or incidental thereto5whereas there had been phenomenal increase in the population of the nationalcapital territory of delhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure leading to encroachment or unauthorised developments which are not in consonance with the concept of planned development as provided in the master plan of delhi-2001 and the relevant acts and building bye-laws made thereunder;10and whereas master plan of delhi-2001 has been extensively modified and notifiedby the central government on 7th february, 2007 with the perspective for the year 2021 keeping in view the emerging new dimensions in urban development vis-a-vis the social,financial and other ground realities;and whereas master plan of delhi with the perspective for the year 2021 specifically provides for strategies for housing for urban poor as well as to deal with the informal sector;and whereas a revised policy for relocation and rehabilitation of slum dwellers in the national capital territory of delhi is also under consideration of the central government;15and whereas a strategy and a scheme has been prepared by the local authorities in the national capital territory of delhi for regulation of urban street vendors in accordance with the national policy for urban street vendors/master plan for delhi-2021;5and whereas some time is required for making orderly arrangements in accordance with the revised policy for relocation and rehabilitation of slum dwellers of delhi as well as for putting in place the scheme for regulation of urban street vendors in terms of the master plan of delhi-2021 and also the national policy in this regard;10and whereas the central government is yet to take a considered view on the policy regarding existing farm houses involving construction beyond permissible building limits and regarding schools, dispensaries, religious institutions and cultural institutions in rural areas built on agricultural land, inter alia, in the light of recommendations of the expert committees constituted by the central government in the year 2006;22 of 2006and whereas, the delhi laws (special provisions) act, 2006 was enacted on 19th may, 2006 to make special provisions for the areas of delhi for a period of one year which lapsed on 18th may, 2007;1520and whereas it is expedient to have a law in terms of the master plan of delhi-2021, in continuation of the said act for a further period of one year to provide temporary relief and to minimize avoidable hardship and irreparable loss to the people of the national capital territory of delhi against any action by the concerned agency in respect of persons covered by the policies referred to above which are expected to be finalised within the period so extended;be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the national capital territory of delhi laws (special provisions) act, 2007(2) it extends to the national capital territory of delhi25short title, extent, commencement and duration(3) it shall be deemed to have come into force on the 19th day of may, 200710 of 189730(4) it shall cease to have effect on the expiry of one year from the date of its commencement, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the general clauses act, 1897, shall apply as if this act had then been repealed by a central actdefinitions2 (1) in this act, unless the context otherwise requires,—66 of 1957 punjab act 3 of 191135(a) "building bye-laws" means bye-laws made under section 481 of the delhimunicipal corporation act, 1957 or the bye-laws made under section 188, subsection (3) of section 189 and sub-section (1) of section 190 of the punjab municipalact, 1911, as in force in new delhi or the regulations made under sub-section (1) ofsection 57 of the delhi development act, 1957, relating to buildings;61 of 1957 66 of 1957(b) "delhi" means the entire area of the national capital territory of delhi except the delhi cantonment as defined in clause (11) of section 2 of the delhi municipal corporation act, 1957;40(c) "encroachment" means unauthorised occupation of government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use;66 of 19574544 of 199461 of 1957(d) "local authority" means the delhi municipal corporation established under the delhi municipal corporation act, 1957 or the new delhi municipal council established under the new delhi municipal council act, 1994 or the delhi development authority established under the delhi development act, 1957, legally entitled to exercise control in respect of the areas under their respective jurisdiction;61 of 1957(e) "master plan" means the master plan for delhi with the perspective for the year 2021 notified vide notification number so 141(e) on 7th february, 2007 under the delhi development act, 1957;(f) "notification" means a notification published in the official gazette;5(g) "punitive action" means action taken by a local authority under the relevantlaw against unauthorised development and shall include demolition, sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;(h) "relevant law" means in case of—(i) the delhi development authority, the delhi development act, 1957;61 of 19571066 of 1957(ii) the municipal corporation of delhi, the delhi municipal corporationact, 1957; and44 of 1994(iii) the new delhi municipal council, the new delhi municipal councilact, 1994;15(i) "unauthorised development" means use of land or use of building orconstruction of building carried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or in contravention of the land use as permitted under the master plan or zonal plan or layout plan, as the case may be, and includes any encroachment20(2) the words and expressions used but not defined herein shall have the meaningsrespectively assigned to them in the delhi development act, 1957, the delhi municipal corporation act, 1957 and the new delhi municipal council act, 199461 of 1957 66 of 1957 44 of 1994enforcement to be kept in abeyance25303 (1) notwithstanding anything contained in any relevant law or any rules,regulations or bye-laws made thereunder, the central government shall within a period of one year of the coming into effect of this act, take all possible measures to finalise norms, policy guidelines and feasible strategies to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and jhuggi-jhompri clusters, hawkers and urban street vendors, existing farm houses involving construction beyond permissible building limits, and schools, dispensaries, religious institutions, cultural institutions in rural areas built on agricultural land, as mentionedbelow:(a) policy for relocation and rehabilitation of slum dwellers and jhuggi-jhompriclusters in accordance with provisions of master plan of delhi-2021 to ensure development of delhi in a sustainable, planned and humane manner;35(b) strategy for regulation of urban street vendors in consonance with thenational policy for urban street vendors and hawkers as provided in master plan of delhi-2021;(c) policy regarding existing farm houses involving construction beyondpermissible building limits; and40(d) policy regarding schools, dispensaries, religious institutions, culturalinstitutions in rural areas built on agricultural land (2) subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo as on the 1st day of january, 2006 shall be maintained in respect of encroachment or unauthorised development mentioned in subsection (1)45(3) all notices issued by any local authority for initiating action against encroachment or unauthorised development referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken during the said period of one year(4) notwithstanding any other provision contained in this act, the central government may, at any time before the expiry of one year, withdraw the exemption by notification, in respect of encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case may be54 during the period of operation of this act, no relief shall be available under the provisions of section 3 in respect of the following encroachment or unauthorised development, namely:—provisions of this act not to apply in certain cases(a) encroachment on public land except in those cases which are covered under clauses (a) and (b) of sub-section (1) of section 3;10(b) removal of slums and jhuggi-jhompri dwellers and hawkers and urbanstreet vendors, in accordance with the relevant policies approved by the central government for clearance of land required for specific public projects5 the central government may, from time to time, issue such directions to the local authorities as it may deem fit, for giving effect to the provisions of this act and it shall be the duty of the local authorities, to comply with such directions15power of central government to give directions6 (1) the delhi laws (special provisions) act, 2006 and the national capital territory of delhi laws (special provisions) ordinance, 2007 are hereby repealedrepeal and savings22 of 2006 ord 6 of 2007 22 of 2006 ord 6 of 200720(2) notwithstanding such repeal, any thing done or any action taken under the delhi laws (special provisions) act, 2006 and the national capital territory of delhi laws (special provisions) ordinance, 2007, shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsthe planned development of the national capital territory of delhi during the last 50years has been guided by the successive master plans the first master plan was notified in 1962 under the provisions of the delhi development act, 1957 the plan was extensively amended in 1990 and the master plan 2001 was notified the master plan 2001 was further amended with a perspective of the year 2021 and was notified in february, 2007 while the strategy of planned development of delhi has by and large ensured rational integration and balanced growth of the city despite burgeoning growth of population, on the flip side it has failed to meet the ever increasing aspirations of the people leading to encroachment on public land, growth of slums, inadequacy of availability of housing, unauthorised construction, large scale commercialization of residential areas, etc2 in order to address these issues on priority and in view of the several directions/orders passed by the hon'ble supreme court and the high court of delhi in various cases pending before them regarding the said issues, which were affecting the lives of millions of people in the city, the delhi laws (special provisions) act, 2006 was enacted for a period of one year ending on may 18, 20073 the act, inter alia, provided that the central government shall, within a period of one year of the act coming into effect, take all possible steps to finalise norms, policy guidelines and feasible strategies to deal with the problem of unauthorised development with regard to the under mentioned categories, —(a) mixed land use not conforming to the master plan, (b) construction beyond sanctioned plans, and (c) encroachments by slum and jhuggi-jhompri dwellers and hawkers andurban street vendors,so that the development of delhi takes place in a sustainable and planned manner 4 the act also provided that subject to the conditions contained in sub-section (1)of section 3 of the act, notwithstanding any judgment, decree or order of any court, status quo as on 1st day of january, 2006 shall be maintained in respect of categories of unauthorised development mentioned above the act also provided that all notices issued by the local bodies for initiating action against the categories of unauthorised developments referred to in sub-section (1) of section 3 of the act shall be deemed to have been suspended and no punitive action shall be taken during the said period of one year the delhi laws (special provisions) act, 2006 was effective for a period of one year and has lapsed on may 18, 20075 later on, the central government notified the extensive modifications to the master plan for delhi (mpd-2021) with the perspective year 2021 with effect from 722007 the zonal development plans pursuant to the mpd 2021 are yet to be prepared therefore, it was felt that some more time is needed for making orderly arrangements, preparing policy guidelines and feasible strategies for the following categories of unauthorised development, namely:—(i) slum dwellers and jj clusters; (ii) hawkers and urban street vendors; (iii) existing farm houses involving construction beyond permissible buildinglimits; and(iv) schools, dispensaries, religious institutions and cultural institutions inrural areas built on agricultural land6 in the absence of a proper policy frame-work and/or strategy/scheme for regulation of the above mentioned categories of unauthorised developments and in the absence of protection from punitive action, lot of avoidable hardships and irreparable loss have been caused to a sizeable number of people belonging to different sections of the society in the national capital territory of delhi the finalisation of policy frame-work on the above aspects will enable the government to provide for a reasonable and lasting solution in a systematic and effective manner this is likely to take some time and it will only be fair that no forcible action is taken in respect of any-violation/irregularity mentioned in respect of these categories of unauthorised developments till the finalisation of the policy frame work/guidelines7 the prevailing circumstance rendered it necessary for the president to promulgate the national capital territory of delhi laws (special provisions) ordinance, 2007 on the 4th july, 2007 to give continuity to the efforts undertaken by the government with a further duration of one year from the date of its promulgation ie 19th may, 2007 so as to complete the abovesaid course of action8 the national capital territory of delhi laws (special provisions) bill, 2007 seeks to replace the national capital territory of delhi laws (special provisions) ordinance, 2007 s jaipal reddynew delhi;the 9th august, 2007 lok sabha———— a billto make special provisions for the national capital territory of delhi for a further period of one year and for matters connected therewith or incidental thereto————

Parliament_bills

db49d3e1-28ac-59e4-a274-b9bfc7ed1bbe

bill no 194 of 2015 the repealing and amending (fourth) bill, 2015 a billto repeal certain enactments and to amend certain other enactmentsbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the repealing and amending (fourth) act, 20152 the enactments specified in the first schedule are hereby repealed to the extentmentioned in the fourth column thereof5repeal of certain enactments3 the enactments specified in the second schedule are hereby amended to the extent and in the manner mentioned in the fourth column thereofamendment of certain enactments savings4 the repeal by this act of any enactment shall not affect any other enactment in which the repealed 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 or liability 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 indemnity already granted, or the proof of any past act or thing; nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;nor shall the repeal by this act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force the first schedule (see section 2) repeals| year | no | short title | extent of repeal ||----------------------|-------|-------------------------------------------------|--------------------|| 1 | 2 | 3 | 4 || 1863 | 16 | the excise (spirits) act, 1863 | so much as is not || repealed | | | || 1871 | 23 | the pensions' act, 1871 | so much as is not || repealed | | | || 1874 | 4 | the foreign recruiting act, 1874 | so much as is not || repealed | | | || 1875 | 18 | the indian law reports act, 1875 | so much as is not || repealed | | | || 1879 | 6 | the elephants preservation act, 1879 | so much as is not || repealed | | | || 1890 | 13 | the excise (malt liquors) act, 1890 | the whole || 1898 | 3 | the lepers act, 1898 | the whole || 1902 | 4 | the indian tramways act, 1902 | the whole || 1912 | 8 | the wild birds and animals protection act, 1912 | so much as is not || repealed | | | || 1913 | 6 | the mussalmanwakf validating act, 1913 | the whole || 1916 | 7 | the indian medical degrees act, 1916 | the whole || 1919 | 1 | the local authorities pensions and | the whole || gratuities act, 1919 | | | || 1930 | 32 | the mussalmanwakf validating act, 1930 | the whole || 1933 | 2 | the children (pledging of labour) act, 1933 | the whole || 1936 | 18 | the red cross society (allocation of | the whole || property) act, 1936 | | | || 1936 | 22 | the indian companies (amendment) act, 1936 | the whole || 1938 | 24 | the employers' liability act, 1938 | the whole || 1 | 2 | 3 | 4 ||---------------------------------|-----------|-------------------------------------------------|-------------------|| 1940 | 12 | the income-tax law amendment act, 1940 | so much as is not || repealed | | | || 1941 | 22 | the indian merchant shipping (amendment) | the whole || act, 1941 | | | || 1941 | 23 | the indian income-tax (amendment) act, 1941 | the whole || 1941 | 24 | the excess profits tax (second amendment) | the whole || act, 1941 | | | || 1941 | 25 | the railways (local authorities' taxation) | the whole || act, 1941 | | | || 1947 | 44 | the income-tax and business profits tax | the whole || (amendment) act, 1947 | | | || 1947 | 45 | the indian trade unions (amendment) act, 1947 | the whole || 1948 | 38 | the continuance of legal proceedings act, 1948 | the whole || 1948 | 48 | the income-tax and business profits tax | the whole || (amendment) act, 1948 | | | || 1948 | 58 | the exchange of prisoners act, 1948 | the whole || 1948 | 60 | the resettlement of displaced persons (land | the whole || acquisition) act, 1948 | | | || 1949 | 24 | the delhi hotels (control of accommodation) | the whole || act, 1949 | | | || 1949 | 53 | the indian merchant shipping (amendment) | the whole || act, 1949 | | | || 1949 | 59 | the merged states (laws) act, 1949 | the whole || 1950 | 9 | the indian tea control (amendment) act, 1950 | the whole || 1950 | 26 | the drugs (control) act, 1950 | so much as is not || repealed | | | || 1950 | 52 | the essential supplies (temporary powers) | the whole || amendment act, 1950 | | | || 1950 | 71 | the indian income-tax (amendment) act, 1950 | the whole || 1950 | 72 | the essential supplies (temporary powers) | the whole || second amendment act, 1950 | | | || 1951 | 42 | the indian merchant shipping (amendment) | the whole || act, 1951 | | | || 1951 | 59 | the delhi premises (requisition and eviction) | the whole || amendment act, 1951 | | | || 1952 | 9 | the indian independence pakistan courts | so much as is not || (pending proceedings) act, 1952 | repealed | | || 1952 | 49 | the indian tea control (amendment) act, 1952 | the whole || 1952 | 54 | the central tea board (amendment) act, 1952 | the whole || 1953 | 23 | the indian merchant shipping (amendment) | the whole || act, 1953 | | | || 1 | 2 | 3 | 4 ||---------------------------------------------|-----------|-------------------------------------------------|-------------------|| 1953 | 25 | the indian income-tax (amendment) act, 1953 | the whole || 1953 | 54 | the reserve bank of india (amendment and | so much as is not || miscellaneous provisions) act, 1953 | repealed | | || 1954 | 9 | the control of shipping (amendment) act, 1954 | the whole || 1954 | 13 | the press (objectionable matter) amendment | the whole || act, 1954 | | | || 1954 | 23 | the state acquisition of lands for union | the whole || purposes (validation) act, 1954 | | | || 1954 | 33 | the indian income-tax (amendment) act, 1954 | the whole || 1954 | 41 | the taxation laws (extension to jammu and | the whole || kashmir) act, 1954 | | | || 1954 | 53 | the prevention of disqualification | the whole || (parliament and part c states legislatures) | | | || second amendment act, 1954 | | | || 1955 | 29 | the industrial disputes (appellate tribunal) | the whole || amendment act, 1955 | | | || 1955 | 52 | the prevention of disqualification | the whole || (parliament and part c states legislatures) | | | || amendment act, 1955 | | | || 1956 | 10 | the control of shipping (continuance) act, 1956 | the whole || 1956 | 26 | the indian income-tax (amendment) act, 1956 | the whole || 1956 | 36 | the industrial disputes (amendment and | so much as is not || miscellaneous provisions) act, 1956 | repealed | | || 1956 | 45 | the newspaper (price and page) act, 1956 | the whole || 1956 | 52 | the government premises (eviction) amendment | the whole || act, 1956 | | | || 1956 | 63 | the scheduled castes and scheduled tribes | the whole || orders (amendment) act, 1956 | | | || 1956 | 95 | the banking companies (amendment) act, 1956 | so much as is not || repealed | | | || 1957 | 17 | the life insurance corporation (amendment) | so much as is not || act, 1957 | repealed | | || 1957 | 47 | the indian telegraph (amendment) act, 1957 | the whole || 1957 | 53 | the indian railways (amendment) act, 1957 | so much as is not || repealed | | | || 1957 | 64 | the prevention of disqualification (amendment) | the whole || act, 1957 | | | || 1958 | 9 | the control of shipping (continuance) act, 1958 | the whole || 1958 | 33 | the estate duty (amendment) act, 1958 | so much as is not || repealed | | | || 1958 | 35 | the manipur and tripura (repeal of laws) | the whole || act, 1958 | | | || 1 | 2 | 3 | 4 ||-----------------------|-----------|------------------------------------------------|-------------------|| 1958 | 54 | the prevention of disqualification (amendment) | the whole || act, 1958 | | | || 1959 | 1 | the indian income-tax (amendment) act, 1959 | the whole || 1959 | 17 | the coal grading board (repeal) act, 1959 | the whole || 1959 | 29 | the public wakfs (extension of limitation) | the whole || act, 1959 | | | || 1960 | 16 | the estate duty (amendment) act, 1960 | so much as is not || repealed | | | || 1960 | 18 | the indian boilers (amendment) act, 1960 | so much as is not || repealed | | | || 1960 | 28 | the taxation laws (amendment) act, 1960 | the whole || 1960 | 45 | the indian museum (amendment) act, 1960 | so much as is not || repealed | | | || 1960 | 54 | the railway passenger fares (amendment) | the whole || act, 1960 | | | || 1960 | 65 | the companies (amendment) act, 1960 | so much as is not || repealed | | | || 1961 | 7 | the banking companies (amendment) act, 1961 | so much as is not || repealed | | | || 1961 | 36 | the newspaper (price and page) continuance | the whole || act, 1961 | | | || 1961 | 55 | the sugar (regulation of production) act, 1961 | the whole || 1962 | 17 | the air corporations (amendment) act, 1962 | so much as is not || repealed | | | || 1962 | 43 | the companies (amendment) act, 1962 | the whole || 1962 | 56 | the state-associated banks (miscellaneous | so much as is not || provisions) act, 1962 | repealed | | || 1962 | 59 | the personal injuries (emergency provisions) | the whole || act, 1962 | | | || 1963 | 21 | the compulsory deposit scheme act, 1963 | the whole || 1963 | 37 | the personal injuries (compensation insurance) | the whole || act, 1963 | | | || 1963 | 53 | the companies (amendment) act, 1963 | the whole || 1964 | 32 | the companies (amendment) act, 1964 | the whole || 1965 | 23 | the banking laws (application to co-operative | so much as is not || societies) act, 1965 | repealed | | || 1965 | 31 | the companies (amendment) act, 1965 | the whole || 1966 | 21 | the merchant shipping (amendment) act, 1966 | so much as is not || repealed | | | || 1966 | 30 | the electricity (supply) amendment act, 1966 | so much as is not || repealed | | | || 1 | 2 | 3 | 4 ||------------------------------------------------|-----------|-------------------------------------------------|-------------------|| 1966 | 37 | the companies (second amendment) act, 1966 | the whole || 1967 | 14 | the essential commodities (amendment) act, 1967 | so much as is not || repealed | | | || 1967 | 25 | the standards of weights and measures | the whole || (extension to kohima and mokokchung districts) | | | || act, 1967 | | | || 1968 | 60 | the state agricultural credit corporations | the whole || act, 1968 | | | || 1969 | 17 | the companies (amendment) act, 1969 | so much as is not || repealed | | | || 1969 | 22 | the banking companies (acquisition and | the whole || transfer of undertakings) act, 1969 | | | || 1969 | 23 | the coal bearing areas (acquisition and | so much as is not || development) amendment act, 1969 | repealed | | || 1969 | 28 | the central sales tax (amendment) act, 1969 | so much as is not || repealed | | | || 1969 | 37 | the delhi high court (amendment) act, 1969 | so much as is not || repealed | | | || 1969 | 38 | the wakf (amendment) act, 1969 | so much as is not || repealed | | | || 1970 | 24 | the petroleum (amendment) act, 1970 | so much as is not || repealed | | | || 1970 | 25 | the merchant shipping (amendment) act, 1970 | so much as is not || repealed | | | || 1970 | 51 | the central labour laws (extension to jammu | the whole || and kashmir) act, 1970 | | | || 1971 | 63 | the jayanti shipping company (acquisition of | the whole || shares) act, 1971 | | | || 1971 | 64 | the coking coal mines (emergency provisions) | the whole || act, 1971 | | | || 1972 | 58 | the indian copper corporation (acquisition of | so much as is not || undertaking) act, 1972 | repealed | | || 1972 | 72 | the sick textile undertakings (taking over of | the whole || management) act, 1972 | | | || 1973 | 15 | the coal mines (taking over of management) | the whole || act, 1973 | | | || 1973 | 62 | the konkan passenger ships (acquisition) | the whole || act, 1973 | | | || 1974 | 4 | the esso (acquisition of undertakings in india) | the whole || act, 1974 | | | || 1974 | 37 | the additional emoluments (compulsory deposit) | the whole || act, 1974 | | | || 1 | 2 | 3 | 4 ||--------------------------------------------------------|-----------|--------------------------------------------------------------------|-------------------|| 1976 | 2 | the burmah shell (acquisition of undertakings in | the whole || india) act, 1976 | | | || 1976 | 97 | the burn company and indian standard wagon | the whole || company (nationalisation) act, 1976 | | | || 1976 | 98 | the laxmirattan and atherton west cotton | the whole || mills (taking over of management) act, 1976 | | | || 1976 | 106 | the untouchability (offences) amendment and | so much as is not || miscellaneous provision act, 1976 | repealed | | || 1977 | 17 | the caltex [acquisition of shares of caltex oil | the whole || refining (india) limited and of the undertakings | | | || in india of caltex (india) limited] act, 1977 | | | || 1978 | 21 | the deposit insurance corporation (amendment | the whole || and miscellaneous provisions) act, 1978 | | | || 1979 | 28 | the kosangas company (acquisition of | the whole || undertaking) act, 1979 | | | || 1980 | 64 | the maruti limited (acquisition and transfer of | the whole || undertakings) act, 1980 | | | || 1981 | 18 | the essential commodities (special provisions) | the whole || act, 1981 | | | || 1981 | 19 | the prevention of blackmarketing and | so much as is not || maintenance of supplies of essential commodities | repealed | | || (amendment) act, 1981 | | | || 1981 | 41 | the burmah oil company [acquisition of shares | the whole || of oil india limited and of the undertakings in india | | | || of assam oil company limited and the burmah | | | || oil company (india trading) limited] act, 1981 | | | || 1982 | 26 | the prevention of cruelty to animals (amendment) so much as is not | || act, 1982 | repealed | | || 1982 | 31 | the estate duty (amendment) act,1982 | the whole || 1982 | 38 | the payment of wages (amendment) act, 1982 | the whole || 1982 | 50 | the amritsar oil works (acquisition and transfer | the whole || of undertakings) act, 1982 | | | || 1982 | 58 | the central excise laws (amendment and | the whole || validation) act, 1982 | | | || 1982 | 68 | the drugs and cosmetics (amendment) act, 1982 | so much as is not || repealed | | | || 1983 | 29 | the national oilseeds and vegetable oils | the whole || development board act, 1983 | | | || 1983 | 40 | the textile undertakings (taking over of | the whole || management) act, 1983 | | | || 1983 | 44 | the indian railways (amendment) act, 1983 | so much as is not || repealed | | | || 1984 | 1 | the banking laws (amendment) act, 1983 | the whole || 1 | 2 | 3 | 4 ||--------------------------------------------|-----------|--------------------------------------------------|-------------------|| 1984 | 16 | the ganesh flour mills company limited | the whole || (acquisition and transfer of undertakings) | | | || act, 1984 | | | || 1984 | 26 | the payment of gratuity (second amendment) | so much as is not || act, 1984 | repealed | | || 1984 | 33 | the mogul line limited (acquisition of shares) | the whole || act, 1984 | | | || 1984 | 34 | the essential commodities (amendment) | the whole || act, 1984 | | | || 1984 | 38 | the delhi development (amendment) act, 1984 | the whole || 1984 | 45 | the employees' state insurance (amendment) | so much as is not || act, 1984 | repealed | | || 1984 | 53 | the estate duty (amendment) act, 1984 | the whole || 1984 | 54 | the levy sugar price equalisation fund | so much as is not || (amendment) act, 1984 | repealed | | || 1984 | 59 | the university grants commission (amendment) | so much as is not || act, 1984 | repealed | | || 1984 | 63 | the dowry prohibition (amendment) act, 1984 | the whole || 1984 | 67 | the taxation laws (amendment) act, 1984 | the whole || 1985 | 3 | the general insurance business (nationalisation) | so much as is not || amendment act, 1985 | repealed | | || 1985 | 83 | the futwah-islampur light railway line | the whole || (nationalisation) act, 1985 | | | || 1986 | 33 | the merchant shipping (amendment) act, 1986 | so much as is not || repealed | | | || 1986 | 66 | the shipping development fund committee | the whole || (abolition) act, 1986 | | | || 1987 | 27 | the national security (amendment) act, 1987 | the whole || 1987 | 43 | the constitution (scheduled tribes) order | the whole || (amendment) act, 1987 | | | || 1989 | 3 | the direct tax laws (amendment) act, 1989 | the whole || 1989 | 29 | the employees' state insurance (amendment) | so much as is not || act, 1989 | repealed | | || 1991 | 2 | the taxation laws (amendment) act, 1991 | the whole except || section 6 | | | || 1991 | 34 | the consumer protection (amendment) act, 1991 | so much as is not || repealed | | | || 1991 | 44 | the wildlife (protection) amendment act, 1991 | so much as is not || repealed | | | || 1991 | 60 | the delhi high court (amendment) act, 1991 | so much as is not || repealed | | | || 1993 | 49 | the betwa river board (amendment) act, 1993 | so much as is not || repealed | | | || 1 | 2 | 3 | 4 ||-------------------------------------------------|-----|---------------------------------------------------------------|------------------|| 1994 | 27 | the punjab gram panchayat, samitis and zilla | the whole || parishad (chandigarh repeal) act, 1994 | | | || 1999 | 2 | the cotton ginning and pressing factories (repeal) the whole | || act, 1998 | | | || 1999 | 4 | the railway claims tribunal (amendment) | the whole || act, 1998 | | | || 1999 | 11 | the income-tax (second amendment) act, 1998 | the whole || 1999 | 17 | the patents (amendment) act, 1999 | the whole || 1999 | 21 | the companies (amendment) act, 1999 | the whole || 1999 | 28 | the income-tax (amendment) act, 1999 | the whole || 1999 | 38 | the mines and minerals (regulation and | the whole || development) amendment act, 1999 | | | || 2000 | 2 | the telecom regulatory authority of india | the whole || (amendment) act, 2000 | | | || 2000 | 19 | the cotton textiles cess (repeal) act, 2000 | the whole || 2000 | 24 | the indian companies (foreign interests) and the | the whole || companies (temporary restrictions on dividends) | | | || repeal act, 2000 | | | || 2000 | 25 | the cotton cloth (repeal) act, 2000 | the whole || 2000 | 26 | the iron and steel (amalgamation and takeover | the whole || laws) repeal act, 2000 | | | || 2000 | 27 | the motor vehicles (amendment) act, 2000 | the whole || 2000 | 31 | the army and air force (disposal of private | the whole || property) amendment act, 2000 | | | || 2000 | 32 | the indian power alcohol (repeal) act, 2000 | the whole || 2000 | 33 | the all-india institute of medical sciences | the whole || (amendment) act, 2000 | | | || 2000 | 36 | the cable television networks (regulation) | the whole || amendment act, 2000 | | | || 2000 | 38 | the rehabilitation council of india (amendment) | the whole || act, 2000 | | | || 2000 | 46 | the workmen's compensation (amendment) | the whole || act, 2000 | | | || 2000 | 47 | the passport (entry into india) amendment | the whole || act, 2000 | | | || 2000 | 51 | the aircraft (amendment) act, 2000 | the whole || 2000 | 53 | the companies (amendment) act, 2000 | the whole || 2001 | 1 | the taxation laws (amendment) act, 2000 | the whole except || section 5 | | | || 2001 | 4 | the taxation laws (amendment) act, 2001 | the whole except || section 8 | | | || 1 | 2 | 3 | 4 ||------------------------------------------------|-----|-------------------------------------------------------------|------------|| 2001 | 11 | the insurance laws (transfer of business and | the whole || emergency provisions) repeal act, 2001 | | | || 2001 | 17 | the up sugarcane cess (validation) repeal | the whole || act, 2001 | | | || 2001 | 18 | the post-graduate institute of medical | the whole || education and research, chandigarh (amendment) | | | || act, 2001 | | | || 2001 | 20 | the banking companies (legal practitioners' | the whole || clients' accounts) repeal act, 2001 | | | || 2001 | 21 | the electricity regulatory commissions | the whole || (amendment) act, 2001 | | | || 2001 | 28 | the live-stock importation (amendment) act, 2001 | the whole || 2001 | 31 | the trade unions (amendment) act, 2001 | the whole || 2001 | 32 | the pre-natal diagnostic techniques (regulation | the whole || and prevention of misuse) amendment act, 2001 | | | || 2001 | 34 | the indian medical council (amendment) act, 2001 the whole | || 2001 | 35 | the sugarcane cess (validation) repeal act, 2001 | the whole || 2001 | 44 | the salaries and allowances of ministers | the whole || (amendment) act, 2001 | | | || 2001 | 55 | the national commission for safai karamcharis | the whole || (amendment) act, 2001 | | | || 2001 | 56 | the cine-workers welfare fund (amendment) | the whole || act, 2001 | | | || 2001 | 57 | the companies (amendment) act, 2001 | the whole || 2002 | 13 | the jute manufactures cess (amendment) | the whole || act, 2002 | | | || 2002 | 17 | the passports (amendment) act, 2002 | the whole || 2002 | 24 | the all-india institute of medical sciences | the whole || (amendment) act, 2002 | | | || 2002 | 25 | the constitution (scheduled castes) order | the whole || (amendment) act, 2002 | | | || 2002 | 32 | the constitution (scheduled castes and | the whole || scheduled tribes) orders (amendment) act, 2002 | | | || 2002 | 44 | the coast guard (amendment) act, 2002 | the whole || 2002 | 45 | the national co-operative development | the whole || corporation (amendment) act, 2002 | | | || 2002 | 50 | the petroleum (berar extension) repeal act, 2002 | the whole || 2002 | 61 | the constitution (scheduled castes) orders | the whole || (second amendment) act, 2002 | | | || 2002 | 63 | the merchant shipping (amendment) act, 2002 | the whole || 2002 | 64 | the medical termination of pregnancy | the whole || (amendment) act, 2002 | | | || 1 | 2 | 3 | 4 ||-----------------------------------------------|-----|--------------------------------------------------------------|------------|| 2003 | 1 | the companies (amendment) act, 2002 | the whole || 2003 | 14 | the pre-natal diagnostic techniques (regulation | the whole || and prevention of misuse) amendment act, 2002 | | | || 2003 | 16 | the wildlife (protection) (amendment) act, 2002 | the whole || 2003 | 19 | the water (prevention and control of pollution) | the whole || cess (amendment) act, 2003 | | | || 2003 | 29 | the banking service commission (repeal) act, 2003 the whole | || 2003 | 38 | the infant milk substitutes, feeding bottles and | the whole || infant food (regulation of production, | | | || supply and distribution) amendment act, 2003 | | | || 2003 | 43 | the airports authority of india (amendment) | the whole || act, 2003 | | | || 2003 | 47 | the constitution (scheduled tribes) order | the whole || (amendment) act, 2003 | | | || 2003 | 52 | the railway protection force (amendment) | the whole || act, 2003 | | | || 2003 | 54 | the taxation laws (amendment) act, 2003 | the whole || 2003 | 56 | the railways (amendment) act, 2003 | the whole || 2003 | 57 | the electricity (amendment) act, 2003 | the whole || 2004 | 5 | the indian council of world affairs (amendment) | the whole || act, 2003 | | | || 2004 | 8 | the indian telegraph (amendment) act, 2003 | the whole || 2004 | 25 | the customs and central excise laws (repeal) | the whole || act, 2004 | | | || 2005 | 15 | the patents (amendment) act, 2005 | the whole || 2005 | 23 | the navy (amendment) act, 2005 | the whole || 2005 | 41 | the payment of wages (amendment) act, 2005 | the whole || 2005 | 47 | the railways (amendment) act, 2005 | the whole || 2005 | 55 | the taxation laws (amendment) act, 2005 | the whole || 2006 | 7 | the cost and works accountants (amendment) | the whole || act, 2006 | | | || 2006 | 8 | the company secretaries (amendment) act, 2006 | the whole || 2006 | 9 | the chartered accountants (amendment) act, 2006 the whole | || 2006 | 23 | the companies (amendment) act, 2006 | the whole || 2006 | 33 | the juvenile justice (care and protection of | the whole || children) amendment act, 2006 | | | || 2006 | 39 | the wildlife (protection) amendment act, 2006 | the whole || 2006 | 42 | the central silk board (amendment) act, 2006 | the whole || 2006 | 48 | the constitution (scheduled tribes) order | the whole || amendment act, 2006 | | | || 1 | 2 | 3 | 4 ||--------------------------------------------------|-----|-----------------------------------------------------|------------|| 2006 | 57 | the indian telegraph (amendment) act, 2006 | the whole || 2007 | 4 | the commissions for protection of child rights | the whole || (amendment) act, 2006 | | | || 2007 | 25 | the cable television networks (regulation) | the whole || amendment act, 2007 | | | || 2007 | 26 | the electricity (amendment) act, 2007 | the whole || 2007 | 31 | the constitution (scheduled castes) order | the whole || (amendment) act, 2007 | | | || 2007 | 36 | the apprentices (amendment) act, 2007 | the whole || 2007 | 38 | the cigarettes and other tobacco products | the whole || (prohibition of advertisement and regulation | | | || of trade and commerce, production, supply | | | || and distribution) amendment act, 2007 | | | || 2007 | 42 | the all-india institute of medical sciences and the | the whole || post-graduate institute of medical education and | | | || research (amendment) act, 2007 | | | || 2007 | 44 | the aircraft (amendment) act, 2007 | the whole || 2007 | 45 | the payment of bonus (amendment) act, 2007 | the whole || 2007 | 49 | the indian boilers (amendment) act, 2007 | the whole || 2008 | 11 | the railways (amendment) act, 2008 | the whole || 2008 | 12 | the prasar bharati (broadcasting corporation of | the whole || india) amendment act, 2008 | | | || 2008 | 13 | the food safety and standards (amendment) | the whole || act, 2008 | | | || 2008 | 14 | the constitution (scheduled tribes) order | the whole || (amendment) act, 2008 | | | || 2008 | 15 | the maternity benefit (amendment) act, 2008 | the whole || 2008 | 26 | the drugs and cosmetics (amendment) act, 2008 | the whole || 2009 | 2 | the constitution (scheduled tribes) (union | the whole || territories) order (amendment) act, 2008 | | | || 2009 | 3 | the post-graduate institute of medical | the whole || education and research, chandigarh | | | || (amendment) act, 2008 | | | || 2009 | 10 | the information technology (amendment) | the whole || act, 2008 | | | || 2009 | 28 | the carriage by air (amendment) act, 2009 | the whole || 2009 | 34 | the metro railways (amendment) act, 2009 | the whole || 2009 | 45 | the workmen's compensation (amendment) | the whole || act, 2009 | | | || 2009 | 46 | the national rural employment guarantee | the whole || (amendment) act, 2009 | | | || 2009 | 47 | the payment of gratuity (amendment) act, 2009 | the whole || 1 | 2 | 3 | 4 ||------------------------------------------------|-----|-------------------------------------------------------------|------------|| 2010 | 2 | the salaries and allowances of ministers | the whole || (amendment) act, 2009 | | | || 2010 | 15 | the payment of gratuity (amendment) act, 2010 | the whole || 2010 | 17 | the plantations labour (amendment) act, 2010 | the whole || 2010 | 18 | the employees' state insurance (amendment) | the whole || act, 2010 | | | || 2010 | 24 | the industrial disputes (amendment) act, 2010 | the whole || 2010 | 25 | the foreign trade (development and regulation) | the whole || amendment act, 2010 | | | || 2010 | 26 | the securities and insurance laws (amendment | the whole || and validation) act, 2010 | | | || 2010 | 28 | the energy conservation (amendment) act, 2010 | the whole || 2010 | 32 | the indian medical council (amendment) act, 2010 the whole | || 2010 | 34 | the mines and minerals (development and | the whole || regulation) amendment act, 2010 | | | || 2010 | 35 | the essential commodities (amendment) act, 2010 | the whole || 2011 | 10 | the jawaharlal institute of post-graduate medical | the whole || education and research, puducherry (amendment) | | | || act, 2011 | | | || 2011 | 12 | the juvenile justice (care and protection of | the whole || children) amendment act, 2011 | | | || 2011 | 13 | the indian medical council (amendment) act, 2011 the whole | || 2011 | 18 | the national council for teacher education | the whole || (amendment) act, 2011 | | | || 2011 | 21 | the cable television networks (regulation) | the whole || amendment act, 2011 | | | || 2012 | 1 | the damodar valley corporation (amendment) | the whole || act, 2011 | | | || 2012 | 2 | the constitution (scheduled tribes) order | the whole || (amendment) act, 2011 | | | || 2012 | 3 | the chartered accountants (amendment) act, 2011 the whole | || 2012 | 4 | the company secretaries (amendment) act, 2011 | the whole || 2012 | 6 | the prasar bharati (broadcasting corporation of | the whole || india) amendment act, 2011 | | | || 2012 | 9 | the petroleum and minerals pipelines | the whole || (acquisition of right of user in land) | | | || amendment act, 2011 | | | || 2012 | 10 | the cost and works accountants (amendment) | the whole || act, 2011 | | | || 2012 | 20 | the indian medical council (amendment) act, 2012 the whole | || 2012 | 24 | the constitution (scheduled tribes) order | the whole || (amendment) act, 2012 | | | || 1 | 2 | 3 | 4 ||---------------------------------|-----|-----------------------------------------------------------|-------------------|| 2012 | 25 | the railway property (unlawful possession) | the whole || amendment act, 2012 | | | || 2012 | 30 | the right of children to free and compulsory | the whole || education (amendment) act, 2012 | | | || 2012 | 37 | the all-india institute of medical sciences | the whole || (amendment) act, 2012 | | | || 2013 | 2 | the prevention of money-laundering (amendment) the whole | || act, 2012 | | | || 2013 | 3 | the unlawful activities (prevention) amendment | the whole || act, 2012 | | | || 2013 | 13 | the criminal law (amendment) act, 2013 | the whole || 2013 | 19 | the national highways authority of india | the whole || (amendment) act, 2013 | | | || 2013 | 22 | the securities and exchange board of india | the whole || (amendment) act, 2013 | | | || 2013 | 24 | the constitution (scheduled tribes) order | the whole || (amendment) act, 2013 | | | || 2013 | 29 | the representation of the people (amendment | sections 2 and 3 || and validation) act, 2013 | | | | the second schedule (see section 3) amendments| | year | no | short title amendments ||------------------------------------------|--------|-------------------------------------|----------------------------------------------------------------------|| 2013 | 14 | the sexual harassment of | in sections 6, 7 and 24,— || women at work place | | | || (prevention, prohibition and | | | || redressal) act, 2013 | | | || ( | i | ) for the words "local complaints | || committee", wherever they occur, the | | | || words "local committee" shall be | | | || substituted; | | | || ( | ii | )for the words "internal complaints | || committee", wherever they occur, the | | | || words "internal committee" shall be | | | || substituted | | | || 2014 | 8 | the governors (emoluments, | in section 2,— || allowances and privileges) | | | || amendment act, 2014 | | | || ( | i | ) the words and figure "section 2 | || of" shall be omitted; | | | || ( | ii | ) after the brackets and words | || "(hereinafter referred to as the princi- | | | || pal act)", insert the words and figure | | | || "in section 2" | | | | statement of objects and reasonsthe central government's resolve to bring reform in the legal system of the country, to make it more accessible to the common man and to imbibe the principles of rule of law, has, inter-alia, began with the review of enactments which are obsolete, redundant and unnecessary in fulfilment of this objective, the central government has undertaken a comprehensive review of laws and the legal system with a view to remove incoherent and redundant laws2 the primary initiative in this direction was taken to constitute a committee to review the laws which are obsolete and redundant and can be repealed a two member committee was constituted for review of obsolete laws for repeal the said committee, based on various reports of the law commission and p c jain commission, examined the central acts which are not relevant or no longer needed and which can be repealed either in whole or in part3 the two member committee identified 1741 central acts out of existing 2781 central acts lying on the statute-book as on 15th october, 2014 the acts identified for repeal by the said committee are categorized as (i) 777 central acts identified for repeal wholly or in part; (ii) 83 central acts relating to state subjects to be repealed by state legislatures; (iii)624 central appropriation acts enacted up to the year 2010; and (iv) 257 appropriation acts enacted by parliament for the states under president's rule to be repealed by such states the law commission, in its 248th, 249th, 250th and 251st reports on "obsolete laws: warranting immediate repeal", inter alia, recommended for repeal of 289 acts4 as a step forward towards this direction, the central government has undertaken the following initiatives towards achieving its objective to repeal obsolete and redundant laws the following acts, namely, (i) the repealing and amending act, 2015 (17 of 2015) to repeal 35 acts; (ii) the repealing and amending (second) act, 2015 (19 of 2015) to repeal 90acts have been enacted and (iii) the appropriation acts (repeal) bill, 2015 (to repeal 758appropriation acts) as passed by the house of the people on 11th may, 2015 is pending in the council of states on remaining acts, action for repeal is at different stages5 as part of the ongoing initiative of the central government, the present proposal is to repeal 295 obsolete and redundant laws lying unnecessarily on the statute-book an appropriate saving clause has been incorporated in the bill on being enacted, it would reduce obsolete laws and bring in clarity to those for whose benefit the laws are enacted6 the bill seeks to achieve the aforesaid objectivesnew delhi;the 20th july, 2015 annexure extracts from the sexual harassment of women at work place prevention, prohibition and redressal act, 2013 (14 of 2013)6 (1) every district officer shall constitute in the district concerned, a committee to be known as the "local complaints committee" to receive complaints of sexual harassment from establishments where the internal complaints committee has not been constituted due to having less than ten workers or if the complaint is against the employer himselfconstitution and jurisdiction of local complaints committee(2) the district officer shall designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned local complaints committee within a period of seven days(3) the jurisdiction of the local complaints committee shall extend to the areas of the district where it is constituted7 (1) the local complaints committee shall consist of the following members to be nominated by the district officer, namely:-—(a) a chairperson to be nominated from amongst the eminent women in the field of social work and committed to the cause of women;composition tenure and other terms and conditions of local complaints committee(b) one member to be nominated from amongst the women working in block, taluka or tehsil or ward or municipality in the district;(c) two members, of whom at least one shall be a woman, to be nominated from amongst such non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, which may be prescribed:provided that at least one of the nominees should, preferably, have a background in law or legal knowledge:provided further that at least one of the nominees shall be a woman belonging to the scheduled castes or the scheduled tribes or the other backward classes or minority community notified by the central government, from time to time;(d) the concerned officer dealing with the social welfare or women and child development in the district, shall be a member, ex officio (2) the chairperson and every member of the local committee shall hold office for such period, not exceeding three years, from the date of their appointment as may be specified by the district officer(3) where the chairperson or any member of the local complaints committee—(a) contravenes the provisions of section 16; or (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or(c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or(d) has so abused his position as to render his continuance in office prejudicial to the public interest, such chairperson or member, as the case may be, shall be removed from the committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section(4) the chairperson and members of the local committee other than the members nominated under clauses (b) and (d) of sub-section (1) shall be entitled to such fees or allowances for holding the proceedings of the local committee as may be prescribed 24 the appropriate government may, subject to the availability of financial and other resources,—appropriate government to take measures to publicise the act(a) develop relevant information, education, communication and training materials, and organise awareness programmes, to advance the understanding of the public of the provisions of this act providing for protection against sexual harassment of woman at workplace;(b) formulate orientation and training programmes for the members of the local complaints committee ———— extract from the governors (emoluments, allowances and previleges) amendment act, 2014 (8 of 2014) 3 of 1982amendment of section 22 in section 2 of the governors (emoluments, allowances and privileges) act, 1982(hereinafter referred to as the principal act), for clause (a), the following clauses shall be substituted, namely:—'(a) "ex-governor" means a person who has been the governor of a state or two or more states;(aa) "governor" means the governor, or any person discharging the functions of the governor, of any state or of two or more states;' lok sabha———— a billto repeal certain enactments and to amend certain other enactments————

Parliament_bills

d23a1598-5f6c-541c-95ed-e6208587d3df

bill no 81 of 2015 the appropriation (railways) bill, 2015 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2014-15 for the purposes of railways be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) act, 2015issue of rs 5871,48,43,000 out of the consolidated fund of india for the financial year 2014-15appropriation the schedule| ( | see | sections 2 and 3) ||----------------------------------------------------------|-------------------------------------------------------------|---------------------|| 1 | 2 | 3 || no of | sums not exceeding | || vote | services and purposes | voted by || parliament | consolidated | total || 3 | general superintendence and services on railways | || 4 | repairs and maintenance of permanent way and works | 136,05,62,000 || 5 | repairs and maintenance of motive power | 255,06,59,000 || 6 | repairs and maintenance of carriages and wagons | 413,49,50,000 || 7 | repairs and maintenance of plant and equipment | 112,77,11,000 || 8 | operating expenses - rolling stock and equipment | 839,37,77,000 || 9 | operating expenses - traffic | || 11 | staff welfare and amenities | 65,83,80,000 || 12 | miscellaneous working expenses | 315,82,25,000 || 13 | provident fund, pension and other retirement benefits | 350,00,00,000 || 14 | appropriation to funds | 2814,72,00,000 || 15 | dividend to general revenues, repayment of loans taken from | || general revenues and amortisation of over-capitalisation | 39,13,00,000 | || 16 | assets–acquisition, construction and replacement– | || other expenditure | | || capital | | 57,23,05,000 || railway funds | 465,65,16,000 | || railway safety fund | 1,89,65,000 | || t | | || o t a l | | || : | 5809,82,45,000 | 61,65,98,000 |fundrsrsrs statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government on railways for the financial year 2014-15suresh prabhu———— president's recommendation under article 117 of the constitution of india————[copy of letter no 2014-b-402/2 dated 2 march, 2015 from shri suresh prabhu, minister of railways to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2014-15 for the purposes of railways, recommends under clauses (1) and (3) of article 117 of the constitution of india, read with clause (2) of article 115 thereof, introduction in and consideration by lok sabha, of the appropriation bill———————— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2014-15for the purposes of railways————(shri suresh prabhu, minister of railways)gmgipmrnd—5151ls(s3)—05032015

Parliament_bills

c28c56e9-ac18-51b2-a7bb-cf4768d22686

bill no 5 of 2009 the national commission for minority educational institutions (amendment) bill, 2009 a billfurther to amend the national commission for minority educational institutions act,2004be it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the national commission for minority educational institutions(amendment) act, 2009amendment of section 22 of 200552 in section 2 of the national commission for minority educational institutions act,2004 (hereinafter referred to as the principal act), for clause (g), the following clause shall be substituted, namely:—'(g) "minority educational institutions" means a college or an educational institution established and administered by a minority or minorities;'amendment of section 3103 in section 3 of the principal act, in sub-section (2), for the words "two members", the words "three members" shall be substitutedamendment of section 104 in section 10 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—5"(1) subject to the provisions contained in any other law for the time being in force, any person, who desires to establish a minority educational institution may apply to the competent authority for the grant of no objection certificate for the said purpose" 5 in section 12b of the principal act, in sub-section (4), the words "and in consultation with the state government" shall be omittedamendment of section 12b statement of objects and reasonsthe national commission for minority educational institutions act, 2004 (2 of 2005)has been enacted to constitute a national commission for minority educational institutions and to provide for matters connected therewith or incidental thereto the functions entrusted to the national commission for minority educational institutions are (a) to advise the central government or any state government on any question relating to the education of minorities that may be referred to it; (b) to enquire, suo motu, or on a petition presented to it by any minority educational institution, or any person on its behalf into complaints regarding deprivation or violation of rights of minorities to establish and administer educational institutions of their choice and any dispute relating to affiliation to a university and report its finding to the appropriate government for its implementation; (c) to intervene in any proceeding involving any deprivation or violation of the educational rights of the minorities before a court with the leave of such court; (d) to review the safeguards provided by or under the constitution, or any law for the time being in force, for the protection of educational rights of the minorities and recommend measures for their effective implementation; (e) to specify measures to promote and preserve the minority status and character of institutions of their choice established by minorities; (f) to decide all questions relating to the status of any institution as a minority educational institution and declare its status as such; (g) to make recommendations to the appropriate government for the effective implementation of programmes and schemes relating to the minority educational institutions; and (h) to do such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the commission2 the commission which has been in existence for four years, has faced certain practical difficulties in implementing some of the provisions of the aforesaid act the government of india in the ministry of human resource development has also, from time to time, received several suggestions in regard to the aforesaid act from various crosssections of the minorities, which were referred to the commission the commission has considered views and suggestions expressed by various stake-holders and have recommended certain amendments to the aforesaid act3 clause (g) of section 2 of the national commission for minority educational institutions act, 2004 defines the minority educational institutions which means a college or institution (other than a university) established or maintained by a person or group of persons from amongst the minorities it is proposed to substitute the said definition by a new definition so as to omit the words (other than a university) and substitute the words "establish and administer" for the words "established or maintained" the proposed amendment is clarificatory in nature4 sub-section (2) of section 3 of the aforesaid act provides that the national commission for minority educational institutions shall consist of a chairperson and two members to be nominated by the central government it is proposed to increase the number of the said two members to three5 section 10 of the aforesaid act confers right upon any person to establish a minority educational institution subject to the provisions contained therein sub-section (1) of the said section 10 provides that any person who desires to establish a minority educational institution may apply to the competent authority for the grant of no objection certificate for the said purpose it is proposed to amend the said sub-section (1) so as to provide that the provisions of the aforesaid sub-section (1) shall be subject to the provisions of any other law for the time being in force6 section 12b of the aforesaid act confers power upon the national commission for minority educational institutions to decide on the minority status of an educational institution sub-section (4) of said section 12b provides that the commission may, after giving the parties to the appeal an opportunity of being heard, and in consultation with the state government, decide on the minority status of the educational institution and shall proceed to give such directions as it may deem fit and, all such directions shall be binding on the parties it is proposed to do away with the requirement of consultation with the state government for the purpose of deciding on the status of the minority educational institution, as in certain cases the state government or its agency may be a parts before the commission7 the bill seeks to achieve the above objectives arjun singhnew delhi;the 10th february, 2009 annexure extracts from the national commission for minority educational institutions act, 2004 (2 of 2005) 2 in this act unless the context otherwise requires,—definitions (g) "minority educational institution" means a college or institution (other than a university) established or maintained by a person or group of persons from amongst the minorities; chapter ii the national commission for minority educational institutions3 (1) (2) the commission shall consist of a chairperson and two members to be nominated by the central governmentconstitution of national commission for minority educational institutions chapter iii rights of a minority educational institution10 (1) any person who desires to establish a minority educational institution may apply to the competent authority for the grant of no objection certificate for the said purpose right to establish a minority educational institution12b (1) power of commission to decide on the minority status of an educational institution(4) on receipt of the appeal under sub-section (3), the commission may, after giving the parties to the appeal an opportunity of being heard, and in consultation with the state government, decide on the minority status of the educational institution and shall proceed to give such directions as it may deem fit and, all such directions shall be binding on the partiesexplanation—for the purposes of this section and section 12c, "authority" means any authority or officer or commission which is established under any law for the time being in force or under any order of the appropriate government, for the purpose of granting a certificate of minority status to an educational institution ———— a bill further to amend the national commission for minority educational institutions act, 2004————(shri arjun singh, minister of human resource development)gmgipmrnd—509ls(s5)—11-02-2009

Parliament_bills

c438eb91-8a80-5ea5-bf91-4bf5e83d4a97

bill no lxii of 2013 the representation of the people (second amendment and validation) bill, 2013 a bill further to amend the representation of the people act, 1951be it enacted by parliament in the sixty-fourth year of the republic of india as follows:––short title and commencement1 (1) this act may be called the representation of the people (second amendment and validation) act, 2013(2) it shall be deemed to have come into force on the 10th day of july, 2013 2 in the representation of the people act, 1951, in section 8, for sub-section (4), the following sub-section shall be substituted, namely:––"(4) notwithstanding anything contained in sub-section (1), sub-section (2) or sub-section (3), a disqualification under any of the said sub-sections shall not, in the case of a person who on the date of the conviction is a member of parliament or the legislature of a state, take effect, if an appeal or application for revision is filed in respect of the conviction and sentence within a period of ninety days from the date of conviction and such conviction or sentence is stayed by the court:5provided that after the date of the conviction and until the date on which the conviction is set aside by the court, the member shall neither be entitled to vote nor draw salary and allowances, but may continue to take part in the proceedings of parliament or the legislature of a state, as the case may be''validation10 3 notwithstanding anything contained in any judgment, decree or order of anycourt, tribunal or other authority, the provisions of the representation of the people act, 1951, as amended by this act, shall have and shall be deemed always to have effect for all purposes as if the provisions of this act had been in force at all material times43 of 1951 statement of objects and reasonsthe representation of the people act, 1951 provides for the conduct of elections of the houses of parliament and the house or houses of the legislature of each state, the qualifications and disqualifications for membership of those houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections2 section 8 of the said act provides that a person convicted of an offence mentioned in the said section shall be disqualified from the date of conviction and the disqualification is to be continued for such period as specified in that section sub-section (4) thereof carves out an exception providing that the disqualification under sub-sections (1), (2) or (3) of the said section shall not take effect in the case of a sitting member of parliament or the legislature of a state until three months being elapsed from the date of conviction or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court3 the saving provision, provided in sub-section (4) of section 8 of the said act, was challenged by way of public interest litigation before the supreme court in lilly thomas vsunion of india and others [wp (civil) no 490 of 2005] a division bench of the supreme court, by its judgment dated 10th july, 2013 has held in the said case that parliament has no power to enact sub-section (4) of section 8 of the said act and declared that the said provision is ultra vires the constitution and the judgment be given prospective effect4 the government has examined the said judgment of the supreme court and has filed a petition for review of the same in consultation with the learned attorney-general for india further, the government is of the view that without waiting for the outcome of the said review petition, there is a need for suitably addressing the situation arising out of the said judgment of the supreme court therefore, it has been proposed to amend the said act5 the amendment proposed in the representation of the people (second amendment and validation) bill, 2013, inter alia, is to substitute sub-section (4) of section 8, so as to provide that the disqualification in view of conviction under sub-sections (1), (2) or (3) of the said section in respect of a member of parliament or the legislature of a state shall not take effect, if an appeal or application for revision is filed in respect of the conviction and sentence within a period of ninety days from the date of conviction and such conviction or sentence is stayed by a court, and further to provide that after the date of conviction and until the date on which the conviction is set aside by the court, the member shall neither be entitled to vote nor draw salary and allowances, but may continue to take part in the proceedings of parliament or the legislature of a state, as the case may be6 the bill seeks to achieve the above objectivesnew delhi;kapil sibalthe 23rd august, 2013 annexure extract from the representation of the people act, 1951 (43 of 1951) 8 (1) disqualification on conviction for certain offences (4) notwithstanding anything in sub-section (1), sub-section (2) or sub-section (3)a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of parliament or the legislature of a state, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the courtexplanation—in this section,—(a) "law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notification having the force of law, providing for—(i) the regulation of production or manufacture of any essential commodity;(ii) the control of price at which any essential commodity may be brought or sold;(iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity;(iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;23 of 1940(b) "drug" has the meaning assigned to it in the drugs and cosmetics act, 1940;10 of 1955(c) "essential commodity" has the meaning assigned to it in the essential commodities act, 1955;37 of 1954(d) "food" has the meaning assigned to it in the prevention of food adulteration act, 1954 rajya sabha————— a billfurther to amend the representation of the people act, 1951—————(shri kapil sibal, minister of law and justice)gmgipmrnd—2428rs—29082013

Parliament_bills

a12de0ae-223e-5023-9cf9-24d292d0bc14

the appropriation (no5) bill, 19s~ (as introduced in lot< sabila on 25th august, 1959) the appropriation (no s) bill, 1959 (as introducedln lok sabra)a bill to provide for the authorisation of appropriation of money" out of the consolidated fund of india to meet the amounts spent 07l certain services during the financial year ended on the 31st day of march, 1957, in excess of the amounts granted for those services and for that year be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the appropriation (no5) act, 1959 shon title ~ z from and out of the consolidated fund of india, the sums issue of specified in column 3 of the schedule amounting in the aggregate ri 8,]10(,81 ~2i out to the sum of eight crores, thirty-one lakhs eighty-one thousand, the coi1lolithree hundred and twenty-one rupqes shall be deemed to have been drareid d~wui o illato authorised to be paid and applied to meet the amount spent for meet certail1 dcfraving the charges in respect of the services specified in column csceds,st cfolt- pen lure r 10 2 of the schedule during the financial year ended on the 31st day of the year march, 1957, in excess of the amounts granted for those services and ~~~:n:t for that year 1957 3 the sums deemed to have been authorised to be paid and appro- applied from and out of the consolidated fund of india under this priauol j' act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 1957 (s,e aectiom 1 and 3) exces~ no of vote voted charged total ri ri ri defence semces-bft'ective--army defence servicet-bffective-air force ""9004 10 misceumeou e '<pendjture undet- the ministry of external affair pre-~ payments 1,955j7 ministry of heail 11 47 1,733 police 54 s6 privy purses and auowanea of indian rulen 88,77~ minicoy and aniiddivi 57a laccadive, blands broedcalltillj other orpniiatioftl under the ministry of production 6630,638 66,30,63k supplies r03 4038,827 ",,:38,827 103 other civil worb 11 ~7,1:j6 6,6380,830 department of atomic enersy 106 %,951 2~ defence- capital outlay commuted value of pel\8ion1 purchase of poodpoains 135 other capital outlay of the mjnjstry of lrription and povi'er 28,90,2]8 30 statement oi<~ objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the money: required to meet the expenditurp incurred in excess of the appropriations charged on the fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 31st day of march, 1957 nf:w delhi; morarji desai the 24th august, 1959 a billto provide fer the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain service~ during the financial year ended on the 31st day of march, 1957, in excess of the amounti granted for those services and for that year the president has, in pursuance of clauses (i) andl(3) of article 117 of the constitution of india, recomended to lok sabha the introduction and consideration of the bill - \1 n kaul, secretary; (shri morarji desai, m"mster oj finana) gmg ipnd-lsi-7~5 (b) ls-24-8-59-1 ,850

Parliament_bills

c3758460-69dc-5956-9bd8-d5f62a41f38a

bill no xii of 2013 the readjustment of representation of scheduled castes and scheduled tribes in parliamentary and assembly constituencies bill, 2013 a billto provide for the readjustment of seats in the house of the people and in the legislativeassemblies of the states and for the readjustment of territorial constituencies therefor, insofar as such readjustment is necessitated by inclusion in or exclusion from the lists of the scheduled castes and the scheduled tribes and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:— 1 (1) this act may be called the readjustment of representation of scheduled castes and scheduled tribes in parliamentary and assembly constituencies act, 2013short title and commencement(2) it shall be deemed to have come into force on the 30th day of january, 201352 in this act, unless the context otherwise requires,—(b) "commission" means the election commission referred to in article 324 of the constitution;33 of 2002(c) "delimitation act" means the delimitation act, 2002; (d) "delimitation order" means the delimitation of parliamentary and assembly constituencies order, 2008;5(e) "last census" means the census held in india in 2001;10(f) "scheduled castes orders" means the constitution (scheduled castes) order,1950, the constitution (scheduled castes) (union territories) order, 1951, the constitution (dadra and nagar haveli) scheduled castes order, 1962 and the constitution (puducherry) scheduled castes order, 1964, made by the president under article 341 of the constitution;15(g) "scheduled tribes orders" means the constitution (scheduled tribes) order,1950, the constitution (scheduled tribes) (union territories) order, 1951, the constitution (scheduled tribes) (uttar pradesh) order, 1967 and the constitution (sikkim) scheduled tribes order, 1978, made by the president under article 342 of the constitution;(h) "state" includes a union territory having a legislative assembly but does not include the state of jammu and kashmir203 (1) as soon as may be after the commencement of this act, the population as at the last census, of the scheduled castes or, as the case may be, of the scheduled tribes, in each state shall be ascertained or estimated by the census commissionerestimation of population of scheduled castes and scheduled tribes25(2) where by reason of the amendments made in the scheduled castes orders and the scheduled tribes orders after the last census and up to the 31st may, 2012, the population of the scheduled castes or the scheduled tribes as at the last census is varied in a state, the census commissioner shall ascertain or estimate as on the 1st day of march, 2001, the population of the scheduled castes or the scheduled tribes so varied, and also ascertain or estimate the proportion of such population of the scheduled castes or the scheduled tribes, respectively, to the total population of the state in the last census(3) the population figures ascertained or estimated under sub-section (2) shall be notified by the census commissioner in the gazette of india30(4) the population figures so notified shall be taken to be the relevant population figures as ascertained or estimated at the last census and shall supersede any figures previously published; and the figures so notified shall be final and shall not be called in question in any court35readjustment of territorial constituencies by commission4043 of 19504 (1) after the population figures have been notified for any state under section 3, the commission shall make such amendments as may be necessary in the delimitation order, having regard to the provisions of articles 81, 170, 330 and 332 of the constitution, of section 8 of the delimitation act, and of this act, for the purpose of giving proper representation to the scheduled castes or, as the case may be, to the scheduled tribes of that state, and the first schedule and the second schedule to the representation of the people act, 1950 shall be deemed to have been amended accordingly(2) in making any amendments in the delimitation order under sub-section (1), the commission shall, as far as may be necessary, have regard to the provisions of clauses (c)and (d) of sub-section (1) of section 9 of the delimitation act45(3) the commission shall—(a) publish its proposals for the amendments in the gazette of india and the official gazette of the state concerned and also in such other manner as it thinks fit;(b) specify a date on or after which such proposals will be further considered by it; (c) consider all objections and suggestions which may have been received by it before the date so specified and for such consideration hold one or more public sittings at such place or places in each state as it thinks fit; and5(d) thereafter make necessary amendments in the delimitation orderprocedure and powers of commission5 (1) in the discharge of its functions under this act, the commission shall determine its own procedure and shall have all the powers of a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:—5 of 1908(a) summoning and enforcing the attendance of witnesses; (b) requiring the production of any document; and10(c) requisitioning any public record from any court or office (2) the commission shall have the power to require any person to furnish any information on such points or matters as, in the opinion of the commission, may be useful for, or relevant to, any matter under the consideration of the commission152 of 1974 (3) the commission shall be deemed to be a civil court for the purposes of sections345 and 346 of the code of criminal procedure, 1973explanation— for the purposes of enforcing the attendance of witnesses, the local limits of the jurisdiction of the commission shall be the limits of the territory of india20| 6 ||------------------------------------------------------------------------------------------|| order to be published in the gazette of india and in the official gazettes of the states || concerned || publication of || amendments || and their || dates of || operation |(2) upon publication in the gazette of india, every such amendment shall have the force of law and shall not be called in question in any court25(3) as soon as may be after such publication in the gazette of india, every such amendment shall be laid before the house of the people and the legislative assembly of the state concerned30(4) subject to the provisions of sub-section (5), the readjustment of seats and territorial constituencies in the house of the people or in the legislative assembly of a state necessitated by any amendments made by the commission in the delimitation order and provided for in that order as so amended shall apply in relation to every election to the house or, as the case may be, to the assembly, held after the publication of such amendments in the gazette of india and shall so apply in supersession of the provisions relating to representation contained in the representation of the people act, 195043 of 195035(5) nothing contained in the foregoing sub-sections shall affect the representation in the house of the people or in the legislative assembly of a state until the dissolution of the house or of the assembly, as the case may be, existing on the date of publication of the amendments made by the commission in the gazette of india7 (1) the commission may, from time to time, by notification in the gazette of india and in the official gazette of the state concerned, –certain other powers of commission40| ( | a | ) correct any printing mistake in the delimitation order as amended under this ||----------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| act, or any error occurring therein from any inadvertent slip or omission; and | | || ( | b | ) where the boundaries or the name of any district or any territorial division || mentioned in the said order are or is altered, make such amendments as appear to it to | | || be necessary or expedient for bringing the order up-to-date | | |45(2) every notification under this section shall be laid, as soon as may be after it is issued, before the house of the people and the legislative assembly of the state concernedvalidation of acts done previous to the commencement of act58 all things done, and all steps taken, before the commencement of this act by the census commissioner for the ascertainment or estimation of population of the scheduled castes and the scheduled tribes, or by the commission for the purpose of readjustment of seats and territorial constituencies shall, insofar as they are in conformity with the provisions of this act, be deemed to have been done or taken under these provisions as if such provisions were in force at the time such things were done or such steps were takenpower to remove difficulties109 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act(2) every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each house of parliament15repeal and savings10 (1) the readjustment of representation of scheduled castes and scheduled tribesin parliamentary and assembly constituencies ordinance, 2013 is hereby repealedord 2 of 2013(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 statement of objects and reasonsarticles 330 and 332 of the constitution provide for reservation of seats for the scheduled castes and the scheduled tribes respectively in the house of the people and in the legislative assemblies of the states, in proportion to their population articles 82 and 170 of the constitution provide for readjustment of seats after each census accordingly, the seats for the scheduled castes and scheduled tribes in the house of the people and legislative assemblies of the states have been readjusted as per census 20012 a writ petition (civil) no 540 of 2011, virendra pratap and another vs union of india and others was filed in the supreme court contending that by virtue of the scheduled castes and scheduled tribes orders (amendment) act, 2002 (no10 of 2003), several castes, which had not been included in the list of scheduled tribes, were included as scheduled tribes and despite such inclusion their representation in the delimitation of parliamentary and assembly constituencies order, 2008 was not done the supreme court vide its judgment dated the 10th january, 2012 directed the election commission of india to consider the case of the scheduled tribes which had been included in the list of the scheduled tribes by virtue of the scheduled castes and scheduled tribes orders (amendment) act, 2002 (no 10 of 2003) and to take appropriate steps for their representation in the house of the people as well as in the state legislative assembly pursuant thereto, the election commission desired that a legislation may be enacted specifically empowering the election commission to carry out re-adjustment of seats for the scheduled castes and scheduled tribes in the light of the revised population figures of the scheduled castes and the scheduled tribes, as may be ascertained and estimated by the census commissioner with reference to 1st march, 2001, after taking into account the population figures of the castes and tribes which have been declared as the scheduled castes and the scheduled tribes after publication of 2001 census3 after the census of 2001 and up to 31st may, 2012, several castes and tribes have been included in and excluded from the lists of the scheduled castes and scheduled tribes by eleven parliamentary amendment acts thus, there was an urgent need to review and restore the statutory rights of those castes and tribes so included and excluded all over the country4 as the parliament was not in session and immediate steps were required to be taken to implement the aforesaid judgment of the supreme court, the president was pleased to promulgate the readjustment of representation of scheduled castes and scheduled tribes in parliamentary and assembly constituencies ordinance, 2013 on the 30th january, 2013the ordinance inter alia provided as follows—(i) the census commissioner to ascertain and estimate the varied population figures of the scheduled castes and the scheduled tribes in the states as on the last census held in 2001 and to notify the same in the gazette of india;(ii) the election commission to make necessary amendments in the delimitation of parliamentary and assembly constituencies order, 2008 for the purpose of giving proper representation to the scheduled castes or the scheduled tribes in lok sabha and legislative assemblies of the states by readjustment of parliamentary and legislative assemblies territorial constituencies;(iii) the election commission of india to cause publication of amendments made in the existing delimitation order and dates of its operation;(iv) the election commission to make necessary correction of the errors in the said delimitation order and also to make necessary alterations therein, pursuant to any change in boundaries and name of any district or territorial division5 the bill seeks to replace the aforesaid ordinancenew delhi;ashwani kumarthe 14th february, 2013 memorandum regarding delegated legislationsub-clause (1) of clause 7 of the bill confers powers upon the election commission to make, by notification, correction of printing mistake or any error in the delimitation of parliamentary and assembly constituencies order, 2008 and also to make necessary amendments therein, pursuant to any change in boundaries and name of any district or territorial division2 sub-clause (1) of clause 9 of the bill confers powers upon the central government to issue orders to remove any difficulty which may arise to give effect to the provisions of the proposed enactment within a period of two years3 the notification issued by the election commission shall be laid, as soon as, it is issued, before each house of parliament and before the legislative assembly of the state concerned the order made by the central government shall be laid, as soon as, it is issued, before each house of parliament4 the matters in respect of which the notification may be issued or the order may be made are matters of procedure and administrative detail the delegation of legislative power is, therefore, of a normal character————— abillto provide for the readjustment of seats in the house of the people and in the legislativeassemblies of the states and for the readjustment of territorial constituencies therefor, insofar as such readjustment is necessitated by inclusion in or exclusion from the lists of the scheduled castes and the scheduled tribes and for matters connected therewith or incidental thereto—————(shri ashwani kumar, minister of law and justice)

Parliament_bills

4f095b1a-c055-57d9-bcc6-fac216f2601a

bill no 136 of 2011 the constitution (scheduled tribes) order ( second amendment) bill, 2011 a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the state of karnatakabe it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order (second amendment) act, 20112 in the schedule to the constitution (scheduled tribes) order, 1950 in part vi—karnataka, in entry 37, after "meda", insert ",medara"amendment of part vi of constitution (scheduled tribes) order, 1950 statement of objects and reasonsclause (25) of article 366 of the constitution defines "scheduled tribes" which means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution2 article 342 of the constitution provides that—(1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification 3 in view of the above consitutional provisions, the first list of scheduled tribes in karnataka was notified through the constitution (scheduled tribes) order, 1950 it has further been modified through the scheduled castes and scheduled tribes orders, (amendment) act, 1956, the scheduled castes and scheduled tribes lists (modification) order, 1956, the scheduled castes and scheduled tribes orders (amendment) act, 1976, the constitution (scheduled tribes) order (second amendment) act, 1991 and the scheduled castes and scheduled tribes orders (amendment) act, 20024 at present, there are 50 communities appearing in the list of scheduled tribes in state of karnataka to fulfil the long standing demand for considering the grant of scheduled tribes status to the "medara" community in the state of karnataka, it is proposed, on the recommendation of the state of karnataka, to amend the entry at serial no 37 occuring under part vi, relating to karnataka of the schedule to the constitution (scheduled tribes) order, 1950 and insert the 'medara' community after the community "meda" scheduled tribes of karnataka5 the bill seeks to achieve the aforesaid objectivesnew delhi;v kishore chandra deothe 16th december, 2011 financial memorandumthe bill seeks to amend the constitution (scheduled tribes) order, 1950, by including the community ''medara'' in the list of scheduled tribes in the state of karnataka by amending the existing entry 37 of part-vi of the said order2 the amendments in the list of scheduled tribes of karnataka will entail additional recurring and non-recurring expenditure from the consolidated fund of india on account of benefits likely to be provided to the persons belonging to the ''medara'' community out of continuing schemes meant for the welfare of the scheduled tribes the same will be accommodated within the annual plan and non-plan outlay of the ministry annexureextract from the constitution (scheduled tribes) order, 1950(co 22) the schedule part vi— karnataka 37 meda, medari, gauriga burud ———— a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the state of karnataka————(shri v kishore chandra deo minister of tribal affairs and panchayati raj)

Parliament_bills

fbef20d5-b521-5a3c-a5d5-e640c478ae0f

explanation—for the purposes of clause (e) and (f) of s section (4), any person holding a certificate of competency as ¢ marine engineer officer class i or class ii shall be deemed to be a duly certificated engineer of a fishing vessel, and for the purp of clause (g) of that sub-section, a person holding a certificat competency as engine driver of a sea-going ship shall be d to be a duly certificated engine driver of a fishing vessel", af 4, for settion 78 of the principal act, the following section substituted, namély:— substitution of new section for section 78 grades of certificates of "78 (1) certificates of competency shall be granted in with the provisions of this act for each of the i namiely;— competency extra master; master of a foreign-going ship; first mate of a foreign-going skipper grade t of a fishing vessel; 7 skipper grade ii of a fishing 5 : mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; + dredger master grade i; | _ dredger master grade ii; dredger mate grade i; dredger mate grade ii; dredger engineer grade i; dredger engineer grade ii; dredger driver grade ag dredger driver grade ii (2) a certificate of competency granted for any grade of enginee! or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as enginéer of a ship fitted with a type of engine not stated in the certificate (3) certificates issued to masters, mates and engineers who have 54 to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed (4) if it appears to the central government that certificates of competency for grades, other than those referred to in sub-section (1) ce! may be granted, it may, by notification in the official gazette, specify the other grades in respect of which certificates of competency may be granted (5) a certificate of competency for a foreign-going 'ship shall be deemed to be of a higher, grade than the corresponding certificate 15 of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate ofa foreign-going ship (6) 'a certificate 'of competency as' extra master shall be deemed 20 to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship, or \ navigational watchkeeping officer ' (7) a certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of 25 competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship" 5, in section 79 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:— amendment of section "(3) every certificate granted under sub-section (2), shall be 79 30 valid for such period as may be prescribed" 6 in section 84 of the principal act, in sub-section (1),— (i) in clause (a) -4 amendment of section 84,(a) for the words "master, mate, engineers and engine drivers", the words "mates and engineers" shall be substituted; 35 y» (b) the word-"and" at the end shall be omitted; (ii) after clause (b), the following clause shall be inserted, namely:— "(c) who is not required to sign the agreement with the crew, shall submit before commencing the first voyage from any 40 port to the mercantile marine department having jurisdiction over such port, a list of crew with the particulars of grades of certificates of master, mates and engineers and shall also report to that department of any later change in the list of the crew 1 before any subsequent voyage", inser- 7 after section 86 of the principa act, the following section shall be tion of inserted, namely: - new section 86a foreign "6a (1) every master of a foreign ship shall, before proceedships ing to sea from any port or place in india, ensure that the ship has © ae the requisite number of officers and engineers of appropriate grades 5 gilioor as specified by the convention certifi- (2) a surveyor or any person authorised in this behalf by the cated central government may, at any reasonable time, go on board a ship i officers, = pr fi ib 4 to which any of the provisions of this part applies for the purpose of ensuring that the officers holding certificates issued in accordance 10 with the convention are actually appointed and are present, and 4 satisfy himself about the adequacy of such officers for the watch i keeping duties in ports and at sea | (8) if any report made under sub-section (2) by a surveyor or f any person authorised in this behalf by the central government, 15 { reveals any deficiency in a foreign ship in relation to the requirements of the convention and the central government is satisfied that it will be useful for such ship to proceed to sea, that ship may be detained by the officer authorised for this purpose till such requirements are fulfilled" 20 substitu- 8 for section 87 of the principal act, the following section shall be tion of substituted, namely:— t 7 new section for section 87 power te "87, (1) the central government may make rules to carry out make the provisions of this part tules, (2) in particular and without prejudice to the generality of the 45 _ foregoing powers such rules may provide for all or any of the following matters, namely:— (a) the form and manner in which a service endorsement shall be made on 'the certificate or competency of a marine engineer officer class ii; 30 (b) the number of persons and the qualifications they may possess for maintaining watches by a ship at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon 35 for the grades falling under section 78; a7 (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; fl (e) the fees to be paid by applicants for examination; 40 (f) the period for which certificate granted under sttb-section e (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to he kept and recorded; { (h) the circumstances or cases in which certificates of coripetency may be cacelled or suspended" 9 in section 436 of the principal act, in sub-section (2), in the table, for serial no 17 and the entries relating thereto, the following serial 5 no and entries thereof shall be substituted, namely:— amendment of section 436 x 2 3 4 "17 ig (@) any person causes a ship general imprisonment which may or fishing vessel to proextend to six months or 10 ceed to sea without the fine which may extend to required certificated ten thousand rupees, or personnel; both (6) any person having been 76 imprisonment which may engaged as one of the extend to six months or 15 officers referred to in fine which may extend to section 76 goes to sea as five thousand rupees, cr such officer without being both duly certificate (© any master fails to submit 84(z) (6) fine which may extend to 20 the required crew list or five thousand rupees and fails to report the changes in addition, a fine which made in the list before may extend to one thousand commencing the relevant tupees for every day during voyage which the offence continues 25 after conviction, ", saving10, notwithstanding anything contained in this act, the amendments made to the principal act by this act shall not apply to, or in relation to, any certificate of competency granted under section 78 or recognised under section 86 of the principal act before the commencement of this 30 act, and the principal act shall continue to apply in relation to such certificates as if this act had not been enacted statement of objects and reasonspart vi of the merchant shipping act, 1958, inter alia, provides for _ manning of officers for different categories of indian ships and fishing vessels, grades of certificates of competency which should be granted, examination for the grant of such certificates etc the existing provisions of this part were based generally on accepted international practices in the absence of any internationally accepted instrument laying down the minimum requirements of training, syllabi, examination and certification of ship's officers and watchkeeping crew 2 in 1978, under the joint auspices of the international maritime organisation and the international labour organisation, the international convention om sandards of training, certification and watchkeeping for seafarers, 1978 was adopted this convention lays down mandatory minimum requirements for the certification of various officers working on ships and syllabi for the examination of officers for grant of various certificates the convention entered into force from 28-4-1984, india ratified it on 16-11-1984 and it came into force for india from 16-2-1985 it is, therefore, considered necessary to give effect to the provisions of the convention by amending the relevant provisions of part vi of the merchant shipping act, 1958 3 the salient proposals are:— (1) while the existing provisions of part vi of the act apply only to indian ships wherever they are, it is proposed to apply the amended part also to foreign flag ships while they are at indian ports or places because the convention requires the contracting states (and india as a contracting state) to ensure that any ship - calling at their ports is manned by seafarers possessing the certificates as required by the convention for this purpose existing section 75 is sought to be substituted by a revised section (2) it is proposed to substitute the existing section 76 to bring the manning scales for ships in conformity with the provisions of the convention, particularly in relation to watchkeeping requirements, propulsion power of ships, ete it is also proposed to prescribe - manning scales for fishing vessels in conformity with the international practice (3) it is proposed to substitute existing section 78 to specify grades of certificate of competency by retaining some of the existing grades, revision of nomenclature of some of the existing grades of certificates and insertion of some grades of certificates in conformity with the convention it is further proposed to insert grades of certificates for dredgers for which examinations are conducted and also to provide for makes the period of validity of all such certificates ' (4) as the convention requires contracting states to ensure that any foreign flag ship calling at its ports or places to comply with the convention requirements, it is proposed to insert a new section 86a to provide that no foreign flag ship shall proceed to sea from any port or place in india unless it has the required number of officers of appropriate grade as prescribed by the convention, to empower the authorised surveyor to inspect foreign ships to ensure compliance by, such ships of the convention requirements and to empower him to detain ships which are found to be deficient in respect of the convention requirements ¢ 4, the remaining amendments included in the bill are of a minor or consequential nature 5 the bill seeks to achieve the above objects new deut; rajesh pilot the 27th november, 1986 financial memorandumthe merchant shipping (amendment) bill, 1986 seeks to amend the merchant shipping act, 1958 by way of substitution of sections 75, 76, 78 nd 87, amendments of sections 84 and 436 and insertion of new section 86a with a view to facilitating the implementation of the international convention on the standards and training, certification and watchkeeping for seafarers, 1978 and for certain related matters implementation of these provisions would result in the increase in the wage bill of the technical staff of the directorate general of shipping and mercantile marine department it would also necessitate incurring of additional expenditure for making arrangements for the various training courses prescribed under the convention there are, in all, 14 such training courses prescribed under the convention which are as under:— radar observer's course, first aid at sea course, » life boatmen's course, rader simulators course, course for revalidation of certificates given by nautical and fepwene engineering college, 6 maritime law course, 7 medical aid course, 8 fire fighting course for ratings, 9 fire fighting course for officers, 10 tanker safety course, | 11 safe practice course for chemical carriers and liquid gas, carriers, / 12, safe practice course for hazardous cargo carriers, 13 survival at sea and fire fighting courses, and 14 radio telephony course the above training courses would involve some expenditure by way of appointing nautical engineers and ship-surveyors and examination clerks, the annual recurring expenditure on requirements of above additional staff will be about rs 800 lakhs, out of which a sizeable portion, to the extent of about rs 400 lakhs, is anticipated to be recovered by way of examination fees annually however, this will not involve creation of additional posts since these will be adjusted against posts held in abeyance { eu the annual non-recurring expenditure on furniture, machines, ete will be to the extent of rs 370 lakhs memorandum regarding delegated legislationclause 7 of the bill seeks to substitute section 87 of the merchant shipping act, 1958 so as to enable the central government to make ruleg in respect of certain matters provided in chapter vi of the said act, these matters, inter alia, relate to the form and manner in which a service endorsement shall be made on the certificate of competency of a marine engineer officer class ii and the number of persons and the qualifications they may possess for maintaining watches by a ship at sea or in any port or place, the conduct of examination of persons desirous of obtaining certificates of competency and the fees to be paid by applicants for the examination and other matters the matters with respect to which rules may be made under the aforesa d provisions are matters of procedure and administrative detail the delegation of legislative power is, therefore, normal in character annexure ermacts ron mz mancuanr staee@ act, i 1958 (44, or 1958) e part vi certificates of officers reymasters, mates and engineers - '75 this part applies only to sea-going bi fitted means of propulsion '18 (1) every foreign-going indian ship, ey: of two hundred tons gross or more iat going to place in india and every ship» b in india shall be provided with ae according to the following scale, nai (a) in every case, with a (c) if the ship is a h of four hundred and fifty tons besides the master holding a certificate not (d) if the ship is a foreign-going ship and mate, then with the second mate duly certi (2) every foreien-going indian ship when going to or place in india shall be provided with engineers duly this act according to the following scale, namely:— _ (a) if the ship is of one hundred nominal ho: with at least two engineers one of whom shall be a fi designated as the chief engineer, and the other a first c class engineer designated as the second engineer; (b) if the shiv is of less than one hundred nominal | with at least one first class or second class engineer designated as chief engineer cuit (3) everv home-trade indian shin when going to sea from any 1 or place in india and every ship carrying passengers between ports places in india shall be provided with engineers or engine drivers duly certificated according to the following scale, namely; - (a) if the ship is of fifty nominal horse-power or more, with at least one first class or second class engineer designated as the chief engineer; (b), if the ship is of less than fifty nominal horse-power, with at least one' first class or second class engineer designated as the chief engineer, or with at least one engine driver of a sea-going ship (4) every fishing vessel when going to sea from any port or place in india shall be provided— (a) if the vessel exceeds twenty-five tons gross but does not exceed fifty tons gross, with a certificated skipper; (b) if the vessel exceeds fifty tons gross, with a certificated skipper anda certificated second hand; (c) if the vessel is of fifty nominal horse-power or more, with at least one engineer duly' certificated, being an engineer of a fishing vessel, who shall be designated as the chief engineer; (d) if the vessel is of less than fifty nominal horse-power, with at least one engineer duly certificated, being an engineer of a fishing vessel, who shall be designated as the chief engineer or with at least one engine driver of a fishing vessel duly certificated ~ exvlanation—for the purposes of clause (c), persons holding certifieates of 'comnetency as first class or second 'class engineers shall be deemed to be duly certificated and for the purposes of clause (d), persons holding certificates of combetenev as engine driver of sea-going ships shall be deemed to be duly' cértificated (5) nothing in this section which relates to eneineers or engine drivers shall apply te any ship to which the pravisions of the inland steamvessels act 1917, apply ernlanation—in this section "nominal horse-nower" in relation to anv ship, means the horse-power of the engines of the ship calculated in the prescribed 'eens 78 (1) certificates of competency shall-be granted in accordance with grades this act for each of the following grades, namely:— master, of a foreign-going ship; of certi ficates of competency, first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; first elass engineer; second class engineer; engine driver of a-sea-going ship; skipper of a fishing vessel; second hand of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel (2) 'a certificate of competency granted for the grade of firs class engineer or engine driver shall state whether it enti to act as engineer or engine driver of ships fitted with steam of ships fitted with any other type of engines and the holder be entitled to act as engineer or engine driver of a ship fitted ith of engine not stated in the certificate r (3) if it appears to the central government that cerfifica' petency for grades other than those referred to in sub be granted, it may, by notification in the official ge other grades in respect of which certificates of competency | ed + ot 8 (4) a certificate of competency for a foreign-going ship ed to be of a higher grade than the corresponding certifics trade ship, and shall entitle the lawful holder thereof to" corresponding grade in such last-mentionéd ship; home-trade ship shall entitle the holder tpgo ti a foreign-going ship ' production of certificates of competency to shipping master, beet ab 87 'the central government may sions of this part relating to certificates of co such rules,— 'soman (a) prescribe the manner in which the h of ships may be calculated, and the methods by tion may be made in respect of different types of e power to make rules as to grant, cance]- lation or suspension of certificates of competency j (b) provide for the conduct of the eae desirous of obtaining certificates of competency for under section 78; pe (c) prescribe the qualifications to be reshettively" persons desirous of obtaining certificates of competency for™ falling under section 78; ooee (d) fix the fees to be paid by applicants for examination; (e) prescribe the form of such cerfificates and the manner in which copies of certificates are to be kept and recorded; a (f) prescribe the circumstances or cases in which certificates of - competency may be cancelled or suspended aee bf w cleat iwalih re - part xvi penalties and procedurepenalties 436 (1) penalties (2) the offences mentioned in the second column of the following table shall be punishable to the extent mentioned in the fourth column of the same with reference to such offences respectively | serial | offences | section | of | penalties ||-----------|-------------|------------|-------|--------------|| ns | this | act | to | || which | offence | | | || has | | | | || reference | | | | || e | | | | | 17 igany person -(@ having been engaged as one of the officers general fine which may extend to referred to in section 76 goes to sea as such five hundred rupees officer without being duly certificated; or (b) employs a person as an officer without ascertianing that the person is duly certificated

Parliament_bills

43c999b0-3f49-5b47-9415-efadb760b7bc

bid no 30 of 1983 the appropriation (no2) bill, 1983a bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain se'l'vices d:uring the financial year ended on the 31st day of match, 1981, in excess af the amounts granted for those services and jot thgt yefll' db it enacted by parliament in the thirty-fourth year of the republic at india as follows: - " 1 this act may be called the appropriation (no2) act, 1983 shont title 2 from and out of the consolidated fund of india, the sums specified 5 in column 3 of the schedule amounting in the aggregate to the sum of one hundred and eleven crores, eighty-six lakhs, eight thousand, three hundred and eighty-eight rupees shall be deemed to have been authorised to be paid and applied to meet the amount spent for defraying the charges in respect of the services specified in column 2 of the schedule 10 during the financial year ended on the 31st day of march, 1981, in excess of the amounts granted for those services and for that year ,issue ot rsl11,86, 08,388 out of tbeconsolidated fund of india ttomeet certain exces apenditure tor ~~ ended on the 311t march, 1981 appropriation 3 the sums deemed to have been" authorised to be paid and applied from and out of the consolidated fund of india under this act shall be deemed to have been appropriated for the services and purposes expressed 15 in the schedule in relation to the financial year ended on the 31st day of march, 1981 --- ----------------~---------no serviocls and purposes excess ~ of -------------vote - voted charged total 5 portion portion ------------------1--------i rs rq rli il ministry of i comm~ce revenue 1,13,982 1,13,982 10 17 posts and teleppbs working expenses rewnue i 19,49,66,591 19,49,66,591 21 daf'once services-45;95,82,358 anny · rownue 45,95,82,358 22 defence services-15 navy · revenue 5,96,54,577 5,96,54,577 23 defence services-air force · revenue 3,06,12,952 3,06,12,952 24 defence services-pensions revenue 3,68,08,901 3,68,08,901 20 38 currency coinaac and mldt r,evonuc 3,26,333 3,26,333 39 pensions revenue 5,75,00,752 5,75,09,752 charged-rj1t',mnlt of dbt capital 7'8~'~s04071 7,80,85,407 25 50 polico · capital 33,57,969 33,57,969 53 delhi reve'me 3,65,93,506 3,65,93,506 capital 5,60,20,192 2,46,95,494 8,07,15,686 55 andaman and nicobar islands - revenue 2,93,64,712 2,93,64,712 30 81 department of mines - revenue 3,11,37,588 3,11,37,588 83 department of supply revenue 28,897 28,897 84 supplies ili1d 35 disposals revenue 8,07,234 8,07,234 91 public works - revenue 1,89,41943 1,89,41,943 - ----toral 101,58,27,487 io,27,bo,90i 111,86,08,388 statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the appropriations charged on the fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 31st day of march, 1981 pranab mukherjee president's recommendation under article 117 of the constitution of india[copy of do letter no f4(71)-b(se)/82, dated the 12th march, 1983 from shri pranab kumar mukherjee, minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts, spent on certain services during the financial year ended on the 31st day of march, 1981, in excess of the amounts granted for the said services and for that year recommends under clauses (1) and (3) of article 117 of the constitution, read with clause (2) of article 115 thereof, the introduction of the appropriation (no2) bill, 1983, in lokl sabha and also recommends to lok sabha the consideration of the bill 2 the bill will be introduced in lok sabha after all the demands for excess grants for 1980-81 have been voted - , ~ , , a billto p1'ooide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on cettain services during the financial yea, ended on the 31st day of march, 1981 in excess of the amounts granted for those services and fcyr that year (shri pranab kumar mukhe't;ee~ minister of finance)

Parliament_bills

8c7d55dc-c1ab-5828-8a61-8435808e0f27

the national food security bill, 2013—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii provisions for food security 3 right to receive foodgrains at subsidised prices by persons belonging to eligible households under targeted public distribution system 4 nutritional support to pregnant women and lactating mothers 5 nutritional support to children 6 prevention and management of child malnutrition 7 implementation of schemes for realisation of entitlements chapter iii food security allowance 8 right to receive food security allowance in certain cases chapter iv identification of eligible households 9 coverage of population under targeted public distribution system 10 state government to prepare guidelines and to identify priority households 11 publication and display of list of eligible households chapter v reforms in targeted public distribution system 12 reforms in targeted public distribution system chapter vi women empowerment 13 women of eighteen years of age or above to be head of household for purpose of issue of ration cards chapter viigrievance redressal mechanism14 internal grievance redressal mechanism 15 district grievance redressal officer 16 state food commission 17 salary and allowances of chairperson, member, member-secretary and other staff ofstate commission18 designation of any commission or body to function as state commission 19 joint state food commission 20 powers relating to inquiries 21 vacancies, etc, not to invalidate proceedings of state commission chapter viii obligations of central government for food security clauses22 central government to allocate required quantity of foodgrains from central pool tostate governments23 provisions for funds by central government to state government in certain cases chapter ix obligations of state government for food security24 implementation and monitoring of schemes for ensuring food security chapter x obligations of local authorities25 implementation of targeted public distribution system by local authority in theirarreas26 obligations of local authority chapter xi transparency and accountability27 disclosure of records of targeted public distribution system 28 conduct of social audit 29 setting up of vigilance committees chapter xii provisions for advancing food security30 food security for people living in remote, hilly and tribal areas 31 steps to further advance food and nutritional security chapter xiii miscellaneous32 other welfare schemes 33 penalties 34 power to adjudicate 35 power to delegate by central government and state government 36 act to have overriding effect 37 power to amend schedules 38 power of central government to give directions 39 power of central government to make rules 40 power of state government to make rules 41 transitory provisions for schemes, guidelines, etc 42 power to remove difficulties 43 utilisation of institutional mechanism for other purposes 44 force majeure 45 repeal and savingsschedule i schedule ii schedule iiibill no 109 of 2013 the national food security bill, 2013 a billto provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-fourth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the national food security act, 2013short title, extent and commencement5(2) it extends to the whole of india(3) save as otherwise provided, it shall be deemed to have come into force on the5th day of july, 20132 in this act, unless the context otherwise requires,—definitions(2) "central pool" means the stock of foodgrains which is,—(i) procured by the central government and the state governments through minimum support price operations;5(ii) maintained for allocations under the targeted public distribution system, other welfare schemes, including calamity relief and such other schemes;(iii) kept as reserves for schemes referred to in sub-clause (ii); (3) "eligible households" means households covered under the priority households and the antyodaya anna yojana referred to in sub-section (1) of section 3;1010 of 1955(4) "fair price shop" means a shop which has been licensed to distribute essential commodities by an order issued under section 3 of the essential commodities act, 1955, to the ration card holders under the targeted public distribution system;(5) "foodgrains" means rice, wheat or coarse grains or any combination thereof conforming to such quality norms as may be determined, by order, by the central government from time to time;15(6) "food security" means the supply of the entitled quantity of foodgrains and meal specified under chapter ii;(7) "food security allowance" means the amount of money to be paid by the concerned state government to the entitled persons under section 8;2025(8) "local authority" includes panchayat, municipality, district board, cantonment board, town planning authority and in the states of assam, manipur, meghalaya, mizoram, nagaland and tripura where panchayats do not exist, the village council or committee or any other body, by whatever name called, which is authorised under the constitution or any law for the time being in force for self-governance or any other authority or body vested with the control and management of civic services, within a specified local area;(9) "meal" means hot cooked meal or ready to eat meal or take home ration, as may be prescribed by the central government;30(10) "minimum support price" means the assured price announced by the central government at which foodgrains are procured from farmers by the central government and the state governments and their agencies, for the central pool;(11) "notification" means a notification issued under this act and published in the official gazette;35(12) "other welfare schemes" means such government schemes, in addition to the targeted public distribution system, under which foodgrains or meals are supplied as part of the schemes;1 of 1996(13) "person with disability" means a person defined as such in clause (t) of section 2 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995;40(14) "priority households" means households identified as such under section 10;(15) "prescribed" means prescribed by rules made under this act;45(16) "ration card" means a document issued under an order or authority of the state government for the purchase of essential commodities from the fair price shops under the targeted public distribution system;(17) "rural area" means any area in a state except those areas covered by any urban local body or a cantonment board established or constituted under any law for the time being in force;(18) "schedule" means a schedule appended to this act;56 of 2007(19) "senior citizen" means a person defined as such under clause (h) of section 2of the maintenance and welfare of parents and senior citizens act, 2007;(20) "social audit" means the process in which people collectively monitor and evaluate the planning and implementation of a programme or scheme;5(21) "state commission" means the state food commission constituted under section 16;(22) "state government", in relation to a union territory, means the administrator thereof appointed under article 239 of the constitution;10(23) "targeted public distribution system" means the system for distribution ofessential commodities to the ration card holders through fair price shops;(24) "vigilance committee" means a committee constituted under section 29 to supervise the implementation of all schemes under this act;1510 of 1955(25) the words and expressions not defined here but defined in the essential commodities act, 1955, or any other relevant act shall have the meaning respectively assigned to them in those acts chapter ii provisions for food security203 (1) every person belonging to priority households, identified under sub-section (1)of section 10, shall be entitled to receive five kilograms of foodgrains per person per month at subsidised prices specified in schedule i from the state government under the targeted public distribution system:25provided that the households covered under antyodaya anna yojana shall, to such extent as may be specified by the central government for each state in the said scheme, be entitled to thirty-five kilograms of foodgrains per household per month at the prices specified in schedule iright to receive foodgrains at subsidised prices by persons belonging to eligible households under targeted public distribution systemexplanation— for the purpose of this section, the "antyodaya anna yojana" means, the scheme by the said name launched by the central government on the 25th day of december, 2000; and as modified from time to time30(2) the entitlements of the persons belonging to the eligible households referred to in sub-section (1) at subsidised prices shall extend up to seventy-five per cent of the rural population and up to fifty per cent of the urban population(3) subject to sub-section (1), the state government may provide to the persons belonging to eligible households, wheat flour in lieu of the entitled quantity of foodgrains in accordance with such guidelines as may be specified by the central government354 subject to such schemes as may be framed by the central government, every pregnant woman and lactating mother shall be entitled to—nutritional support to pregnant women and lactating mothers(a) meal, free of charge, during pregnancy and six months after the child birth, through the local anganwadi, so as to meet the nutritional standards specified in schedule ii; and40(b) maternity benefit of not less than rupees six thousand, in such instalments as may be prescribed by the central government:45provided that all pregnant women and lactating mothers in regular employment with the central government or state governments or public sector undertakings or those who are in receipt of similar benefits under any law for the time being in force shall not be entitled to benefits specified in clause (b)5 (1) subject to the provisions contained in clause (b), every child up to the age of fourteen years shall have the following entitlements for his nutritional needs, namely:—nutritional support to children5(a) in the case of children in the age group of six months to six years, age appropriate meal, free of charge, through the local anganwadi so as to meet the nutritional standards specified in schedule ii:provided that for children below the age of six months, exclusive breast feeding shall be promoted;10(b) in the case of children, up to class viii or within the age group of six to fourteen years, whichever is applicable, one mid-day meal, free of charge, everyday, except on school holidays, in all schools run by local bodies, government and government aided schools, so as to meet the nutritional standards specified in schedule ii (2) every school, referred to in clause (b) of sub-section (1), and anganwadi shall have facilities for cooking meals, drinking water and sanitation:15provided that in urban areas facilities of centralised kitchens for cooking meals may be used, wherever required, as per the guidelines issued by the central government6 the state government shall, through the local anganwadi, identify and provide meals, free of charge, to children who suffer from malnutrition, so as to meet the nutritional standards specified in schedule iiprevention and management of child malnutrition20implementation of schemes for realisation of entitlements7 the state governments shall implement schemes covering entitlements under sections 4, 5 and section 6 in accordance with the guidelines, including cost sharing, between the central government and the state governments in such manner as may be prescribed by the central government chapter iii25 food security allowance8 in case of non-supply of the entitled quantities of foodgrains or meals to entitled persons under chapter ii, such persons shall be entitled to receive such food security allowance from the concerned state government to be paid to each person, within such time and manner as may be prescribed by the central governmentright to receive food security allowance in certain cases30 chapter iv identification of eligible households35coverage of population under targeted public distribution system9 the percentage coverage under the targeted public distribution system in rural and urban areas for each state shall, subject to sub-section (2) of section 3, be determined by the central government and the total number of persons to be covered in such rural and urban areas of the state shall be calculated on the basis of the population estimates as per the census of which the relevant figures have been published10 (1) the state government shall, within the number of persons determined under section 9 for the rural and urban areas, identify—40(a) the households to be covered under the antyodaya anna yojana to the extent specified under sub-section (1) of section 3, in accordance with the guidelines applicable to the said scheme;state government to prepare guidelines and to identify priority households(b) the remaining households as priority households to be covered under the targeted public distribution system, in accordance with such guidelines as the state government may specify:45provided that the state government may, as soon as possible, but within such period not exceeding one hundred and eighty days, after the commencement of the act, identify the eligible households in accordance with the guidelines framed under this sub-section:5provided further that the state government shall continue to receive the allocation of foodgrains from the central government under the existing targeted public distribution system, till the identification of such households is complete (2) the state government shall update the list of eligible households, within the number of persons determined under section 9 for the rural and urban areas, in accordance with the guidelines framed under sub-section (1)1011 the state government shall place the list of the identified eligible households in the public domain and display it prominently chapter vpublication and display of list of eligible households reforms in targeted public distribution system1512 (1) the central and state governments shall endeavour to progressively undertake necessary reforms in the targeted public distribution system in consonance with the role envisaged for them in this actreforms in targeted public distribution system(2) the reforms shall, inter alia, include—(a) doorstep delivery of foodgrains to the targeted public distribution system outlets;20(b) application of information and communication technology tools including end-to-end computerisation in order to ensure transparent recording of transactions at all levels, and to prevent diversion;(c) leveraging ''aadhaar'' for unique identification, with biometric information of entitled beneficiaries for proper targeting of benefits under this act;(d) full transparency of records;25(e) preference to public institutions or public bodies such as panchayats, selfhelp groups, co-operatives, in licensing of fair price shops and management of fair price shops by women or their collectives;(f) diversification of commodities distributed under the public distribution system over a period of time;30(g) support to local public distribution models and grains banks; (h) introducing schemes, such as, cash transfer, food coupons, or other schemes, to the targeted beneficiaries in lieu of their foodgrain entitlements specified in chapter ii, in such area and manner as may be prescribed by the central government chapter vi35 women empowerment13 (1) the eldest woman who is not less than eighteen years of age, in every eligible household, shall be head of the household for the purpose of issue of ration cards40women of eighteen years of age or above to be head of household for purpose of issue of ration cards(2) where a household at any time does not have a woman or a woman of eighteen years of age or above, but has a female member below the age of eighteen years, then, the eldest male member of the household shall be the head of the household for the purpose of issue of ration card and the female member, on attaining the age of eighteen years, shall become the head of the household for such ration cards in place of such male member chapter vii grievance redressal mechanisminternal grievance redressal mechanismdistrict grievance redressal officer15 (1) the state government shall appoint or designate, for each district, an officer to be the district grievance redressal officer for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of entitled foodgrains or meals under chapter ii, and to enforce the entitlements under this act5(2) the qualifications for appointment as district grievance redressal officer and its powers shall be such as may be prescribed by the state government(3) the method and terms and conditions of appointment of the district grievance redressal officer shall be such as may be prescribed by the state government10(4) the state government shall provide for the salary and allowances of the district grievance redressal officer and other staff and such other expenditure as may be considered necessary for their proper functioning15(5) the officer referred to in sub-section (1) shall hear complaints regarding nondistribution of entitled foodgrains or meals, and matters relating thereto, and take necessary action for their redressal in such manner and within such time as may be prescribed by the state government(6) any complainant or the officer or authority against whom any order has been passed by officer referred to in sub-section (1), who is not satisfied with the redressal of grievance may file an appeal against such order before the state commission20(7) every appeal under sub-section (6) shall be filed in such manner and within such time as may be prescribed by the state governmentstate food commission16 (1) every state government may, by notification, constitute a state food commission for the purpose of monitoring and review of implementation of this act(2) the state commission shall consist of—(a) a chairperson;25(b) five other members; and (c) a member-secretary, who shall be an officer of the state government not below the rank of joint secretary to that government:provided that there shall be at least two women, whether chairperson, member or member-secretary:30provided further that there shall be one person belonging to the scheduled castes and one person belonging to the scheduled tribes, whether chairperson, member or member-secretary (3) the chairperson and other members shall be appointed from amongst persons—35(a) who are or have been member of the all india services or any other civil services of the union or state or holding a civil post under the union or state having knowledge and experience in matters relating to food security, policy making and administration in the field of agriculture, civil supplies, nutrition, health or any allied field; or40(b) of eminence in public life with wide knowledge and experience in agriculture, law, human rights, social service, management, nutrition, health, food policy or public administration; or(c) who have a proven record of work relating to the improvement of the food and nutrition rights of the poor45(4) the chairperson and every other member shall hold office for a term not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment:provided that no person shall hold office as the chairperson or other member after he has attained the age of sixty-five years5(5) the method of appointment and other terms and conditions subject to which the chairperson, other members and member-secretary of the state commission may be appointed, and time, place and procedure of meetings of the state commission (including the quorum at such meetings) and its powers, shall be such as may be prescribed by the state government(6) the state commission shall undertake the following functions, namely:—10(a) monitor and evaluate the implementation of this act, in relation to thestate;(b) either suo motu or on receipt of complaint inquire into violations ofentitlements provided under chapter ii;(c) give advice to the state government on effective implementation of this act;15(d) give advice to the state government, their agencies, autonomous bodies aswell as non-governmental organisations involved in delivery of relevant services, for the effective implementation of food and nutrition related schemes, to enable individuals to fully access their entitlements specified in this act;(e) hear appeals against orders of the district grievance redressal officer;20(f) prepare annual reports which shall be laid before the state legislature by thestate government(7) the state government shall make available to the state commission, such administrative and technical staff, as it may consider necessary for proper functioning of the state commission25(8) the method of appointment of the staff under sub-section (7), their salaries, allowances and conditions of service shall be such, as may be prescribed by the state government(9) the state government may remove from office the chairperson or any member who—(a) is, or at any time has been, adjudged as an insolvent; or(b) has become physically or mentally incapable of acting as a member; or30(c) has been convicted of an offence which, in the opinion of the stategovernment, involves moral turpitude; or(d) has acquired such financial or other interest as is likely to affect prejudiciallyhis functions as a member; or35(e) has so abused his position as to render his continuation in office detrimentalto the public interest(10) no such chairperson or member shall be removed under clause (d) or clause (e)of sub-section (9) unless he has been given a reasonable opportunity of being heard in the matter4017 the state government shall provide for salary and allowances of chairperson,other members, member-secretary, support staff, and other administrative expenses required for proper functioning of the state commissionsalary and allowances of chairperson, member, member- secretary and other staff of state commission18 the state government may, if considers it necessary, by notification, designate any statutory commission or a body to exercise the powers and perform the functions of the state commission referred to in section 16designation of any commission or body to function as state commission5joint state food commission19 notwithstanding anything contained in sub-section (1) of section 16, two or morestates may have a joint state food commission for the purposes of this act with the approval of the central governmentpowers relating to inquiries5 of 190820 (1) the state commission shall, while inquiring into any matter referred to in clauses (b) and (e) of sub-section (6) of section 16, have all the powers of a civil court while trying a suit under the code of civil procedure, 1908, and, in particular, in respect of the following matters, namely:—10(a) summoning and enforcing the attendance of any person and examining himon oath;(b) discovery and production of any document; (c) receiving evidence on affidavits;15(d) requisitioning any public record or copy thereof from any court or office; and (e) issuing commissions for the examination of witnesses or documents2 of 197420(2) the state commission shall have the power to forward any case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the code of criminal procedure, 197321 no act or proceeding of the state commission shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the state commission; orvacancies, etc, not to invalidate proceedings of state commission25(b) any defect in the appointment of a person as the chairperson or a member of the state commission; or(c) any irregularity in the procedure of the state commission not affecting the merits of the case chapter viii obligations of central government for food security3022 (1) the central government shall, for ensuring the regular supply of foodgrains to persons belonging to eligible households, allocate from the central pool the required quantity of foodgrains to the state governments under the targeted public distribution system, as per the entitlements under section 3 and at prices specified in schedule i35(2) the central government shall allocate foodgrains in accordance with the number of persons belonging to the eligible households identified in each state under section 10central government to allocate required quantity of foodgrains from central pool to state governments(3) the central government shall provide foodgrains in respect of entitlements under sections 4, 5 and section 6, to the state governments, at prices specified for the persons belonging to eligible households in schedule i(4) without prejudice to sub-section (1), the central government shall,—40(a) procure foodgrains for the central pool through its own agencies and the state governments and their agencies;(b) allocate foodgrains to the states; (c) provide for transportation of foodgrains, as per allocation, to the depots designated by the central government in each state;5(d) provide assistance to the state government in meeting the expenditure incurred by it towards intra-state movement, handling of foodgrains and margins paid to fair price shop dealers, in accordance with such norms and manner as may be prescribed by the central government; and(e) create and maintain required modern and scientific storage facilities at various levels1023 in case of short supply of foodgrains from the central pool to a state, the central government shall provide funds to the extent of short supply to the state government for meeting obligations under chapter ii in such manner as may be prescribed by the central government chapter ixprovisions for funds by central government to state government in certain cases obligations of state government for food security15implementation and monitoring of schemes for ensuring food security24 (1) the state government shall be responsible for implementation and monitoring of the schemes of various ministries and departments of the central government in accordance with guidelines issued by the central government for each scheme, and their own schemes, for ensuring food security to the targeted beneficiaries in their state20(2) under the targeted public distribution system, it shall be the duty of the state government to—25(a) take delivery of foodgrains from the designated depots of the central government in the state, at the prices specified in schedule i, organise intra-state allocations for delivery of the allocated foodgrains through their authorised agencies at the door-step of each fair price shop; and(b) ensure actual delivery or supply of the foodgrains to the entitled persons at the prices specified in schedule i30(3) for foodgrain requirements in respect of entitlements under sections 4, 5 and section 6, it shall be the responsibility of the state government to take delivery of foodgrains from the designated depots of the central government in the state, at the prices specified in schedule i for persons belonging to eligible households and ensure actual delivery of entitled benefits, as specified in the aforesaid sections(4) in case of non-supply of the entitled quantities of foodgrains or meals to entitled persons under chapter ii, the state government shall be responsible for payment of food security allowance specified in section 835(5) for efficient operations of the targeted public distribution system, every state government shall,—(a) create and maintain scientific storage facilities at the state, district and block levels, being sufficient to accommodate foodgrains required under the targeted public distribution system and other food based welfare schemes;40(b) suitably strengthen capacities of their food and civil supplies corporationsand other designated agencies;10 of 195545(c) establish institutionalised licensing arrangements for fair price shops inaccordance with the relevant provisions of the public distribution system (control) order, 2001 made under the essential commodities act, 1955, as amended from time to time chapter x obligations of local authorities25 (1) the local authorities shall be responsible for the proper implementation of this act in their respective areas5(2) without prejudice to sub-section (1), the state government may assign, by notification, additional responsibilities for implementation of the targeted public distribution system to the local authorityimplementation of targeted public distribution system by local authority in their areasobligations of local authority1026 in implementing different schemes of the ministries and departments of the central government and the state governments, prepared to implement provisions of this act, the local authorities shall be responsible for discharging such duties and responsibilities as may be assigned to them, by notification, by the respective state governments chapter xi transparency and accountability1527 all targeted public distribution system related records shall be placed in the public domain and kept open for inspection to the public, in such manner as may be prescribed by the state governmentdisclosure of records of targeted public distribution systemconduct of social audit2028 (1) every local authority, or any other authority or body, as may be authorised by the state government, shall conduct or cause to be conducted, periodic social audits on the functioning of fair price shops, targeted public distribution system and other welfare schemes, and cause to publicise its findings and take necessary action, in such manner as may be prescribed by the state government(2) the central government may, if it considers necessary, conduct or cause to be conducted social audit through independent agencies having experience in conduct of such audits25setting up of vigilance committees10 of 19553029 (1) for ensuring transparency and proper functioning of the targeted public distribution system and accountability of the functionaries in such system, every state government shall set up vigilance committees as specified in the public distribution system (control) order, 2001, made under the essential commodities act, 1955, as amended from time to time, at the state, district, block and fair price shop levels consisting of such persons, as may be prescribed by the state government giving due representation to the local authorities, the scheduled castes, the scheduled tribes, women and destitute persons or persons with disability(2) the vigilance committees shall perform the following functions, namely:—(a) regularly supervise the implementation of all schemes under this act;35(b) inform the district grievance redressal officer, in writing, of any violation of the provisions of this act; and(c) inform the district grievance redressal officer, in writing, of any malpracticeor misappropriation of funds found by it chapter xii provisions for advancing food security30 the central government and the state governments shall, while implementing the provisions of this act and the schemes for meeting specified entitlements, give special focus to the needs of the vulnerable groups especially in remote areas and other areas which are difficult to access, hilly and tribal areas for ensuring their food security31 the central government, the state governments and local authorities shall, for the purpose of advancing food and nutritional security, strive to progressively realise the objectives specified in schedule iii chapter xiiisteps to further advance food and nutritional security5 miscellaneousother welfare schemes32 (1) the provisions of this act shall not preclude the central government or the state government from continuing or formulating other food based welfare schemes(2) notwithstanding anything contained in this act, the state government may, continue with or formulate food or nutrition based plans or schemes providing for benefits higher than the benefits provided under this act, from its own resources10penalties33 any public servant or authority found guilty, by the state commission at the time of deciding any complaint or appeal, of failing to provide the relief recommended by the district grievance redressal officer, without reasonable cause, or wilfully ignoring such recommendation, shall be liable to penalty not exceeding five thousand rupees:15provided that the public servant or the public authority, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed| power ||-------------|| adjudicate |34 (1) for the purpose of adjudging penalty under section 33, the state commission shall authorise any of its member to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty2025(2) while holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to 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 provide the relief recommended by the district grievance redressal officer, without reasonable cause, or wilfully ignored such recommendation, he may impose such penalty as he thinks fit in accordance with the provisions of section 333035 (1) the central government may, by notification, direct that the powers exercisable by it (except the power to make rules), in such circumstances and subject to such conditions and limitations, be exercisable also by the state government or an officer subordinate to the central government or the state government as it may specify in the notificationpower to delegate by central government and state government35(2) the state government may, by notification, direct that the powers exercisable by it(except the power to make rules), in such circumstances and subject to such conditions and limitations, be exercisable also by an officer subordinate to it as it may specify in the notificationact to have overriding effect36 the provisions of this act or the schemes made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law40power to amend schedules37 (1) if the central government is satisfied that it is necessary or expedient so to do,it may, by notification, amend schedule i or schedule ii or schedule iii and thereupon schedule i or schedule ii or schedule iii, as the case may be, shall be deemed to have been amended accordingly45(2) a copy of every notification issued under sub-section (1), shall be laid before eachhouse of parliament as soon as may be after it is issued| 38 ||-------------------------------------------------------------------------------------------------|| consider necessary, to the state governments for the effective implementation of the provisions || of this act and the state governments shall comply with such directions || power of || central || government || to give || directions |39 (1) the central government may, by notification, and subject to the condition of previous publication, make rules to carry out the provisions of this actpower of central government to make rules(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:—5 (a) scheme including cost sharing for providing maternity benefit to pregnantwomen and lactating mothers under clause (b) of section 4;(b) schemes covering entitlements under sections 4, 5 and section 6 including cost sharing under section 7;10(c) amount, time and manner of payment of food security allowance to entitled individuals under section 8;(d) introducing schemes of cash transfer, food coupons or other schemes to the targeted beneficiaries in lieu of their foodgrains entitlements in such areas and manner under clause (h) of sub-section (2) of section 12; (e) the norms and manner of providing assistance to the state governments in meeting expenditure under clause (d) of sub-section (4) of section 22;15(f) manner in which funds shall be provided by the central government to the state governments in case of short supply of foodgrains, under section 23;(g) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the central government by rules2025(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one 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 rule3040 (1) the state government may, by notification, and subject to the condition of previous publication, and consistent with this act and the rules made by the central government, make rules to carry out the provisions of this actpower of state government to make rules(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:—35 (a) guidelines for identification of priority households under sub-section (1) of section 10;(b) internal grievance redressal mechanism under section 14; (c) qualifications for appointment as district grievance redressal officer and its powers under sub-section (2) of section 15;40(d) method and terms and conditions of appointment of the district grievance redressal officer under sub-section (3) of section 15;(e) manner and time limit for hearing complaints by the district grievance redressal officer and the filing of appeals under sub-sections (5) and (7) of section 15;45(f) method of appointment and the terms and conditions of appointment of chairperson, other members and member-secretary of the state commission, procedure for meetings of the commission and its powers, under sub-section (5) of section 16;(g) method of appointment of staff of the state commission, their salaries, allowances and conditions of service under sub-section (8) of section 16;(h) manner in which the targeted public distribution system related records shall be placed in the public domain and kept open for inspection to public under section 27;5(i) manner in which the social audit on the functioning of fair price shops,targeted public distribution system and other welfare schemes shall be conducted under section 28; (j) composition of vigilance committees under sub-section (1) of section 29; (k) schemes or programmes of the central government or the state governmentsfor utilisation of institutional mechanism under section 43;10(l) any other matter which is to be, or may be, prescribed or in respect of whichprovision is to be made by the state government by rules15(3) every rule, notification and guidelines made or issued by the state government under this act shall, as soon as may be after it is made or issued, be laid before each house of the state legislature where there are two houses, and where there is one house of the state legislature, before that housetransitory provisions for schemes, guidelines, etc2041 the schemes, guidelines, orders and food standard, grievance redressal mechanism, vigilance committees, existing on the date of commencement of this act, shall continue to be in force and operate till such schemes, guidelines, orders and food standard, grievance redressal mechanism, vigilance committees are specified or notified under this act or the rules made thereunder:provided that anything done or any action taken under the said schemes, guidelines, orders and food standard, grievance redressal mechanism, or by vigilance committees shall be deemed to have been done or taken under the corresponding provisions of this act and shall continue to be in force accordingly unless and until superseded by anything done or by any action taken under this act25power to remove difficulties42 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:30provided that no order shall be made under this section after the expiry of two years from the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament3543 the services of authorities to be appointed or constituted under sections 15 and 16may be utilised in the implementation of other schemes or programmes of the central government or the state governments, as may be prescribed by the state governmentutilisation of institutional mechanism for other purposes force majeure44 the central government, or as the case may be, the state government, shall be liable for a claim by any person entitled under this act, except in the case of war, flood, drought, fire, cyclone or earthquake affecting the regular supply of foodgrains or meals to such person under this act:40provided that the central government may, in consultation with the planning commission, declare whether or not any such situation affecting the regular supply of foodgrains or meals to such person has arisen or exists45 (1) the national food security ordinance, 2013 is hereby repealedrepeal and savingsord 7 of 2013(2) notwithstanding such repeal,—45(a) anything done, any action taken or any identification of eligible households made; or(b) any right, entitlement, privilege, obligation or liability acquired, accrued or incurred; or(c) any guidelines framed or directions issued; or5(d) any investigation, inquiry or any other legal proceeding initiated, conductedor continued in respect of such right, entitlement, privilege, obligation or liability as aforesaid; or(e) any penalty imposed in respect of any offence,10under the said ordinance shall be deemed to have been done, taken, made, acquired, accrued, incurred, framed, issued, initiated, conducted, continued or imposed under the corresponding provisions of this act schedule i[see sections 3(1), 22(1), (3) and 24 (2), (3)] subsidised prices under targeted public distribution systemeligible households shall be entitled to foodgrains under section 3 at the subsidised price not exceeding rupees 3 per kg for rice, rupees 2 per kg for wheat and rupee 1 per kg for coarse grains for a period of three years from the date of commecement of this act; and thereafter, at such price, as may be fixed by the central government, from time to time, not exceeding,—(i) the minimum support price for wheat and coarse grains; and (ii) the derived minimum support price for rice, as the case may be [see sections 4(a), 5(1) and 6] nutritional standardsnutritional standards: the nutritional standards for children in the age group of 6months to 3 years, age group of 3 to 6 years and pregnant women and lactating mothers required to be met by providing "take home rations" or nutritious hot cooked meal or ready to eat meal in accordance with the integrated child development services scheme and nutritional standards for children in lower and upper primary classes under the mid day meal scheme are as follows:| serial | category | type of | calories | protein ||-------------------|-------------------------|-------------------|------------|-----------|| number | meal | | | || 2 | | | | || (kcal) | (g) | | | || 1 | 2 | 3 | 4 | 5 || 1 | children (6 months to | take home ration | 500 | 12-15 || 3 years) | | | | || 2 | children (3 to 6 years) | morning snack and | 500 | 12-15 || hot cooked meal | | | | || 3 | children (6 months to | take home ration | 800 | 20-25 || 6 years) who are | | | | || malnourished | | | | || 4 | lower primary classes | hot cooked meal | 450 | 12 || 5 | upper primary classes | hot cooked meal | 700 | 20 || 6 | pregnant women and | take home ration | 600 | 18-20 || lactating mothers | | | | |note: 1— energy dense food fortified with micronutrients as per 50 per cent of recommended dietary allowancenote: 2— the provisions of the food safety and standards act, 2006 (34 of 2006) and any other law for the time being in force shall apply to meals referred to in this schedulenb: nutritional standards are notified to provide balanced diet and nutritious food in terms of the calorie counts, protein value and micronutrients specified schedule iii (see section 31) provisions for advancing food security(1) revitalisation of agriculture—(a) agrarian reforms through measures for securing interests of small and marginal farmers;(b) increae in investments in agriculture, including research and development, extension services, micro and minor irrigation and power to increase productivity and production;(c) ensuring livelihood security to farmers by way of remunerative prices, access to inputs, credit, irrigation, power, crop insurance, etc;(d) prohibiting unwarranted diversion of land and water from food production(2) procurement, storage and movement related interventions—(a) incentivising decentralised procurement including procurement of coarse grains;(b) geographical diversification of procurement operations; (c) augmentation of adequate decentralised modern and scientific storage; (d) giving top priority to movement of foodgrains and providing sufficient number of rakes for this purpose, including expanding the line capacity of railways to facilitate foodgrain movement from surplus to consuming regions (3) others: access to—(a) safe and adequate drinking water and sanitation; (b) health care; (c) nutritional, health and education support to adolescent girls;(d) adequate pensions for senior citizens, persons with disability and single women statement of objects and reasonsarticle 47 of the constitution, inter alia, provides that the state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties the universal declaration of human rights and international covenant on economic, social and cultural rights, to which india is a signatory, also cast responsibilities on all state parties to recognise the right of everyone to adequate food eradicating extreme poverty and hunger is one of the goals under the millennium development goals of the united nations2 in pursuance of the constitutional and the international conventions obligations, providing food security has been focus of the government's planning and policy food security means availability of sufficient foodgrains to meet the domestic demand as well as access, at the individual level, to adequate quantities of food at affordable prices attainment of self-sufficiency in foodgrains production at the national level has been one of the major achievements of the country in order to address the issue of food security at the household level, the government is implementing the targeted public distribution system under which subsidised foodgrains are provided to the below poverty line, including antyodaya anna yojana, and above poverty line households while the below poverty line households under the targeted public distribution system receive thirty-five kilograms foodgrains per family per month, the allocation to above poverty line households depends upon availability of foodgrains in the central pool allocations for other food based welfare schemes for women and children, natural disasters, etc, are also being made at subsidised rates3 ensuring food security of the people, however, continues to be a challenge the nutritional status of the population, and especially of women and children, also needs to be improved to enhance the quality of human resource of the country the proposed legislation marks a paradigm shift in addressing the problem of food security—from the current welfare approach to a right based approach besides expanding coverage of the targeted public distribution system, the proposed legislation would confer legal rights on eligible beneficiaries to receive entitled quantities of foodgrains at highly subsidised prices it will also confer legal rights on women and children to receive meal free of charge4 in view of the foregoing, the national food security bill, 2011 was introduced in the lok sabha on 22nd december, 2011 subsequently, the said bill was referred to the department related parliamentary standing committee on food, consumer affairs and public distribution for examination and report the standing committee presented its report to the speaker, lok sabha on 17th january, 2013 the recommendations of the standing committee were examined on priority; and accordingly the government gave notice in the lok sabha in the budget session for consideration and passing of the said bill along with official amendments however, parliament was adjourned sine die on 8th may, 2013 and thereafter both the houses were prorogued5 in view of the time that has already lapsed in passing of the national food security bill, 2011 since its announcement by the then president of india in her address to the joint session of parliament on 4th june, 2009, and further delay in getting it passed through parliament, the government was of the considered view that it will not be appropriate to further delay the reaching of the proposed benefits of the bill to the people of the country6 as both the houses of parliament were not in session and immediate action was required to be taken to ensure that the benefits of the proposed legislation reach the people at the earliest, the president promulgated the national food security ordinance, 2013 on 5th july, 20137 it is, now proposed to replace the national food security ordinance, 2013 with the national food security bill, 2013, to—(a) provide for food and nutritional security, in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity;(b) entitle every person belonging to priority households, to receive every month from the state government, under the targeted public distribution system, five kilograms of foodgrains per person per month, at subsidised prices specified in schedule i to the proposed legislation the households covered under antyodaya anna yojana shall be entitled to receive thirty-five kilograms of foodgrains per household per month at the prices specified in schedule ithe said entitlements at subsidised prices shall extend up to seventy-five per cent of the rural population and up to fifty per cent of the urban population;(c) entitle every pregnant woman and lactating mother to meal, free of charge, during pregnancy and six months after child birth, through the local anganwadi, so as to meet the nutritional standards specified in schedule ii; and to provide to such women maternity benefit of not less than rupees six thousand in such instalments as may be prescribed by the central government;(d) entitle every child up to the age of fourteen years—(i) age appropriate meal, free of charge, through the local anganwadi so as to meet the nutritional standards specified in schedule ii in the case of children in the age group of six months to six years; and (ii) one mid day meal, free of charge, everyday, except on school holidays, in all schools run by local bodies, government and government aided schools, to children up to class viii or within the age group of six to fourteen years, whichever is applicable, so as to meet the nutritional standards specified in schedule ii;(e) require the state government to identify and provide meals through the local anganwadi, free of charge, to children who suffer from malnutrition, so as to meet the nutritional standards specified in schedule ii; and implement schemes covering entitlements of women and children in accordance with the guidelines, including cost sharing, between the central government and the state governments in such manner as may be prescribed by the central government;(f) entitle the eligible persons under chapter ii of the proposed legislation, to receive such food security allowance from the concerned state government to be paid to each person, in case of non-supply of the entitled quantities of foodgrains or meals, within the time and manner prescribed by the central government;(g) provide subsidised foodgrains under the targeted public distribution system to specified percentage of rural and urban population, at the all india level and empower the central government to determine the state-wise percentage coverage;(h) enable the state government to prescribe guidelines for identification of priority households, for the purposes of their entitlement under the proposed legislation and identify such households and the households to be covered under the antyodaya anna yojana, in accordance with guidelines applicable to the scheme;(i) progressively undertake necessary reforms by the central and state governments in the targeted public distribution system in consonance with the role envisaged for them in the proposed legislation;(j) treat the eldest woman who is not less than eighteen years of age, in every eligible household, to be head of the household for the purpose of issue of ration cards;(k) impose obligation upon the state governments to put in place an internal grievance redressal mechanism which may include call centres, help lines, designation of nodal officers, or such other mechanism as may be prescribed by the respective governments; and for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of entitled foodgrains or meals under chapter ii of the proposed legislation, a district grievance redressal officer, with requisite staff, to be appointed by the state government for each district, to enforce these entitlements and investigate and redress grievances;(l) make provision for state food commission to be constituted by every state government for the purpose of monitoring and review of implementation of the proposed legislation;(m) impose obligation upon the central government to ensure regular supply of foodgrains for persons belonging to eligible households and allocate the required quantity of foodgrains to the state governments under the targeted public distribution system from the central pool as per the entitlements and at prices specified in schedule i to the proposed legislation;(n) make provision for implementation and monitoring by the state government of the schemes of various ministries and departments of the central government in accordance with guidelines issued by the central government for each scheme, and their own schemes, for ensuring food security to the targeted beneficiaries in their state; and make the local authorities responsible, for the proper implementation of the proposed legislation in their respective areas;(o) conduct or cause to be conducted by every local authority, or any other authority or body, as may be authorised by the state government, periodic social audits on the functioning of fair price shops, targeted public distribution system and other welfare schemes, and cause to publicise its findings and take necessary action, in such manner as may be prescribed by the state government;(p) impose penalty upon any public servant or authority found guilty, by the state commission at the time of deciding any complaint or appeal, of failing to provide the relief recommended by the district grievance redressal officer, without reasonable cause, or wilfully ignoring such recommendation, not exceeding five thousand rupees after giving an opportunity of being heard 8 the notes on clauses explain in detail the various provisions contained in the replacement bill9 the bill seeks to achieve the above objectives new delhi;k v thomasthe 5th august, 2013 ———— president's recommendation under article 117 of the constitution of india ————[copy of letter no h-11018/1/2013-nfsa/3624, dated 5 august, 2013 from prof kv thomas, minister of state for consumer affairs, food and public distribution to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed national food security bill, 2013, recommends the introduction of the bill in the house and its consideration under article 117(1) and (3) of the constitution notes on clausesclause 1—this clause of the bill provides for the short title, extent and commencement of the proposed legislation the proposed legislation shall be deemed to have come into force retrospectively, ie, on the 5th july, 2013, which is the date of promulgation of the national food security ordinance, 2013clause 2—this clause provides for definitions of certain expressions used in the proposed legislation which, inter alia, include the expressions 'anganwadi', 'central pool','eligible households', 'fair price shop', 'foodgrains', 'food security', 'food security allowance', 'local authority', 'meal', 'minimum support price', 'notification' 'other welfare schemes', 'person with disability', 'priority households', 'prescribed', 'ration card', 'rural area', 'schedule', 'senior citizen', 'social audit', state commission', 'targeted public distribution system', and 'vigilance committee', etcclause 3—this clause provides for right to receive foodgrains at subsidised prices by persons belonging to eligible households under the targeted public distribution system it provides that every person belonging to priority households shall be entitled to receive five kilograms of foodgrains per person per month from the state government, under the targeted public distribution system, at prices specified in schedule i it also provides that households covered under antyodaya anna yojana shall be entitled to thirty-five kilograms of foodgrains per household per month at prices specified in schedule i it further provides that the entitlements of the eligible households shall extend up to seventy-five per cent of the rural population and up to fifty per cent of the urban population it also provides that the state government may provide wheat flour in lieu of the entitled quantity of foodgrains, in accordance with the guidelines specified by the central governmentclause 4—this clause provides for nutritional support to pregnant women and lactating mothers it provides that every pregnant woman and lactating mother shall be entitled to meal free of charge during pregnancy and six months after the child birth and maternity benefit of not less than rupees six thousandclause 5—this clause provides for nutritional support to children it provides that children below fourteen years of age, shall be entitled, to (i) age appropriate meal free of charge for children in the age group of six months to six years (ii) for children up to class viiior within the age group of six years to fourteen years, whichever is applicable, one mid-day meal, free of charge, everyday except school holidays in all schools run by local bodies, government and government-aided schools nutritional norms for meals to be provided have been specified in schedule iiclause 6—this clause provides for prevention and management of child malnutritionit lays down that state government shall identify children suffering from malnutrition and provide them meal, free of charge, to meet nutritional standards specified in schedule iiclause 7— this clause provides for implementation of schemes for realisation of entitlements it provides that schemes for meeting entitlements of pregnant women and lactating mothers and children shall be implemented by the state government in accordance with guidelines, including cost sharing, prescribed by the central governmentclause 8—this clause provides for right to receive food security allowance in certain cases it provides that in case of non-supply of entitled foodgrains or meals, the entitled persons shall be entitled to receive food security allowance from the state government, within such time and manner as may be prescribed by the central governmentclause 9—this clause provides for coverage of population under targeted public distribution system it provides that subject to sub-section (2) of section 3, the percentage coverage under the targeted public distribution system in rural and urban areas for each state shall be determined by the central government, and the total number of persons to be covered shall be calculated on the basis of population estimates as per census of which the relevant figures have been publishedclause 10—this clause provides for guidelines to be prepared by state governments for identification of priority households it provides that within the number of eligible persons determined under section 9 for rural and urban areas, the state government shall identify (i) households to be covered under the antyodaya anna yojana in accordance with guidelines applicable to the said scheme and (ii) remaining households as priority households to be covered under the targeted public distribution system in accordance with guidelines specified by the state government it further provides that the state government shall identify the eligible households, as soon as possible but within a period not exceeding one hundred and eighty days, in accordance with guidelines framed for this purpose it also provides that till the completion of identification of such households, the state government shall continue to receive allocation of foodgrains under the existing targeted public distribution system it also provides that within the number of persons determined under section 9 for rural and urban areas, the list of eligible households shall be updated by the state government in accordance with the guidelines framed for this purposeclause 11—this clause provides for publication and display of list of eligible households it requires the state governments to place the list of eligible households in public domain and display it prominentlyclause 12—this clause provides for reforms in the targeted public distribution systemit provides that the central government and the state government shall endeavour to progressively undertake necessary reforms in the targeted public distribution system in consonance with the role envisaged for them in the proposed legislationclause 13—this clause provides for women of eighteen years of age or above to be head of household for the purpose of issue of ration cards it provides that for the purpose of issue of ration card eldest woman in the households who is eighteen years of age or above shall be the head of the householdit further provides that where a household at any time does not have a woman or a woman of eighteen years of age or above, but has a female member below the age of eighteen years, then, the eldest male member of the household shall be the head of the household for the purpose of issue of ration card and the female member, on attaining the age of eighteen years, shall become the head of the household for such ration cards in place of such male memberclause 14—this clause provides for internal grievances redressal mechanism it provides that the state governments shall put in place an internal grievance redressal mechanism which may include call centres, help lines, designation of nodal officers, or such other mechanism as may be prescribedclause 15—this clause provides for district grievance redressal officer it provides that for redressal of grievances in matters relating to delivery of entitlements under chapter ii, the state government shall appoint or designate a district grievance redressal officer for each district it further provides that the qualification and powers and the method and terms and conditions of appointment of the district grievance redressal officer shall be such as may be prescribed by the state governmentit further provides that the district grievance redressal officer shall hear complaints regarding non-distribution of entitled foodgrains or meals, and matters relating thereto, and take necessary action for their redressal in such manner and within such time as may be prescribed by the state government and any complainant or the officer or authority against whom any order has been passed by such officer, who is not satisfied with the redressal of grievance may file an appeal against such order before the state commissionclause 16—this clause provides for state food commission it provides that every state government shall constitute a state food commission for the purpose of monitoring and review of implementation of the proposed legislationit further provides that the state commission shall consist of a chairperson; five other members; and a member secretary out of whom there shall be at least two women, and there shall be one person belonging to the scheduled castes and one person belonging to the scheduled tribes, whether chairperson, member or member secretaryit also provides that the chairperson and other members shall be appointed from amongst persons—(a) who are or have been member of the all india services or any other civil services of the union or state or holding a civil post under the union or state having knowledge and experience in matters relating to food security, policy making and administration in the field of agriculture, civil supplies, nutrition, health or any allied field; or (b) of eminence in public life with wide knowledge and experience in agriculture, law, human rights, social service, management, nutrition, health, food policy or public administration; or (c) who have a proven record of work relating to the improvement of the food and nutrition rights of the poorit also provides that the term of the chairperson and every other member shall be not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment and no person shall hold office as the chairperson or other members after he has attained the age of sixty-five yearsit also provides that the method of appointment and other terms and conditions of the chairperson, other members and member secretary of the state commission and time, place and procedure of meetings of the state commission (including the quorum at such meetings) and its powers, shall be such as may be prescribed by the state governmentit also specifies the functions to be undertaken by the state commission which, inter alia, include to—monitor and evaluate the implementation of the proposed legislation, inrelation to the state; either suo motu or on receipt of complaint inquire into violations of entitlements provided under chapter ii; give advice to the state government, their agencies, autonomous bodies as well as non-governmental organisations involved in delivery of relevant services,for the effective implementation of food and nutrition related schemes, to enable individuals to fully access their entitlements specified in the proposed legislation; hear appeals against orders of the district grievance redressal officer; and prepare annual reports which shall be laid before the state legislature by the state governmentit also provides that the state government shall make available to the state commission, such administrative and technical staff, as it may consider necessary for proper functioning of the state commission the method of appointment of staff, their salaries, allowances and conditions of service shall be such, as may be prescribed by the state governmentit also makes provision for removal of the chairperson and other members of the state commission and specifies the grounds, on which they may be removedclause 17—this clause provides for salary and allowances of chairperson, members, member secretary and other staff of the state commission it provides that the state government shall provide for salary and allowances of the chairperson, other members, member secretary, support staff, and other administrative expenses required for proper functioning of the state commissionclause 18—this clause provides for designation of any commission or body to function as the state commission it provides that the state government may, if considers it necessary, designate any statutory commission or a body to exercise the powers and perform the functions of state food commissionclause 19—this clause provides for joint state food commission it provides that two or more states may have joint state food commission with the approval of the central governmentclause 20—this clause provides for powers of state commission relating to enquiriesit provides that the state commission shall, while inquiring into any matter, have all the powers of a civil court trying a suit under the code of civil procedure, 1908, and, in particular, in respect of the matters of summoning and enforcing the attendance of any person and examining him on oath; discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; and issuing commissions for the examination of witnesses or documentsit further provides that the state commission shall have the power to forward any case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the code of criminal procedure, 1973clause 21—this clause provides that vacancies in or any defect in the constitution of the state commission or any defect in the appointment of a person acting as a member of the state commission or any irregularity in the procedure of the state commission shall not invalidate proceedings of the state commissionclause 22—this clause lays down the responsibilities of the central government to allocate required quantity of foodgrains from central pool to state governments it provides that the central government shall, for ensuring the regular supply of foodgrains to persons belonging to eligible households, allocate from the central pool the required quantity of foodgrains to the state governments under the targeted public distribution system, as per the entitlements under clause 3 and at prices specified in schedule iit further provides that the central government shall allocate foodgrains in accordance with the number of persons belonging to the eligible households identified in each state under clause 10 it further provides that the central government shall provide foodgrains in respect of entitlements under clauses 4, 5 and 6 to the state government at prices specified for persons belonging to eligible households in schedule iit also provides that, the central government shall, procure foodgrains for the central pool through its own agencies and the state governments and their agencies; allocate foodgrains to the states; provide for transportation of foodgrains, as per allocation, to the depots designated by the central government in each state; provide assistance to state government in meeting the expenditure incurred by it towards intra-state movement, handling of foodgrains and margins paid to fair price shop dealers as per norms as may be prescribed and create and maintain required modern and scientific storage facilities at various levelsclause 23—this clause makes provisions for funds by the central government to state governments in certain cases it provides that in case of short supply of foodgrains from the central pool to a state, central government shall provide funds to the extent of short supplyclause 24—this clause provides for implementation and monitoring of schemes for ensuring food security it provides that the state governments shall be responsible for implementation and monitoring of the schemes of various ministries and departments of the central government in accordance with the guidelines issued by the central government for each scheme, and their own schemes, for ensuring food security to the targeted beneficiaries in their stateit further provides that under the targeted public distribution system, it shall be the duty of the state governments to—(a) take delivery of foodgrains from the designated depots of the central government in the state, at the prices specified in schedule i, organise intra-state allocations for delivery of the allocated foodgrains through their authorised agencies at the door-step of each fair price shop; and (b) ensure actual delivery or supply of the foodgrains to the entitled persons at the prices specified in schedule iit also provides that for foodgrain requirements in respect of entitlements under clauses4, 5, and 6 it shall be the responsibility of the state government to take delivery of foodgrains from the designated depots of the central government in the state, at the prices specified in schedule i for persons belonging to eligible households and ensure actual delivery of entitled benefits, as specified in the clauses aforesaidit also provides that in case of non-supply of the entitled quantities of foodgrains or meals to entitled persons under chapter ii, the state government shall be responsible for payment of food security allowance specified in clause 8it also provides that for efficient operations of the targeted public distribution system, every state government shall,—(a) create and maintain scientific storage facilities at the state, district and block levels, being sufficient to accommodate foodgrains required under the targeted public distribution system and other food based welfare schemes; (b) suitably strengthen capacities of their food and civil supplies corporations and other designated agencies; and (c) establish institutionalised licensing arrangements for fair price shops in accordance with the relevant provisions of the public distribution system (control) order, 2001 as amended from time to timeclause 25—this clause provides for implementation of targeted public distribution system it provides that the local authorities shall be responsible for proper implementation of the proposed legislation in their respective areas and the state governments may assign additional responsibilities to local authorities in implementation of targeted public distribution systemclause 26—this clause provides for obligations of local authority it provides that in implementing different schemes of the ministries and departments of the central government and the state governments, the local authority shall be responsible for discharging such duties and responsibilities as may be assigned to them by notification, by the respective state governmentsclause 27—this clause makes provision for disclosure of records of targeted public distribution system it provides that all targeted public distribution system related records shall be placed in the public domain and kept open for inspection to the publicclause 28—this clause provides for conduct of social audit it provides that social audit on the functioning of fair price shops, targeted public distribution system and other welfare schemes, shall be conducted by local authority, or any other authority or body, as may be authorised by the state governments it further provides that the central government may, if it considers necessary, also conduct or cause to be conducted social audit through independent agenciesclause 29—this clause provides for setting up of vigilance committees by the state government at various levels for ensuring transparency and proper functioning of the targeted public distribution system and accountability of functionaries in such system it also specifies the functions of vigilance committeesclause 30—this clause provides that the central government and the state governments shall, while implementing the provisions of this bill and the schemes for meeting specified entitlements, give special focus to the needs of the vulnerable groups especially in remote areas and other areas which are difficult to access, hilly and tribal areas for ensuring their food securityclause 31—this clause provides for steps to further advance food and nutritional security it provides that for the purpose of advancing food and nutritional security, the central and state governments shall strive to progressively realise objectives mentioned in schedule iiiclause 32—this clause provides for other welfare schemes it provides that provisions of the proposed legislation shall not preclude central or state governments from continuing or formulating other food based schemes it also provides that state government may continue with or formulate food or nutrition based schemes providing for higher benefits than the benefits provided under the proposed legislation, from its own resourcesclause 33—this clause relates to penalties it provides that any public servant or authority found guilty, by the state commission at the time of deciding any complaint or appeal, of failing to provide the relief recommended by the district grievance redressal officer, without reasonable cause, or wilfully ignoring such recommendation, shall be liable to penalty not exceeding five thousand rupeesit further provides that the public servant or the public authority, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposedclause 34—this clause provides for power to adjudicate it provides that for the purpose of adjudging under clause 33, the state commission shall authorise any of its member to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penaltyit further provides that while holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to 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 provide the relief recommended by the district grievance redressal officer, without reasonable cause, or wilfully ignoring such recommendation, he may impose such penalty as he thinks fit in accordance with the provisions of clause 33clause 35—this clause provides for power to delegate by the central government and state governments it empowers the central government to delegate its power (except the power to make rules) to the state governments or an officer subordinate to the central government or state governments it also empowers the state governments to delegate its power (except power to make rules) to an officer subordinate to itclause 36— this clause gives overriding effect to provisions of the proposed legislation or the schemes made thereunder notwithstanding anything inconsistent contained in any other lawclause 37— this clause seeks to empower the central government to amend schedule i or schedule ii or schedule iii if that government is satisfied that it is necessary or expedient so to doclause 38—this clause seeks to empower the central government to give directions to state governments for effective implementation of the provisions of the proposed legislationclause 39—this clause empowers the central government to make rules to carry out the provisions of the proposed legislation it provides that the central government may, by notification, and subject to the condition of previous publication, make rules to carry out the provisions of the proposed legislation it further specifies the matters in respect of which such rules may be made it also provides that rules made by the central government shall be laid before each house of parliament as soon as they are madeclause 40—this clause empowers the state governments to make rules to carry out the provisions of the proposed legislation it provides that the state government may, by notification, and subject to the condition of previous publication, and consistent with this proposed legislation and the rules made by the central government, make rules to carry out the provisions of the proposed legislation it further specifies the matters in respect of which such rules may be made it also provides that rules, notifications and guidelines issued by the state government shall be laid before the legislature of the state as soon as they are madeclause 41—this clause provides for transitory provisions for schemes, guidelines, etc it provides that the schemes, guidelines, orders and food standards existing on the date of commencement of the proposed legislation shall continue to be in force till these are specified under the proposed legislation or rules made thereunderclause 42—this clause provides for power to remove difficulties it provides that 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 proposed legislation, as appear to it to be necessary or expedient for removing the difficulty it further provides that no order shall be made under this section after the expiry of two years from the date of commencement of this actclause 43—this clause provides for utilisation of institutional mechanism for other purposes it provides that the services of authorities to be appointed or constituted under clauses 15 and 16 may be utilised in the implementation of other schemes or programmes of the central government or the state governments, as may be prescribed by the state governmentclause 44— this clause provides for force majeure it provides that the central government, or as the case may be, the state governments, shall be liable for any claim by any person entitled under the proposed legislation, except in the case of war, flood, drought, fire, cyclone or earthquake affecting regular supply of foodgrains or meals it also provides that the central government may, in consultation with planning commission, declare whether or not any such situation affecting regular supply of foodgrains or meals has arisen or existclause 45—this clause seeks to provide for repeal of the national food security ordinance, 2013 and saving of actions taken thereunderit further provides that notwithstanding such repeal, (a) anything done, action taken or identification of eligible households made; or (b) any right, entitlement, privilege, obligation or liability acquired, accrued or incurred; or (c) any guidelines framed or directions issued; or(d) any investigation, inquiry or legal proceeding initiated, conducted or continued in respect of such right, entitlement, privilege, obligation or liability acquired, accrued or incurred; or (e) any penalty imposed in respect of any offence, under the said ordinance shall be deemed to have been done, taken, made, acquired, accrued, incurred, framed, issued, initiated, conducted, continued or imposed under the corresponding provisions of the proposed legislationschedule i—this schedule specifies the subsidised prices at which foodgrains will be provided to eligible households under targeted public distribution systemschedule ii—this schedule specifies the nutritional standards for meals and take home ration to be provided under the proposed legislation to children and pregnant women and lactating mothersschedule iii—this schedule lists the objectives to be progressively realised by the central government, state governments and local authorities for advancing food security financial memorandumitem (iii) of sub-clause 2 of clause 2 provides that, the "central pool" shall consist of foodgrains kept as reserves for the schemes to be implemented for providing food security the estimated carrying cost of buffer stocks for 2013-14 is rs 61227 per quintal total expenditure will depend upon the actual stocks carried by the government, and will be borne by the central government as recurring expenditure this requirement may not cause any additional financial obligation as buffer stocks are already being maintained by the government of india for its on-going targeted public distribution system2 sub-clause (1) of clause 3 provides that every person belonging to priority households, shall be entitled to receive every month from the state government, under the targeted public distribution system, five kilograms of foodgrains per person per month, at subsidised prices specified in schedule i it further provides that the households covered under antyodaya anna yojana shall be entitled to receive thirty-five kilograms of foodgrains per household per month at the prices specified in schedule i sub-clause (2) thereof provides that the entitlements at subsidised prices shall extend upto seventy-five per cent of the rural population and upto fifty per cent of the urban population the difference between the economic cost of the foodgrains and the prices specified in schedule i, in respect of the proposed coverage and entitlement will be borne by the central government as food subsidy at the above proposed coverage and entitlement, the economic cost for the year 2013-14 and the prices of foodgrains specified in schedule i, the total annual expenditure on food subsidy under targeted public distribution system is estimated at about rupees 1,08,966 crore the estimate of food subsidy is however dependent, among other things, upon economic cost, central issue price of foodgrains, number of beneficiaries covered and quantities of foodgrains allocated and lifted, and therefore subject to change with changes in any or all of the variables affecting food subsidy3 sub-clause (a) of clause 4, clauses 5 and 6 provide for nutritional support to pregnant women and lactating mothers and children below the age of fourteen these benefits are currently being delivered through the integrated child development services and mid day meal schemes, and these will continue to be implemented as per prescribed norms, including norms for cost sharing between the central and the state governments4 sub-clause (b) of clause 4 provides that every pregnant woman and lactating mother shall be entitled to maternity benefit of not less than rupees six thousand, in such instalments as may be prescribed by the central government the actual annual expenditure will depend on the number of identified entitled beneficiaries and those actually availing the benefit the expenditure will be shared between the central and the state governments in accordance with a scheme to be prescribed by the central government5 clause 8 provides that in case of non-supply of the entitled quantities of foodgrains or meal to entitled persons under chapter ii of the proposed legislation, such persons shall be entitled to receive food security allowance from the concerned state government, which shall be responsible for making payment of such food security allowance within such time and manner as may be prescribed by the central government the state government shall bear all expenses on food security allowance, which will be of a recurring nature6 clause 10 provides that identification of priority households shall be done by the state governments in accordance with such guidelines as the state government may specify it further provides that antyodaya anna yojana households shall be identified by the state government, in accordance with guidelines applicable to the scheme cost of identification of households will be borne by the state governments7 clause 11 provides that the list of the identified eligible households shall be placed by the state governments in the public domain and displayed prominently, for which expenditure will be borne by the state government8 sub-clause (1) of clause 12 provides that the central and the state governments shall endeavour to progressively undertake reforms in targeted public distribution system9 clause 14 provides that the state governments shall put in place an internal grievance redressal mechanism which may include call centres, help lines, designation of nodal officers, or such other mechanism as may be prescribed the cost of setting-up internal grievance redressal mechanism will be borne by the state governments10 clause 15 provides that for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of entitled foodgrains or meals under chapter ii of the proposed legislation, a district grievance redressal officer, with requisite staff, shall be appointed by the state government for each district, to enforce these entitlements and investigate and redress grievances the expenditure towards salary and allowances of district grievance redressal officer and other staff, and such other expenditure as may be considered necessary for their proper functioning, which will be of recurring nature, will be borne by the state governments11 clause 16 provides that every state government shall constitute a state food commission for the purpose of monitoring and review of implementation of the proposed legislation clause 17 provides that the state government shall provide for salary and allowances of chairperson, other members, member secretary, support staff, and other administrative expenses required for proper functioning of the state commission the expenditure on state food commission will differ from state to state and will be of recurring nature12 sub-clause (3) of clause 22 provides that the central government shall provide foodgrains in respect of entitlements under clauses 4, 5 and 6, to the state governments, at prices specified for eligible households in schedule i the difference between the economic cost of foodgrains and the prices specified in scheduled i, in respect of above schemes will be borne by the central government as food subsidy and will be of recurring nature the estimated expenditure is however dependent upon economic cost, central issue price of foodgrains, number of beneficiaries covered and quantities of foodgrains allocated and lifted, and therefore subject to change with changes in any or all of the variables13 item (e) of sub-clause (4) of clause 22 provides that the central government shall create and maintain required modern and scientific storage facilities at various levels, the expenditure on which will be of a non-recurring nature and will be borne by the central government14 clause 23 provides that in case of short supply of foodgrains from the central pool to a state, the central government shall provide funds to the extent of short supply to the state government for meeting obligations under chapter ii in such manner as may be prescribed by the central government15 sub-clause (2) of clause 24 provides that under the targeted public distribution system, it shall be the duty of the state government to take delivery of foodgrains from the designated depots of the central government in the state, at the prices specified in the schedule i; organise intra-state allocations for delivery of the allocated foodgrains through their authorised agencies at the door-step of each fair price shop; and ensure actual delivery or supply of the foodgrains to the entitled persons at the prices specified in schedule i the cost of intra-state transport and handling of foodgrains, fair price shop dealers' margin etc, will be borne by the state governments, for which assistance will be provided by the central government under item (d) of sub-clause (4) of clause 2216 item (a) of sub-clause (5) of clause 24 provides that the state government shall create and maintain scientific storage facilities at the state, district and block levels, being sufficient to accommodate foodgrains required under the targeted public distribution system and other food based welfare schemes the expenditure on creation and maintenance of storage facilities will be of a non-recurring nature and will be borne by the state governments17 sub-clause (2) of clause 25 and clause 26 provide that the state governments may, by notification, assign additional responsibilities to local authorities in implementing targeted public distribution system or other schemes of central or state government prepared to implement provisions of the proposed legislation the expenditure on strengthening of local authorities, required if any, will be borne by the state governments18 sub-clause (1) of clause 28 provides that every local authority, or any other authority or body, as may be authorised by the state government, shall conduct or cause to be conducted, periodic social audits on the functioning of fair price shops, targeted public distribution system and other welfare schemes, and cause to publicise its findings and take necessary action, in such manner as may be prescribed by the state government the expenditure on such social audits will be borne by the state governments sub-clause (2) thereof provides that the central government may, if it considers necessary, conduct or cause to be conducted social audit through independent agencies having experience in conduct of such audits, expenditure for which will be borne by the central government19 clause 29 provides for setting-up of vigilance committees at various levels by the state government for ensuring transparency and proper function of the targeted public distribution system the expenditure on vigilance committees will be borne by the state governments and will be of a recurring nature20 clause 30 provides that the central government, the state governments and local authorities shall, for the purpose of advancing food and nutritional security, strive to progressively realise the objectives specified in schedule iii necessary efforts for realising these objectives will be required to be taken by both the central and the state governments in their respective areas and they will also be expected to bear the corresponding expenditure21 sub-clause (1) of clause 32 provides that the provisions of the proposed legislation shall not preclude the central government or the state governments from continuing or formulating other food based welfare schemes the expenditure for such schemes will be borne by respective governments, in accordance with provisions contained in such schemes sub-clause (2) thereof provides that the state government may, continue with or formulate food or nutrition based plans or schemes providing for benefits higher than the benefits provided under the proposed legislation, from its own resources the expenditure on such plans or schemes will be borne by the state governments22 the central government will bear the expenditure in relation to implementation of the proposed legislation in so far as the union territories are concerned23 apart from the estimates given above, the expenditure which will be involved in implementing the proposed legislation will also include expenditure to be met out of budgets of other ministries or departments in order to operationalise the provisions of the proposed legislation, besides strengthening of the organisational structure for proper implementation it is not practicable to make an estimate of such recurring and non-recurring expenditure at this stage memorandum regarding delegated legislationclause 39 of the bill empowers the central government to make, by notification in the official gazette, and subject to the condition of previous publication, rules for carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include: (a) scheme including cost sharing for providing maternity benefit to pregnant women and lactating mothers under subclause (b) of clause 4; (b) schemes covering entitlements under clauses 4, 5 and 6 including cost sharing under clause 7; (c) the amount, time and manner of payment of food security allowance to entitled persons under clause 8; (d) introduction of schemes of cash transfer, food coupons, or other schemes to the targeted beneficiaries in lieu of their foodgrain entitlements in such areas and manner under clause (h) of sub-clause (2) of clause 12; (e) the norms and manner of providing assistance to the state governments in meeting expenditure incurred by them towards intra-state movement, handling of foodgrains and margins paid to fair price shop dealers, under clause (d) of sub-clause (4) of clause 22; (f) the manner in which funds shall be provided by the central government to the state governments in case of short supply of foodgrains, under clause 23; (g) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the central government by rules2 the rules made by the central government are required to be laid, as soon as they are made, before each house of parliament3 clause 40 of the bill empowers the state government to make, by notification in the official gazette, and subject to the condition of previous publication and consistent with this act and the rules made by the central government, rules for carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include: (a) guidelines for identification of priority households under sub-clause (1) of clause 10; (b) internal grievance redressal mechanism under clause 14; (c) qualifications for appointment as district grievance redressal officer and its powers under sub-clause (2) of clause 15; (d) method and terms and conditions of appointment of the district grievance redressal officer under sub-clause (3) of clause 15; (e) manner and time limit for hearing complaints by the district grievance redressal officer and the filing of appeals under sub-clauses (5) and (7) of clause 15; (f) method of appointment and the terms and conditions of appointment of chairperson, other members and member- secretary of the state commission, procedure for meetings of the commission and its powers, under sub-clause (5) of clause 16; (g) method of appointment of staff of the state commission, their salaries, allowances and conditions of service under sub-clause (8) of clause 16; (h) manner in which the targeted public distribution system related records shall be placed in the public domain and kept open for inspection to public under clause 27; (i) manner in which the social audit on the functioning of fair price shops, targeted public distribution system and other welfare schemes shall be conducted under clause 28; (j) composition of vigilance committees under sub-clause (1) of clause 29; (k) schemes or programmes of the central government or the state governments for utilisation of institutional mechanism under clause 43; (l) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the state government by rules4 the rules made by the state government are required to be laid, as soon as may be after they are made, before the state legislature5the matters in respect of which rules may be made are generally matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative powers is, therefore, of a normal character———— a billto provide for food and nutritional security in human life cycle approach, by ensuringaccess to adequate quantity of quality food at affordable prices to people to livea life with dignity and for matters connected therewith or incidental thereto————(prof k v thomas, minister of state for consumer affairs, food and public distribution)gmgipmrnd—1711ls(s3)—06-08-2013

Parliament_bills

8380e7fd-eca1-506d-80fd-232343a1d28a

bill no xxxix of 2014 the drugs (price control) bill, 2014 a billto provide for constitution of a committee for fixing the prices of drugs and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the drugs (price control) act, 2014short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions52 in this act, unless the context otherwise requires,—(a) "dealer" means a person engaged in the business of purchase or sale ofdrugs, whether as a wholesaler or retailer and whether or not in conjunction with any other business and includes his agent;10(b) "distributor" means a distributor of drugs or his agent and includes a stockistappointed by a manufacturer or an importer for stocking drugs for sale to a dealer; and(c) "drug" includes—(i) all medicines for internal or external use of human beings and allsubstances intended to be used for, or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder in human beings including preparations applied on human body for the purpose of repelling insects like mosquitoes;5(ii) such substances, intended to affect the structure or any function ofthe human body or intended to be used for the destruction of vermin or insects which cause diseases in human beings; and(iii) formulations all systems of medicine like allopathy, homoeopathy,ayurveda, unani and siddha103 (1) there shall be constituted a committee to be known as the drugs (price control)committee (hereinafter referred to as the committee) to fix the prices of drugsconstitutionof drugs pricecontrol committee(2) the committee shall consist of—chairman, ex-officio;(i)the minister of health and family welfare, government of india15members(ii)three representatives of major hospitals includinggovernment run hospitalsmembers;(iii)two representatives of drugs industrymembers;(iv)two representatives of indian system of medicine20(v)secretary to the government of india, ministry of health and family welfaremember secretary,ex-officio(3) the terms and condition of the members appointed under sub-clause (2) (ii), (iii)and (iv) shall be such as may be prescribed by rules25(4) the union ministry of health and family welfare shall provide the secretarial assistance to the committee4 the committee shall—functions of the committee30(i) fix the prices of drugs after taking into consideration the costs of manufacturingstorage, packaging, import of formulation and distribution as well as profit ofmanufacturer and such other factors as it may deem necessary;(ii) promote the use of generic drugs; and (iii) determine the standard of drugs5 no person or a manufacturer or a distributor or a dealer shall sell any drug to any consumer at a price exceeding the price fixed by the committeeprohibition on selling of drug at a price exceeding the price fixed by the committeepenalty356 (1) whoever contravenes the provisions of this act shall be punished withimprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees(2) where an offence under this act has been committed by a company, the license of such company shall be cancelled forthwith40explanation —for the purpose of sub-section (2), "company", means any bodycorporate, and includes a firm or other association of individualspower to make rules7 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsprices of drugs and medicines are on the rise however, the government controls the prices of 348 drugs listed in the national list of essential medicines recently, the drug price regulator, the national pharmaceutical pricing authority (nppa) had withdrawn guidelines for price control of 108 life saving drugs thereby allowing pharmaceutical companies to raise price as per their choice to secure windfall gainthe prices of drugs are increased arbitrarily by manufacturers and traders the poor regulatory mechanism allows the manufacturing and marketing of spurious drugs in the name of the generic version people, especially poor people, are affected by the exorbitant cost of drugs they are not able to afford the medicines at present there is no legislation to put a check on the prices of drugs medical practitioners under the garb of money and costly gifts from manufacturers generally prescribe costly medicines which common man cannot afford they should instead prescribe generic drugs which are cheaper and more affordable and as effective as branded ones the bill seeks to achieve the above objectivessanjay sinh financial memorandumclause 3 of the bill provides for constitution of a committee to be known as the drugs(price control) committee to fix the prices of drugs the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees five hundred crore per annuma non-recurring expenditure of about one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of this bill since the rules will relate to matters of details only, the delegation of legislative powers is of a normal characterrajya sabha—————abillto provide for constitution of a committee for fixing the prices of drugs and for matters connected therewith or incidental thereto—————(dr sanjay sinh, mp)gmgipmrnd—3798rs(s3)—18-12-2014

Parliament_bills

7c841f16-b548-5a17-92d4-1f9d1d6a1338

bill no 106 of 2014 the special financial assistance to the state of west bengal bill, 2014 byshri adhir ranjan chowdhury, mpa billto provide for special financial assistance to the state of west bengal for the purpose of promoting the welfare of scheduled castes, scheduled tribes and other backward sections of people and for the development, exploitation and proper utilization of its resources be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title and commencementwest bengal act, 20142 there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may by due appropriation provide, as special financial assistance to the state of west bengal to meet the costs of such schemes of development, as may be undertaken by the state with the approval of the government of india for the purpose of special financial assistance to the state of west bengalpromoting the welfare of scheduled castes, scheduled tribes and other backward sections of people and for the development, proper utilization and exploitation of the resources in the state3 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not in derogation of other laws5 statement of objects and reasonsthe state of west bengal is socially and economically backward the problems of poverty, unemployment and illiteracy are required to be addressed urgently and in a time-bound manner measures for proper utilization of resources, welfare of weaker sections in the region and initiating new development schemes are also required to be undertaken in an expeditious and time-bound manner the state of west bengal has also been facing the problem of naxalite violence for a number of years in view of its economic backwardness, the naxalites have found sympathetic elements within the population therefore, economic backwardness is the root cause of the naxalite problem it is, therefore, necessary that the central government should provide special financial assistance to the state of west bengal for its all-round development including the welfare of weaker sections and for the development and exploitation of its vast natural resources such a step of providing financial assistance to this state would go a long way in building this nation more and more stronghence this billnew delhi;adhir ranjan chowdhuryjuly 14, 2014 president's recommendation under article 117 (3) of the constitution ————[copy of do no 42(20) pf-i/2014 dated 21 august, 2014 from shrimati nirmala sitharaman, minister of state in the ministry of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the special financial assistance to the state of west bengal bill, 2014 by shri adhir ranjan chowdhury, mp, recommends the consideration of the bill by lok sabha under article 117(3) of the constitution financial memorandumclause 2 of the bill provides that there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may by due appropriation provide, as special financial assistance to the state of west bengal to meet the costs of such schemes of development, as may be undertaken by the state with the approval of the government of indiathe bill, therefore, on enactment, will involve expenditure out of the consolidated fund of india for providing special financial assistance to the state of west bengal as the sums of moneys which will be given to the state of west bengal as special financial assistance by appropriation by law made by parliament will be known only after the welfare schemes to be implemented by the state government with the approval of government of india are identified, it is not possible to give the estimates of recurring expenditure, which would be involved out of the consolidated fund of india at this stageno non-recurring expenditure is likely to be incurred from the consolidated fund of india———— a billto provide for special financial assistance to the state of west bengal for the purpose ofpromoting the welfare of scheduled castes, scheduled tribes and other backwardsections of people and for the development, exploitation and properutilization of its resources————(shri adhir ranjan chowdhury, mp)gmgipmrnd—2383ls(s3)—01112014

Parliament_bills

a0af85d5-a598-5499-ad7d-d462d6ddb4a6

bill no 57 1 1_ the environment (protection) bill, 1986 arrangement of ~lauses chapl'er i prl:liminalty cuus1e1 short title, extent and commencement 2 deftnitions chapter ii gbnj:ral po\vds of the cd1'1'ral govbrnmli:nt3 power of central government to take measures to protect aad improve environment 4 appointment of oft1cers and their powers and functions 5 power to give directions 6 rules to regulate environmental pollution chapter iii prevention, c'on'l'rol and abatement of environl4'&n'1'ow pouutlon7 persons carrying on industry, operation, etc, not to allow emission or discharge of environmental pollutants in excess of the standards 8 persons handling hazardous substances to comply with procedural safeguards 9 furnishing of information to authorities and agencies in certain cues 10 powers of entry and inspection 11 power to take sample and procedure to be followed in connection therewith 12 environmental laboratories 13 government analysts 14 reports of government analysts 15 penalty for contravention of the provisions of the act and the rules orders and directions clause 16 offences by companies 17 offences by government departments chapter iv18 protection o~ acticm taken in good fai·th 19 cognizance of offences 20 information, reporis or returns 21 memben of6cers and employees of the authority constituted under section 3 to be public servants 22 bar of jurisdiction 23 power to delegate 24 eftect of other laws 25 power to make nlles 26 rules made under this act'to be laid before parliament a bill to pro~de for the protection and improvement of environment and for matters connected therewith whereas decisions were taken at the united nations conference on the human environment he~d 'at stockholm in june, 197~ in whi~h india participated, to take appropriate steps for the pro~tion and improvement of human environment; and wherl!oas it is considered necessary further to implement the de- cisions aforesaid in so f(lr as they relate to the protection and improvement of environment and the prevention of hazards to human liieinp other living creatures plants and property; be it ~ by parliament in the thirty-seventh year of the republic of india asfollows:- chapter i preliminary5 1 (1) this act may be called the environinent (protection) act, 19a6 shorl (2) it extends to the whole of india litle, extent and commcnee· menl (3) it shall come into force on such date as the central government may by notification in the official gazette, appoint and di1fet'ent dates may be appointe4 for cuft'erent provisions of this act and for different 10 areas 2 in' this act, unless the context otherwise requires,-doiw· tiou (a) "environment" includes water, air and land and the interrelationship which exists among and etween water, air and land, and human beings, other living creatures, plants micro organism and property; 5 (b) "environmental pollutant" means any solid liquid or gaseous substance present in such concentration as may be or tend to be injurious to envi·ronment; (c) "environmental pollution" means the presence in the environment of environmental pollutions; 10 (d) "handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use collection, destruction, conversion, 'offering f~r sale, transfer or the like of such substance; (e) "hazardous substance" means any substance or preparation 15 which, by reason of its chemical or physico-chemical properties' or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism property or the environment; (1) "occupier", in relation to any factory or premises, means a person who has control over the affairs of the factory or the pre- 20 mises and includes, in relation to any substance, the person in possession of the substance; (g) "prescribed" means prescribed by rules made under this act chapter ii gbndal powers of the central gov!'rnment3 (1) subject to the provisions of this act, the central government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental 30 pollution (2) in particular, and without prejudice to the jlederality of the provisions of sub-seetion (1), sueh m_1inti may include measdreb wits respect to all or auy of the followinc matters, 1i8iiielr- power ofcentral-governmentto take mealureato protect andimprove environment (i) co-ordination of actions by the state governments officers and other authorities-' 35 (a) under this act, or the rules made thereunder; or (b) under any other law for the time being in' force which is relatable to the objects of this a~; (ii) planning and execution of a nation-wide· programme foi' 40 the prevention, control and abatement of en~mestal pollution; (iii) laying don' itulanls for the quihy of riroldllellt in its various aspeets; (iv) laying down standards for emiss!on or diseharre of envirolullental pollutants from various 8o'lu'ees whatsoever not being - ship or an aireraft: -5 provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; 10 (v) restriction of areas in which any industries, operations or proces¥fl or class of industries, operations or processes shah not be carried out or shall be carried out subject to certain s~e­guards; , (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (tnii) examination of such manufacturing processes, materials and substances a's nre likely to cause environmental pollution; (ix) catl'ying ont and sponsor:ng investigations and research re-1atidac to problems of environmental pollution; 20 (x) inspection of any premises, plant, equipment" machinery, manufacturing or other processes materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may 'consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this act; (rii) collection and dissem:nation of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals codes or guides relating to the prevention, control and abatement of environmental ppllution; ~5 (xiv) such other matters as the central government deems necessary or expedient for the purpose of securing the effective implementation of the provi9ions of this act (3) the central government may, if it codsiclers it necetsar)' or expedient so to do for the purposes of this ad, by ·order, published ia the olicial gazette, ~onstitute an authority or authorities by such 40 dame or name, as may be specified in the order for the purpose ofaxereisidg and performing such of the powers and functions (including the power to issue directions under section 5) of the central government under this act and for taking measures wr!tb respect to such of the matters referred to in sub-sections (2) and (3) as may be meneoned in the 45 order aad 8ubjeet to the supervision and control of 'the central government and the provisions of flueh order, such authority or authorities may exercise the powers or perform 'the functions or take the measures so mentioned in the order as if sueh authority or authorifes had beed empowered by this act to exercise those powers or rperiorm those fune-50 tions or take sul'h measures 4 (1) without prejudiee to the prqvisiclllls, of su~-&ec~ (3) of sectiqd 3, the central gover t 1il&j, appoint oftleen with iuc~ ;,~a­tiods as it thinks fit (or the purpoaes of tws act aad may ~ to them such of the powe)'s and fudetions under tbis ad as it may deem fit appointmentof oftlcen and their powers and functions power toaive l directions (2) the officers appointed under sub-section (1) shall be subject to 5 the general control and direction of the central government or, if so' directed by that government, also of ~ authority or authorities, if any, constituted under sub-section (3) of section 3 or of any other authority ot omcer - 5 notwithstanding a~ything contained in any other law but subject to 10 the provisions of this act, the central government, in the exercise of its powers and performance of its functions under this act, may issue directions in writing to any person, officer or any authority and such person, officer, or authority shall be bound to comply with such directions e1!planation-for the avoidance of doubts" it is hereby declared that 15 the power to issue directions under this section includes the power to direct-(a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water 20 or any other service 6 (1) the central government may by notification in the official gazette make rule:; in resp~ct of all or any of the matters referred to in section ) rules torelu-late environmental pollution (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide' for all or any of the following 25 matters, namely:-(a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different a:reu; 30 (~) ~proc~ures and saf,guards for the handling of hazardous ~bstpn~;· , (d) the prohibition and restrictions on the handling of haz~r­dous substances in different area's' , (e) the prohibition and restrictions on the location of indus 35 tnes and the carrying on of processes and operations in di1ferent ateas; <i) the procedures and safeguards for the prevention of acci~ts ~ju~h may cause environmental pollution and for pr~vidingfoj' re~ ~,dlal measures for such accidents, chapter til prevention, control and abatement of environmental pollution7 no person carrying on any industry, operation or proceu shall discharge or emit or pennit to be discharged or emitted any environ-5 mental pollutant in excess of such standards as may be prescribed persons carrylnl on industry, operation,etc not to allow em1aalon orclilcbarpo! environmental pollutants in excels oftbe standards 8 no person shall handle or cause to be handled any hazardous substance except in accordance with su-:h procedure and after complying with such safeguards as may be prescribed perlona handling hazardous substancelto comply with procedural safeguards 9 (1) where the discharge of any environmental pollutant in excess 10 of the prescribed standards occurs or is apprehended to occur due to nny accident or other unforeseen act or event; the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge j 5 and shall also forthwith-furnishingot information to authorities and agencies in certain cases (a) intimate the fact 'of such occurrence or apprehension of such occurrence; and (b) be bound if called upon, to render all assistance, to such authorities or agencies as may be prescribed 20 (2) on receipt of ftinfonnation with respect to the fact or appreh~nsion· of any occurrence of the nature referred to in sub-section (1) , whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as early as practicable, cause such remedial measures to be taken as are necessary 25 to prevent or mitigate the environmental pollution (3) the expenses, it any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2), together with interest (at such'reasonable-rate as the government may, by order, fix) from the date when a demahd for the expenses is made till it is 30 paid· may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand, powers of entry adld8-paction 10 (1) subject to the provisions of this section, any person empowered by the central government in this behalf shall have a right to enter at ;all reasonable times with such assistance as he considers nec:eesary, , any pla~ j (4) for the purpose of performing any of the functions c1f the 5 central government entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions aret to be performed or whether any provisions of this act or the rules made thereunder or any notice, order direction or authorisation served, made, given or granted under 10 this act is being or has been complied with; (c) for the purpose of exam,ining and testing any equipment industrial plant, record register, document or any other material object or for conducting a search afany buildings in which he has reason to believe that an offence 1,lilder this act or the rules made 15 thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder or that such seizure is 20 necessary to prevent or mitigate environmental pollution (2) every person carrying on any industry, operation or process or handling any hazardous substance shall be bound to render all,assistance to the person empowered by the central government under sub-scction (1) for carrying out the functions-under that sub-section and if he falls 25 to do so without any reasonable cause or excuse, he shall be guilty of an offence under this act (3) if any person wilfully delays or obstructs any person empowered by the central government under sub-section (1) in the performance of his functions he shall be guilty of an offence under this act 30 ' - 2011974 (4) the provisions of the code of criminal procedure, 1973, or, in relation to the state of jammu and kashmir, or any area in which that code is not in force, the provisions of any corresponding law in force in that state or area shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under 35 the authority·of a warrant issued under section 94 of the said code or, as the case may be, under the corresponding provision of the lt8id la~ 11 (1) the central government or any officer emppwered by it in this behalf, shall have power to take, for the purpose of analysis,sampies of air, water, soil or other substance from any factory, premises or 40 other place, in such manner as may be prescribed powertc tue sample and procedure to be followed in ooonec:t ion alb (z) the result of any analysis of a sample taken under sub-sectlon (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sectlons (3) and (4) are complied with (3) subject to the provisions of sub-section (4), the person taking 45 the sample under sub-section (1) shall-, (4) serve on·the occupier or his agent cir person in charge of ·tlie place a notice, then and there, ~ aich form as may be prescribed, of :his intention to have it so 'analysed; " (b) in the p~ee c)f the' occupier or bts • ,t ~r ~ 50 collect a sampl~ fo~~ iy8is; , (e) cause ,the s~ple to be pl4ced in a container or contalnen which shah be mark~ and s~aled and shall a~ be siped both by the person taking the sample arid the occupier or his agent or other person; 5 (d) send without del,ay, the container or the containers to the laboratory established or recognised by the central government under section 12 (4) when a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, jo a notice under clause (a) of sub-section (3), then,-(a) in a case where the occupier, his agent or person wilfully absents himself, the penon taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also' be signed ,by th,e pers~n 15 taking the sample, and (b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (e) of sub-section (3), the marlted and sealed container or containers 20 shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recqgnised under section 12 and such person shall inform the government analyst appointed or recognised under section 13 in writing, about the 25 wilful absenre of the occupier or his agent or person, or, as the case may b~, his refusal to sign the container or containers 1z (1) the central government may, by dotifleation in the q8leia1 environ-gazette,-- mental laborulories (0) establish one or more viroojnentailaboratori ; 30 (b) reeoanise one or e laboratories or institute al _vironmantal laboratories to carry oat the fanc"ods entrue-! to an en\'ironmental laboratory under this act (2) the central government may, by notification in the official gazette, make rules specifying-(a) the functions of the environmental laboratory: 35 (b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, tqe form of the laboratory repor:t thereo~ and the fees ,pay:~ble for such report; 40 (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions government analysts 13 the central government ma" by notifteatiod ill tbe qfiicial gautte, appoint or recognise lueb 1 period as it thidki fit an having the prescribed qualiftcatlonll to be goveni t ad,' for the pu 45 pose of analysis of samples of all, wa-" sou 01'\ 0_ ce ~t ~ad~fs" to " enviro~~taj "li~~tqq'; ~~~i~~ ~r ~~ised ~~ ~:~~~ (~) "" j,ction u : 14 any doeumel)t pu~orting, to ~'a report signed by a government analyst inay be used' as evidence' of the fact's stated therein in any ptoceeding under this act ' , report of government analysts 15 (1) whoever fails to comply with or contravenes any of the provisions of this act or the' rules' made or btders or directions issued 5 thereunder shall, in respeet of each such failure or contravention, be punishable with imprisonment for a term which may extend to five penalty for contravention of the provisions 0( the act and tbe rules orders and directions year~ ~ or with fine w~ich may extend to one lakh rupees, or with both, and in case the failure or contravention continu~s, with additional fine which may extend to five thou~nd rupees for every day during wpich j 0 such failure or contravention continues after the conviction for the first liuch failure or contravention (2) if the failure 01' contravention ~ferred to in sub-tjection (1) continues beyond a period of one year'after the date of conviction the offender shall be punishable with imprisonment for a term which may j 5 extend to seven years 16 (1) where any offence under this act has been committed by a offences by compaaies co~pany, every person who, at the time the offence was committed was dir~ctly in charge of, and wu responsible to, the company for the conduct of the business of the company as well as the company shall 20 be deemed to be guilty of the offence and 'shall be liable to be pro· eeeded against and punished accordingly: prov'jded that nothing contained in this sub-section shall render ~'ly such person liable to any punishment provided ,in this act, if he proves that the off:ence was committed without his knowledge or that 25 he exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1) where anoffenbe anderthis';act has 'beell committed by a company and it is proved that the offence has been committed with the consent or connivance of qr)s atu;b~table to ~~y neglect on the part of, any direc- 30 for, manager, secretary or other omcer of the company such director, manager, &eltretary or other ofilc:er shall also be deemed to be guilty of that otjence'and shall, be l~bleto be proceeded againit and punished accordingly explanation-for the purposes of this section,-35 (a) "company" means any body corpot'bte, and includes a finn or other association of individuals;· and (b) "director", in relation to a finn, means a partner in the fum r oiences by government depart· ments 17 (1) wbere an offence under this act has been committed by any 40 department of government, the head of the department shall be deemed to be guilty of tl!ettffence and shall be liable to be proceeded agai,st and punished accordingly: l ;iprovided that nothing adntained in this section shall render such head ,of the departmedt liable to any· punishment if he proves that the 45 off_ was commftted· without his, )moy/1edge or that -he exercised all due: ~ce to prevent :'the commis8ion of lueh offedce : (2); notwithstanding anything contained in sub-sectton(l), where an offence under this act has been committed 'by a department of' gove~fnt and it is proved that the offence luis been committed with the colll8nt or eopdiy-ce of, 01' is' attributable to any n,eglect on the part o~,any oftlcer,othei' than the head of ' 'the department, such 01beer' shall also be deemed'to be guilty of that offence and ihall be liable to be 5 proceeded against and punished accordingly chapter tv i,protection of action labnin jood faith 18 no suit, prosecution or other legal proceeding shall lie against, loth government or any officer or' :othet· employee' of the goverament or any authority constituted under this act or any member, dlbcer or other employee of such authority in respect of anything which is done or tntended to be done in good faith inpursuanco of t};1i8 act or the roles made or orders or directions issued thereunder 19 no ,court shall take cognizance of any offence under this act ek-15 cept on a complaint made by-cogniz_ anceot ~:, offences (a) the central government or any authority or officer authorised in this behalf by that government; or 20 (b) any person who has given notice of not less than sixty daylij in the manner prescribed of the alteged offence and of his inten~ tion to make a complaint to the central government or the authority or officer authorised as aforesaid: provided that cognizance of an offence shan not be taken under clause (b) where, during the said period of sixty days, the central gov-ernment or the authority or officer, as aforesaid has itself or himself 25 made a complaint to the court of competent jurisdiciion of the alleged oo'ence or has >communicated to the said person of its or his refusal'to informa_ make such a complaint - tions reports or returns 45 ot 1860 28 the central government may, in relation to its functions under this act, from time to time, require any person officer, state govern-30 ment or other authority to furnish to it or any p1'escribed authority or oftlcer any reports, returns, tatistics, accounts' and other tnformati<m and such person, oftl~, state government or other authority abah be bound to do so ,,' 81 all thfe membersr -of the' author'ityconstuuted, if any; under 35 section:'i and all oftlcers and other employees of such authority when acting or purporting to aet in pursuance of any provisions df this act or the rules made or ol'ders or directions issued thereunder shall be deemed to be public servants within the 'meanin~ of section 21 of the indian penal code members officers lind employees of the authority constituted under section 3 to be public servants rarol jurlsdictlon powrlo dele,ate 40 28 no: civil court shall have jurisdiction' tq entertain any suit or proceeding in respect of anything dode,actioniak-en or order or direction issued by the central government or any other authority or officer tn pur$u&nce of, any power conferred by ot in ,relation to its or his functions under thjs act 45 23 without prejudice to the provisions of sub-section (3) of aeetioj1, 3 the centj:al government ,may~ qy notification jn theq~cial g~,ette, delegate subject to such conditions and limita~ions as ,may be specified in the notification such of its powers and functions under this' ad [excep the power to constitute an' a1itbority under bub-siction (3) of section 3 and to make rules under section 25] 81 it may deem necessary or ~dient to any oftlcer state government or other authority effect of other 1&," h (1) save as otherwise provlded by or under the atomic en~ 5 act, 1962 in relation to radio-active air poll~tion and subject to the 33 of 1962 provisions of sub-section (2), the provisions' of this act and the rules or orders made therein shall ·have effect notwithstanding anything inconsistent therewith con~ined 'in any enactment other than this act (2) where any act or omission constitutes on offence punishable udder 10 this act aadal80 under any other act then the often~er found guilty of such offence shall be liable to be puniljhed under the other act and not unc:k!r this act !s (1) the central government may, by notification in the oftlcial gazette, make rules for carrying out the purposes of this act ' 15 power to make a (2) in particular, and without prejudice to the generality of the foreloing power, such rules m£y provide for all or any of the following matters, namely:-(a) ~he standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; 20 (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities oj' agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any!l5 environmental pollutant in excess of the prescribed standards shall be liven to whom an assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other suhstance for the purpose of analysis shall be taken under sub-section (1) 30 of section 11; (e) the form in which il9tice of intention to have a sample analysed shall be served under claluse (a) of sub-section (3) of aection 11; (f) the functio~of the environmental laboratories, the prace- 35 dure for the submission to such laboratories of samples of· air, water, soil and other substances for aaalysil or test; the form of jaboratory report; the fees ~yable for such repert and other matters to enable such laboratories to cany out their functions under liubsection (2) of ection 12; (g) the qualiftcations of government analyst appoin~d or re- 40 cognised for the purpose of analysis of amples of air, water, soil or other substances under section 13; (h) the manner'in which notice of the oftenae and of the inten tionto make a complabat to the central govemment shall be given 45 under clause (b) of likltlon 19; (i) the authority br offtcer to whom any reports, returns, stauirtics accounb! and other information shall be furnished under sectioli 20; (j) any other matter whieh is required to be or maybe presci1bed 50 auiei made under this act lobe laiel before parliameat ~ ~ery rule made under this a'ct shall be latcl, ii soon· as may be, after· it is made, before eaicl1 houle of par~\ wtuie it is b1 iiitwoii, for a· total peri(1d of thirty days which may' be eotnpri~· in o~beist6n or in two or more sttecessive se~ions, and if, before the expiry of ih'e 5 session immediately following the session or the suecessive sessions afore8'aid, both houses agree in making any mo4iftcation in tpj;e rote or both houses agree that the rule should not be made, the rule shall ~­after have effect only in such modlfted form or be of no effect, as the case may be; so, however, ihat any such modification or annulment 10 "hllu be without prejudice to the validity of anythm, previously doni lmder that rule co~ over tbe state of ~nvirodment baa grow~ ,the world _ since, the sixties the dec~ in environmental q~ty bas been evi· d~ced by inerealliug piouution,loss of ,·eial cover and biological di~ty excessive concentrations of harmf1ll chemicals in the ambient atplpsphere andin food, chains, growing risks of environmental accidepts uid' t~reats to li~e $upp9rt, ~ys~ms the world co~unity's resoive to rrote~tand enhance the e~~ironmental quality found expression in the decislons, taken at the united ~ations conference on the human environment held in stockholm in june 1972 government of india participhted in the conf~ence and' strongly voiced the environmental concerns while several measures have ~ taken for environmental protection both before and after the conference, the need for a general legil'iation further to implement the decisions of the conference h~s become increasin~ly evident 2 although there are existing laws dealing directly or 'indirectly with several environmental matters, it is necessary to have a general legislation for environmental 'protection existing laws generally focus on specific types of pollution or on specific categories of hazardous substances some major areas of environmental hazards are not covered there also exist uncovered gaps in areas of major environmental hazards there are inadequate linkages in handling matters of industrial and environmental safety control mechanisms to guard against slow, insidious build up of hazardous substances, especially new chemicals, in the environmen,t are weak because of a multiplicity of regulatory agencies, there is need for an authority which can assume the lead role for studying planning and implementing long term requirements of environmental safety and to give direction to, and co-ordinate a system of speedy and adequate response to emergency situations threatening the environment 3 in view of what has been stated above, there is urgent need for the enactment of a general legislation on environmental protection which intet alia, should enable co-ordination of activities of the various regulatory agencies, creation of an authority or authorities with adequate powers for environmental protection, regulation of discharge of environmental pollutants and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health 4 the bill seeks to achieve the above objects new deuu; z r ansari the 2nd may, 1986 president's recommendation under article 117 of the constitution of india[copy of letter no 1 (1) 18~pl, dated the 2nd may, 1986 from shri z r ansari, minister of state in the ministry of environment & forests to the secretary-general, lok sabha] the president, having beftn informed of the subject matter of the proposed environment (protection) bill, 1986 recommends the consideration of the bill in lok sabha under article '117(~) of the constitution notes on czausd -clause 1 deals with the short title, extent and commencement of the legialation the legislation will ·c'oille into foree 011- the date notule«i by the ~entral government and different dates maybe notified for different provisions and for different areas clause 2 detiaes the various words and expressions used in the billclause 3 vests power in ute central government to take all such measures as are necessary or expedient for the purpose of protecting and improving the quality of environment and preventing, controlling or abatiog environmental ppllution the clause also enumera~essome of such measures this clause further empowers the central government to constitut an authority or authorities for the purpose of the legislation clause 4 empowers the central government to appointofticers for the purpose of the legislation' clause 5 empowers the central government, in exercise of its powers and performahce of its functions under the legislation, to issue directions to any person, officer or authority clause 6 empowers the central government to make rules· to carry olli the purpose of the legislation in relation to matters falung withip the purview of section 3 the clause also enumerate!! some of the mat~on which such rules may be made clause 7 prohibits carrying on of any industry operation or process which discharges or emits any environmental pollution in -excess'of the standards laid down under the rules clause 8 enjoins upon persons to ('omply with the procedures laid do~n and safeguards prescribed under the rules' in the hand1in~ of hazard01la substances clause 9 enjoins upon the persons responsible to mitigate ellvironmental pollution and also to intimate the fact of any occurrence or apprehension of any occurrence relating to envirol1mental polluti~n to the pr~s~ri~d authorities and further to assist those authorities in preventing or miti~t­in~ environmental pollution the expenses if any, inc'urred with respect to remedial measures shall be recoverable from the persons responsible \' clause 10 4;!nables the officers empowered by the cpntr,l government tn enter ;md inspect any place for the purpose of performing~ny f~n~­tion-; entrusted under the leqislation this clause also enjoins upon the persons carrying on any i ocl' tstry· opqration or process or handling' any hazardous subo;tanre to render all assistance to the central government and its officers and any failure or wilful delay or obstruction on the part of any such person s~al1 be punishable under the legislation , ;, ,, claue 11 deal with the 1)pwer of the central government and its omcera to take samples of air, water, sou or substances and the procedure for taking ()f such samples clause 12 empowers the central gove~ment to establish environmental laboratories or recognise 'any laboratory or institute as an environmenta,l laboratoi?" clause 13 empowers the central gevernment to appoint or recognise government analysts for the purpose of analysil of samples of air, water soil or any other substance clauie 14 lays down that any document purporting to be a report signed by the government analysts may be used as evidence of the facts ~ta~ therein in any proceeding under the legislation c,laule 13 provides for the penalty for contravention of any provisions of the legislation or any rules made or orders or directions issued ther&in the p,uniabment provided for the first offence may extend to five years imprisonment or fine of one lakh rupees or both and in case of continuing contr8ven~~n additional fine of tup,88s five tho~and for every d~y and an enhanced sentence of imprismunent for a term whic~ may extend to seven years where contravention continued beyond a period of one year af~ the'! date of conviction clause 16 fixes criminal liability also on the directors and principal officers of a company where an offence is committed by a company clause 17 fixes criminal liability also on the heads of the department of gowrnmeni where an offence is committed by the concerned department arid the head of the department is not able to prove that the offence was committed without his knowledge or that he had exercised all due dilip'nce to pr,event ule commission glf such offence clause 18 protects the ofticera and the employees of the government from prosecution or other legal proee!edings for the acts done or intended to be done in go~ flli~ ",~der the legts1~ti()d or the rules made ~r ,orders or directions i~sued thereunder, clause 19 lays down that no court shall take cognizance of any offence und~r the legislation except on a co~'pla~nt made by t~e central government or anyaut'1iority or officers author;i~ec;lin th~s 1?e~au or by any person who has given notic,e of not less, than sixty clays of his ~ntenti~t:1 tc? make a co~plaint, if within those ~xty d;ayls th~ ~overnment o'r officer has itself or himseh not made the complablt and has n9,t communicated to ,such pe~n its or 'his refu~itomake's':lch' a cod\p1aint ' clause 2q empow,ers tj:te~entra,lgovermpe~t to require a,ny p~rson, "mcer, state government or other authority to furniflh information repor,ts or'returns etc, ", ' cl4usr 21 lays down that the members of the authority under section 3 and all officers and employees of the govemment or sueh authority shall be public sf!rv8nts ,' ' , ' claure 22 bars the jurisdiction of civil courts to entertain any suit or proceeding in respect of anything done, action taken or order or directiod issued by the central government or any other authority or 'ofilcer i pursuaiilce of any power conferred by or in relation to its or his funo tionb under the legislation clause 23 ~powers the' central' government to delegate all or any of its powers under tpe legislation to any amcer, state government or uthoruy clause 24deala with the effect of the proposed legislation on other laws clause 25 empowers the central governm~t to make rules for carrying out the purposes of the proposed legislation claure 26 requires the rules to be laid before parliament the broad scheime of the bill is mainly to achieve co-ordidatioil of activities and functions of the existing statutory and other agencies in the ~d of environmental protection at the central and state levels clause 3 (2) provides for the following: (i) laying down standards for the quality of environment in various aspects [subclause (iii) ] (ii) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever not being a ship or an aircraft [sub-clause (iv)] (iii) carrying out and sponsoring investigations and research relating to problems of environmental pollution [sub-clause (ix) ] (iv) collection and dissemination of information in respect of matters relating to environmental pollution [sub-clause (xii)] (v) preparation of manuals, codes and guides relating to prevention, control and abatement of environmental pollution [subclause (xiii)] it is, however, not possible to visualise at this stage the actual expenditure which may be involved on this account after the proposed authority becomes fully operational, the recurring annual expenditure on the above items is likely to be of the order of rupees 10 lakhs clause 3 (3) of the bill contains a provision under which the centrrl government may, by order, if it considers necessary or expedient so to do, constitute an authority or authorities for the purpose of exercising ~h of the powers and functions of the central govertnment as may be mentioned in the order this is an enabling provision the decision when to constitute an authority or authorities and, if so, what should be the composition of such authority or authorities, will have to be taken after considering the relevant factors in the circumstances, it is not possible at this stage to exactly visualise the nature and quantum of the expenditure which may be involved in constituting such authority or authorities under this subclause however, as and when the authority is set up, secretarial assistance will be provided by the department of environment, forests and wildhfe as the authority's activities will grow in a phased manner, the annual'recurring expenditure, payment of salaries, fee- allowances (including travelling allowances) is expected to be of the order of ri 51akhs initially and will stabilise around a level of 12lakhs clause 4(1) of the bill also contains an enabling provision to begin with, oftleers already wor1dng in statutory or other agencies, should be entruited with the additional powers and functions under the proposed leglslation and, therefore, no additional expenses will be involved under this cluase clause 12(1) provides that the central government may, by notification- in the official gazette, (a) establish one or more environmental laboratories or (b) recognise one or more laboratories or institutes as en- vironmentallaboratories to carry out the function entrusted to the environmental laboratories under the legislation it is not possible at this staseto visualise the number of environlnentallaboratories that will be estabushed or recognised or the equipment or personnel needed the existing laboratory, facilities available in different parts of the country will have to be examined before taking any final decisions efforts will have to be made to fully utilise existing facilities and avoid needless duplication hgwever, it is necessary to establish or recognise one main laboratory and four l"!-gional laboratories the non-recurring expenditure on lands and buildings for the five laboratories is likely to be around rupees 300 lakhs for fully equipping the laboratories the non-recurring expenditure will be of the order of rupees 500 lakhs the above expenditure is likely to be spread over a period of five years the above expenditure will be incurred if all the five laboratories are to be established without utilising the existing facilities the annual recurring expenditure on each laborlltory is likely to be around rupees 5 lakhs in the initial phases and rupees 12 00- 15 lakhs after full development it may, in fact, be necessary to establish only one or two 'such -laboratories and recognise existing, laboratories (as environmental laboratories) after suitable strengthening in such an eventuality, expenditure involved will be correspondingly reduced clause 13 provides for the appointment of government analysts the expenditure on the government analysts is included in the above recurring expenditure for environmental laboratories the authority to be constituted under section 3 may cause contingency plans to be formulated by various agencies or authorities for meeting any emergency situations these may involve provision of certain equipment and facilities it is, however, not possible at this stage to quantify such likely expenditure no other recurring or non-recurring expenditure is involved clause 3(3) empowers the central government to constitute an authority or' authorities for th, purposes of exercising such of the powers or functions of the central government un4er the legislation as that government may deem necessary or expedient clause 6 empowers the central government to make rules to carry out the purposes of the le8ia1ation in respect of the matters falling within the purview of clause 3(1) clause 6(2) enumerates some of such matters clause 7 empowers the central goverdjx1eilt to lay' down, by rules, the standards in excess of which oviromnental pollutants shall n,ot be discharged or emitted 2 oause 8 empowers the central gov~ent to make rules to lay down procedures and prescribe safeguards in accordance with which hazardous substances shall be handled clause 9 empowers the central government to prescribe, by rules, authorities or agencies which shall be bound to prevent or mitigate environmental pollution and to whom the intimation of the fact of an occurrence or apprehension of an occurrence relating to environmental pollution shall be given clause 11(1) empowers the central government to prescribe, by rules, the mander in which samples of air, water, soil or any substance shall be taken clause 11 (3) empowers the central government to prescribe, by rules, the form in whk:h a notice of intention to have a sample analysed shall be given clbu8e 1~(2) empowers the centl'al government to make rules prescribing the functions of the environmental laboratories; the procedure for the submission to such laboratories of samples of air, water or sou or any other substllidce' for analysis or test; the form of laboratory report; the fee payable for 'such report; other matters enabling such laboratories to carry out their' functions and the quauflcatiods cjf government analyst appointed or recognised clause 19 (b) empowers the central government trl prescribe, by rules, the numner in which the notice of intention to make a complaint shall be given clause 20 empowers the central government to prescribe, by rules, the authority ·or oftlcer to whom any reporta, returns, statistics, accounts and other infonnation: shall be furnishett 3 the matters with respect to which the rules may be made under clauses 6, 7 and 8 are matters of highly technical and specialised nature in most of such matters, it would be possible to frame rules only after detailed study, research and investigation it is, therefore, not practicable to make provisions for the same in the bill and the delegation of legislative power is thus necessary and unavoidable the remaining matters with respect to which rules may be made are matters of administrative or procedural det~t11 for which it is not practicable to make provisions in the bm the delegation of legislative' power in respect of these matters ls, therefore, of a normal character a bill ,we tile protecttoll add improftiiaem at e'--d add :b' mattert cciililecw thelw'" (shri z a ansari, m~ of st4te i the jliafst7'7l of eyi~ i: foreiti)

Parliament_bills

419fd41a-7d41-54ad-8722-af1d1dda955a

bill no a of u the tea (amendment) bill, 1986 a billftwther to «mend the tea act, 1953 bz it enacted by parliament in the thirty-seventh year of the republic of india as follows:-1 (1) this act may be called the tea (amendment) act, 1986 short title add co mencemeal (2) it shall come into force on such date as the central govemmentt 5 may, by notiftcation in the ofticlal gazette, appoint 29 of 1953 z in section 25 of the tea act, 1953 (hereinafter referred to as the principal act), in sub-section (l),-ameadment of be\"lioo 25: (a) in 'the opening paragraph, for the words "at the rate of four paise per kilogram", the words "at such rate not exceeding fifty paise 10 per kilogram as the central government may, by notification in the ofbdal g~tte, fix" shall be substituted; (b) for the proviso, the following pro-iso shall be substituted, namely:-"provided that different rates may be fixed for difterent 15 varieties or grades of tea having regard to the location of, and the climatic conditions prevaiung in, the tea estates or gardedi producing such varieties or grades of tea and any other clreumstances applicable to such production" lucrtioil of 3 after section 28 of the principal act, the following section shall dow aectiod be inserted, namely:-5 zsi\ writiq oft of 10lles "28a subject to such conditions as may be specified ,:by the central government, where the board is of opinion that any amount due to, or any 1088, whether of money or of property, incurred by, the board is irrecoverable, the board may, with the previous approval of the central government, sanction the writing off finally 10 of the said amount or loss: amead-provided that no such approval of the central government shall be necessary where such irrecoverable amount or lobs does not exceed in any individual case and in the aggregate in any year such amounts as may be prescribed!' 15 4 in section 49 of the principal act, in sub-sedtion (2), after clause (;) the following clause shall be inserted, namely:-dlcdt of leclioa 49 cc (;ei) the amounts for the purposes of the proviso to section 28a;" statement of objects and reasonsunder section 25 01 the tea act 1953 (29 of 1963), the cenwal government is empowered to levy and collect as a cess, a 4uty of exci8e oil all tea produced in india at the rate of four paise per kil~ the central government is, however, empowered to fix a higher ~te of·08i8 not exceeding 88 paise per kilogram the present rate of cess of eight ·paise per kilogram was made effective from august, 1978 although, thia 'rate i8 almost at the maximum rate allowed under the act, the amount of cess collected has become insufllcient to meet the expenditure of the various developme1ltaland other activities of the tea board the pp between the proceeds from the cess and the actual expenditure of the tea board is likely to widen further in view of the higher level of expenditure envisaged in the seventh plan the ceiling of bb paise per kilogram, therefore, needs to be revised it is, accordingly, proposed to amend section 25 of the act for providing higher ceiling of levy of cess at a rate not exceeding fifty paise per kilogram as the central govemment may, from time to time, fix by notification it is also proposed to empower the central govern,ment to fix different rates for different varieties and grades of tea having regard to the geographical citmatic and other circumstances relating to the pt'oduction of the di1ferent varieties and grades of tea 2 opportunity is being avaued of to include, in pursuance of the recommendations of the committee on subordinate legislation of the lok sabha, an express provision in the act relating to the powers of the tea board to write off losses as irrecoverable 3 the bill seeks to achieve the aforesaid objects new delhi; p shiv shanker the 7th april, 1986 clathle 4 of the btu leek to insert a new dause (ja) in sulhection (2)" of section 41 of the tea act, 1_, 80 u· to empower 18 • central gov enunent to preserlbe by ral the jnc8dure to be followed in wriudg off 1diee8 add waiving recoverl under new aection 28a 2 the matteta with respect to which the centl'al govermnent would make rub under the new elause are matterj in respect of whieh it tl not practticable to make exprea proviiice in the lc!1ia1atien i_if the du" ptton of legislative power is thai normal in character , :; , ' - !~ ': t, i - - - - - 25 (1) there shall be levied and collected as a cess for the purposes of this act, a duty of excise on all tea produced in india at the rate of four paise per kilogram: imposition of ceu od tea produced ill jadla provided that the central government may from time to time fix, by notiftcation in the official gazette, a higher rate, not exceeding 88 paise per kilogram at which the duty of excise shall be levied and collected - - - - - po" of otra1 oovem-iiliiit to make rulea 49 (1) - - - - - (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 biij further to amend the tea act, 1953 (shrl p shiv shankar m'inister of commerce)

Parliament_bills

bb1c9283-4098-5d90-88d6-89e04f559277

bill no 85 of 2017 the regulation of private hostels and paying guest accommodation centres bill, 2017 by shri maheish girri, mp a billto provide for the constitution of a board for regulation of private hostels and paying guest accommodation centres and for matter connected therewith be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—(2) it extends to the whole of india (3) it shall come into force on such date, as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—5(1) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(2) "board" means the private hostels and paying guest accommodation centres regulatory board constituted under section 3;(3) "paying guest" means—10(a) a student staying in a private hostel or paying guest accommodation centre and enrolled,—(i) in a course in an institute recognized by the university grants commission; or15(ii) in a pre-examination coaching centre for admission into any medical, engineering or any other professional course or for securing government or private job through written or oral examination conducted by any agency of the government or a private establishment; or20(b) a working professional, either government or private, who is allowed to use a part of a residential premises, either individually or jointly, by its owner or occupier for a certain period of time, on a payment basis; (4) "prescribed" means prescribed by rules made under this act; and (5) "private hostel" means a residential premise or centre set up by any household, private entity or individual to accommodate paying guest on rental basis for a fixed duration253 (1) the central government shall, by notification in the official gazette, constitute a board to be known as the private hostels and paying guest accommodation centres regulatory board for the purpose of regulating the operation of private hostels and paying guest accommodation centres30(2) the board shall consist of a chairperson and such other members to be appointed by the central government in such manner as may be prescribedconstitution of private hostels and paying guest accommodation centres regulatory board(3) the board shall have its headquarter in new delhi and office in every state and union territory(4) the central government shall appoint such number of officers and employees as it considers necessary for the efficient functioning of the board35(5) the salary and allowances payable to, and other terms and conditions of service of the chairperson, members, officers and employees of the board shall be such as may be prescribed4 (1) the board shall—functions of the board40(a) carry out detailed survey of all the private hostels and paying guest accommodation centres currently operational in the country;(b) frame mandatory minimum criteria of operations and basic services to be provided by private hostels and paying guest accommodation centres;(c) in consultation with the state governments, and taking into consideration the social and economic conditions of the state concerned, frame mode rules and regulations for operation of private hostels and paying guest accommodation centres; and(d) undertake any other function as it may deem necessary for carrying out thepurposes of this act5(2) without prejudice to the generality of provisions contained in sub-section (1), the model rules and regulations for private hostels and paying guest accommodation centres may include—(a) types of accommodation to be provided, either shared accommodation, singleroom or common hall;(b) limit on the number of occupants per room in case of shared accommodation;10(c) minimum number of rooms, minimum size of each room and a minimumthreshold area per paying guest in case of shared accommodation;(d) provision of separate accommodation facilities for male and female payingguests;15(e) provision of basic facilities such as water, electricity, cupboard, bed, kitchenand security provisions such as closed circuit television (cctv) cameras, especially for the safety of female paying guests;(f) minimum number of supporting staff for each private hostel and paying guestaccommodation centre;20(g) fixing of responsibility of owners and management of private hostels andpaying guest accommodation centers for safety and security of paying guests and liability in case of any accident or incident taking place at such private hostel or paying guest accommodation center;(h) verification of paying guest;25(i) provision of first aid (medical), fire safety and other emergency services atprivate hostels and paying guest accommodation centers;(j) mechanism for monitoring and vigilance for private hostels and paying guestaccommodation centers;(k) establishment of grievance redressal mechanism for paying guests; and30(l) provision of penalty to owners of private hostels and paying guestaccommodation centres for non-compliance of any of the model rules or regulations5 every private hostel and paying guest accommodation centre shall be registered with the appropriate government in such manner as may be prescribedregistration of private hostels and paying guest accommodation centrespower to make rules356 (1) the appropriate government may, by notification in the official gazette, make rules of carrying out purpose of this act40(2) every rule made under this act by the central government 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 the 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 any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule(3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonsour country has witnessed large migration from rural parts of the country to urban cities students and working professionals who migrate from small towns and rural areas of the country to pursue higher educational or prepare for entrance examinations of various professional and educational courses or recruitment examinations, face a very basic but critical problem of finding adequate living space for themselves such people have two choices either to live in rented flats or look for hostel or paying guest accommodation latter option being more economically viable, a very high percentage of students and working professionals especially women opt for private hostels or paying guest accommodation henceforth, in last decade or so, this problem of accommodation has been exploited very well by the large number of private entities and individuals by setting up private hostels and paying guest accommodation centers for these students and working-professionals but most of these centers fail to provide basic minimum services and proper living conditions to the occupants this sector is also highly unregulated in our country, which has led to noncompliance and poor services and is purely being treated for business purpose to gain maximum profit in most of the cases, occupants are forced to live in congested rooms with many sharing a single room food in their mess has hardly any quality control mechanism and the owners prefer to buy low quality grains and vegetables to save money poor infrastructure of private hostels and private accommodation does not guarantee safety of girls and we have come across many incidents in the recent past, where security was a major concern that led to unsavory incidentsthis bill seeks to provide for basic regulatory mechanism to safeguard basic interests of the students and working professionals, especially females, to provide them with basic living conditions and regulate the business of private hostels and paying guest accommodation centreshence this billnew delhi;maheish girrinovember 21, 2016 financial memorandumclause 3 of the bill provides that central government shall constitute the private hostels and paying guest accommodation centres regulatory board to regulate the operation of private hostels and paying guest accommodation centres in the country it also provide for appointment of officers and employees to the board the bill, therefore, if enacted, would involve expenditure from consolidated fund of india it is estimated that a recurring expenditure of about rupees ten crore would be involved per annum from consolidated fund of indiaa non-recurring expenditure of about five crore rupees is also likely to be incurred memorandum regarding delegated legislationclause 6 of the bill empowers the appropriate government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a bill to provide for the constitution of a board for regulation of private hostels and paying guest accommodation centres and for matter connected therewith————(shri maheish girri, mp)

Parliament_bills

bb279330-5177-58d8-a4e7-d5f26abdf21a

bill no 321 of 2015 the payment of minimum wages (for workers and others) bill, 2015 by shri chandrakant khaire, mp a billto provide for payment of minimum wages to workers and others and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—2 notwithstanding anything contained in any other law for the time being in force or any judgement, decree or order of any court to the contrary, the minimum wages shall be as follows:—payment of minimum wages to workers, etc(a) for unskilled workers, rupees five hundred per day; (b) for semi-skilled workers, rupees one thousand per day;5(c) for skilled workers, rupees seven hundred fifty per day; (d) for clerical work for those who have completed class twelve, rupees eighthundred per day;(e) for supervisors, rupees one thousand per day; and (f) for managers, rupees one thousand and two hundred per day103 the minimum wages referred to in section 3 shall be revised by the central government every three years according to increase in cost of living index in such manner as may be notified by the central governmentrevision of minimum wages by the central government15fixation of minimum wages of a skilled worker4 where an organisation or establishment makes payment of minimum wages on a monthly basis, the minimum monthly wages of a skilled worker and manager shall not be less than rupees fifteen thousand per month and rupees thirty-five thousand per month, respectively, and minimum wages per month of other persons referred to in section 2 shall be increased thirty times their daily wagespowers to make rules20 5 (1) the central government may make rules for carrying out the purposes of this act25(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the 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 statement of objects and reasonsthe payment of minimum wages act, 1948 enacted many years back does not in practice guarantee of minimum wages to workers and the wages have been left to the state governments for their implementation however, in practice even skilled workers are getting meagre wages and compelled to work for long duration to earn that meagre wages there is no provision of revision of wages from time to time with the increase in cost of living index therefore, it is proposed to fix the minimum wages specifically and also to provide for revision from time to timehence this billnew delhi;chandrakant khairenovember 18, 2015 financial memorandumclause 2 of the bill provides for payment of certain minimum wages to workers and others engaged in any organisation or establishment, payment of higher minimum wages to workers engaged in central government establishments the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that recurring expenditure of about rupees two crore per annum would be involved from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to frame rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of normal character———— a billto provide for payment of minimum wages to workers and others and for matters connected therewith————(shri chandrakant khaire, mp)gmgipmrnd—3087ls(s3)—08-12-2015

Parliament_bills

7c8d3ea3-9bb0-548d-8e99-7d8de16f7eb7

statement of objects and reasonsthere is an acute shortage of power in our country which is the primary cause of our backwardness because due to power shortage the industrial sector, the agricultural sector and the household cannot make progress at the desired levels resulting in ultimate backwardness our power stations whether these are thermal, hydel or atomic are producing electricity much below their generating capacity whereas the demand for electricity is increasing day-by-day in all the sectors it has been observed that while distributing the generated electricity, the electricity, boards and undertakings give priority to the urban areas and the industrial sector thereby neglecting the rural areas particularly the agricultural sector very often it has been seen that the electricity meant for rural areas is diverted to the urban areas hue and cry is raised by the people, by the print and the electronic media if there is a load shedding for few hours in the cities but nobody bothers when the electricity is cut off to the rural areas for months together even if the crops of the hapless farmer are withering in the absence of water as he cannot run the tubewell without electricity since more than 80 percent of our population is engaged in agriculture and agriculture-related activities, small and cottage industries, it is our national duty to give uninterrupted electricity supply to the agricultural sector, it is also necessary to provide at least ek batti connection to every dwelling unit in the country to remove their darkness to achieve these objects it is proposed to establish a rural electricity authority to provide electricity exclusively to the rural areas and uninterrupted electricity supply to the agricultural sector and to give at least one bulb connection to every household in the villages the authority will also give special attention towards drought prone areas in the country hence this bill new delhi; ramdas athawale february 28, 2000 financial memorandumclause 3 of the bill provide for the establishment of a rural electricity authority clause 4 provides for establishment of new power generating stations clause 5 provides for the appointment of a secretary, officers and other staff clause 6 provides for the moneys to be provided by central government to the rural electricity development fund the bill, if enacted and brought into operation will involve recurring expenditure of rupees five hundred crore from the consolidated fund of india every year, a non-recurring expenditure of about one hundred crore tupees is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill gives power to the central government to make rules for carrying out the-purposes of the bill the rules will relate to the matters of detail only the delegation of legislative power, therefore, is of a normal character

Parliament_bills

910752d0-e482-50b6-878c-f4b5807b853c

bill no 220 of 2017 the gazetted officers of the central government (compulsory national disaster response training) bill, 2017by shri bhairon prasad mishra, mp abillto provide for compulsory national disaster response training for all able-bodied gazetted officers of the central government and for matters connected therewithbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the gazetted officers of the central government(compulsory national disaster response training) act, 2017definitions2 in this act, unless the context otherwise requires, —(a) " gazetted officer" means a group 'a' or group 'b' gazetted officer, below the age of forty-five years, of the central government and includes officers belonging to all india services but does not include officers of indian police service, central armed police forces and armed forces; and(b) "prescribed" means prescribed by rules made under the act53 (1) the central government shall, within a period of five years from the date of selection or promotion, as the case may be, to a gazetted post provide national disaster response training to all able-bodied gazetted officers for a period of not less than three months(2) the national disaster response training referred to in sub-section (1) shall be imparted in such manner as may be prescribedcompulsory national disaster response training to gazetted officers of the central government10(3) the central government shall establish such number of institutions and take such other necessary steps, as it may deem fit, to give effect to the provisions of sub-section (1)4 every gazetted officer who successfully completes training under sub-section (1) of section 3—15awarding of certificate on completion of training(i) shall be awarded a certificate to that effect by the central government; and (ii) may, in situations of the natural and civil emergencies, be deputed to assist the armed forces, police or disaster management personnelpower to make rules5 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act20 25(2) every rule made under this act by the central government 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 the 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 statement of objects and reasonsit is definitely a good idea to have a well trained civilian as well as a trained national disaster response force compulsory national disaster response training to all able-bodied gazetted officers of the central government will make them more smart, fit, mature and motivated such a step will provide trained volunteers whose services can be utilized during civil or natural emergencies like earthquake, tsunami, cloudburst, hailstorm or floods in an efficient mannerthe bill, therefore, seeks to provide for compulsory national disaster response training to all gazetted officers of the central government with a view to develop a more strong sense of loyalty, duty and self-discipline among them and prepare a trained manpower in reserve to meet any eventuality or natural calamityhence this billnew delhi;bhairon prasad mishranovember 28, 2017 financial memorandumclause 3 of the bill provides for national disaster response training to be imparted to all able-bodied gazetted officers of the central government it further provides for setting up of training institutions for the purpose of imparting national disaster response training the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees five hundred crore will be incurred per annuma non-recurring expenditure of rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character—————— a billto provide for compulsory national disaster response training for all able-bodied gazetted officers of the central government and for matters connected therewith————(shri bhairon prasad mishra, mp)gmgipmrnd—2624ls(s-3)—12-12-2017

Parliament_bills

80476378-6b8d-58db-9004-1ecaba6516c4

bill no xl of 2006 the underdeveloped and backward areas and regions (special provision for accelerated development) bill, 2006 a billto provide for the establishment of an autonomous central authority to ensure rapid, accelerated and overall development of poor, underdeveloped and backward areas and regions of the country which lag behind in matters of development of economic, social, educational, technical, infrastructural and industrial fields and assure their speedy development in a planned manner and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—(2) it extends to the whole of india (3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires:—(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases the central government;5(b) "authority" means the underdeveloped and backward areas and regionsdevelopment authority established under section 4;(c) "prescribed" means prescribed by rules made under this act;10(d) "underdeveloped and backward areas and regions" means the areas andregions which are economically, socially, educationally and industrially lagging behind from the rest of the country and so declared by central government under section 315notification of underdeveloped and backward areas and regions3 the central government shall, as soon as may be, but not later than one year fromthe commencement of this act, by notification in the official gazette, declare such areas and regions of the country as poor, underdeveloped and backward areas and regions, which in its opinion require priority attention to bring them at par with the rest of areas and regions of the country4 (1) the central government shall, by notification in the official gazette, establish an authority to be known as the underdeveloped and backward areas and regions development authority20establishment of underdeveloped and backward areas and regions development authority(2) the authority shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property both movable and immovable, and to contract and shall by the said name sue and be sued25(3) the headquarter of the authority shall be at bhubaneswar in the state of orissa and the authority may, with the consent of the appropriate government establish offices at other places in the country5 the authority shall consist of the following members:—composition of the authority(a) the prime minister who shall be the ex-officio chairman of the authority (b) the deputy chairman of the union planning commission who shall be thevice chairperson of the authority;30(c) five members of parliament representing underdeveloped and backwardregions of whom three shall be from the lok sabha and two from the rajya sabha to be nominated by the presiding officers of the respective houses;35(d) ten members to be appointed by the central government representing theplanning commission and ministries/departments of agriculture, rural development, industry, finance, railways, road transport, human resource development, power and water resources of the union government;(e) not more than five members to be appointed by the central government by rotation in the alphabetical order to represent the governments of the states having the underdeveloped and backward areas and regions406 (1) the authority shall follow such procedure for holding its meetings and the quorum for such meetings shall be such as may be prescribedprocedure to be followed by the authority(2) no act or proceeding taken by the authority under this act shall be questioned on the ground merely of;—45(a) the existence of any vacancy in, or defect in the constitution of the authority, or(b) any omission, defect or irregularity not affecting the merits of the casesecretariat of the authority7 (1) the authority shall have a secretariat consisting of such officers, employees and establishment as may be prescribed5(2) the conditions of service, emoluments and other perks of the officers and employees shall be such as may be determined from time to time for the efficient functioning of the secretariat of the authorityfunds of the authority 8 the central government shall provide, from time to time, after due appropriation made by parliament by law in this behalf, adequate funds for the developmental works to be undertaken by the authority and for its administrative expenses109 (1) it shall be the duty of the authority to undertake such special steps in order toensure rapid and accelerated development of underdeveloped and backward areas and regions of the country, as it may deem necessary and expedient to do so for the overall development of such areas and regions15authority to ensure rapidgrowth anddevelopment of underdeveloped and backard areas and regions20(2) without prejudice to the generality of the foregoing provisions, the authorityshall initiate measures for the accelerated development particularly of industrial growth with immunity of investments, infrastructure pertaining to railways, roads, communication network, agriculture, irrigation facilities by implementing watershed projects in a big way and constructing wells, bore wells, canals, ponds, etc, potable water facilities, power projects pertaining to thermal, hydel, solar and wind energies, forests, agro based industries and livestock, poultry, piggery, orchards, cooperatives of milk and other things, cottage and village industries, health services, family welfare, education, network of pds, public distribution system, vocational avenues, tourism and such other activities as the authority may deem necessary for the overall development of the underdeveloped and backward areas and regions of the country2510 the appropriate government shall, for the purposes of this act, provide the requisitenecessary assistance to the authority in undertakings its developmental work in the areas and regions within the territorial jurisdiction of such governmentappropriate government to provide requisite assistance to the authority power to remove difficulties3011 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment 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 forremoving the difficultyannual report of the authority12 the authority shall submit an annual report, in such form and in such manner, asmay be prescribed, of its activities of development undertaken under this act to the president of india who shall cause the report to be laid before both the houses of parliament along with action taken by government thereon as soon as it is received35supplementing provision13 the provisions of this act shall be in addition to and not in derogation of anyother law for the time being in force regulating any of the matters dealt with in this actpower to make rules14 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsit is very awesome that even after more than five decades of independence and implementation of as many as nine five year plans and the tenth five year plan being midway of implementation there are many states, areas and regions which are still underdeveloped, backward and inflicted with extreme poverty, hunger and sufferings in the country the eastern parts of the country particularly orissa, bihar, jharkhand, eastern uttar pradesh, entire north-eastern region, chhattisgarh and tribal areas of madhya pradesh in the central india, vidarbha, marathwada, saurashtra, kutchh desert and famine prove areas of rajasthan in the western parts, telengana, mehboob nagar, rayalseema in andhra pradesh and other areas in southern parts of the country are still most backward kalahandi-bolangir- koraput (kbk) in orissa are synonymous with backwardness and hunger non development of many areas and regions has given rise to demand for creation of new states some new states have already been created whereas the demand for other states like vidarbha, gorkhaland, telengana, harit pradesh, bodoland, etc is being raised frequently though reducing regional imbalance is one of the primary goals of our five year plans but, unfortunately, this imbalance still persists which clearly shows that we have not paid the required attention to the development of such states, areas and region in the right earnestso in the larger interest of the country as a whole, it has become necessary to develop such underdeveloped states, areas and regions on priority basis for which special efforts have to be made and necessary steps need to be taken at the national and state levels to secure rapid and accelerated development of such states, areas and regions for this purpose an autonomous authority should be established for implementing state, area and region based package programmes for their overall development in coordination with central and state governments so as to ensure accelerated development of underdeveloped and backward states, areas and regions in the countryhence this billbj panda financial memorandumclause 4 of the bill provides for the establishment of underdeveloped and backward areas and regions development authority clause 8 provides for the funds of the authority the bill if enacted will involve expenditure from the consolidated fund of india it is not possible to assess the actual requirement of funds at this stage but it is estimated that a recurring expenditure to the tune of two thousand crore rupees per annum is likely to be involvednon-recurring expenditure of about one hundred crore rupees is also likely to be incurred memorandum regarding delegated legislationclause 14 of the bill empowers the central government to make rules for carrying out the purposes of the bill, which will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the establishment of an autonomous central authority to ensure rapid,accelerated and overall development of poor, underdeveloped and backwardareas and regions of the country which lag behind in matters ofdevelopment of economic, social, educational, technical,infrastructural and industrial fields and assure theirspeedy development in a planned manner and formatters connected therewith or incidentalthereto————(shri bj panda, mp)mgipmrnd—514rs—(s5)—12-05-2006jkt; lhkk esa 12 ebz] 2006 dks iqj%lfkkfir :i esa7- leqfpr ljdkj ,slh ckfydk] ftls nsg&o;kikj vfkok os';ko`fùk ls cpk;k x;k gks vfkok tks bl vf/kfu;e ds izorzu ds i'pkr~ /ka/ks ls ckgj gks xbz gks] ds fy,] ;fkklahko 'kh?kz] iquokzl vksj dy;kkdkjh mik; rs;kj djsxh vksj bu mik;ksa esa fu%'kqyd fpfdrlh; ns[kjs[k] vkj;] hkkstu] dim+s vksj nsuafnu thou;kiu dh vu; vko';drk,a] o;kolkf;d f'k{kk lfgr fu%'kqyd f'k{kk] ykhkdj jkstxkj] fookg vksj bl rjg ds vu; ;fkkfofgr mik; 'kkfey gksaxsa8- dsuæh; ljdkj bl fufeùk laln dh fof/k }kjk fofu;ksx ds i'pkr~] bl vf/kfu;e ds iz;kstuksa dks dk;kzfuor djus ds fy, le;≤ ij i;kzir vko';d fuf/k;ka iznku djsxhabu ckfydkvksa dks cpkus ds fy;s ckfydkvksa dks nsg&o;kikj vfkok os';ko`fùk esa /kdsyus ;k blds fy, mgipmrnd—499rs—(crc)—12-05-2006

Parliament_bills

d4739e1a-d595-534a-9335-6f8de3aef0b6

bill no 42 of 1984 the indust~ dispuifes (amendment) b~ 19ma blll further to amend the inctustria:l dispwtes act, 194'7 be it enacted by parllament in the thirty-fifth year of the republic of 1ndia as follows:-1 (1) this act may be called the industrial disputes (amendment) act, 1984 - -~ short title and com· mence mat 5 (2) it shall come into force on such date as the central government may, by notltjcatlon in the official gazette, appoint, and different dates may be appointed for difterent provisions of this act 14 of 194'1 amendmentot section j, 2 in section 2 of the industrial disputes act, 1947 (hereinafter referred to as the principal act), in clause (00), after sub-clause (b), 10 the following sub-cjause shall be inserted, namely:- "(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its explry or of such contract being terminated under a stipulation in that behalf contained therein; or" 15 3 in section 25f of the principal act, in claust (a), the proviso shall be omitted l -;-i amend-mento! section b' 4 in section 25m of the principal act,-20 amendmentor section 25m (a) in sub-section (1), for the words "with the previous pei"mission of such authority as may be specified by the appropriate government by notification in the official gazette, unless such layoff is due to shortage of power or to natural calamity", the words and brackets "with the prior permission of the appropriate government or such authority as may be specified by that government by notification in the official gazette (hereafter in this section referred to as th~ specified authority), obtained on an application made in this behalf, unless such lay-off is due to shortage of power or to natural calamity, and in the case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion" shall be substituted; (b) for sub-sections ,(2) to (5), the following sub-':t"ections shall be substituted, nameby:-"(2) an application for permission under sub-section (1), shall be made by the employer in the prescribed manner stating clearly the reasons for the intended lay-off and a copy of sach 5 application shall also be served simultaneously on the worlanen concerned in the prescribed manner (3) where the workmen (other than badli workmen or casual workmen) of an industrial establishment, being a mine, have been laid-off under sub-section (1) for reasons of fire, 10 flood or excess of inflammable gas or explosion, the employer, in relation to such establishment, 'shall, within a period: at thirty days from the date of commencement of such lay-oft', apply, i,n the prescribed manner, to the appropriate government or the specified authority for permission to continue the lay-off 15 (4) where all application for permission under subosection (1) or sub-section (3) has been made, the appropriate government or the specified authori,ty, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the 20 persons interested in such lay-off, may, having regard to the genuineness and adequacy of the reasons for such lay-off, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shal~, be 25 communicated to the employer and the workmen (5) where an application for permission under sub-section (1) or sub-section (3) has been made and the appropriate { government or the specified authority does not communicate the order gl'anting or refusing to grant permission to the so employer within a period of 'sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days (6) an order of ,the appropriate government or the specified authority granting or refusing to grant permission 35 shall, subject to the provisions of sub-section (7), be final and binding on all the part:es concerned and shall remain in' force for one year from the date of such order (7) the appropriate government or the specified authority may, either on its own motion or on the application made by 40 the emp10yer or anyl workman, review its order granting or refusing to grant permission under sub-section (4) or refer the matter or as the case may be, cause it to be referred to a tribunal for adjudication: ' provided that where a reference has been made to a tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference, (8) where no application for permission under sub-section (1) is made, or where no application for permission under subsection (3) is made within the period specified therein, or where the permission for any lay-off has been refused, such lay-off shall 5 be deemed to be illegal from the date on which the workmen had been laid-off and the workmen shall be entitled to all the benefits under any law for the time being in force as if they had not been laid-off (9) notwithstanding anything contained in the foregoflle 10 provisions of tid's section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1), or, as the case may be, sub-section (3) shall i'; not apply in relation to such establishment for such period as mlay be specified in the order"; (c) 'sub-secuon (6) shall be re-numbered as sub-section (10) s for section 25n of the principal act, the following s!ction shall subbt;tut>e substituted, namely:-tionof new section for section25n :ao conditions precedent ot retrenchmentot workmen 30 "25n (1) no workman employed in any industrial establishment to which this chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer untit,-(a) the workman has been given three months' notice in writing indicating the reasons for retrenchment and the period af notice has expired, or the workman has been paid in lieu of such notice, wages for th':! period of the notice; and (b) the prior permission of the appropriate government or such autpority as may be specified by that government by notification in the official gazette (hereafter in this section referred to as the specified authority) has been oetained on an application made in this behalf (2) an application for permission under 'sub-section (1) shall ll,e made by the employe;r in th~ prescribed manner stating clearly the reaso'ns for the intended retrenchm~nt and a copy of such application shall also be served simultaneously on the workmen concerned 40 , i~ ·the p~escribed manner (3) where an application for permission under sub-section (1) has been made, the appropriate government or the specified authoroty, after making such enquiry as it thinks fit and after giving a reasonabl<;! opportunitv of being heard to the employer, the workmen concerned ann the· persons interested in such retrenchment, rna,, havin~ re~a,d to the genuineness and adequacy of the reasons stated bv the employer, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in wrltin~, grant or refuse to grant such permission and a copy of such ol'der shajil be communicated to the employer and the workmen (4) wbe~ an application for permission has been made under: sub-section (1) and the appropriate government or hie specified authority does not com'l1unicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which shci: application is made, the permission applied far shall be deemed to have been granted on the expiration of the said period of sixty day:; !) (5) an order of le appropriate government or the spec1aed authority granting 0:' ldusing to grant permission shall, subject to the provisions of sui; -section (6), be final and binding on au the parties con~rned and ~haltl remain in force for one year from the date of such order 10 (6) the app,ropri ate government or the specified authority may either on its own mc~ion or on the application made by the employer or any workman, rniew its order granting or refusing to grant permission under su:l-section (3) orrefer the matter or, as the case may be, cause it to be referred, to n tribunal for adjudication: 15 provided that w:lere a reference has been made to a tribunal under this sub-secti(n, it shall pass an award within a period of thirty days from thc' d,lte of such reference (7) where no application for permis'sion under sub-section (1) is made, or where the permission for any retrenchment has been 20 refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the work man and the workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him 25 (8) netwithstanding anything contained in the foregoing provisioll$ of this section, the 'appropriate government may, if it is sati'sfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1) shall 30 not apply in relation to such establishment for such period as may be ~ecified in the order (9) where permission for retnnchment ha'sbeen granted unc1el sub-section (3) or where permission for retrenchment is deemed to be granted under sub-section (4), every workman who is employed 35 in that establishment immediately before the date of applicyation for permis:>i(}n under thi's section shall be entitled' to 'receive- at the time ot retrenehment, c·ompenntion which shau be equivalent, to fifteen days' a~rage pay for every completed yeu of c021tmuoua service or any part thereof in excess of six months" 40 8 in section 25q of the principal act, the words, brackets, letter and figures "clause (c) of sub-section (1) or sub-section (4) of" shall be omitted amendmentof eectlon 25q 7 in the industriar disputes (amendment) act, 1982,-amendmentof kt460f 1"2 (a) in sub-section (2) of section 1, after the' words "by not1fica- 45 tion in the official gazette, appoint", the words ", and cwferent dates m~y be appointed for different provirions ot this act" shall be inserted; (b) 'lection 13 shall be omitted statement of objects and reasonsthe industrial disputes act, 1947', provides the machinery and procedure for the investigation and settlement of industrial disputes the provisions of the act had been amended from time to time in the light of experience gained in its actual working, case laws and industrial relations policy of the government 2 the amendments proposed in the bill are mainly to clarify certain 'doubts expressed by courts on the validity of certain provisions of the 'act the bill, inter alia, seeks to make the following amendments in the act, namely:-(i) difficulties have arisen in the interpretation of the expression "retrenchment" it is proposed to exclude frqm the definition of "retrenchment" as contained in the act termination of the service of a workman as a result of the non-renewal of the contract of employment on its expiry and of the termination of such contract in accordance with the provisions thereof; (ii) following the decision of the supreme cow-t in the excel wear case (air 1979 sc 25), some high courts have declared invalid the special provisions relating 1:0 lay-off and retrenchment contained in the act which applied to establishments employing 300 or more workmen it is proposed to redraft these provisions on the same lines as the amended provision relating to closure, which was inserted by the industrial disputes (amendment) act, 1982, (46 of 1982), after taking into consideration the observations of the supreme court in the above case, 3 the industrial disputes (amendment) act, 1982, was passed by parliament in august, 1982 a number of provisions of that act confer considerable benefits to workmen in order to provide that the various sections of that act can be rwtified for enforcement separately and with effect from different dates, it is proposed to amend suitably seo~on 1 (2)' of that act new d!:lhi; veerendra patil tho 12,th april, 1984 memorandum regarding delegated legislationclause 4(b) of the bill proposes to substitute sub-sections (2) to (5) of section 25m of the industrial disputes act, 1947 new sub-seeuon (2) requires the employer, who intends to lay-off any of his workmen, to app1y for prior permission to the appropriate government, and a copy of such application shall also be served simultaneously on the workmen concerned, in the manner prescribed by rules the new sub-section (3) also requires the employer in relation to a mine to apply in the n1anner prescribed by rules for permission to continue any lay-off declared in respect of that mine 2 clause 5 of the bill proposes to substitute a new section for the existing section 25n of the act sub-section (2) of new section 25n requires the employer, who intends to retrench any workman, to apply for prior permission to the appropriate government, and a copy ot such appucation shall also be served simultaneously on the workmen concel11-ed, in the manner prescribed by rules '3 the matters in respect of which rules may be made under the above provisions are matters of detail or procedure the delegation of legislative power is thus normal in character dejlni· tions (14 of 1947) - iii - - - 2 in this act, unless there is anythipg repugnlult in the subject or context,-i - (00) "retrenchment" meana :the termination by the employer of tho service of, a workman for any reason whatsoever, ()t~ ~an as a punishment inflicted by way of djscipbnary action, but does not include- ~ - - zsf no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until-conditione precedent to retrenchment of workmed (a) the workman has been given one month'lj notice in writing indicating the reasons for ret,rencnment and the period of notice has expired, or the workman has been paid in lieu of such notkoe, wages for the period of the notice: provided that no such notice shall ,be necessary if the retrenchment is under an agreement which, specifies a date fm- tthe tennmation of service; j' - - - 25m (1) no workman (other than a ~li workman or a casual pl'ohibiworkman) whose name is borne on the muster rolls of an industrial tion of establishment to which this chapter applies shall be 18ld-off by his emla,)"-off, ployer except with tne previous permission of such authority as may be s~ed by the appropriate government by notification in the official gazette, unless such lay-off is due to shortage of power or to natural calamity (2) where the workmen (other than badli workmen or casual workmen) of an industrial establishment referred to in sub-section (1) have been laid-ofi before the commencement of the industrlal disputes (amendment) act, 1976 and such lay-off continues at such conuneneement, the employer in relation to such estabhahment shall, within a perio~ of fitteen days from such commencement, apply to the authority spec;ified under sub-section (l) for permission to continue the lay-off (3) in the case of every application for permission wlder sub-section (1) or sub-section (2), the authority to whom the application has been made may, after making such inquiry as he thinks fit, grant or ~, for reasons to be l'ecorded in writing, the permission applied for '(4) where an application fcir permission has been made under sub section (1) or sub-section (2) and the authority to whom the application is made docs not communicate the permission or the refusal to grant the permission to the employer within a period of two months from the date on which the application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of two months (5) where no application for permjssion undersub-sectiqd (1) is made, or where no applicat:on for permission under sub-section (2) bas been made withtn the period spemfied therem, or where the permiii10n tor the lay-ott or the conllnuance ot the lay-ott nbs been reluaed, such lay-ott snau de deemed to be illegal from the date on whlcb ttle workmen have oeen l8lcl-0n and the v{orlullen snah de entued to all we benents under any law fol' ule tune btnng m iorce as it tney had not been !&ldoff - - - - conditions precedent to retrenchment of workmen zsn (1) no worlanan employed in any industrial establishment to which· this chilpter applt's, who has been in contmuous service for not less tnau one year unaer an employel' iihall be retrenched by that employer untll,- , i )~_;: la) the workman has been given three months' nouce in writing indjcatmg the reasons for retrencrunem and the perlod 01 notice baa explreq, or toe workman has been paid m !leu 01 such notlc8, wages lor the period of the notice: t'rovlued that no such notce silall be necessary if the retrenchment is uuuer an agreem&nt, wfucn spcclnes a c1ate for termmaton 01 service; (0) ,·he worknan has been pajd, at the time of re1rencmnem compejlsauoh willeh snahbe e4ulvalent to ntteen days· average pay tor every compieleu year ot contmuous service or any part thereo1 m exce3s of six months; and (c) notice in the prescribed manner is served on the appropr1ate government or sucn authority as may be specified by toe appropnate government by notificatlon 10 the officla! gazette, and the perm sion ot such government or authonty is obtamed 'under sub-sectlon (2) (2) on l'eceipt of a nc'tice under clause (c) of sub-section (1) the appropriate government or authority may, after making such inquiry u such government or authority thinks fit, grant or refuse, for reasons to be recorded in writmg, the permission for the retrenchment to which the notice relates (3) where ,the government or authority does not communicate the permission or the refusal to grant the permission to the employer within three months of the date of service of the notice under clause (c) of subseetion (1), the government or authority shall be deemed to have granted permission for such retrenchment on the expiration of the said period of three ~onths 82 of 1976 (4) where at the commencement of the industrial disputes (amendment) act, 1976, the period of notice giv:en under clause (a) of section 25f for the retrenchment of any workman has not expired, the employer shall not retrench the workman but shall, within a period of fifteen days from such commencement, apply to the appropriate government or to the authority specified in sub-section (2) for permission for retrenchment (5) where an ~pplica~ion for permission has been made under subsection (4) and the appropriate government or the authority, as the case may be, does not communicate the permission or the refusal to grant the permission to the employer w:thin a period of two months from the date on which the application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of two months i (6) where no application for permission under clause (c) of s'ubsection (1) is made, or where no applitation for permission under subsection (4) if made within the period specified therein or where the permission for the retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the workman and the workman shall be entitled to all the beneats under any law for the time being in foree as if no notice had been given to him (7) where at the commencement of the industrial disputes (amend-32 of 1976 ment) act, 1976, a dispute relating, either solely or in addition to other matters, to the retrenchment of any workman or worlanen oj an ind~ trial establishment to which this chapter applies is pendingbefore a conciliation officer or the central government or the state government, as the case may be, and-(a) there is an allegation that such retrenchment is by way of victimisation; or (b) the appropriate government is of the opinion that such retrenchment is not in the interests of the maintenanc\! of industrial peace, the appropriate government, if satisfied that it is necessary so to do, may, by order, withdraw such dispute or, as the case may be, such dispute in so far as it relates to s'uch retrenchment and transfer the same -to an authority (being an authority specified by he appropriate government by notification in the official gazette) for consideration whether liuch retrenchjllent is justified and any order passed by such authority shall be flnal and binding on the employer and the workman or workmen - '" '" '" '" zsq any employer who contravenes the provisions of section 25m or clause (c) of sub-section (1) or' sub-section (4) of section 25n 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 '" '" '" '" '" penalty forlq-d and retrenchment without previous permission extracts from the industrial disputes (amendment) act, 1982 (46 of 1982)'" - '" '" '" 1 (1) '" '" '" '" '" (2) it shall come into force on such date as the central government may, by notification in the official ga7ette, appoint short htleand commence· dle'nt '" '" '" '" '" 13 in section 25m of the principal act,-amendment of e:ection 25m (ii) in rub-section (1), after the words "or to natural calamity", the words u, and in the case of a mine, such lay -ot! is due also to fire, flood excess of inflammable gas or explosion" shall be inserted; (b) after sub-section (2), the following sub-section shall be ill liierted, namely:-"(2a) where the workmen (other than badli wq1'kmen or casual workmen) of an industrial establishment be~ a mine have been laid-off under sub-section (1) for reasons of fire, flood or excess of inflammable gas or explosion, the employer in relation to such establishment shall, within a period of thirty days from the date of commencement of such lay-off, apply to the authority specified under sub-section (1) for permission to continue the lay-off"; (c) in sub-sections (3), (4) and (5), after the words, brackets and figure "under sub-section (2) ", the words, brackets, figure and letter "or sub-section (2a)" shall be inserted - - - - - a bill further to amend the industrial disputes act, im'7 (sh,ri vhre7&d1"(& patil, ministef! ~ labour and rehabilitatlion )

Parliament_bills

2041896c-c819-5638-b1c7-e159f4ee1fbf

bill no 192 of 2014 the constitution (one hundred and twenty-second amendment) bill, 2014 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the constitution (one hundred and twenty-second amendment) act, 2014(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the commencement of that provision2 after article 246 of the constitution, the following article shall be inserted, namely:—insertion of new article246aparliament, and, subject to clause (2), the legislature of every state, have power to make laws with respect to goods and services tax imposed by the union or by such statespecial provision with respect to goods and services tax(2) parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-state trade or commerce5explanation—the provisions of this article, shall, in respect of goods and services tax referred to in clause (5), of article 279a, take effect from the date recommended by the goods and services tax council''amendment of article 2483 in article 248 of the constitution, in clause (1), for the word "parliament", the words,figures and letter "subject to article 246a, parliament" shall be substitutedamendment of article 249104 in article 249 of the constitution, in clause (1), after the words "with respect to", the words,figures and letter"goods and services tax provided under article 246a or" shall be insertedamendment ofarticle 2505 in article 250 of the constitution, in clause (1), after the words "with respect to", thewords, figures and letter "goods and services tax provided under article 246a or" shall be insertedamendment of article 2686 in article 268 of the constitution, in clause (1), the words "and such duties of exciseon medicinal and toilet preparations" shall be omitted15omission ofarticle 268a7 article 268a of the constitution, as inserted by section 2 of the constitution(eighty-eighth amendment) act, 2003 shall be omittedamendment of article 2698 in article 269 of the constitution, in clause (1), after the words "consignment ofgoods", the words, figures and letter "except as provided in article 269a" shall be inserted209 after article 269 of the constitution, the following article shall be inserted, namely:—| insertion | of ||--------------|---------|| new | article || 269a | || 25 | |''269a (1) goods and services tax on supplies in the course of inter-state trade or commerce shall be levied and collected by the government of india and such tax shall be apportioned between the union and the states in the manner as may be provided by parliament by law on the recommendations of the goods and services tax council| levy | and ||------------------|-------|| collection of | || goods | and || services tax in | || course of inter- | || state trade or | || commerce | |explanation—for the purposes of this clause, supply of goods, or of services, or both in the course of import into the territory of india shall be deemed to be supply of goods, or of services, or both in the course of inter-state trade or commerce30(2) parliament may, by law, formulate the principles for determining the place of supply, and when a supply of goods, or of services, or both takes place in the course of inter-state trade or commerce''10 in article 270 of the contitution,—amendment of article 27035(i) in clause (1), for the words, figures and letter "articles 268, 268a and article269", the words, figures and letter "articles 268, 269 and article 269a" shall be substituted;(ii) after clause (1), the following clause shall be inserted, namely:—40''(1a) the goods and services tax levied and collected by the government of india, except the tax apportioned with the states under clause (1) of article 269a, shall also be distributed between the union and the states in the manner provided in clause (2)''amendment of article 27111 in article 271 of the constitution, after the words ''in those articles'', the words, figures and letter ''except the goods and services tax under article 246a,'' shall be inserted12 after article 279 of the constitution, the following article shall be inserted, namely:—insertion of new article279a goods and services tax council''279a (1) the president shall, within sixty days from the date of commencement of the constitution (one hundred and twenty-second amendment) act, 2014, by order, constitute a council to be called the goods and services tax council5(2) the goods and services tax council shall consist of the following members, namely:—(a) the union finance ministerchairperson;(b) the union minister of state in charge of revenue orfinancemember;10(c) the minister in charge of finance or taxation or any other ministernominated by each state governmentmembers(3) the members of the goods and services tax council referred to in sub-clause (c) of clause (2) shall, as soon as may be, choose one amongst themselves to be the vice-chairperson of the council for such period as they may decide15(4) the goods and services tax council shall make recommendations to the union and the states on—(a) the taxes, cesses and surcharges levied by the union, the states and the local bodies which may be subsumed in the goods and services tax;(b) the goods and services that may be subjected to, or exempted from thegoods and services tax;20(c) model goods and services tax laws, principles of levy, apportionment of integrated goods and services tax and the principles that govern the place of supply;25(d) the threshold limit of turnover below which goods and services may be exempted from goods and services tax;(e) the rates including floor rates with bands of goods and services tax;(f) any special rate or rates for a specified period, to raise additionalresources during any natural calamity or disaster;30(g) special provision with respect to the states of arunachal pradesh,assam, jammu and kashmir, manipur, meghalaya, mizoram, nagaland, sikkim, tripura, himachal pradesh and uttarakhand; and(h) any other matter relating to the goods and services tax, as the council may decide35(5) the goods and services tax council shall recommend the date on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel(6) while discharging the functions conferred by this article, the goods and services tax council shall be guided by the need for a harmonised structure of goods and services tax and for the development of a harmonised national market for goods and services40(7) one half of the total number of members of the goods and services tax council shall constitute the quorum at its meetings(8) the goods and services tax council shall determine the procedure in the performance of its functions(9) every decision of the goods and services tax council shall be taken at a meeting, by a majority of not less than three-fourths of the weighted votes of the members present and voting, in accordance with the following principles, namely:—(a) the vote of the central government shall have a weightage of onethird of the total votes cast, and5(b) the votes of all the state governments taken together shall have a weightage of two-thirds of the total votes cast, in that meeting10(10) no act or proceedings of the goods and services tax council shall be invalid merely by reason of—(a) any vacancy in, or any defect in, the constitution of the council; or(b) any defect in the appointment of a person as a member of the council; or(c) any procedural irregularity of the council not affecting the merits of the case15(11) the goods and services tax council may decide about the modalities to resolve disputes arising out of its recommendation"13 in article 286 of the constitution,—amendment of article 286(i) in clause (1),—20(a) for the words "the sale or purchase of goods where such sale or purchase takes place", the words "the supply of goods or of services or both, where such supply takes place" shall be substituted;(b) in sub-clause (b), for the word "goods", at both the places where it occurs the words "goods or services or both" shall be substituted; (ii) in clause (2), for the words "sale or purchase of goods takes place", the words "supply of goods or of services or both" shall be substituted;25(iii) clause (3) shall be omitted14 in article 366 of the constitution,—amendment of article 366(i) after clause (12), the following clause shall be inserted, namely:—30'(12a) "goods and services tax" means any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption;'; (ii) after clause (26), the following clauses shall be inserted, namely:—'(26a) "services" means anything other than goods;35(26b) "state" with reference to articles 246a, 268, 269, 269a and article279a includes a union territory with legislature;'amendment of article 36815 in article 368 of the constitution, in clause (2), in the proviso, in clause (a), for the words and figures "article 162 or article 241", the words, figures and letter "article 162, article 241 or article 279a" shall be substituted16 in the sixth schedule to the constitution, in paragraph 8, in sub-paragraph (3),—40(i) in clause (c), the word "and" occurring at the end shall be omitted;amendment of sixth schedule(ii) in clause (d), the word "and" shall be inserted at the end; (iii) after clause (d), the following clause shall be inserted, namely:—"(e) taxes on entertainment and amusements"17 in the seventh schedule to the constitution,—amendment of seventh schedule(a) in list i - union list,—(i) for entry 84, the following entry shall be substituted, namely:—"84 duties of excise on the following goods manufactured or produced in india, namely:—5(a) petroleum crude; (b) high speed diesel; (c) motor spirit (commonly known as petrol); (d) natural gas;10(e) aviation turbine fuel; and (f) tobacco and tobacco products";(ii) entries 92 and 92c shall be omitted;(b) in list ii - state list,—(i) entry 52 shall be omitted; (ii) for entry 54, the following entry shall be substituted, namely:—15"54 taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the course of inter-state trade or commerce or sale in the course of international trade or commerce of such goods";20(iii) entry 55 shall be omitted; (iv) for entry 62, the following entry shall be substituted, namely:—25"62 taxes on entertainments and amusements to the extent levied and collected by a panchayat or a municipality or a regional council or a district council"3018 (1) an additional tax on supply of goods, not exceeding one per cent in the course of inter-state trade or commerce shall, notwithstanding anything contained in clause (1) of article 269a, be levied and collected by the government of india for a period of two years or such other period as the goods and services tax council may recommend, and such tax shall be assigned to the states in the manner provided in clause (2)arrangement for assignment of additional tax on supply of goods to states for two years or such other period recommended by the council(2) the net proceeds of additional tax on supply of goods in any financial year, except the proceeds attributable to the union territories, shall not form part of the consolidated fund of india and be deemed to have been assigned to the states from where the supply originates35(3) the government of india may, where it considers necessary in the public interest, exempt such goods from the levy of tax under clause (1)(4) parliament may, by law, formulate the principles for determining the place of origin from where supply of goods take place in the course of inter-state trade or commerce4019 parliament may, by law, on the recommendation of the goods and services taxcouncil, provide for compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for such period which may extend to five yearscompensation to states for loss of revenue on account of introduction of goods and services taxtransitional provisions520 notwithstanding anything in this act, any provision of any law relating to tax ongoods or services or on both in force in any state immediately before the commencement of this act, which is inconsistent with the provisions of the constitution as amended by this act shall continue to be inforce until amended or repealed by a competent legislature or other competent authority or until expiration of one year from such commencement, whichever is earlierpower of president to remove difficulties1021 (1) if any difficulty arises in giving effect to the provisions of the constitution asamended by this act (including any difficulty in relation to the transition from the provisions of the constitution as they stood immediately before the date of assent of the president to this act to the provisions of the constitution as amended by this act), the president may, by order, make such provisions, including any adaptation or modification of any provision of the constitution as amended by this act or law, as appear to the president to be necessary or expedient for the purpose of removing the difficulty:15provided that no such order shall be made after the expiry of three years from the dateof such assent(2) every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonsthe constitution is proposed to be amended to introduce the goods and services tax for conferring concurrent taxing powers on the union as well as the states including union territory with legislature to make laws for levying goods and services tax on every transaction of supply of goods or services or both the goods and services tax shall replace a number of indirect taxes being levied by the union and the state governments and is intended to remove cascading effect of taxes and provide for a common national market for goods and services the proposed central and state goods and services tax will be levied on all transactions involving supply of goods and services, except those which are kept out of the purview of the goods and services tax2 the proposed bill, which seeks further to amend the constitution, inter alia, provides for—(a) subsuming of various central indirect taxes and levies such as central excise duty, additional excise duties, excise duty levied under the medicinal and toilet preparations (excise duties) act, 1955, service tax, additional customs duty commonly known as countervailing duty, special additional duty of customs, and central surcharges and cesses so far as they relate to the supply of goods and services;(b) subsuming of state value added tax/sales tax, entertainment tax (other than the tax levied by the local bodies), central sales tax (levied by the centre and collected by the states), octroi and entry tax, purchase tax, luxury tax, taxes on lottery, betting and gambling; and state cesses and surcharges in so far as they relate to supply of goods and services;(c) dispensing with the concept of 'declared goods of special importance' under the constitution;(d) levy of integrated goods and services tax on inter-state transactions of goods and services;(e) levy of an additional tax on supply of goods, not exceeding one per cent in the course of inter-state trade or commerce to be collected by the government of india for a period of two years, and assigned to the states from where the supply originates;(f) conferring concurrent power upon parliament and the state legislatures to make laws governing goods and services tax;(g) coverage of all goods and services, except alcoholic liquor for human consumption, for the levy of goods and services tax in case of petroleum and petroleum products, it has been provided that these goods shall not be subject to the levy of goods and services tax till a date notified on the recommendation of the goods and services tax council(h) compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for a period which may extend to five years;(i) creation of goods and services tax council to examine issues relating to goods and services tax and make recommendations to the union and the states on parameters like rates, exemption list and threshold limits the council shall function under the chairmanship of the union finance minister and will have the union minister of state in charge of revenue or finance as member, along with the minister in-charge of finance or taxation or any other minister nominated by each state government it is further provided that every decision of the council shall be taken by a majority of not less than three-fourths of the weighted votes of the members present and voting in accordance with the following principles:—(a) the vote of the central government shall have a weightage of one-third of the total votes cast, and(b) the votes of all the state governments taken together shall have a weightage of two-thirds of the total votes cast in that meetingillustration:in terms of clause (9) of the proposed article 279a, the "weighted votes of the members present and voting" in favour of a proposal in the goods and services tax council shall be determined as under:—wt = wc+ws where, wt = wc + ws =× sfwstspwherein— wt = total weighted votes of all members in favour of a proposal wc = weighted vote of the union = ie, 3333% if the union is in favour of the1 3proposal and be taken as "0" if, union is not in favour of a proposalws = weighted votes of the states in favour of a proposal sp = number of states present and voting wst = weighted votes of all states present and voting ie, ie, 6667%2 3sf = number of states voting in favour of a proposal(j) clause 20 of the proposed bill makes transitional provisions to take care of any inconsistency which may arise with respect to any law relating to tax on goods or services or on both in force in any state on the commencement of the provisions of the constitution as amended by this act within a period of one year 3 the bill seeks to achieve the above objectsnew delhi;arun jaitleythe 18th december, 2014 ———— president's recommendation under article 117 of the constitution of india[copy of letter no s-31011/07/2014-so(st), dated the 18th december, 2014 from shri arun jaitley, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed bill, recommends under clauses (1) and (3) of article 117, read with clause (1) of article 274, of the constitution of india, the introduction of the constitution (one hundred and twenty-second amendment) bill, 2014 in lok sabha and also the consideration of the bill financial memorandumclause 12 of the bill seeks to insert a new article 279a in the constitution relating to constitution of goods and services tax council the council shall function under the chairmanship of the union finance minister and will have the union minister of state incharge of revenue or finance as member, along with the minister in-charge of finance or taxation or any other minister nominated by each state government2 the creation of goods and services tax council will involve expenditure on office expenses, salaries and allowances of the officers and staff the objective that the introduction of goods and services tax will make the indian trade and industry more competitive, domestically as well as internationally and contribute significantly to the growth of the economy, such additional expenditure on the council will not be significant3 at this stage, it will be difficult to make an estimate of the expenditure, both recurring and non-recurring on account of the constitution of the council4 further, it is provided for compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for such period which may extend to five years the exact compensation can be worked out only when the provisions of the bill are implemented memorandum regarding delegated legislationclause 12 of the bill seeks to insert a new article 279a relating to the constitution of a council to be called the goods and services tax council clause (1) of the proposed new article 279a provides that the president, shall within sixty days from the date of the commencement of the constitution (one hundred and twenty-second amendment) act, 2014, by order, constitute a council to be called the goods and services tax council clause (8) of the said article provides that the council shall determine the procedure in the performance of its functions2 the procedures, as may be laid down by the goods and services tax council in the performance of its functions, are matters of procedure and details the delegation of legislative power is, therefore, of a normal character annexure extracts from the constitution of india 248 (1) parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or state listresiduary powers of legislationpower ofparliament to legislate with respect to a matter in the state list in the national interest249 (1) notwithstanding anything in the foregoing provisions of this chapter, if the council of states has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that parliament should make laws with respect to any matter enumerated in the state list specified in the resolution, it shall be lawful for parliament to make laws for the whole or any part of the territory of india with respect to that matter while the resolution remains in force250 (1) notwithstanding anything in this chapter, parliament shall, while a proclamation of emergency is in operation, have power to make laws for the whole or any part of the territory of india with respect to any of the matters enumerated in the state listpower of parliament to legislate with respect to any matter in the state list if a proclamation of emergency is in operation distribution of revenues between the union and the states268 (1) such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the union list shall be levied by the government of india but shall be collected—duties levied by the union but collected and appropriated by the states(a) in the case where such duties are leviable within any union territory, by the government of india, and(b) in other cases, by the states within which such duties are respectively leviable268a (1) taxes on services shall be levied by the government of india and such tax shall be collected and appropriated by the government of india and the states, in the manner provided in clause (2)(2) the proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be—| service | tax ||-----------------|--------|| levied by union | || and collected | || and | appro- || priated by the | || union and the | || states | |(a) collected by the government of india and the states; (b) appropriated by the government of india and the states, in accordance with such principles of collection and appropriation as may be formulated by parliament by law269 (1) taxes on the sale or purchase of goods and taxes on the consignment of goods shall be levied and collected by the government of india but shall be assigned and shall be deemed to have been assigned to the states on or after the 1st day of april, 1996 in the manner provided in clause (2)taxes levied and collected by the union but assigned to the statesexplanation—for the purposes of this clause,—(a) the expression "taxes on the sale or purchase of goods" shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce;(b) the expression "taxes on the consignment of goods" shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-state trade or commercetaxes levied and distributed between the union and the states270 (1) all taxes and duties referred to in the union list, except the duties and taxes referred to in articles 268, 268a and 269, respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by parliament shall be levied and collected by the government of india and shall be distributed between the union and the states in the manner provided in clause (2)271 notwithstanding anything in articles 269 and 270, parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the union and the whole proceeds of any such surcharge shall form part of the consolidated fund of indiasurcharge on certain duties and taxes for purposes of the union286 (1) no law of a state shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place—(a) outside the state; or restrictions as to imposition of tax on the sale or purchase of goods(b) in the course of the import of the goods into, or export of the goods out of, the territory of india (2) parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1)(3) any law of a state shall, in so far as it imposes, or authorises the imposition of,—(a) a tax on the sale or purchase of goods declared by parliament by law to be of special importance in inter-state trade or commerce; or(b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause (b), sub-clause (c) or sub-clause (d) of clause (29a) of article 366, be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify part xx amendment of the constitution368 (1) power of parliament to amend the constitution and procedure therefore(2) an amendment of this constitution may be initiated only by the introduction of a bill for the purpose in either house of parliament, and when the bill is passed in each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting, it shall be presented to the president who shall give his assent to the bill and thereupon the constitution shall stand amended in accordance with the terms of the bill:provided that if such amendment seeks to make any change in—(a) article 54, article 55, article 73, article 162 or article 241, or(b) chapter iv of part v, chapter v of part vi, or chapter i of part xi, or(c) any of the lists in the seventh schedule, or(d) the representation of states in parliament, or (e) the provisions of this article,the amendment shall also require to be ratified by the legislatures of not less than onehalf of the states by resolutions to that effect passed by those legislatures before the bill making provision for such amendment is presented to the president for assent sixth schedule [articles 244(2) and 275(1)] provisions as to the administration of tribal areas in the states of assam, meghalaya, tripura and mizoram 8 (1) (3) the district council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say—powers to assess and collect land revenue and to impose taxes (c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and(d) taxes for the maintenance of schools, dispensaries or roads seventh schedule (article 246) list i- union list 84 duties of excise on tobacco and other goods manufactured or produced in india except—(a) alcoholic liquors for human consumption; (b) opium, indian hemp and other narcotic drugs and narcotics,but including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry 92 taxes on the sale or purchase of newspapers and on advertisements published therein 92c taxes on services list ii-state list 52 taxes on the entry of goods into a local area for consumption, use or sale therein 54 taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92a of list i55 taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television62 taxes on luxuries, including taxes on entertainments, amusements, betting and gambling ———— a billfurther to amend the constitution of india————gmgipmrnd—3824ls—18122014

Parliament_bills

fbb3ac1b-1da7-54aa-a138-a133841e5450

bill no 192 of 2018 the industrial disputes (amendment) bill, 2018 by shri rabindra kumar jena, mp a billfurther to amend the industrial disputes act, 1947be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the industrial disputes (amendment) act, 2018short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint"(c) he is qualified for appointment as a district judge"amendment of section 7a3 in section 7a of the principle act, in sub-section (3), after clause (aa), the following clause and proviso thereto shall be inserted, namely—"(aaa) he is qualified for appointment as a judge of a high court:5provided that the appointment to a tribunal of any person not qualified under clause (a)or (aa) shall be made in consultation with the high court of the state in which the tribunal has or is intended to have its usual place of sitting"amendment of section 7b4 in section 7b of the principle act, for sub-sections (2), (3) and (4), the following sub-sections shall be substituted, namely:—"(2) a national tribunal shall consist of one person only from each state that are affected by the dispute to be appointed by the central government10(3) a person shall not be qualified for appointment as the presiding officer of a national tribunal, unless he is, or has been, or is qualified for appointment as, a judge of a high court:15provided that the appointment to a national tribunal of any person who is not or has not been a judge of a high court shall be made in consultation with the high courts of the states that are affected by the dispute(4) the central government may, if it is so thinks fit, appoint two persons from each state that are affected by the dispute, as assessors to advise the national tribunal in the proceeding before it" statement of objects and reasonsthe original section 7 of the industrial disputes act, 1947 while laying down qualifications for appointment as a member of the industrial tribunal included, inter alia, persons "qualified for appointment as a judge of a high court" article 217 (1) of the constitution provides inter alia that a person who has for at least ten years been an advocate of a high court shall eligible for appointment as a judge of a high court thus, advocates with ten years' practice at the bar were eligible for appointment as a member of the industrial tribunal or the labour appellate tribunal under the then provisions it is not discernible as to why the present provisions of sections 7, 7a and 7b of the industrial disputes act, 1947 omitted the above category of persons from the qualifications for appointment of presiding officers of labour courts, industrial tribunals and national industrial tribunals"industrial and labour disputes" is a subject covered under the concurrent list in entry 22 of the seventh schedule to the constitution some state legislatures have amended the provisions of sections 7 and 7a of the industrial disputes act, 1947 in their application to the respective states concerned for example, the states of goa, gujarat and maharashtra have amended section 7 expressly making advocates with seven years' practice at the bar eligible for appointment as a presiding officer of a labour court, amongst othersthe bill seeks to amend the above-mentioned sections to achieve the stated objectives hence this billnew delhi;rabindra kumar jenanovember 28, 2018 memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character annexure extract from the industrial disputes act, 1947labour courts7 (1) the appropriate government may, by notification in the official gazette, constitute one or more labour courts for the adjudication of industrial disputes relating to any matter specified in the second schedule and for performing such other functions as may be assigned to them under this act(2) a labour court shall consist of one person only to be appointment by the appropriate government(3) a person shall not be qualified for appointment as a presiding officer of a labour court, unless—(a) he is, or has been, a judge of a high court; or (b) he has, for a period of not less than three years, been a district judge or an additional district judge; ortribunals7a (1) the appropriate government may, by notification in the official gazette, constitute one or more industrial tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the second schedule or the third schedule and for performing such other functions as may be assigned to them under this act(2) (3) a person shall not be qualifed for appointment as the presiding officer of a tribunal, unless—(a) he is, or has been, a judge of a high court; or (aa) he has, for a period of not less than three years, been a district judge or an additional district judge;national tribunals7b (1) the central government may, by notification in the official gazette, constitute one or more national industrial tribunals for the adjudication of industrial disputes which, in the opinion of the central government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one state are likely to be interested in, or affected by, such disputes(2) a national tribunal shall consist of one person only to be appointed by the central government(3) a person shall not be qualified for appointment as the presiding officer of a national tribunal, unless he is, or has been, a judge of a high court(4) the central government may, if it so thinks fit, appoint two persons as assessors to advise the national tribunal in the proceeding before it lok sabha———— a billfurther to amend the industrial disputes act, 1947————(shri rabindra kumar jena, mp)mgipmrnd—2128ls(s3)—14-12-2018

Parliament_bills

441f19fe-1ea6-564d-b178-c79155f1f848

bill no xxiv of 2014 the constitution (scheduled castes) order (amendment) bill, 2014 a billfurther to amend the constitution (scheduled castes) order, 1950be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 (1) this act may be called the constitution (scheduled castes) order (amendment)act, 2014co 192 in the schedule to the constitution (scheduled castes) order, 1950,—5(a) in part xviii—uttar pradesh,—(i) for entry 18, substitute,—amendment of the constitution (scheduled castes) order, 1950"18 beldar, bind";(ii) for entry 36, substitute,—"36 gond, gaur, godiya, kahar, kashyap, batham"(iii) for entry 53, substitute,—"53 majhwar, kewat, mallah, nishad"(iv) for entry 59, substitute,—5"59 pasi, tarmali, bhar, rajbhar"(v) for entry 65, substitute,—"65 shilpkar, kumhar, prajapati"(vi) for entry 66, substitute,—10"66 turaiha, dheemar, dheewar, turaha, turha" statement of objects and reasonsuttar pradesh is the most populous state of the country there are several castes here which are equally backward on all fronts people from castes such as bind, bhar, rajbhar, gaur, kashyap, kahar, godiya, batham, dheewar, dheemar, mallah, kewat, nishad, kumhar, prajapati, turha, turaha are living in large numbers in this state the reports of surveys/ studies conducted by scheduled castes/scheduled tribes research and training institute, uttar pradesh show that untouchability exists as a traditional practice among the above mentioned sub-castes and this continues to prevail even today from the viewpoint of the practice of inter marriages, life style, vocation and customs, beldars, gonds, majhwars, pasi, tarmali shilpkars, turaiha have similar tradition as they are their synonymous names it is similar to the addition of dhusia or jatav with chamar at entry 24 in part xviii— uttar pradesh hon'ble supreme court has directed in the bhaiya ram munda versus anirudha patar, air 1971, sc page 2523 to include the different castes of machhuwa (fisherman) community in the scheduled caste, which had been left out earlier, but they have still not been included in the list of scheduled castes of uttar pradesh notwithstanding with fact that their socio-economic and educational condition is worse than those of other castes people who belong to this community with synonymous castes names are getting the benefit of reservation in many states other than uttar pradesh therefore, the benefit of reservation should be extended to these people in uttar pradesh as well the government of uttar pradesh has sent a request to the central government in the year 2004, 2006, 2007 and last time on 15th february, 2013 to include them in the list of scheduled castes by an amendment in article 341 of the constitution but despite the fact that these synonymous castes fulfil all the criteria required for being included in the list of the scheduled castes, the central government has not taken any action in this regardtherefore, these castes are eligible for inclusion in the list of the scheduled castes as appearing in part xviii—uttar pradesh of the constitution (scheduled castes) order, 1950the bill seeks to achieve the above objectivesvishambhar prasad nishad financial memorandumclause 2 of the bill provides for inclusion of 17 castes in the list of scheduled castes of uttar pradesh, which are synonymous with the castes already included in said list as a result, people belonging to these newly added communities will become entitled for the benefits of the schemes which are in place for the development of people from scheduled castes and as such some recurring and non-recurring expenditure will be involved in thisit is difficult to exactly estimate the actual expenditure on this count annexure extracts from the constitution (scheduled castes) order, 1950 (co 19) part xviii—uttar pradesh1 agariya 1[excluding sonbhadra districts]2 badhik 3 badi 4 baheliya5 baiga 1[excluding sonbhadra districts]6 baiswar 7 bajaniya 8 bajgi 9 balahar10 balai 11 balmiki 12 bangali 13 banmanus 14 bansphor 15 barwar 16 basor 17 bawariya 18 beldar19 beriya 20 bhantu21 bhuiya 1[excluding sonbhadra districts]22 bhuyiar 23 boira 24 chamar, dhusia, jhusia, jatava 25 chero 1[excluding sonbhadra and varanasi districts] 26 dabgar 27 dhangar 28 dhanuk 29 dharkar 30 dhobi 31 dom32 domar 33 busadh 34 gharami 35 ghasiya36 gond 1[exluding mehrajganj, sidharth nagar, basti, gorakhpur, deoria, mau, azamgarh, jonpur balia, gazipur, varanasi, mirzapur and sonbhadra districts]37 gual 38 habura 39 hari 40 hela 41 kalabaz 42 kanjar 43 kapariya 44 karwal 45 khairaha2[46 kharwar (excluding benbansi) (excluding deoria, balia gazipur, varanasi and sonbhadra districts)]47 khatik 48 khorot 49 kol 50 kori 51 korwa 52 lalbegi 53 majhwar 54 mazhabi 55 musahar 56 nat57 pankha 1[excluding sonbhadra and mirzapur districts]58 parahiya 1[excluding sonbhadra district] 59 pasitarmali 60 patari [excluding sonbhadra district] 61 rawat 62 saharya 1[excluding lalitpur district] 63 sanaurhiya 64 sansiya 65 shilpkar 66 turaiha rajya sabha———— a billfurther to amend the constitution (scheduled castes) order, 1950————(shri vishambhar prasad nishad, mp)gmgipmrnd—3070rs(s3)—28-11-2014

Parliament_bills

8a99e9ee-1af9-534c-be2e-544a07b57c18

bill no 199 of 2018 the right to work bill, 2018 by dr udit raj, mp a billto provide for the right to work to every eligible citizen and for payment of allowance till such time as appropriate work is provided to every citizen, constitution of right to work fund, creation of right to work insurance policy and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the right to work act, 2018short title and extent (2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "employment exchange" means an employment exchange set up by the government of a state or union territory administration;5(b) "fund" means the "right to work fund" constituted under sub-section (1)of section 9;(c) "government" means the central government; (d) "notification" means a notification published in the official gazette by the central government; and(e) "prescribed" means prescribed by rules made under this actright to work103 subject to the provisions of sections 7 and 12, every citizen who has attained theage of eighteen years and who, being unemployed, is registered at an employment exchange shall have the right to appropriate work to be provided by the governmentnature of work to be provided4 the work to be provided by the government under section 3 shall be suited to theage and qualification of the citizen concerned15grant of allowance5 till such time as work is provided to a citizen under section 3, there shall be paidby the government to such citizen such allowance, not being less than rupees five thousand per month, as may be prescribed20removal of name by employment exchange6 if a citizen secures any work or job subsequent to his registration with the employmentexchange, either on his own or otherwise, he shall inform the employment exchange immediately and his name shall be removed by the employment exchange with effect from the date of having secured the job or work7 the provisions of this act shall not apply to any citizen,—act not to apply to certain citizens(a) who has an income, from one or more sources, not less than the amount ofallowance fixed under section 5; and25(b) who is covered under any scheme of unemployment allowance prevalent ina state or union territoryreduction of allowance8 where a citizen, being unemployed, is registered with an employment exchange, buthas an income of his own from any source, the amount of allowance to which he is entitled under section 5 shall be reduced by the amount of his income309 (1) the government shall constitute a fund to be called "right to work fund"for the payment of allowance under this actconstitution of 'right to work fund'(2) the government shall, from time to time, make such grants to the fund as may berequired for the purpose of this act(3) these shall be credited to the fund,—35(a) all grants made by the government under sub-section (2);(b) all voluntary donations made to the fund; (c) all contributions in respect of the right to work insurance policy undersection 10;(d) all sums collected under section 11; and40(e) any interest or dividend or other return on any investment made out of thefund(4) all amounts due and payable under this act and all expenditure relating to the management and administration of the fund shall be paid out of the fund10 the government shall frame a right to work insurance policy to cover whole or any part of such grants of allowances as may be payable under this actright to work insurance policy contribution to the fund511 every citizen who receives work or allowance under this act shall contribute to the fund for a prescribed period immediately after securing any work or job, at such rate, as may be prescribed12 the government may, in its endeavour to provide work under this act, categorise citizens by notification on the basis of their qualification or such other basis, as may be prescribed, and make citizens of such categories entitled to right to work under section 3:categorising of citizens entitled to right to work10provided that the government shall provide the right to work to all eligible citizens within ten years from the commencement of this actannual report by government13 as soon as may be, after the close of a financial year, the government shall cause an annual report on the working and administration of the fund and the implementation of this act during that year, to be prepared and laid before each house of parliament, and every such report shall be in such form and shall contain such matters as may be prescribed15power to make rules14 (1) the government may, by notification, make rules for carrying out the purposes of this act(2) in particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—20(a) the rate of allowance referred to in section 5 and different rates may beprescribed on the basis of qualification and skills;(b) the necessary details relating to the right to work insurance referred to insection 10;(c) the rate of contribution to the fund under section 11; (d) the basis of categorisation of citizens under section 12;25(e) the form and content of the annual report mentioned in section 13; (f) the procedure to regulate all payments under this act; and (g) any other matter which is required to be, or may be, prescribed3035(3) every rule made under this act by the government and every notification issued under section 12, shall be laid, as soon as may be after it is made or 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 rule or notification or both houses agree 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 statement of objects and reasonsindian constitution guarantees to every citizen the fundamental right to life the supreme court has observed that the right to life, in order to be meaningful, assumes the availability of necessary means to a decent livelihood on the other hand, the problem of unemployment has assumed menacing proportions even the educated citizens are rendered indigent lack of employment opportunity in the country is also leading to brain drain and exodus of a large number of skilled and unskilled persons abroadit is time that concerted efforts are made by the state to assure work to citizens the bill grants every citizen the legal right to work till such time as work is provided to a citizen, he or she shall be entitled to an allowancethe bill also provides for the constitution of a 'right to work fund' by the governmentthe fund will receive grants made by the government, contributions at prescribed rate and for a specified period from citizens who secure work after registration, etc there is also a provision to promote right to work insurance to raise financesthe bill is realistic, in so far as it provides for a gradual introduction of the right to work to begin with, the government may categorise citizens on the basis of their qualification or any other basis and make citizens of such categories entitled to the right to work, so, however, that gradually all the citizens secure the right to work within a period of ten years from the commencement of the acthence this billnew delhi;udit rajnovember 27, 2018 financial memorandumclause 3 of the bill provides for right to work clause 5 seeks to provide allowance to a citizen who has attained the age of eighteen years and who, being unemployed, is registered at an employment exchange till such time as work is provided to such a citizen, he or she shall be entitled to such allowance not being less than two hundred rupees per week, as may be prescribed clause 9 provides for the constitution of a 'right to work fund' for the grant of allowance under this act it is difficult to make an exact estimate of the recurring expenditure that may be involved on this count nevertheless, the provisions of the bill may be expected to involve recurring expenditure of about rupees five hundred crore per annum from the consolidated fund of india the recurring expenditure is expected to reduce substantially as employment situation improves, and as voluntary donations and contributions from citizens who secure work and contributions from the right to work insurance are receivedno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 14 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character—————— a billto provide for the right to work to every eligible citizen and for payment of allowance tillsuch time as appropriate work is provided to every citizen, constitution of right towork fund, creation of right to work insurance policy and for mattersconnected therewith or incidental thereto————(dr udit raj, mp)mgipmrnd—2082ls(s-3)—14-12-2018

Parliament_bills

4a295455-ee9e-5364-a608-08b9c05c3e01

bill no xxi of 2013 the merchant shipping (amendment) bill, 2013 a billfurther to amend the merchant shipping act, 1958be it enacted by parliament in the sixty-fourth year of the republic of india as follows:— 1 (1) this act may be called the merchant shipping (amendment) act, 2013short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint544 of 19582 in the merchant shipping act, 1958 (hereinafter referred to as the principal act), after part xia, the following part shall be inserted, namely:—insertion of new part xib 'part xib control of harmful anti-fouling systems on shipsapplication356p (1) save as otherwise provided in this part, this part shall apply to—(a) every indian ship, wherever it is; (b) ships not entitled to fly the flag of india, but which operate under theauthority of india; and80 of 19765(c) ships that enter a port, shipyard, or offshore terminal or place in india or within the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction in regard to control of pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force (2) this part shall not apply to any warship, naval auxiliary or other ship owned or operated by or under the authority of india and used, for the time being, only on government non-commercial service:10provided that in case of such ships, the government shall ensure by the adoption of appropriate measures not impairing operations or operational capabilities of such ship that such ships in a manner consistent are operated with this partdefinitions356q in this part, unless the context otherwise requires,—15(a) "anti-fouling system" means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms;(b) "authority" means—(i) the government of india under whose authority the ship is operating;20(ii) with respect to a ship entitled to fly a flag of any other country, the government of that country; and25(iii) with respect to floating platforms engaged in exploration and exploitation of the sea-bed and subsoil thereof adjacent to indian coast over which government of india exercises sovereign rights for the purposes of exploration and exploitation of its natural resources (including floating storage units and floating production storage and offloading units), the government of india; (c) "committee" means the marine environment protection committee of the organisation;30(d) "convention" means the international convention on the control of harmful anti-fouling systems on ships, 2001;35(e) "gross tonnage" means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in annex 1 to the international convention on tonnage measurement of ships, 1969, as set out in the annexure or any successor convention as ratified or acceded to or adopted by the government of india;(f) "international voyage" means a voyage by a ship entitled to fly the flag of one state to or from a port, shipyard, or offshore terminal under the jurisdiction of another state;40(g) "length" means the length as defined in the international convention on load lines, 1966, as modified by the protocol of 1988 relating thereto, or any successor convention as ratified or acceded to or adopted by the government of india;(h) "organisation" means the international maritime organisation;45(i) "port" shall have the same meaning as assigned to it in the indian port act, 1908, the major port trusts act, 1963, or under any other law for the time being in force and shall include any terminal, either within the port limits or otherwise;(j) "ship" means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units and floating production storage and off-loading units5control of anti-fouling systems356r (1) every indian ship and other ships which are not entitled to fly indian flag but operating under the authority of india, shall comply with the requirements set forth in this part, including the applicable standards and requirements as prescribed from time to time as well as effective measures to ensure that such ships comply with the requirements, as may be prescribed from time to time10(2) all other vessels to which this part applies shall comply with requirementsof the anti-fouling systems as prescribed from time to time15issuance of international anti-fouling system certificate356s (1) no indian ship or other ships entitled to fly indian flag or operating under its authority, which is of 400 gross tonnage and above shall engage in international voyage unless there is on-board, in respect of that ship, a certificate issued by the director-general, to be called as international anti-fouling system certificate, in such form, for such duration and subject to such procedures and conditions as may be prescribed, from time to time20(2) no indian ship or other ships entitled to fly indian flag or operating under its authority excluding fixed or floating platforms, floating storage units and floating production storage and offloading units which is of 24 metres or more in length, but less than 400 gross tonnage, shall engage in international voyage unless there is onboard a declaration in such form and subject to such procedures and conditions as may be prescribed, from time to time25(3) indian ships, which are below 400 gross tonnage and not engaged in international voyage and which are required to be registered under this act, shall be issued an indian anti-fouling system certificate, as may be prescribed from time to time30356t (1) the central government may, at the request of the government of a country to which the convention applies, cause an international anti-fouling system certificate to be issued in accordance with the convention in respect of any ship of that country to which the convention applies, if it is satisfied that such certificate can properly be issued, and where a certificate is so issued, it shall contain a statement that it has been so issued on a request, as per the procedure prescribed in this behalf from time to timeissue of anti- fouling system certificate for foreign ships in india and indian ships in foreign countries35 40(2) the central government may request the government of a country to which the convention applies, to issue an international anti-fouling system certificate in accordance with the convention in respect of a ship to which this part applies and the certificate so issued in pursuance of such a request shall contain a statement that it has been so issued and shall have the same effect as if it had been issued by the central government under this actcontrols of waste materials356u taking into account the international rules, standards and requirements, the central government shall prescribe the rules and take appropriate measures in its territory to require that wastes from the application or removal of an anti-fouling system, are collected, handled, treated and disposed of in a safe and environmentally sound manner, by any person in india, to protect human health and the environment45356v (1) every ship to which this part applies shall maintain, a record of antifouling systems in the prescribed formrecord of anti-fouling systems(2) the manner, in which the record of anti-fouling systems to be maintained shall be prescribed having regard to the provisions of the convention and this part356w (1) a surveyor or any person authorised by the director-general in this behalf may inspect, at any reasonable time, any ship to which any of the provisions of this part applies, for the purposes of—inspection and control of all ships above 400 gross tonnage(a) ensuring that the prohibitions, restrictions and obligations imposed by or under this part are complied with;5(b) verifying that, where required, there is on-board a valid international anti-fouling system certificate or a declaration on anti-fouling system; or(c) brief sampling of the ship's anti-fouling system that does not affect the integrity, structure, or operation of the anti-fouling system taking into account the procedures as prescribed from time to time; and10(d) verifying any record required to be maintained on-board(2) for the purposes of clause (c) of sub-section (1), the time required to process the results of such sampling shall not be used as a basis for preventing the movement and departure of the ship15(3) the surveyor or any person, authorised by the director-general in this behalf, may, certify any matter referred to in sub-section (1) in respect of such ship as a copy of the records of the ship to be a true copy and such copy shall be admissible as evidence of the facts stated therein20356x (1) if, on receipt of a report from a surveyor or other person authorised to inspect a ship, the director-general is satisfied that any provision of this part has been contravened by such ship within the coastal waters, the director-general or any officer authorised by him in this behalf, may—information regarding contravention of the provisions of convention(a) detain the ship until the causes of such contravention are removed to the satisfaction of the director-general or the officer authorised by him; and(b) levy penalty on such ship as specified in section 436:25provided that where the director-general deems it necessary, he may request the indian navy or the coast guard for preventing the ship from proceeding to sea and the indian navy or the coast guard, as the case may be, shall take action as requested by the director-general30(2) on receipt of information from the government of any country to which the convention applies that a ship has contravened any provision of the convention, the central government may, if it deems it necessary so to do, request such government to furnish further details of the alleged contravention and, if satisfied that sufficient evidence is available, conduct investigation of the alleged violations and take appropriate measures in respect thereof35power to make rules356y (1) the central government may, having regard to the provisions of the convention, make rules to carry out the provisions of this part(2) in particular and without prejudice to the generality of the provisions of subsection (1), such rules may provide for all or any of the following matters, namely:—40(a) the specification of the anti-fouling system; (b) the forms of record of anti-fouling systems, the manner in which such records shall be maintained;45(c) the fees which may be levied for inspection and for issuance of the international anti-fouling system certificate;(d) the fees which may be levied for inspection and for issuance of the indian anti-fouling system certificate;(e) any other matter which, for the implementation of the convention has to be or may be prescribed'3 in section 436 of the principal act, after serial number 115g and the entries relating thereto, the following shall be inserted, namely:—amendment of section 436sloffencessection of this actpenaltiesnoto which offencehas reference51 2 34"115hif the owner of an indian ship fails356rfine which may extend toto comply with section 356rfive lakh rupees10115-iif a master proceeds or attempts356sfine which may extend toto proceed to sea in contraventionone lakh rupeesof section 356s15115jif the owner of an indian ship or356ufine which may extend toany person fails to comply withfifty thousand rupeesthe rules made or measures taken by the central government under section 356u115kif the master of a ship fails to356vfine which may extend tomaintain records as requiredfifty thousand rupeesby section 356v20115lif the master of a ship fails to356w(1)fine which may extend tocomply with sub-section (1) offifty thousand rupees"section 356winsertion of annexure4 after the schedule to the principal act, the following annexure shall be inserted, namely:— 25 "annexure [see clause (e) of section 356q] regulations contained in annex 1 to the international convention on tonnage measurement of ships, 1969 regulations for determining gross and net tonnages of ships regulation 130 general(1) the tonnage of a ship shall consist of gross tonnage and net tonnage (2) the gross tonnage and the net tonnage shall be determined in accordance with the provisions of these regulations35(3) the gross tonnage and the net tonnage of novel types of craft whose constructional features are such as to render the application of the provisions of these regulations unreasonable or impracticable shall be as determined by the administration where the tonnage is so determined, the administration shall communicate to the organisation details of the method used for that purpose, for circulation to the contracting governments for their information40 regulation 2 definitions of terms used in the annexes(1) upper deck45the upper deck is the uppermost complete deck exposed to weather and sea, which has permanent means of weathertight closing of all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing in a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the upper deck (2) moulded depth5(a) the moulded depth is the vertical distance measured from the top of the keel to the underside of the upper deck at side in wood and composite ships the distance is measured from the lower edge of the keel rabbet where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel(b) in ships having rounded gunwales, the moulded depth shall be measured to the point of inter-section of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design10(c) where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is to be determined, the moulded depth shall be measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part (3) breadth15the breadth is the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material (4) enclosed spaces20 25enclosed spaces are all those spaces which are bounded by the ship's hull, by fixed or portable partitions or bulkheads, by decks or coverings other than permanent or movable awnings no break in a deck, nor any opening in the ship's hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed space (5) excluded spaces30notwithstanding the provisions of paragraph (4) of this regulation, the spaces referred to in sub-paragraphs (a) to (e) inclusive of this paragraph shall be called excluded spaces and shall not be included in the volume of enclosed spaces, except that any such space which fulfils at least one of the following three conditions shall be treated as an enclosed space:- the space is fitted with shelves or other means for securing cargo or stores;- the openings are fitted with any means of closure;35- the construction provides any possibility of such openings being closed:40(a) (i) a space within an erection opposite an end opening extending from deck to deck except for a curtain plate of a depth not exceeding by more than 25 millimetres (one inch) the depth of the adjoining deck beams, such opening having a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening of the space this provision shall be applied so as to exclude from the enclosed spaces only the space between the actual end opening and a line drawn parallel to the line or face of the opening at a distance from the opening equal to one- half of the width of the deck at the line of the opening (figure 1 in appendix i)45 50 (ii) should the width of the space because of any arrangement except by convergence of the outside plating, become less than 90 per cent of the breadth of the deck, only the space between the line of the opening and a parallel line drawn through the point where the athwartships width of the space becomes equal to, or less than, 90 per cent of the breadth of the deck shall be excluded from the volume of enclosed spaces (figures 2, 3 and 4 in appendix 1)5(iii) where an interval which is completely open except for bulwarks or open rails separates any two spaces, the exclusion of one or both of which is permitted under sub-paragraphs (a)(i) and/or (a)(ii), such exclusion shall not apply if the separation between the two spaces is less than the least half breadth of the deck in way of the separation (figures 5 and 6 in appendix 1)10(b) a space under an overhead deck covering open to the sea and weather, having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support in such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship's side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 075 metres (25 feet) or one-third of the height of the space, whichever is the greater (figure 7 in appendix 1)15 20(c) a space in a side-to-side erection directly in way of opposite side openings not less in height than 075 metres (25 feet) or one-third of the height of the erection, whichever is the greater if the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited on-board from the opening to a maximum of one-half of the breadth of the deck in way of the opening (figure 8 in appendix 1)25(d) a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening (figure 9 in appendix 1)30(e) a recess in the boundary bulkhead of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance (figure 10 in appendix 1) (6) passengera passenger is every person other than:35(a) the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and(b) a child under one year of age(7) cargo spaces40cargo spaces to be included in the computation of net tonnage are enclosed spaces appropriated for the transport of cargo which is to be discharged from the ship, provided that such spaces have been included in the computation of gross tonnage such cargo spaces shall be certified by permanent marking with the letters cc (cargo compartment) to be so positioned that they are readily visible and not to be less than 100 millimetres (4 inches) in height (8) weathertight45weathertight means that in any sea conditions water will not penetrate into the ship regulation 3 gross tonnagethe gross tonnage (gt) of a ship shall be determined by the following formula:50gt = k1v where: v = total volume of all enclosed spaces of the ship in cubic metres, k1 = 02 + 002log10 v (or as tabulated in appendix 2) regulation 4 net tonnage(1) the net tonnage (nt) of a ship shall be determined by the following formula:$$\mathrm{nt}=\mathrm{k}_{2}\,\mathrm{v}_{\mathrm{c}}\,\left({\frac{4\mathrm{d}}{3\mathrm{d}}}\right)^{2}+\mathrm{k}_{3}\left(\mathrm{n}_{1}+\mathrm{\frac{n_{2}}{10}}\right),$$in which formula:52 shall not be taken as greater than unity;3d(a) the factor (4d )2 shall not be taken as less than 025 gt; and(b) the term k 2vc (4d )3d(c) nt shall not be taken as less than 030 gt, and in which:vc = total volume of cargo spaces in cubic metres,10k2 = 02 + 002 log10vc (or as tabulated in appendix 2), k3 = 125 gt + 10,000 , () 10,000d = moulded depth amidships in metres as defined in regulation 2(2), d = moulded draught amidships in metres as defined in paragraph (2) of this regulation,15n1 = number of passengers in cabins with not more than 8 berths, n2 = number of other passengers, n1 + n2 = total number of passengers the ship is permitted to carry as indicated in the ship's passenger certificate; when n1 + n2 is less than 13, n1 and n2 shall be taken as zero,20gt = gross tonnage of the ship as determined in accordance with the provisions of regulation 3(2) the moulded draught (d) referred to in paragraph (1) of this regulation shall be one of the following draughts:25(a) for ships to which the international convention on load lines in force applies, the draught corresponding to the summer load line (other than timber load lines) assigned in accordance with that convention;(b) for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the international convention for the safety of life at sea in force or other international agreement where applicable;30(c) for ships to which the international convention on load lines does not apply but which have been assigned a load line in compliance with national requirements, the draught corresponding to the summer load line so assigned;(d) for ships to which no load line has been assigned but the draught of which is restricted in compliance with national requirements, the maximum permitted draught;35(e) for other ships, 75 per cent of the moulded depth amidships as defined in regulation 2(2) regulation 5 change of net tonnage5(1) when the characteristics of a ship, such as v, vc, d, n1 or n2 as defined in regulations 3 and 4, are altered and where such an alteration results in an increase in its net tonnage as determined in accordance with the provisions of regulation 4, the net tonnage of the ship corresponding to the new characteristics shall be determined and shall be applied without delay10(2) a ship to which load lines referred to in sub-paragraphs (2)(a) and (2)(b) of regulation 4 are concurrently assigned shall be given only one net tonnage as determined in accordance with the provisions of regulation 4 and that tonnage shall be the tonnage applicable to the appropriate assigned load line for the trade in which the ship is engaged15 20(3) when the characteristics of a ship such as v, vc, d, n1 or n2 as defined in regulations 3 and 4 are altered or when the appropriate assigned load line referred to in paragraph (2) of this regulation is altered due to the change of the trade in which the ship is engaged, and where such an alteration results in a decrease in its net tonnage as determined in accordance with the provisions of regulation 4, a new international tonnage certificate (1969) incorporating the net tonnage so determined shall not be issued until twelve months have elapsed from the date on which the current certificate was issued; provided that this requirement shall not apply:(a) if the ship is transferred to the flag of another state, or (b) if the ship undergoes alterations or modifications which are deemedby the administration to be of a major character, such as the removal of a superstructure which requires an alteration of the assigned load line, or25(c) to passenger ships which are employed in the carriage of large numbers of unberthed passengers in special trades, such, for example, as the pilgrim trade regulation 6 calculation of volumes30(1) all volumes included in the calculation of gross and net tonnages shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in ships constructed of metal, and to the outer surface of the shell or to the inner side of structural boundary surfaces in ships constructed of any other material(2) volumes of appendages shall be included in the total volume35(3) volumes of spaces open to the sea may be excluded from the total volume regulation 7 measurement and calculation40(1) all measurement used in the calculation of volumes shall be taken to the nearest centimetre or one-twentieth of a foot(2) the volumes shall be calculated by generally accepted methods for the space concerned and with an accuracy acceptable to the administration(3) the calculation shall be sufficiently detailed to permit easy checking appendix 1figures referred to in regulation 2(5)in the following figures: o = excluded space c = enclosed space i = space to be considered as an enclosed space hatched in parts to be included as enclosed spaces b = breadth of the deck in way of the openingv or vc = volume in cubic metresv or vck1 or k2v or vck1 or k2v or vck1 or k2v or vck1 or k2 100220045,00002931330,00003104670,00003165 200226050,00002940340,00003106680,00003166 300229555,00002948350,00003109690,00003168 400232060,00002956360,00003111700,00003169 500234065,00002963370,00003114710,00003170 600235670,00002969380,00003116720,00003171 700236975,00002975390,00003118730,00003173 800238180,00002981400,00003120740,00003174 900239185,00002986410,00003123750,00003175 1000240090,00002991420,00003125760,00003176 2000246095,00002996430,00003127770,00003177 40002520110,00003008450,00003131790,00003180 50002540120,00003016460,00003133800,00003181 60002556130,00003023470,00003134810,00003182 70002569140,00003029480,00003136820,00003183 80002581150,00003035490,00003138830,00003184 90002591160,00003041500,00003140840,000031851,00002600170,00003046510,00003142850,000031862,00002660180,00003051520,00003143860,000031873,00002695190,00003056530,00003145870,000031884,00002720200,00003060540,00003146880,000031895,00002740210,00003064550,00003148890,000031906,00002756220,00003068560,00003150900,000031917,00002769230,00003072570,00003151910,00003192| v or vc | k ||-----------|--------|| 1 | || or k | || 2 | || v or vc | k || 1 | || or k | || 2 | || v or vc | k || 1 | || or k | || 2 | || v or vc | k || 1 | || or k | || 2 | || 8,000 | 02781 || 9,000 | 02791 || 10,000 | 02800 || 15,000 | 02835 || 20,000 | 02860 || 25,000 | 02880 || 30,000 | 02895 || 35,000 | 02909 || 40,000 | 02920 |coefficients k1 or k2 at intermediate values of v or vc shall be obtained by linear interpolation" statement of objects and reasonsthe merchant shipping act, 1958 governs matters relating to merchant shipping in india the main objective of the act is to ensure development and efficient maintenance of the indian mercantile marine in a manner best suited to serve the national interest the act has been amended from time to time in the light of experience gained in its implementation and also to give effect to the provisions of various international conventions to which india has acceded2 as a member of the international maritime organisation (imo), india has acceded to a number of international conventions and protocols adopted by the imo now, india intends to accede to the international convention for the control of harmful anti-fouling systems on ships, 2001 (hereafter referred to as afs convention 2001) this convention aims to protect the marine environment and human health from adverse effects of use of listed harmful anti-fouling systems as the anti-fouling paints on ship's surface lead to "leaching" of these paints into the sea water which persist in the water, thereby causing harm to the environment in order to enable the government of india or its agencies to give effect to the afs convention 2001 adopted by imo as also to enable the maritime administration to meet its operational requirements, suitable amendments in the said act are required to be made3 it is proposed to amend the merchant shipping act, 1958 to provide for the enforcement of the afs convention 2001 and thereby making it mandatory for indian flag vessels to comply with anti-fouling systems and to obtain a certificate of compliance thereof under the provisions of the merchant shipping (amendment) bill, 2013, all indian flag vessels having 400 gross tonnage or more, engaged in international voyages, would be issued with an international anti-fouling system certificate, after due verification this will enable them to engage in international shipping activities without having to approach government of other countries, who have ratified the convention for such certificates further, india will be able to ensure that all foreign flag vessels entering territorial waters of india, or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction in regard to control of pollution under any law for the time being in force, are duly certified in accordance with the requirement of the afs convention 2001 the bill further provides for the levy of the penalty for non-compliance of the provisions of the convention4 the bill seeks to achieve the above objectsnew delhi;g k vasanthe 22nd february, 2013 memorandum regarding delegated legislationclause 2 of the bill proposes for the insertion of a new part xib containing sections356p to 356y sub-section (1) of the proposed section 356y empowers the central government to make rules for carrying out the provisions of the bill sub-section (2) of the said section provides for the matters in respect of which such rules may be made, which, inter alia, pertain to the provisions relating to—(a) the specification of the anti-fouling system; (b) the forms of record of anti-fouling systems, the manner in which such recordsshall be maintained;(c) the fees which may be levied for inspection and for issuance of theinternational anti-fouling system certificate;(d) the fees which may be levied for inspection and for issuance of the indiananti-fouling system certificate;(e) any other matter for the implementation of the convention2 the matters in respect of which the central government may make rules are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character rajya sabha———— a billfurther to amend the merchant shipping act, 1958————(shri gk vasan, minister of shipping)gmgipmrnd—5721rs(s4)—13032013

Parliament_bills

3cb848d2-912d-5541-a701-775d108429e0

bju no • of in' the cine-workers welfare fund (amendment) bill, 1987 a billto amend the cine-worker, welfare fund act, 1981 be it enacted by parliament in the thirty-ejghth year of the republic of india as follow:-mence· mento l (1) this act may be called the cine-workers welfare fund short (amendment) act, 1987 tiue aad com-s (2) it shan come into force on such date as the central government may, by notification in the oftlcial gazette, appoint amend ment of lection 2 2 in section 2 of the cine-workers welfare fund act, 1981 (hereinafter referred to as the principal act), in clause (b), in sub-clause (ii), for the words "one thousand rupees" and "five thousand rupees", the 10 words "one thousand and six hundred rupees" and "eight thousand rupees" shall, respectively, be substituted | amend | ||-----------|------|| mentof | || section | 4 |3 in section 4 of the principal act, in sub-8ection (1), in clause (c), after the words "the cine-workers", the words ", including family welfare, family planning, education and services" shall be inserted amend ment of section • is '- in section 6 of the principal act, in sub-section (2), for the words "eleven members appointed", the words "such number of members as may be appointed" shan be substituted statement of objects and reasonsthe cine-workers welfare fund act, 1981 is applicable to cine--workers as defined under the act whose remuneration with respect to the type of employment referred to in the act does not exceed,· where such remuneration is by way of monthly wages, a sum of (\ne thousand rupees per month, and where such remuneration is by way of lump sum, a sum of five thousand rupees however, the ceiling on monthly wages under the cine-workers and cinema theatre workers (regulation of em- ployment) act, 1981 as well as under the welfare schemes framed under other welfare fund acts is one thousand and six hundred rupees per \ month it is, therefore, proposed to amend the cineworkers welfare fund act 'sui~ably to bring about llniformity to the extent possible in this respect 2 the purposes for which the welfare fund formed undetthe act can be applied by the central government have been specified in section 4 of the act in view of the importance and urgency accorded by government to family welfare and family planning programmes, it is proposed to specifically provide that the fund can als-o be applied for family welfare schemes including family planning, education and services 3 according to the existing provisioll's in the act, the central advisory committee constituted under the act consists of eleven members in all the other central advisory committees established under various acts the principle of tripartism has been recognised and equal number of representatives of government, employers and employees have been included in such advisory committees with a view to bringing the provisions of the cine--workers welfare fund act 1981 in conformity with the said principle the ceiling of eleven members provided in subsection (2) of section 6 is sought to be suitably amended 4 the bill seeks to achieve the above objects new delhi; purno a sangma the 28th j onuary, 1987 annexure extracts nom the cine-workers weuaile fund act, 1981(33 01' 1981) - - - - - ~ni­tions 2 in this act, unless the context otherwise requires,-- - - - - (b) "cine-worker" means an individual-- - - (ii) whose remuneration with respect to such employment in or in 'connection with the production of each of any five feature films, has not exceeded, where such remuneration has been by way of· monthly wages, a sum of one thousand rupees per month, and where such remuneration has been by way of a lump sum, a sum of five thousand rupees; - - - - - appli_ cation of fund, 4 (1) the fund shall be ,pplied by the central government to 'meet the expenditure incurred in connection with measures and facilities which, in the opinion of that government, are necessary or expedient to promote the welfare of cine-workers; and, in particular ,-- - - - - (c) to sanction any money in aid of any scheme for the welfare of the cine-workers which is approved by the central government; - - - - - 6 (1) - - - - - central advisory com_ mittee (2) the central advisory committee shall consist of eleven members appointed by the central governme~t and ~ members shall be chosen in such manner as may be prescribed: provided that the central advisory committee shall include at least three members representing the government, the cineworkers and the producers - - - - ' ' billto amend the cine-workers welfare fund act, 1981 (shri p a scmgma, minister of state of the ministry of labour)

Parliament_bills

eb35cfcf-db94-5080-9a25-00683cc809cd

annexure extract from the constitution of inbia 248, residuary powers of legislation—(/) parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or state list (2) such power shall include the power of making any law imposing a tax not mentioned in either of those lists 249, power of parliament to legislate with respectto a matter in the state list in the national interest—(/) notwithstanding anything in the foregoing provisions of this chapter, if the council of states has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that parliament should make laws with respect to any matter enumerated in the state list specified in the resolution, it shall be lawful for parliament to make laws for the whole or any part of the territory of india with respect to that matter while the resolution remains in force (2) a resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein: provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from ihe date on which under this clause it would otherwise have ceased to be in force, 251 inconsistency between laws made by parliament under articles 249 and 250 and laws made by the legislatures of states—nothing in articles 249 and 250 shall resirict the power of the legislature of a state to make any law which under this constitution it has pawer to make, but if any provision of a law made by the legislature of a state is repugnant to any provision of a law made by parliament which parliament has under either of the said articles power to make, the law made by parliament, whether passed before or after the law made by the legislature of the state, shall prevail, and the law made by the legislature of the state shall to the extent of the repugnancy, but so long only as the law made by parliament continues to have effect, be inoperative, two or more states to be desirable that any of the matters with respect to which parliament has no power to make laws for the states except as provided in articles 249 and 250 should be regulated in such states by parliament by law, and if resoiutions to that effect are passed by all the houses of the legislatures of those states, it shall be lawful for parliament to pass an act for regulating that matter accordingly, and any act so passed shall apply to such states and to any other state by which it is adopted afterwards by resolution passed in that behalf by the house or, where there are two houses, by each of the houses of the legislature of that state, (2) any act so passed by parliament may be amended or repealed by an act of parliament passed or adopted in like manner but shall hot, as respects any state to which it applies, be amended or repealed by an act of the legislature of that state (article 246)list i—union list a 97, any other matter not enumerated in list if or list ie including any tax not mentioned in either of those lists,

Parliament_bills

a1f596fa-551b-5925-a9d5-8ad40a2648be

the banning of unregulated deposit schemes bill, 2018——————— arrangement of clauses——————— chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii banning of unregulated deposit schemes3banning of unregulated deposit schemes4fraudulent default in regulated deposit schemes5wrongful inducement in relation to unregulated deposit schemes6certain scheme to be unregulated deposit scheme chapter iii authorities7competent authority8designated court chapter iv information on deposit takers9central database10intimation of business by deposit taker11information to be shared chapter v restitution to depositors12priority of depositors' claim13precedence of attachment14application for confirmation of attachment and sale of property15confirmation of attachment by designated court16attachment of property of malafide transferees17payment in lieu of attachment18powers of designated court clauses19appeal to high court20power of supreme court to transfer cases chapter vi offences and punishments21punishment for contravention of section 322punishment for contravention of section 423punishment for contravention of section 524punishment for repeat offenders25offences by deposit takers other than individuals26punishment for contravention of section 1027cognizance of offences chapter vii investigation, search and seizure28offences to be cognizable and non-bailable29competent authority to be informed of offences30investigation of offences by central bureau of investigation31power to enter, search and seize without warrant32application of code of criminal procedure, 1973 to proceedings before designated court chapter viii miscellaneous33publication of advertisement of unregulated deposit scheme34act to have overriding effect35application of other laws not barred36protection of action taken in good faith37power of central government to make rules38power of state government, etc, to make rules39laying of rules40power to remove difficulties41power to amend first schedule42amendment to certain enactmentsthe first schedule the second schedule bill no 85 of 2018 the banning of unregulated deposit schemes bill, 2018 a billto provide for a comprehensive mechanism to ban the unregulated deposit schemes and to protect the interest of depositors and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the banning of unregulated deposit schemesact, 2018short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:definitions2 in this act, unless the context otherwise requires,—(1) "appropriate government" means in respect of matters relating to,—(i) the union territory without legislature, the central government; (ii) the union territory of puducherry, the government of that union territory;5(iii) the union territory of delhi, the government of that union territory;and(iv) the state, the state government;1018 of 2013(2) "company" shall have the same meaning as assigned to it in clause (20) of section 2 of the companies act, 2013;(3) "competent authority" means an authority appointed by the appropriate government under section 7;15(4) "deposit" means an amount of money received by way of an advance or loan or in any other form, by any deposit taker with a promise to return whether after a specified period or otherwise, either in cash or in kind or in the form of a specified service, with or without any benefit in the form of interest, bonus, profit or in any other form, but does not include—2010 of 1949(a) amounts received as loan from a scheduled bank or a co-operative bank or any other banking company as defined in section 5 of the banking regulation act, 1949;2 of 193425(b) amounts received as loan or financial assistance from the public financial institutions notified by the central government in consultation with the reserve bank of india or any non-banking financial company as defined in clause (f) of section 45-i of the reserve bank of india act, 1934 and is registered with the reserve bank of india or any regional financial institutions or insurance companies;30(c) amounts received from the appropriate government, or any amount received from any other source whose repayment is guaranteed by the appropriate government, or any amount received from a statutory authority constituted under an act of parliament or a state legislature;42 of 199935(d) amounts received from foreign governments, foreign or international banks, multilateral financial institutions, foreign government owned development financial institutions, foreign export credit collaborators, foreign bodies corporate, foreign citizens, foreign authorities or persons resident outside india subject to the provisions of the foreign exchange management act, 1999 and the rules and regulations made thereunder;(e) amounts received by way of contributions towards the capital by partners of any partnership firm or a limited liability partnership;40(f) amounts received by an individual by way of loan from his relatives or amounts received by any firm by way of loan from the relatives of any of its partners;(g) amounts received as credit by a buyer from a seller on the sale of anyproperty (whether movable or immovable);45(h) amounts received by an asset re-construction company which isregistered with the reserve bank of india under section 3 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;43 of 1951(i) any deposit made under section 34 or an amount accepted by a politicalparty under section 29b of the representation of the people act, 1951;(j) any periodic payment made by the members of the self-help groupsoperating within such ceilings as may be prescribed by the state government or union territory government;5(k) any other amount collected for such purpose and within such ceilingsas may be prescribed by the state government;(l) an amount received in the course of, or for the purpose of, businessand bearing a genuine connection to such business including—10(i) payment, advance or part payment for the supply or hire ofgoods or provision of services and is repayable in the event the goods or services are not in fact sold, hired or otherwise provided;15(ii) advance received in connection with consideration of animmovable property under an agreement or arrangement subject to the condition that such advance is adjusted against such immovable property as specified in terms of the agreement or arrangement;(iii) security or dealership deposited for the performance of thecontract for supply of goods or provision of services; or20(iv) an advance under the long-term projects for supply of capitalgoods except those specified in item (ii):provided that if the amounts received under items (i) to (iv) becomerefundable, such amounts shall be deemed to be deposits on the expiry of fifteen days from the date on which they become due for refund:25provided further that where the said amounts become refundable,due to the deposit taker not obtaining necessary permission or approval under the law for the time being in force, wherever required, to deal in the goods or properties or services for which money is taken, such amounts shall be deemed to be depositsexplanation— for the purposes of this clause,—3018 of 2013(i) in respect of a company, the expression "deposit" shallhave the same meaning as assigned to it under the companies act, 2013;2 of 193435(ii) in respect of a non-banking financial company registeredunder the reserve bank of india act, 1934, the expression "deposit" shall have the same meaning as assigned to it in clause (bb) ofsection 45-i of the said act;(iii) the expressions "partner" and "firm" shall have themeanings respectively assigned to them under the indian partnership act, 1932;9 of 193240(iv) the expression "partner" in respect of a limited liability partnership shall have the same meaning as assigned to it in clause (q) of section 2 of the limited liability partnership act, 2008;6 of 2009(v) the expression "relative" shall have the same meaning as assigned to it in the companies act, 2013;18 of 2013(5) "depositor" means any person who makes a deposit under this act;45(6) "deposit taker" means—(i) any individual or group of individuals;(ii) a proprietorship concern; (iii) a partnership firm (whether registered or not);6 of 2009(iv) a limited liability partnership registered under the limited liability partnership act, 2008;(v) a company;5(vi) an association of persons;2 of 1882(vii) a trust (being a private trust governed under the provisions of the indian trusts act, 1882 or a public trust, whether registered or not);(viii) a co-operative society or a multi-state co-operative society; or (ix) any other arrangement of whatsoever nature,10receiving or soliciting deposits, but does not include—(i) a corporation incorporated under an act of parliament or a state legislature;15 10 of 1949(ii) a banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi- state co-operative bank as defined in the banking regulation act,1949; (7) "designated court" means a designated court constituted by the appropriate government under section 8;4 of 193820(8) "insurer" shall have the same meaning as assigned to it in clause (9) of section 2 of the insurance act, 1938;(9) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(10) "person" includes—(i) an individual;25(ii) a hindu undivided family; (iii) a company;(iv) a trust; (v) a partnership firm;(vi) a limited liability partnership;30(vii) an association of persons; (viii) a co-operative society registered under any law for the time being in force relating to co-operative societies; or(ix) every artificial juridical person, not falling within any of the preceding sub-clauses;35(11) "prescribed" means prescribed by the rules made by the central government or, as the case may be, the state government under this act;40(12) "property" means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located;18 of 2013(13) "public financial institution" shall have the same meaning as assigned to it in clause (72) of section 2 of the companies act, 2013;(14) "regulated deposit scheme" means the schemes specified under column (3) of the first schedule;(15) "regulator" means the regulator specified in column (2) of the first schedule;(16) "schedule" means the schedules appended to this act;5(17) "unregulated deposit scheme" means a scheme or an arrangement underwhich deposits are accepted or solicited by any deposit taker by way of business and which is not a regulated deposit scheme chapter ii banning of unregulated deposit schemes3 on and from the date of commencement of this act,—10(a) the unregulated deposit schemes shall be banned; andbanning of unregulated depositschemes(b) no deposit taker shall, directly or indirectly, promote, operate, issue anyadvertisement soliciting participation or enrolment in or accept deposits in pursuance of an unregulated deposit scheme154 no deposit taker, while accepting deposits pursuant to a regulated depositscheme, shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such depositfraudulent default in regulated deposit schemes205 no person shall knowingly make any statement, promise or forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any unregulated deposit schemewrongful inducement in relation to unregulated deposit schemes43 of 19786 a prize chit or a money circulation scheme banned under the provisions of theprize chits and money circulation scheme (banning) act, 1978 shall be deemed to be an unregulated deposit scheme under this actcertain scheme to be unregulated deposit scheme chapter iii25 authoritiescompetent authority7 (1) the appropriate government shall, by notification, appoint one or more officers not below the rank of secretary to that government, as the competent authority for the purposes of this act30(2) the appropriate government may, by notification, appoint such other officer or officers as it thinks fit, to assist the competent authority in discharging its functions under this act35(3) where the competent authority or officers appointed under sub-section (2), for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of such information and particulars as may be prescribed, that any deposit taker is soliciting deposits in contravention of section 3, he may, by order in writing, provisionally attach the deposits held by the deposit taker and the money or other property acquired either in the name of the deposit taker or in the name of any other person on behalf of the deposit taker from the date of the order, in such manner as may be prescribed405 of 1908(4) the competent authority shall, for the purposes of sub-section (3), have thesame powers as vested in a civil court under the code of civil procedure, 1908 while conducting investigation or inquiry in respect of the following matters, namely:—(a) discovery and inspection;45(b) enforcing the attendance of any person, including any officer of a reportingentity and examining him on oath;(c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed5(5) the competent authority shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this section10(6) all the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required45 of 1860(7) every proceeding under sub-sections (4) and (5) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code15(8) subject to any rules made in this behalf by the central government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this act:provided that the officers referred to in sub-section (2) shall not—(a) impound any records without recording his reasons for so doing; or20(b) retain in his custody any such records for a period exceeding three months,without obtaining the previous approval of the competent authoritydesignated court258 (1) the appropriate government shall, with the concurrence of the chief justiceof the concerned high court, by notification, constitute one or more courts known as the designated courts for such area or areas or such case or cases as may be specified in such notification, which shall be presided over by a judge not below the rank of a district and sessions judge or additional district and sessions judge(2) no court other than the designated court shall have jurisdiction in respect of any matter to which the provisions of this act apply30 2 of 1974(3) when trying an offence under this act, the designated court may also try an offence, other than an offence under this act, with which the accused may, under the code of criminal procedure, 1973, be charged at the same trial chapter iv information on deposit takerscentral database359 (1) the central government may designate an authority which shall create,maintain and operate an online database for information on deposit takers operating in india(2) the authority designated under sub-section (1) may require any regulator orthe competent authority to share such information on deposit takers, as may be prescribed40intimation of business by deposit taker10 (1) every deposit taker which commences or carries on its business as such onor after the commencement of this act shall intimate the authority referred to in sub-section (1) of section 9 about its business in such form and manner and within suchtime, as may be prescribed45(2) the competent authority may, if it has reason to believe that the deposits arebeing solicited or accepted pursuant to an unregulated deposit scheme, direct anydeposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit takerexplanation— for the removal of doubts, it is hereby clarified that—5(a) the requirement of intimation under sub-section (1) is applicable to deposittakers accepting or soliciting deposits as defined in clause (4) of section 2; and18 of 2013(b) the requirement of intimation under sub-section (1) applies to a company, ifthe company accepts the deposits under chapter v of the companies act, 2013information to be shared1011 (1) the competent authority shall share all information received under section 29with the central bureau of investigation and with the authority which may be designated by the central government under section 915(2) the appropriate government, any regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this act by the police or the central bureau of investigation, shall share all such information or documents with the police or the central bureau of investigation20(3) where the principal officer of any banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this act, he shall forthwith inform the same to the competent authority chapter v restitution to depositorspriority of depositors' claim54 of 2002 31 of 20162512 save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate government or the local authorityprecedence of attachment54 of 2002 31 of 20163013 (1) save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, an order of provisional attachment passed by the competent authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate government or the local authority35(2) where an order of provisional attachment has been passed by the competentauthority—(a) such attachment shall continue until an order is passed under sub-section (3)or sub-section (5) of section 15 by the designated court;40(b) all the attached money or property of the deposit taker and the personsmentioned therein shall vest in the competent authority and shall remain so vested till further order of the designated court(3) the competent authority shall open an account in a scheduled bank for the purpose of crediting and dealing with the money realised under this act, which shall not be utilised except under the instructions of the designated court45(4) the competent authority shall not dispose of or alienate the property or moneyattached, except in accordance with the order of the designated court under sub-section (3)or sub-section (5) of section 15(5) notwithstanding anything contained in sub-section (4), the competent authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other property5application for confirmation of attachment and sale of property1014 (1) the competent authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the designated court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private sale(2) in case where the money or property has been attached on the permission granted by a designated court in another state or union territory, the application for confirmation of such attachment shall be filed in that court1515 (1) upon receipt of an application under section 14, the designated court shall issue notice to—(a) the deposit taker; andconfirmation of attachment by designated court(b) any person whose property is attached under section 14,20to show cause, within a period of thirty days from the date of issue of notice, as to why the order of attachment should not be made absolute and the properties so attached be sold(2) the designated court shall also issue notice to all other persons represented to it as having or being likely to claim any interest or title in the property, to appear on the same date as persons referred to in sub-section (1) to raise objections, if they so desire, to the attachment of the property25(3) the designated court shall, after adopting such procedure as may be prescribed, pass an order—(a) making the provisional order of attachment absolute; or(b) varying it by releasing a portion of the property from attachment; or(c) cancelling the provisional order of attachment,30and in case of an order under clause (a) or clause (b), direct the competent authority to sell the property so attached by public auction or, if necessary, by private sale and realise the sale proceeds(4) the designated court shall not, in varying or cancelling the provisional order of attachment, release any property from attachment, unless it is satisfied that—35(a) the deposit taker or the person referred to in sub-section (1) has interest insuch property; and(b) there shall remain an amount or property sufficient for repayment to the depositors of such deposit taker40(5) the designated court shall pass such order or issue such direction as may be necessary for the equitable distribution among the depositors of the money attached or realised out of the sale(6) the designated court shall endeavor to complete the proceedings under this section within a period of one hundred and eighty days from the date of receipt of the application referred to in sub-section (1)45attachment of property of malafide transferees16 (1) where the designated court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached5(2) where the said transferee does not appear and show cause on the specified date or where the designated court is satisfied that the transfer of the property to the said transferee was not a bonafide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferred10payment in lieu of attachment17 (1) any deposit taker or a person referred to in sub-section (1) of section 15, or transferee referred to in section 16 whose property is about to be attached or has been provisionally attached under this act, may, at any time before the confirmation of attachment, apply to the designated court for permission to deposit the fair value of the property in lieu of attachment15(2) while allowing the deposit taker or person or transferee referred to in sub-section (1) to make the deposit under sub-section (1), the designated court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicable18 (1) the designated court shall exercise the following powers, namely:—powers of designated court20(a) power to approve the statement of dues of the deposit taker due from various debtors;(b) power to assess the value of the assets of the deposit taker and finalise thelist of the depositors and their respective dues;25(c) power to direct the competent authority to take possession of any assetsbelonging to or in the control of the deposit taker and to sell, transfer or realise the attached assets, either by public auction or by private sale as it deems fit depending upon the nature of assets and credit the sale proceeds thereof to its bank account;(d) power to approve the necessary expenditure to be incurred by the competent authority for taking possession and realisation of the assets of the deposit taker;30(e) power to pass an order for full payment to the depositors by the competentauthority or an order for proportionate payment to the depositors in the event, the money so realised is not sufficient to meet the entire deposit liability;35(f) power to direct any person, who has made profit or averted loss by indulgingin any transaction or activity in contravention of the provisions of this act, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention; and(g) power to pass any other order which the designated court deems fit forrealisation of assets of the deposit taker and for repayment of the same to the depositors of such deposit taker or on any other matter or issue incidental thereto40(2) on the application of any person interested in any property attached andvested in the competent authority under this act and after giving such competent authority an opportunity of being heard, make such order as the designated court considers just and reasonable for—45(a) providing from such of the property attached and vested in the competentauthority as the applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicant where criminal proceedings have been initiated against him in the designated court under this act; or(b) safeguarding, so far as may be practicable, the interest of any business affected by the attachment5explanation—for the purposes of this section, the expression "deposit taker"includes the directors, promoters, managers or members of said establishment or any other person whose property or assets have been attached under this actappeal to high court19 any person including the competent authority, if aggrieved by any final orderof the designated court under this chapter, may appeal to the high court, within a period of sixty days from the date of such order:10provided that the high court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in timeexplanation— the expression "high court" means the high court of a state or union territory where the designated court is situated15power of supreme court to transfer cases20 (1) whenever it is made to appear to the supreme court that there is a defaultin any deposit scheme or deposit schemes of the nature referred to in section 30, the supreme court may, by an order, direct that any particular case be transferred from one designated court to another designated court20(2) the supreme court may act under this section only on an application filed by the competent authority or any interested party, and every such application shall be supported by an affidavit25(3) where an application for the exercise of the powers conferred by this section is dismissed, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the case chapter vi offences and punishments30punishment for contravention of section 321 (1) any deposit taker who solicits deposits in contravention of section 3 shallbe punishable with imprisonment for a term which shall not be less than one year butwhich may extend to five years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees35(2) any deposit taker who accepts deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees40(3) any deposit taker who accepts deposits in contravention of section 3 and fraudulently defaults in repayment of such deposits or in rendering any specified service, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five lakh rupees but which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in the unregulated deposit schemeexplanation— for the purposes of this act,—45 of 1860(i) the expression "fraudulently" shall have the same meaning as assigned to it in section 25 of the indian penal code;45(ii) where the terms of the deposit scheme are entirely impracticable or unviable, the terms shall be relevant facts showing an intention to defraudpunishment for contravention of section 4522 any deposit taker who contravenes the provisions of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of the fraudulent default referred to in said section, whichever is higher, or with both23 any person who contravenes the provisions of section 5 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which may extend to ten lakh rupeespunishment for contravention of section 510punishment for repeat offenders24 whoever having been previously convicted of an offence punishable under this chapter, except the offence under section 26, is subsequently convicted of an offence shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and with fine which shall not be less than ten lakh rupees but which may extend to fifty crore rupees15offences by deposit takers other than individuals25 (1) where an offence under this act has been committed by a deposit taker other than an individual, every person who, at the time the offence was committed, was in charge of, and was responsible to, the deposit taker for the conduct of its business, as well as the deposit taker, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly20(2) nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence25(3) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a deposit taker other than an individual, and it is proved that the offence—(a) has been committed with the consent or connivance; or (b) is attributable to any neglect on the part of any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker,30such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglypunishment for contravention of section 1026 whoever fails to give the intimation required under sub-section (1) ofsection 10 or fails to furnish any such statements, information or particulars as required under sub-section (2) of that section, shall be punishable with fine which may extend tofive lakh rupees35cognizance of offences27 notwithstanding anything contained in section 4, no designated court shalltake cognizance of an offence punishable under that section except upon a complaint made by the regulator:provided that the provisions of section 4 and this section shall not apply in relationto a deposit taker which is a company 40 chapter vii investigation, search and seizure2 of 1974offences to be cognizable and non-bailable28 notwithstanding anything contained in the code of criminal procedure, 1973every offence punishable under this act, except the offence under section 22 and section 26, shall be cognizable and non-bailable4529 the police officer shall, on recording information about the commission of anoffence under this act, inform the same to the competent authoritycompetent authority to be informed of offences30 (1) on receipt of information under section 29 or otherwise, if the competent authority has reason to believe that the offence relates to a deposit scheme or deposit schemes in which—investigation of offences by central bureau of investigation5(a) the depositors, deposit takers or properties involved are located in morethan one state or union territory in india or outside india; and(b) the total value of the amount involved is of such magnitude as to significantlyaffect the public interest,the competent authority shall refer the matter to the central government for investigation by the central bureau of investigation1025 of 1946(2) the reference made by the competent authority under sub-section (1) shall be deemed to be with the consent of the state government under section 6 of the delhi special police establishment act, 19461525 of 1946(3) on the receipt of the reference under sub-section (1), the central government may transfer the investigation of the offence to the central bureau of investigation under section 5 of the delhi special police establishment act, 1946power to enter, search and seize without warrant2031 (1) whenever any police officer, not below the rank of an officer-in-charge of a police station, has reason to believe that anything necessary for the purpose of an investigation into any offence under this act may be found in any place within the limits of the police station of which he is in-charge, or to which he is attached, such officer may, with the written authorisation of an officer not below the rank of superintendent of police, and after recording in writing so far as possible, the thing for which the search is to be made and subject to the rules made in this behalf, authorise any officer sub-ordinate to him,—25(a) to enter and search any building, conveyance or place, between sunrise and sunset, which he has reason to suspect is being used for purposes connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this act;30(b) in case of resistance, to break open any door and remove any obstacle to such entry, if necessary by force, with such assistance as he considers necessary, for exercising the powers conferred by clause (a);(c) to seize any record or property found as a result of the search in the said building, conveyance or place, which are intended to be used, or reasonably suspected to have been used, in connection with any such deposit-taking scheme or arrangement in contravention of the provisions of this act; and35(d) to detain and search, and if he thinks proper, take into custody and produce before any designated court any such person whom he has reason to believe to have committed any offence punishable under this act:40provided that if such officer has reason to believe that the said written authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may, without the said written authorisation, enter and search such building, conveyance or place, at any time between sunset and sunrise after recording the grounds in writing45 50(2) where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to freeze such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this act and it shall be binding on the concerned bank or financial or market establishment to comply with the said order:provided that no bank or financial or market establishment shall freeze such account, deposit or valuable securities, for a period beyond thirty days unless the same is authorised by the order of the designated court:5provided further that, if at any time, it becomes practicable to seize the frozenproperty, the officer authorised under sub-section (1) may seize such propertyexplanation—for the purposes of this section, the expressions,—(i) "freezing of account" shall mean that no transaction, whether deposit or withdrawal shall be allowed in the said account; and10(ii) "freezing of property" shall mean that no transfer, conversion, dispositionor movement of property shall be allowed15(3) where an officer takes down any information in writing or records grounds for his belief or makes an order in writing under sub-section (1) or sub-section (2), he shall, within a time of seventy-two hours send a copy thereof to the designated court in a sealed envelope and the owner or occupier of the building, conveyance or place shall, on application, be furnished, free of cost, with a copy of the same by the designated court2 of 1974(4) all searches, seizures and arrests under this section shall be made in accordancewith the provisions of the code of criminal procedure, 19732032 (1) the designated court may take cognizance of offences under this act without the accused being committed to it for trial2 of 1974(2) save as otherwise provided in section 31, the provisions of the code of criminal procedure, 1973 shall apply—(a) to all arrests, searches and seizures made under this act;application of code of criminal procedure, 1973 to proceedings before designated court25(b) to the proceedings under this act and for the purposes of the said provisions,the designated court shall be deemed to be a court of session and the persons conducting the prosecution before the designated court, shall be deemed to be public prosecutors chapter viii miscellaneous30publication of advertisement of unregulated deposit scheme3533 where any newspaper or other publication of any nature, contains anystatement, information or advertisement promoting, soliciting deposits for, or inducing any person to become a member of any unregulated deposit scheme, the appropriate government may direct such newspaper or publication to publish a full and fair retraction, free of cost, in the same manner and in the same position in such newspaper or publication as may be prescribedact to have overriding effect34 save as otherwise expressly provided in this act, the provisions of this actshall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any state or union territory4035 the provisions of this act shall be in addition to, and not in derogation of, theprovisions of any other law for the time being in forceapplication of other laws not barred protection of action taken in good faith36 no suit, prosecution or other legal proceedings shall lie against the appropriategovernment or the competent authority or any officer of the appropriate government for anything which is in good faith done or intended to be done under this act or the rules made thereunder4537 (1) the central government may, by notification, make rules for carrying outthe provisions of this actpower of central government to make rules(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 information and other particulars to be taken into consideration beforeissuing an order, and the manner of attachment, under sub-section (3) of section 7;5(b) information to be shared under sub-section (2) of section 9;(c) the form and manner in which and the time within which the intimation shallbe given under sub-section (1) of section 10;(d) the particulars contained in the application to be filed by the competent authority before the designated court under sub-section (1) of section 14;10(e) the procedure to be adopted by the designated court before issuing anorder under sub-section (3) of section 15;(f) rules under sub-section (1) of section 31;(g) the manner of publication of advertisement under section 33; and15(h) any other matter which is required to be, or may be, prescribed, or in respectof which provision is to be made by rules38 (1) the state government or union territory government, as the case may be, in consultation with the central government, by notification, make rules for carrying out the provisions of this actpower of state government, etc to make rules20(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) ceiling for self-help groups under clause (j) of sub-section (4) of section 2; (b) purpose and ceiling under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the competent authorityunder sub-section (3) of section 7;25(d) other matters under clause (f) of sub-section (4) of section 7; (e) the rules relating to impounding and custody of records under sub-section (8)of section 7; and(f) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be made by rules30laying of rules3539 (1) every rule made by the central government under this act shall be laid, assoon 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 rule40(2) every rule made by a state government or the union territory government, asthe case may be, shall be laid, as soon as may be after it is made, before each house of thestate legislature or the union territory legislature, as the case may be, where it consists of two houses, or where such legislature consists of one house, before that housepower to remove difficulties4540 (1) if any difficulty arises in giving effect to the provisions of this act, thecentral 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 such order shall be made under this section after the expiry ofthree years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentpower to amend first schedule541 (1) the central government may, having regard to the objects of this act, andif it considers necessary or expedient so to do, by notification, add to, or as the case may be, omit from the first schedule, any scheme or arrangement, and on such addition, or omission, such scheme or arrangement shall become, or cease to be, a regulated deposit scheme, as the case may be(2) a copy of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each house of parliament1042 the enactments specified in the second schedule shall be amended in themanner specified thereinamendment to certain enactments the first schedule[(see section 2 (15)] regulated deposit schemes(1) the regulator and regulated deposit scheme refers to the regulators and schemes and arrangements listed in the following table, namely:—tablesl noregulatorregulated deposit scheme(1)(2)(3)1securities and(i) any scheme or an arrangement [as defined underexchange boardsection 11aa of the securities and exchange board ofof indiaindia act, 1992 (15 of 1992)] launched, sponsored orcarried out by a collective investment management company registered with the securities and exchange board of india under the securities and exchange board of india (collective investment scheme) regulations, 1999 (ii) any scheme or an arrangement registered with the securities and exchange board of india under the securities and exchange board of india (alternative investment funds) regulations, 2012 (iii) any scheme or an arrangement, pursuant to which funds are managed by a portfolio manager, registered under the securities and exchange board of india (portfolio managers) regulations, 1993 (iv) any scheme or an arrangement regulated under the securities and exchange board of india (share basedemployee benefits) regulations, 2014 or providing for employee benefits as permitted under the companies act, 2013 (18 of 2013) (v) any other scheme or an arrangement registered under the securities and exchange board of india act,1992 (15 of 1992), or the regulations made thereunder (vi) any amount received as contributions in the nature of subscriptions to a mutual fund registered with securities and exchange board of india under the securities and exchange board of india (mutual funds) regulations, 19962reserve bank of(i) any scheme under which deposits are accepted byindianon-banking financial companies as defined in clause(f) of section 45-i of the reserve bank of india act, 1934 (2 of 1934) and registered with the reserve bank of india; or any other scheme or an arrangement registered underthe reserve bank of india act, 1934| (1) | (2) | (3) ||----------------------------------------------------------|--------------------------------------------------------------|-------------------------------------------------------|| (ii) any scheme or an arrangement under which funds | | || are accepted by individuals or entities engaged as | | || business correspondents and facilitators by banks | | || subject to the guidelines and circulars issued by the | | || reserve bank of india from time to time | | || (iii) any scheme or an arrangement under which funds | | || are received by a system provider operating as an | | || authorised payment system under the payment and | | || settlement systems act, 2007 (51 of 2007) | | || (iv) any other scheme or an arrangement regulated under | | || the reserve bank of india act, 1934 (2 of 1934), or the | | || guidelines or circulars of the reserve bank of india | | || 3 | the insurance | a contract of insurance pursuant to a certificate of || regulatory and | registration obtained in accordance with the insurance | || development | act, 1938 (4 of 1938) | || authority of india | | || 4 | state government or | (i) any scheme or an arrangement made or offered by a || union territory | co-operative society registered under the co-operative | || government | societies act, 1912 (2 of 1912) or a society being a society | || registered or deemed to be registered under any law | | || relating to co-operative societies for the time being in | | || force in any state or union territory | | || (ii) any scheme or an arrangement commenced or | | || conducted as a chit business with the previous sanction | | || of the state government in accordance with the | | || provisions of the chit funds act, 1982 (40 of 1982) | | || (iii) any scheme or an arrangement regulated by any | | || enactment relating to money lending which is for the | | || time being in force in any state or union territory | | || (iv) any scheme or an arrangement by a prize chit or | | || money circulation scheme under section 11 of the prize | | || chits and money circulation scheme (banning) act, | | || 1978 (43 of 1978) | | || 5 | national housing bank | any scheme or an arrangement for acceptance of || deposits registered under the national housing bank | | || act, 1987 (53 of 1987) | | || 6 | pension fund | any scheme or an arrangement under the pension fund || regulatory and | regulatory and development authority act, 2013 | || development authority | (23 of 2013) | || 7 | employees provident | any scheme, pension scheme or insurance scheme || fund organisation | framed under the employees' provident fund and | || miscellaneous provisions act, 1952 (19 of 1952) | | || 8 | central registrar, | any scheme or an arrangement for acceptance of || multi-state co- | deposits from voting members by a multi-state | || operative societies | co-operative society registered under the multi-state | || co-operative societies act, 2002 (39 of 2002) | | || (1) | (2) | (3) ||--------------------------------------------------------|-------------------------------------------------------|---------------------------------------------------------|| 9 | ministry of corporate | (i) deposits accepted or permitted under the provisions || affairs, government | of chapter v of the companies act, 2013 (18 of 2013) | || of india | | || (ii) any scheme or an arrangement under which deposits | | || are accepted by a company declared as a nidhi or a | | || mutual benefit society under section 406 of the | | || companies act, 2013 (18 of 2013) | | |(2) the following shall also be treated as regulated deposit schemes under this act, namely:—(a) deposits accepted under any scheme or an arrangement registered with any regulatory body in india constituted or established under a statute; and(b) any other scheme as may be notified by the central government under this act the second schedule [(see section 42)] amendment to certain enactments part i amendment to the reserve bank of india act, 1934in the reserve bank of india act, 1934, in section 45-i, in clause (bb), after explanation ii, the following explanation shall be inserted, namely:—amendmentof section 45-i of act 2 of1934"explanation iii— the amounts accepted by a co-operative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such co-operative society" part ii amendments to the securities and exchange board of india act, 1992in the securities and exchange board of india act, 1992,—amendment of section 11 of act 15 of 1992(i) in section 11, in sub-section (4), for clause (e), the following clause shall be substituted, namely:—"(e) attach, for a period not exceeding ninety days, bank accounts or other property of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder:provided that the board shall, within ninety days of the said attachment, obtain confirmation of the said attachment from the special court, established under section 26a, having jurisdiction and on such confirmation, such attachment shall continue during the pendency of the aforesaid proceedings and on conclusion of the said proceedings, the provisions of section 28a shall apply:provided further that only property, bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder shall be allowed to be attached"; (ii) in section 28a, after explanation 3, the following explanation shall be inserted, namely:—43 of 1961"explanation 4—the interest referred to in section 220 of the income-tax act, 1961 shall commence from the date the amount became payable by the person" part iii amendment to the multi-state co-operative societies act, 2002in the multi-state co-operative societies act, 2002, in section 67, in sub-section (1),—amendment of section 67 of act 39 of 2002(a) after the words "receive deposits" , the words "from its voting members"shall be inserted;(b) the following explanation shall be inserted, namely:—"explanation— for the removal of doubts, it is hereby clarified that a multi-state co-operative society shall not be entitled to receive deposits from persons other than voting members" statement of objects and reasonsnon-banking entities are allowed to raise deposits from the public under the provisions of various statutes enacted by the central government and the state governments however, the regulatory framework for deposit taking activity in the country is not seamless the regulators operate in well defined areas within the financial sector by regulating particular kinds of entities or activities for instance, non-banking financial companies are under the regulatory and supervisory jurisdiction of the reserve bank of india similarly chit funds, money circulation including multi-level marketing schemes and schemes offered by co-operative societies are under the domain of the respective state governments in the same manner, the collective investment schemes come under the purview of the securities and exchange board of india despite such diverse regulatory framework, schemes and arrangements leading to unauthorised collection of money and deposits fraudulently, by inducing public to invest in uncertain schemes promising high returns or other benefits, are still operating in the society2 the central legislations such as the prize chits and money circulation schemes(banning) act, 1978 and the chit funds act, 1982 and the legislations enacted by the state governments have not been able to completely address the issue of unregulated deposit schemes run by unscrupulous elements this regulatory gap was highlighted in the twentyfirst report of the parliamentary related standing committee on finance (sixteenth lok sabha) titled as "efficacy of regulation of collective investment schemes, chit funds, etc" the said committee in its report has recommended the requirement of "appropriate legislative provisions, coupled with effective administrative and enforcement measures in order to protect the hard-earned savings and investments made by millions of people" presently, there are considerable differences among state laws in protecting the interests of depositors, and many unregulated deposit taking schemes operate across state boundaries3 in view of the above, it becomes necessary to have a central legislation to ensure a comprehensive ban on unregulated deposit taking activity and for its effective enforcement the proposed bill, namely, the banning of unregulated deposit schemes bill, 2018, aims to prevent such unregulated deposit schemes or arrangements at their inception and at the same time makes soliciting, inviting or accepting deposits pursuant to an unregulated deposit scheme as a punishable offence the bill seeks to put in place a mechanism by which the depositors can be repaid without delay by attaching the assets of the defaulting establishments4 the banning of unregulated deposit schemes bill, 2018, inter alia, provides for the following, namely:—(i) to make a provision for banning of unregulated deposit schemes; (ii) to impose an obligation on the deposit taker, pursuant to a regulated depositscheme, not to commit any fraudulent default in the repayment or return of the deposit;(iii) to provide for deterrent punishment for promoting or operating anunregulated deposit taking scheme;(iv) to provide for punishment for fraudulent default in repayment to depositors;(v) designation of a competent authority by the state government to ensure repayment of deposits in the event of default by a deposit taking establishment;(vi) to constitute the designated courts for such area or areas or such case or cases as per the provisions of the proposed bill;(vii) to empower the central government to designate an authority which shall create, maintain and operate an online data base for information on deposit takers operating in india; and(viii) to confer powers and functions upon the competent authority including the power to attach assets of a defaulting establishment 5 the notes on clauses explain in detail the provisions contained in the bill 6 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 7th march, 2018 notes on clausesclause 1—this clause relates to short title, extent and commencement of the proposed legislationclause 2 this clause contains the definition of various expressions used in the proposed legislationclause 3—this clause relates to banning of unregulated deposit schemes this clause provides that on and from the date of commencement of this act, the unregulated deposit schemes shall be banned and no deposit taker shall, directly or indirectly, promote, operate, issue any advertisement soliciting participation or enrolment in or accept deposits in pursuance of an unregulated deposit schemeclause 4—this clause relates to fraudulent default in regulated deposit schemes this clause provides that no deposit taker, while accepting deposits pursuant to a regulated deposit scheme, shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such depositclause 5—this clause provides for the wrongful inducement in relation to unregulated deposit schemesthis clause provides that no person shall knowingly make any statement, promise or forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any unregulated deposit schemeclause 6—this clause relates to certain schemes to be unregulated deposit schemes this clause provides that a prize chit or a money circulation scheme banned under the provisions of the prize chits and money circulation scheme (banning) act, 1978 shall be deemed to be an unregulated deposit scheme under this actclause 7—this clause relates to the competent authoritysub-clause (1) of this clause provides that the appropriate government shall, by notification, appoint one or more officers not below the rank of secretary to that government, as the competent authority for the purposes of this actsub-clause (2) of this clause provides that the appropriate government may appoint other officers to assist the competent authoritysub-clause (3) of this clause provides that the competent authority has been empowered to provisionally attach the money or property of any deposit takersub-clauses (4), (5), (6), (7) and (8) of this clause provides for provisions to confer such powers on the competent authority and its officers as may be necessary to carry out the provisions of this billclause 8—this clause relates to the designated court sub-clause (1) of this clause enables the appropriate government, with concurrence of the chief justice of the respective high court, to constitute one or more designated courts for trying offences under this bill the designated court must be presided by a judge not below the rank of district and sessions judge or additional district sessions judgesub-clause (2) of this clause provides that no court other than the designated court shall have jurisdiction in respect of any matter to which the provisions of this act applysub-clause (3) of this clause provides that when trying an offence under this act, the designated court may also try an offence, other than an offence under this act, with which the accused may, under the code of criminal procedure, 1973, be charged at the same trialclause 9—this clause relates to central database sub-clause (1) of this clause provides that the central government may designate an authority which shall create, maintain and operate an online database for information on deposit takers operating in indiasub-clause (2) of this clause provides that the authority designated under sub-section (1)may require any regulator or the competent authority to share such information on deposit takers, as may be prescribed clause 10—this clause relates to intimation of business by deposit takersub-clause (1) of this clause provides that every deposit taker which commences or carries on its business as such on or after the commencement of this act shall intimate the authority referred to in sub-clause (1) of clause 9 about its business in such form and manner and within such time, as may be prescribedsub-clause (2) of this clause provides that the competent authority may, if it has reason to believe that the deposits are being solicited or accepted pursuant to an unregulated deposit scheme, direct any deposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit taker clause 11—this clause relates to the information to be sharedsub-clause (1) of this clause provides that the competent authority shall share all information received under clause 29 with the central bureau of investigation and with the authority which may be designated by the central government under clause 9sub-clause (2) of this clause provides that the appropriate government, any regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this act by the police or the central bureau of investigation, shall share all such information or documents with the police or the central bureau of investigationsub-clause (3) of this clause provides that where the principal officer of any banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this act, he shall forthwith inform the same to the competent authority clause 12—this clause relates to the priority of depositors' claimthis clause provides that save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate government or the local authority clause 13—this clause relates to precedence of attachmentsub-clause (1) of this clause provides that save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, an order of provisional attachment passed by the competent authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate government or the local authoritysub-clause (2) of this clause provides that where an order of provisional attachment has been passed by the competent authority and such attachment shall continue until an order is passed under sub-clause (3) or sub-clause (5) of clause 15 by the designated court and all the attached money or property of the deposit taker and the persons mentioned therein shall vest in the competent authority and shall remain so vested till further order of the designated courtsub-clause (3) of this clause provides that the competent authority shall open an account in a scheduled bank for the purpose of crediting and dealing with the money realised under this act, which shall not be utilised except under the instructions of the designated courtsub-clause (4) of this clause provides that the competent authority shall not dispose of or alienate the property or money attached except in accordance with the order of the designated court under sub-clause (3) or sub-clause (5) of clause 15sub-clause (5) of this clause provides that notwithstanding anything contained in sub-section (4), the competent authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other propertyclause 14—this clause relates to application for confirmation of attachment and sale of propertysub-clause (1) of this clause provides that the competent authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the designated court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private salesub-clause (2) of this clause provides that in case where the money or property has been attached on the permission granted by a designated court in another state or union territory, the application for confirmation of such attachment shall be filed in that court clause 15—this clause relates to confirmation of attachment by designated courtsub-clause (1) of this clause provides that the designated court to issue notice to the deposit taker or any other person whose property is attached under clause 14 to show cause within 30 days as to why the attachment should not be made absolutesub-clause (2) of this clause provides that this clause requires the designated court to issue notice to all other persons, in addition to the persons referred to in sub-clause (1), represented to it as having or likely to have a claim or interest in the title of the propertysub-clause (3) of this clause provides that the designated court after following the procedure prescribed can confirm, vary or cancel the attachment further, on confirming the attachment, the designated court can direct the competent authority to sell the property attachedsub-clause (4) of this clause provides that this provision prohibits the designated court from releasing from attachment any property unless it is satisfied that the deposit taker or any other person referred to in sub-clause (1) has interest in such property and there will remain under attachment an amount or property sufficient for repaymentsub-clause (5) of this clause provides that this clause requires the designated court to pass any order necessary for equitable distribution among the depositors of the money attached or realised out of the salesub-clause (6) of this clause provides that this clause sets a timeline of 180 days, from the date of receipt of application under sub-clause (1), for completion of proceedingsclause 16—this clause relates to attachment of property of malafide transfereessub-clause (1) of this clause provides that where the designated court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attachedsub-clause (2) of this clause provides that where the said transferee does not appear and show cause on the specified date or where the designated court is satisfied that the transfer of the property to the said transferee was not a bonafide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferredclause 17—this clause relates to the payment in lieu of attachment sub-clause (1) of this clause provides that any deposit taker or a person referred to in sub-clause (1) of clause 15, or transferee referred to in clause 16 whose property is about to be attached or has been provisionally attached under this act, may, at any time before the confirmation of attachment, apply to the designated court for permission to deposit the fair value of the property in lieu of attachmentsub-clause (2) of this clause provides that while allowing the deposit taker or person or transferee referred to in sub-clause (1) to make the deposit under the said sub-clause, the designated court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicableclause 18—this clause relates to the powers of designated court sub-clause (1) of this clause lays down all the steps that the designated court is empowered to take to ensure that the interest of depositors is adequately protectedsub-clause (2) of this clause empowers the designated court to make orders for the provision of essential sums from the attached property to the deposit taker and to safeguard as far as practicable any business affected by such attachmentclause 19—this clause relates to the appeal to high courtthis clause provides the time period within which an appeal may be filed against an order of the designated court any person, including the competent authority may appeal to the high court against an order of the designated court, within 60 days of such orderclause 20—this clause relates to the power of supreme court to transfer cases sub-clause (1) of this clause empowers the supreme court to direct that a particular case be transferred from one designated court to another in the event of default in any deposit scheme or deposit schemes of the nature referred to in clause 30sub-clause (2) of this clause provides that the supreme court is empowered to act under sub-clause (1) only on the basis of an application filed by the competent authority or an interested partysub-clause (3) of this clause provides that where an application for the exercise of the powers conferred by this section is dismissed, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the caseclause 21—this clause relates to the punishment for contravention of clause 3 sub-clause (1) of this clause provides that for soliciting deposits in contravention of clause 3, a deposit taker is punishable with imprisonment for a minimum term of one year which may extend to five years, and with fine which shall not be less than two lakh rupees and may extend to ten lakh rupeessub-clause (2) of this clause provides that for accepting deposits in contravention of clause 3, a deposit taker is punishable with imprisonment for a minimum term of two years which may extend to seven years, and with fine which shall not be less than three lakh rupees and may extend to ten lakh rupeessub-clause (3) of this clause provides that for accepting deposits in contravention of clause 3 and committing fraudulent default in repayment, a deposit taker is punishable with imprisonment for a minimum term of three years which may extend to ten years and a fine which shall not be less than five lakh rupees which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in such schemes or arrangementsclause 22—this clause relates to the punishment for contravention of clause 4 the punishment prescribed for contravention of clause 4 is imprisonment which may extend to seven years or a fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of such fraudulent default, whichever is higher, or with bothclause 23—this clause relates to the punishment for contravention of clause 5 the punishment prescribed for contravention of clause 10 is imprisonment for a minimum term of one year which may extend to five years and with fine which may extend to ten lakh rupeesclause 24—this clause relates to the punishment for repeat offenders this clause provides for a higher and more stringent punishment for repeat offenders who commit an offence after having previously been convicted for an offence under this legislation, except for an offence under clause 26 a repeat offender, under this clause, shall be punishable with imprisonment for a minimum term of five years which may extend to ten years and a fine which shall not be less than ten lakh rupees and which may extend to fifty crore rupees clause 25—this clause relates to offences by deposit takers other than individualssub-clause (1) of this clause provides for imposition of liability in case an offence under the act has been committed by an entity other than an individual this sub-clause imposes liability on every person who is "in charge of, and was responsible to, the deposit taker for the conduct of the business of the company"sub-clause (2) of this clause provides that nothing contained in sub-clause (1) shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offencesub-clause (3) of this clause provides for holding liable any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker when it is proved that an offence has been committed with the consent or connivance of, or is attributable to an any neglect on the part of such person clause 26—this clause relates to punishment for contravention of clause 10this clause provides that whoever fails to give the intimation required under sub-clause (1) of clause 10 or fails to furnish any such statements, information or particulars as required under sub-clause (2) of that clause, shall be punishable with fine which may extend to five lakh rupeesclause 27—this clause relates to cognizance of offencesthis clause provides that notwithstanding anything contained in clause 4, no designated court shall take cognizance of an offence punishable under that section except upon a complaint made by the regulator, provided that the provisions of clause 4 and this section shall not apply in relation to a deposit taker which is a companyclause 28—this clause relates to offences to be cognizable and non-bailable this clause provides that notwithstanding anything contained in the code of criminal procedure, 1973 every offence punishable under this act, except the offence under clause 22 and clause 26, shall be cognizable and non-bailableclause 29—this clause relates to competent authority to be informed of offences this clause provides that the police officer shall, on recording information about the commission of an offence under this act, inform the same to the competent authorityclause 30—this clause relates to investigation of offences by central bureau of investigationsub-clause (1) of this clause provides that the competent authority has the power to refer a case for investigation by the central bureau of investigation if the two conditions prescribed in sub-clauses (a) and (b) are metsub-clause (2) of this clause provides that the reference under sub-clause (1) is deemed to be with the consent of the state government under clause 6 of the delhi special police establishment act, 1946sub-clause (3) of this clause provides that on the receipt of the reference under sub-clause (1), the central government may transfer the investigation of the offence to the central bureau of investigation under clause 5 of the delhi special police establishment act, 1946 clause 31—this clause relates to power to enter, search and seize without warrantsub-clause (1) of this clause empowers a police officer, not below the rank of an officer-in-charge of a police station, and with the written authorisation of an officer not below the rank of superintendent of police, to enter and search any building, conveyance or place, in accordance with the procedure mentioned in the said sub-clausesub-clause (2) of this clause provides for freezing such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this actsub-clause (3) of this clause provides for situations where an officer takes down any information or makes any order in writing under any of the preceding sub-clauses the officer is mandated to send a copy of the information taken down or the order made to the designated court within seventy-two hours in a sealed envelope the owner or occupier of the place shall be furnished a copy of such information or order, free of cost, upon an application made by them in this regardsub-clause (4) of this clause clarifies that the provisions of the code of criminal procedure, 1973 shall apply to any search, seizure or arrest made under this sectionclause 32—this clause relates to application of the code of criminal procedure,1973 to proceedings before designated courtsub-clause (1) of this clause provides that the designated court may take cognizance of offences under this act even without the accused being committed for trial the intended effect of this sub-clause is to ensure speedy and expeditious disposal of cases under the actsub-clause (2) of this clause clarifies that the provisions of the code of criminal procedure, 1973 shall apply to all arrests, searches and seizures and to all the proceedings under this bill, and that the designated court shall be deemed to be a court of session and a person conducting prosecution before such court would be a public prosecutorclause 33—this clause relates to publication of advertisement of unregulated deposit schemethis clause provides that any newspaper or publication containing material or advertisement relating to an unregulated deposit scheme may be directed by the state government to publish a full and fair retraction of the material or advertisement free of cost it also provides that the retraction should be published in the same manner and in the same position as the alleged material or advertisement on unregulated deposit schemeclause 34—this clause relates to this act to have overriding effect this clause provides that save as otherwise expressly provided in this act, the provisions of this act shall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any state or union territoryclause 35—this clause relates to application of other laws not barredthis clause provides that the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in forceclause 36—this clause relates to protection of action taken in good faiththis clause provides that no suit, prosecution or other legal proceedings shall lie against the appropriate government or the competent authority or any officer of the appropriate government for anything which is in good faith done or intended to be done under this act or the rules made thereunderclause 37—this clause relates to power of central government to make rulesthis clause empowers the central government to make rules for carrying out the provisions of the proposed legislationclause 38—this clause relates to power of state government, etc to make rulesthis clause empowers the respective state governments to make rules for carrying out the provisions of the proposed legislationclause 39—this clause relates to laying of rulesthis clause provides for laying of the rules by the central government and state governments in the respective legislatureclause 40—this clause relates to power to remove difficultiesthis clause empowers the central government to make such provisions and issue clarifications as may be required for the proper and effective functioning of the bill this is a time-bound provision and the central government cannot take such measures for removal of difficulties after the expiry of three years from the commencement of this billclause 41—this clause relates to power to amend first schedule this clause allows the central government to add or omit from first schedule any scheme or arrangement by notificationclause 42—this clause relates to amendment to certain enactmentsthis clause provides that the enactments listed in the second schedule will stand amended in the manner prescribed in the schedule financial memorandumthe bill has no financial implications and does not involve any expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 37 of the bill empowers the central government to make rules for carrying out the provisions of the act the matters in respect of which the rules may be made, inter alia, include (a) the information and other particulars to be taken into consideration before issuing an order, and the manner of attachment, under sub-section (3) of section 7; (b) information to be shared under sub-section (2) of section 9; (c) the form and manner in which and the time within which the intimation shall be given under sub-section (1) of section 10; (d) the particulars contained in the application to be filed by the competent authority before the designated court under sub-section (1) of section 14; (e) the procedure to be adopted by the designated court before issuing an order under sub-section (3) of section 15; and (f) the manner of publication of advertisement under section 33clause 38 of the bill empowers the state government to make rules, in consultation with the central government, for carrying out the provisions of the act the matters in respect of which the rules may be made, inter alia, include (a) the ceiling for self-help groups under clause (j) of sub-section (4) of section 2; (b) ceiling and purpose of collection of other amounts which will not be classified as deposits for the purposes of this legislation, under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the competent authority under sub-section (3) of section 7; (d) powers of the competent authority under clause (f) of sub-section (4) of section 7; and (e) rules relating to impounding and custody of records under sub-section (8) of section 7clause 41 empowers the central government to add or omit schemes or arrangement to or from the list of regulated deposit schemes specified in the first schedule of the proposed legislationthe matters in respect of which rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the securities and exchange board of india act, 1992 (15 of 1992) chapter iv powers and functions of the board11 (1) functions of board(4) without prejudice to the provisions contained in sub-sections (1), (2), (2a) and (3)and section 11b, the board may, by an order, for reasons to be recorded in writing, in the interests of investors or securities market, take any of the following measures, either pending investigation or inquiry or on completion of such investigation or inquiry, namely:— (e) attach, after passing of an order on an application made for approval by the judicial magistrate of the first class having jurisdiction, for a period not exceeding one month, one or more bank account or accounts of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder:provided that only the bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder shall be allowed to be attached; recovery of amounts28a (1) if a person fails to pay the penalty imposed by the adjudicating officer or fails to comply with any direction of the board for refund of monies or fails to comply with a direction of disgorgement order issued under section 11b or fails to pay any fees due to the board, the recovery officer may draw up under his signature a statement in the specified form specifying the amount due from the person (such statement being hereafter in this chapter referred to as certificate) and shall proceed to recover from such person the amount specified in the certificate by one or more of the following modes, namely:— 43 of 1961explanation 3—any reference to appeal in chapter xviid and the second schedule to the income-tax act, 1961, shall be construed as a reference to appeal before the securities appellate tribunal under section 15t of this act —————extract from the multi-state co-operative societies act, 2002 (39 of 2002) restrictions on borrowing67 (1) a multi-state co-operative society may receive deposits, raise loans and receive grants from external sources to such extent and under such conditions as may be specified in the bye-laws:provided that the total amount of deposits and loans received during any financial year shall not exceed ten times of the sum of subscribed share capital and accumulated reserves:provided further that while calculating the total sum of subscribed share capital and accumulated reserves, the accumulated losses shall be deducted ————— a billto provide for a comprehensive mechanism to ban the unregulated deposit schemes and to protect the interest of depositors and for matters connected therewith or incidental thereto—————(shri arun jaitley, minister of finance and corporate affairs)mgipmrnd—4532ls(s3)—08032018

Parliament_bills

df14ab0d-7a92-5b18-a00d-959265bb957c

biu no!7 01 i_ tile union duties of excise (distrmution) amendment bill, 1969 a billfurther to amend the union duties of ezcibe (distribution) act, 1962 be it enacted by parliament in the twentieth year of the republic of india as follows:-1 this act may be called the union duties of excise (distribution) short title amendment act, 1969 3 of 1982 amendment of lon, title s 2 in the long title of the uniod duties of excise (distribution) act, 1962 (hereinafter referred to as tile principal act), for the words, figures 48lld letters "dated the 12th day of august, 1985", the words, figures and letters icdated the 31st day of july, 1969" shall be substituted 3 for section 2 of the principal act, the followma on allall be subati-10 substituted, namely: _ tution of new section tormction i definition 1 of 1944 ,'2'1 of 1958 is '2 in this act, the expression "distributable union duties of excise" means twenty per cent of the net proceeds ot the duties of excise levied and collected under the central excises and salt act, 1944, and of the duties of excise levied and collected under the mineral products (additional duties of excise and customs) act, 1958, and includes, in respect of the financial yearl 1972-73 and 1973-74, twenty per cent of the special duties qf excim lwied and c:oueeted under the finance acts of the respeq~v~ real1: 4 for section 3 of the principal act and the proviloll thereto, the following section shall be substituted, namely:-subltitution of new sectionfor section s, "3 during each financial year commencing on and after the lit day of april, 1969, there shall be paid out of the consofidated fund at india to each of the states specified in column 1 of the table below s such percrptage of the distributable union duties of excise as is let out against it in column 2:-distribution of a pari of union duueaof exclle amollithe state, table ------------i state 2 perceotap andhra pndcsh assam bihar gujarat haryana jammu and kashmir keraia madhya pradesh maharashtra mysore nagalluld orissa punjab ;ra~ tamil nadu uttar pradesh westbenpl 1'is 2'si 13·81 4'17 1'49 112 4'28 8'48 1'93 4"65 0"08 4'72 2'11 "28 6'50 18'82 6'84·", ------------~-- ------------- statement of objects ant') reasonsat present 20 per cent of the net proceeds of the union duties of ex" cise on all commodities which are subject to such duties under the central excises and salt act, 1944 and the mineral products (additional duties of excise and customs) act, 1958 are distributed qiilo!1g the states the fifth finance commission has also recommended that 20 per cent of the net proceeds of union duties of excise on all articles levied ill1d collected in each of the years 1969-70, 1970-71 and 1971-72 excluding special excises, regulatory duties and duties and cesses levied under special acts and earmarked for speciel purposes should be distributed among the states in accordance with the percentages recommended by them it has further recommended that during the years 1972-73 and 1973-74, besides 20 per cent of the net proceeds of union duties of excise levied and collected in those years (other than special excises, regulatory duties and earmarked duties and cesses), the net proceeds of special duties of excise levied under the finance acts of those years should also be distributed among the states the bill is intended to give eftect to these recommendations new delhi; pcsethi the 14th october 1969 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no f 2 (3)-fcci69, dated the 4~h nove~b~r, 1969 from shrt prakashchand b sethi, minister of state 10 the ministry of finance to the secretary, lok sabha] the president having been informed of the subjec~ mat~er of the proposed bill to further amend the union duti~s ~f e~clse (dlstnbutlon) act, 1962, in pursuance of the principles of dlstrlbutlon fo~ulated and the recommendations made by the finance commisslon 10 its fmal rert dated the 31st day of july, 1969, reco~ends ~nder artc1e 117 (1) po d (3) of the constitution of india read with article 274 (1) thereof, :e introduction of the union duties of excise (distribution) ame~d­ment bill, 1969, in the lok sabha and also the consideration of the bill financial memorandumclause 4 of the bill pl"o'vides for payment of a part of the net proceeds of the union excise duties to the states at the current rates of duties and on the basis of the estimated receipts the bill will involve the payment from the consolidated fund of india to the states of a sum of about rb 1570 crores in the five years 1969-70 to 1973-74 representing an increase of about rs 45 crores over the amount which the states would have been entitled under the present sharing arrangements the payments to the states during current financial year are estimated at rs 26596 crores the bill does not involve any non-recurring expenditure annexure extracts nom the union duties of excise (distribution) ar:r 19g2 (3 of 1962)an act to provide for the distribution of a part of the net proceeda of certain union duties of excise among the states in pu~suance of the principles of distribution formulated and the recommendations made by the finance commission in its report dated the 12th day of august, 1965, - - - - - - dehi· tion 2, in this act, the expression "distributable union duties of excise" means twenty per cent of the net proceeds of the duties of excise levied 1 of llk4 and collected under the central excises and salt act, 1944 and of the duties of excise levied and collected under the mineral products (addir1 of 1968 tiona} duties of excise and custams) act, 1958, 3, during each financial year commencing on and after the 1st day of april, 1966, there shall be paid out of the consolidated fund of india to each of the states specified in column 1 of the table belcw such percentage of the distributable union duties of excise as is set out against it in column 2:-diltribution of a part of union duties of aejie iudoilitbe statel i 2 state percentaic --__---------,-------andhra pradesh 7'71 assam 3'32 bihar 10'03 gujarat 4'80 jammu ii,ild kashmir 2,26 kerala 4'16 madhya pradcsh , 7'40 madras 7'18 mruu-ashua 8'23 myaore 5'41 nagalll,lld 2'21 orisaa 4'82 punjab 4,86 rajasthan 5·06 uttar pl'idesh 14'98 west ben,al 7'$1: ~dec:tt:bat the share of the diltributable union duties of excise payable to the state of punjab as it existed immediately before the 1st day of november, 1966, shall be construed, as from that date, as payable to the state of heryana and the state of punjab and the union in the proportion of 37-38: 54- 84: 7- 78: provided further that the share allocable to the union' shall be retained by it and shall not be withdrawn from the consolidated fund (if india_ - - - - - - - a bill further to amend the union duties of excise (distribution) act, 1962(shri prakashchand b sethi, minister of state in the ministry of finance)

Parliament_bills

c530637a-bbe3-5a16-92db-fc6dfad57cf4

bill no 82 of 2008 the appropriation (no 4) bill, 2008 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2008-09be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 this act may be called the appropriation (no 4) act, 2008short title issue of rs 55604,83,00,000 out of the consolidated fund of india for the financial year 2008-09 appropriationthe schedule(see sections 2 and 3)| 1 | 2 | 3 ||-----------------------|-------------------------------------------------------|-------------------|| services and purposes | | || no | sums not exceeding | || of | voted by | charged on the || vote | parliament | consolidated fund || rs | rs | rs || 4 | atomic energy revenue | 51,39,00,000 || | | capital || 5 | nuclear power schemes revenue | 145,98,00,000 || | | capital || 7 | department of fertilisers revenue | 13656,06,00,000 || 10 | department of commerce revenue | 956,69,00,000 || 16 | department of food and public distribution revenue | 6500,00,00,000 || 20 | defence pensions revenue | 2728,20,00,000 || 35 | transfers to state and union territory | || governments revenue | 8964,70,00,000 | || 60 | ministry of labour and employment revenue | 3,00,000 || 74 | ministry of power revenue | 1,00,000 || | | capital || 80 | department of rural development revenue | 18000,00,00,000 || 87 | department of road transport and highways revenue | 500,00,00,000 || | | capital || 92 | ministry of textiles revenue | 1400,00,00,000 || 100 | department of urban development capital | 1700,00,00,000 || | t | || otal | | || | | 55603,83,00,000 | statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 2008-09pawan kumar bansal———— president's recommendation under article 117 of the constitution of india ---- [copy of letter fno 4(12)-b(sd)/2008(vol ii) dated the 17th december, 2008 from shri pawan kumar bansal, minister of state in the ministry of finance to the secretary- general, lok sabha]the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2008-09, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation (no 4) bill, 2008 in lok sabha and also the consideration of the bill———— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2008-09————(shri pawan kumar bansal, minister of state in the ministry of finance)gmgipmrnd—4522ls (s5)—18122008

Parliament_bills

6f4b8b64-f25d-55d8-b6a4-3790a68c0431

the appropriat ion (no2) bill 1968 (to be/as introduoed in 10k sabha)1 page 1, in the marginal heading to clause 2,-i2£ "rs1, 54, 62, 01,88, 000" ~ -"rs15,462,01,88,,000" 2 page1, line 7,-for "vote of" z:!l~ "vote on" 3 page 7" -against vote no67, in column 2, under the head "servioes and purposes" lor "exped1tun" ~eaa " expenditure" 4 page 8,-against vote no85, in column 3, under the head "charged on the consolidated fund" "in "15,96, 000" ~ "45,96,000" 5 page 10,-against vote no113, in column 3, under the head "totaj" m "13,17,03,48,000" ~ ad " 1 3, 1 7, 03, 46 , 000" 6 page 10,-line 17, in column 2, under the head "services and purposes" for "repayment of of debt" rel!4 "repayme~rof debt" 7 page 11,-in column 3, i9t "voted by parliament" read --"voted by parliament" 8 correct line numbers on pages 1, 7, 8, 9, 10 and 11 nbw delhi; apru~ 1968 vaisa 3, 1890 (~ak~ bill no 39 of 19qj the appropriation (no2) bill, 1968 a billto authorise payment and appropriation of certain bums from and out of the consolidated fund of india jor the services of the financial year 1968-69 be it enacted by parliament in the nineteenth year of the republic of india as follows:-1 this act may be called the appropriation (no2) act, 1968 short title 2 from and out of the consolidated fund of india there may be hhuc of 5 paid and applied sums not exceeding those specified in column 3 of :i·:8~:~z the schedule amounting in the aglp'~gate [inclusive of the sums spe- cut ofl~eted cified in column 3 of the schedule to the appropriation (vote of f=o~f· ,of ip6ii account) act, 1968] to th~ !j~~ 9f m~een thousand, four hundred and := ~~ sixty-two crores, one lakh and eighty-eight thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1968-69 in respect of 'ihe services specified in column 2 of the schedule appropriatioll 3 the sums authorised to be paid and applied from and out of s the consolidated fund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year to~ $~ice and piii'poiies vocfll~, parliament ~ ra r •• lb 10 i ~mo~ 2 83,~~,~,oqo minitry of commerce 4670000 foreipl trade 83,35,98000 s,ood 3 other revenuc bxpen-4~ of the minitry o~ 20,28,22,000 ~~~2,ooo 4 ~~~7~ minietry ofdefenc:e 8827,000 ,1,14,00,000 s ~ce serv~ec-915>04,00000 ,opy,ooo tlve - - - -details a in annezure defenc:e servic:ee-non-~ve a8,as~ 21'5,00,000 6 20 7 ,,61,000 mini,try of education 97,61,000 8 "'ioi~,ooo ~ion ~~ra,opo 9 j~'37,ooo archaeology 1,3737,000 10 survey of india 5,38,47,000 54847000 " 1-1 19110,'1,000 gl;anta to council of seien- 'tijic and induitriai reaearc:h jtiossooo 12 3,5483,000 other revenue expenditure of the ministry of bducation 35483,000 13 bxtemal mairs 1793,17,000 1793,17,000 , 14 20,05",000 other revenue bxpen-drt:e of ~ mjaiti- of rna! aftlln - - 20,05,35,000 is ministry of finance 2,78,62,000 , i -~ aq8,6a,ooo ---- ''''-'r' - -"" ~ no services and purpose swnl not exceeding of vot e voted by charged on parliament the conaojida-total ted fund ra ri ri i 6 customs 6,9200000 50,000 692,5°,000 i 7 union bxcise duties 16,17,89000 50,000 16,1839000 18 taxes on income including corporation tu, i i 0 etc 1294,77,000 i ,,15,000 129592,000 19 stamps 5,38,27,000 5,3827000 20 audit 22,55,00,000 3467,000 2211967000 21 currency and coina~ 15,23,78,000 15,2378,000 15 22 mint 3,95,4!;,000 395>45000 23 kojar gold mines '>45,62,000 5,45,62,000 24 pensions and other retirement bencfita 6,63,01,000 20;60,000 6,83,61,000 2s opiwn 335,07,000 3,,,,07,000 ao 26 other revenue expenditure of the ministry of finance 4o,84,9f,ooo ',5,000 40,86,74000 27 grants-in-aid to state and union territory a5 governments 33578•87,000 lso""79,000 486,25,66,000 28 miscellaneous adjustments between the central, state and union territory 30 governments 28,20,000 , 21,20,000 \ 29 pre-plnition payments 2,65,000 '94000 959000 charoid-int",st on djbt and 0,,,, oblipbons and reduction or 35 afjoidanu olinbt s,5°oj5,97,ooo 5so3597 ,000 charoiid-payrmllu 01 staus' sha" 01 union &as duts ,67,s;lj,ooo 267,5283,000 30 ministry of food, agricwture, community 40 development and co-operatioa 1,62,04,000 1,62>04,000 , ----no sums not exceeding of vote services and purposes s voted by charged on the total parliament consolidated fund ----ri rs r •• 3 1 agriculture 10,36,74,000 10,3674000 32 payment to indian council of agricultural 10 researclt 14,s7,2s,ooo 14,57,25,000 33 forest 1,66,59,000 1,66,59,000 34 other revenue expenditure of the ministry of food, agriculture community development and co-operation 24,9s73000 :1954,000 25,25,37,000 3s mini,try of health, flmi-~ planning and urban evelopment 4°,94000 4°94,000 20 36 medical and public health 23,0482,000 230413,000 37 other revenue expenditure of the minitry s of health,· flmily piannidi and urban development 98,82,000 9812,000 38 mini'tryof home adfain 148•86•000 1>48,86,000 351, cabinet 6703,000 67,03,000 3 0 40 administration of ju~ice 253000 :16,5°,000 ~9,oi,ooo 41 police 45,s3o6,ooo 4553,06,000 , 42 census 1,31451,000 1,31>451,000 43 stalitic 3,53,751,000 , 3,53751,000 44 privy punea and allow-1,75,000 4,81,:10000 48:19s,ooo s ancea of indian rulen 3 45 territorial and political 1816,000 18,16,000 pension 46 delhi 37,3547000 14,46,000 37>49,513,000 0 4 47 cbllddiarb 59781,000 :i:i,5s000 6,20,36,000 sudjoi bot exoeedintof services and p/o1i'poses vote s voted by charaed on the tot~ parliament consolidated fund ----r, r r, 48 ~ndaman and nicobar 7,16z5,ooo " 7 ,16,3!5 000 10 hlandl 49 tribal areas 2-67,81,000 2~6~81~ so dadra and nalar 5632,000 ,632,000 haveli area 5~ l~dive minicoyand amindivi island, 1,07900000 ipt,9qpbo is 52 other revenue bxpen-io,7~48000 1~74048,ooo diture of the ministry of hoene alffain s3 ministry of industrial 79,24000 79,24000 2q development and compallly mairs s4 ~tries 4sp044,ooo io,oo,fioo ,~,cao !is salt 60,11,000 6o,1~,ooo 561 other ievenue bx-1,13,82,000 ii13,8~,ooo 25 penditure of the mi- nistry of industrial development and company main - $7 ministry of informa-209,,000 ~5,ooo 30 tien and broadcasting · ~ »~uting 10,14", ,goo io,i"prt,ooo si otbcr revenue bxpen-606,14,000 6,061~,eoo diture of the mimstry 3s of informatiotl and broadcaatidl · 60 ministry of irri,ation 3549000 , ,5,49000 and power · '/ ~ mulili-putp08e lliver 2,as,66,000 ~~!66,ooo 40 schemes · 6l otda' &veaue &-a,sl~ " 8,,s,slspoo penditw:e of the mialet!\' of in:iaatiotl and power · no sums not exce6ding of service and purposes vote voted by j charged on paniament the consoli-5 dated fund total -ra rs' rs 63 ministry of labour, 81,69,000 81,69,000 bmp'loyment and rehabilitation 10 diiector general, mines 53,19,000 64 53,19,000 safety ~, labour and em-15,18,58000 $,000 1'18~6a,oog ployment , 66 bxpmditure on disu8825,ooo p,ooo 128867,000 15 placed persons 67 other revenue expe-18,15,000 ib,i5,ooo dbre of the ministry i of labour employ-i i ment and rehabili-20 m1,uon - 611 'nlstry of law 68,h,ooo 68,b,ooo other revenue bxt:u-i 69 l,li330,ooo 1,is3,30jiooo cljtwre of the miu atry of law - - " 25 70 ministry c;l petroleum 28,8~,ooo 3883,000 and c mica! - 'ji other rev:ue = 85,37,000 i,37joco ~ ,ibe try , -of petroleum and chemical' ," geolop:a1 survey i i ,0086,000 c 11 ,00,86,000 30 72 mwatry of steel, mine 39,79,000 39,791>000 and metals '' " 74 other re~uc bxpen-17>41,02,000 l,jalsoo 17 80,000 ,5 diture of the minutry of steel, minea and metals 7s ministry at touri8t1l 19,49,000 1949,000 and civil aviation 40 76 meteorology 3,75,01,000 375,01,000 77 aviation 12,13,00,000 ' 13,13,00,000 78 other revenue bxpen-2,15),31000 2,19,31,000 diture of the ministry of tourism add ~, 0wil avimon , , sums not exceeding no of voto services and purposes total voted by parliament charged od the consolidated pund ri ri ri 79 miniltry of trlllsport and shipping 134,77,000 80 roadl 1534,08,000 1534,08,000 10 81 mercantile marine 2,3840000 2,38,40000 b lighthnuses and liehtships 83 other revenue expenditure of the ministry of tranaport and shipping 1,n,65,ooo 84 ministry of word houling add supply l,n,6,,ooo 85 public works 39,85,80,000 393984,000 30 13046,60,000 86 stationery and printing 1 3046,60000 87 supplies and disposals 418,48000 418048,000 ~,oo;ooo 88 other revenue &pendlture of the ministry of \t'arks, housing and supply 89 department of atomic 30,23,000 ~nerly 16,83,05,000 other revenue expenditure ofthe department of atomic energy 91 13,96,000 department of communications 92 2,75,42,000 overseas communications service 3s 93 10,000 2,05,87,85,000 posts and telegraphs (working expenses) 94 28,32, i 6,000 posts and telegraphs -dividend to oent:ral revenues, '\ppropriation to reserve funds and repayments of loan from general revenues no sums not exceeding of service8 and purposes --------vote voted by charted on the 5 parliament con80lidated total fund --------rs rs rs 95 other revenue expenditure of the department of communications 34,50,000 3450000 10 96 department of parliamentary affairs 6,61,000 661,000 97 department of social welfare 18,61,000 18,61,000 98 other revenue expcndi-is ture of the d~rtmcnt of social we are 4,01,83,000 4,01,83,000 99 planning commission 1,58,99,000 1,~8,99,ooo 100 lok sabha 1,,6,18,000 69,000 i,s6,87<')'xi 101 bjya sabha ,8,81,000 7~,000 59,5),1l0(l ~ charoiid-sto8' h_,-how ad aiioflltlffui 01 tm pr,sid",t 16,94000 3694000 loa secretariat of the vice-president 2,93,000 2,93,000 2's chargid-u,ion s"",i" commisnon public 86,94,000 86,94,()0(l 103 capital outlay of the ministry of commerce 6897000 68,97000 104 defence capital ooltlly 130'500,000 15,00,000 1,30,90·00,000 105 capital outlly of the 30 minitry ofed1dtion 66,31000 6631,000 106 capital outlay on the india security preis 4724,000 4724000 107 capital outlay on curr-'9,,9,s4,()o() 3s eney and coinage 195954,000 108 capital outlay on mints 78,87,000 7887,000 i09 capital outlay on kolar 1,14,26,00" gold mines ' ,14,26,000 ijo commuted value of 4,81,99,000 pensions 4,80049,000 [5 0 ,000 40 | voted | by ||-----------------------|----------------|| charged | || on | || the | total || 5 | || parliam'!nt | consolidated || fund | || ------------ | ----_ || ----1-------- | || rs_ | || - | its || iii | || 2,6500,000 | 2,65,00,000 || other | || capital | ouday || the | || ministry | of || 1j2 | || capital outlay on | || grants | || to | || state governments | || for development | || loans and advances | || by | || t1~e | || central | || govcrnm~nt | || cll\robd--repayment | || ,'f | || of | || [)fbt | , || 94,4°,88 | || ,~"ooo | || 94,40,88,27,000 | || 1,01,000 | || purthase | || of | foodgrains || and | || fcrti1i~)-~ | || 26,95,11,000 | || 1,10,00() | || other | capital outlay || the | || ministry | || of | || food, | || alricul~ | || <:;cnnmu- | || nity development- and | || cooperation | || 116 | || capital | || outlay | || of | || th,' | || ministry | || of | || health, | || family | || p~'n, | || and | || urban | || development | || i | || s,8o,ss,ooo | || is·80,'5,ooo | || jj7 | || clpitai | ol&tlay || territories and | tribal || ~ | || 118 | || other | || capital | || outlmyof | || 7!if,ooo | || ~he | || ministry | || of | || home | || affairs | |ctpital outlay of the minitry of industrial development and comp,ny affairs 8,02,7,,000 iu capital outla}' of the ministry of information and brolldcaariq capital outlay on multipurpole river schemea | ~i_;-~' | _~' ||-------------------------|-------------------------|| | || _2--,-_'''_:-' | || '_c | || +1 | ________ || ~:_:3_~!_:; | || | - || ;;;:'::~ | || services and | || purposes | || no | || of | || vote | || total | || voted by | || parliillilcnt | || s | || chaqed | on || consolidated | || pund | || rs | || rs, | || re | || other | capital || out~l | || of' | || the mini_try | of || ption | and power || 10 | || iz3 | || lo,~ | || cpital | 01&tlay || ministry | || of | labour, || bmployment and re- | || habilitation | || is | || 124 | || 18,17,12,000 | || capital outlay | || of | the || ministry | || qf | || ~etroleum | || anci | chemic8ls' || 125 | || 1>4 | || 0,26,ss,000 | || capital | outlay || ministrf | of || m~~ | || and | || me~~ | || ' | || 20 | || 8,1056• | || 000 | || j,50,000 | || la6 | capital outlay on avia- || tion | || 5,85,78,008 | || 5,85,78,000 | || 127 | || other capital outlay | of || the | ministry || and civil aviation | || 41,33 - | || :18,000 | || 4 | || 1 | || ,]0,7 | || 8 | || ,000 | || 128 | || capital outlay on roads | || 215,00,000 | || | 29 || capital outlay on ports | || r, | || 13 | || 0 | || 2,79,66,000 | || other | capital outlay || the | || ministry | of || trans- | || port | || and | || shipping | || 3 | || 0 | || delhi capital outlay | || 1,3 | || 1 | || 132 | || 7so,oo,ooo | || 7>45,00,000 | || capital | || outlay | on || works | || 133 | || 35 | || other capital outlay | of || the | midistry || worb, | || housing and supply | || 134 | || 4775,00,000 | || capital outlay | || of | || the | || department | of || bnel'ly | || 135 | || capital outlay | on || and | || tclerraphs | (not || met from | || revenue) | || 45 | || 136 | || other capital outlay | of || the | department || communications | || total | | ~ dftalls in rbsp8c1" 01' dl:n:nce 8i'rvlcis-el'fecnve, specii'ud 1m itdi 5 01' the sc!redtnbs~ not exceeding toral 5 voted by parliament chllfled (in the omaolidated fund rs ri rs ~illcluding defence uction) 7,08,69>40,000 7,08,78,00,000 10 navy 38,21,60,000 38,22,00,000 8,60,000 i 40,000 \ 1,00,000 1,68,13,00,000 1,68,14,00,000 1 9,15,0400,000 9,15,14,00,000 air porce \ 10,1)0,000 l ------- statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india to provide for the appropriation out of the consolidated fund of india of the moneys required ,to meet the expendituil'e charged on the consolidated fund and 1he grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 1968-69 morarji desai presidents recommendation under article 117 of the constitution of india[copy of l~ter no f3(39)-b/68, dated the 18th april, 1968 from shri morarji desai, deputy prime minister and minister of finance to ,the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain sums from and out of the consolidated' fund of india for the serviens of the financial year 1968-69 recommends under article 117 (1) w;u (3) of the constitution, the introduction of the appropriation (no2) bill, 1968, in the lok sabha and also the consideration of the bill 2 the bill will be introduced in the lok sabha after the demands for grants for expenditure of the central government (excluding railways) for the year 1968-69 have been voted billto authorise payment and appropriation of ~ain sums from and out of the consolidated fund of india for the services of the financial year 1968-69 (shri morarj; desai, deputy prime minister and minister of finance)

Parliament_bills

4d18d479-cfa9-5d5a-a425-15fbf797d323

bill no 173 of 2015 the high court of rajasthan (establishment of a permanent bench at bikaner) bill, 2015 by shri arjun meghwal, mp a billto provide for the establishment of a permanent bench of the high court of rajasthan at bikanerbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 this act may be called the high court of rajasthan (establishment of a permanentbench at bikaner) act, 2015 statement of objects and reasonssince the time a bench of the high court of rajasthan, which is functioning at jodhpur, was established at jaipur, there has been a demand for the establishment of a permanent bench of the high court at bikanerrajasthan is one of the largest states and bikaner is a divisional headquarter which is situated in the western part of rajasthan the region is known as thar desert of the western region of the countrythe number of pending cases of bikaner division in the high court are more than sixty per cent of the total number of pending cases besides, in a large number of cases, the government of rajasthan, its various departments or the public sector undertakings and autonomous bodies under it happen to be a party therefore, establishment of a permanent bench at bikaner will not only reduce unnecessary expediture from the public exchequer but would also benefit the people from bikaner, sri ganganagar, hanumangarh, churu and nagaur districtshence this billnew delhi;arjun meghwaljuly 7, 2015———— a billto provide for the establishment of a permanent bench of the high court of rajasthan at bikaner————(shri arjun meghwal, mp)gmgipmrnd—1452ls(s3)—15-07-2015

Parliament_bills

ac9cf51f-1691-5dd2-99e7-5ce8d4242990

bill no 61-c of 2007 the state bank of india (amendment) bill, 2007 a billfurther to amend the state bank of india act, 1955be it enacted by parliament in the fifty-eighth year of the republic of india as follows:–1 (1) this act may be called the state bank of india (amendment) act, 2007(2) it shall be deemed to have come into force on the 29th day of june, 2007short title and commencement523 of 1955amendment of section 32 in the state bank of india act, 1955 (hereinafter referred to as the principal act),in section 3, in sub-section (2), for the words "reserve bank", the words "central government" shall be substitutedamendment of section 53 in section 5 of the principal act, in sub-section (2), for the words "reserve bank", the words "central government" shall be substituted10amendment of section 104 in section 10 of the principal act, in sub-section (2), for the words "reservebank", the words "central government" shall be substitutedamendment of section 115 in section 11 of the principal act, for the words "reserve bank", the words "central government" shall be substitutedamendment of section 186 in section 18 of the principal act, in sub-section (2), for the words "all directionsgiven by the central government shall be given through the reserve bank", the words "all directions shall be given by the central government" shall be substitutedamendment of section 1957 in section 19 of the principal act, in clause (c), for the words "reserve bank", thewords "central government" shall be substitutedamendment of section 248 in section 24 of the principal act, in sub-section (4), for the words "reserve bank",the words "central government" shall be substituted9 in section 36 of the principal act, —amendment of section 36(1) in sub-section (1), —10 (a) in clause (a), for the words "reserve bank", the words "central government" shall be substituted;(b) in clause (b),—(i) the words "the reserve bank or" shall be omitted; (ii) in the proviso,—15(a) for the words "reserve bank", occurring at both the places, the words "central government" shall be substituted;(b) for the words "paid to that bank", the words "paid to that government" shall be substituted;20(2) in clause (a) and clause (aa) of sub-section (2) and in sub-section (3), for the words "reserve bank", wherever they occur, the words "central government" shall be substituted10 (1) the state bank of india (amendment) ordinance, 2007, is hereby repealedord 5 of 2007repeal and saving25(2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the principal act, as amended by this act lok sabha————abillfurther to amend the state bank of india act, 1955————(as passed by lok sabha)mgipmrnd—3261ls(s5)—20-08-2007

Parliament_bills

1c50a72b-5a63-5161-a7a2-0d0743680400

bill no 230 of 2016 the meritorious students (assistance in higher studies) bill, 2016 by dr ramesh pokhriyal 'nishank', mp a billto provide for loan facilities to meritorious students for pursuing their higher studies and for matter connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and extent1 (1) this act may be called the meritorious students (assistance in higher studies)act, 2016(2) it extends to the whole of india 2 in this act, unless the context otherwise requires:—definitions5(a) "bank" means any nationalised bank and includes any financial institutionwhich is owned by or is under the control of or where fifty one per cent of shares are held by the central government or is receiving aid from the central government;10(b) "higher studies" includes courses in medicine, engineering or managementor any professional course in any field or vocation or research in any field from any recognized college or a university or an institution;(c) "meritorious student" means a student who has secured a minimum of seventy-five per cent marks in the higher or senior secondary examination; and(d) "prescribed" means prescribed by rules made under this act53 every meritorious student shall be provided with loan from the banks for pursuingtheir higher studies:banks to provide loan to meritorious studentsprovided that the loan shall be sanctioned only to such students whose family incomefrom all sources is not more than twenty-five thousand rupees per monthexplanation—for the purpose of this section, "family" means husband, wife andtheir dependent children10applications for loan4 (1) any student who fulfils the criterion specified in section 3 and who wishes topursue higher studies may make an application to the concerned branch of any bank(2) an application made under sub-section (1) shall be disposed of within one monthfrom the date of receipt thereofamount of loan5 (1) the loan shall be payable to the eligible student till he completes the course forwhich the loan is applied for15(2) the amount of loan payable shall cover the entire cost of education includingcourse fees, study material, hostel fees, if any, and any other expenditure in connection with the education(3) the bank shall make the payment directly to the head of the college or universityor institution where the student is studying206 (1) the loan shall be given to an eligible student without any security or guarantee:provided that the bank may demand from the student such details and documentaryproof, as it may deem fit, before sanctioning the loanterms and conditions of sanction and repayment of loan25(2) the loan shall be recovered from the students in equal monthly instalments withsimple interest at the rate of five per cent per annum immediately after the student gets a job on completion of his study:provided that the loan shall be repaid within four years from the date of securing a jobpower to make rules7 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30 35(2) 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 the 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 statement of objects and reasonsthe higher education, especially medical and engineering education has become very expensive the meritorious students who come from the lower strata of society are unable to afford the fees charged for such courses and are, therefore, deprived of higher studies this will have an adverse effect on the nation building activityit is, therefore, necessary that banks extend concessional financial assistance at nominal rate of interest to meritorious students to enable them to pursue their studies unhindered and contribute to nation buildingthe bill seeks to achieve the above objectivesnew delhi;ramesh pokhriyal 'nishank'august 11, 2016 memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to the matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto provide for loan facilities to meritorious students for pursuing their higher studies and for matter connected therewith————(dr ramesh pokhriyal 'nishank', mp)gmgipmrnd—2577ls(s3)—30-09-2016

Parliament_bills

4e358dea-4dea-5919-99fd-fc9402ddc496

bill no 167 of 2017 the representation of the people (amendment) bill, 2017 by shri ninong ering, mp a billfurther to amend the representation of the people act, 1951be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the representation of the people (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 after section 75a of the representation of the people act, 1951, the following section shall be inserted, namely:—insertion of new section 75b10"75b (1) every member of either house of parliament shall, within ninety days from the date on which he ceases to be member of that house, furnish the information relating to—(i) movable and immovable property of which he, his spouse and his dependant children are jointly or severally owners or beneficiaries;declaration of assets and liabilities by members of parliament on cessation of membership(ii) his liabilities to any public financial institution; and (iii) his liabilities to the central government or the state government,to the chairman of the council of states or the speaker of the house of the people, as the case may be5(2) the provisions of sub-sections (2) to (5) of section 75a including those relating to furnishing of information and making and laying of rules shall also apply, mutatis mutandis, to this section" statement of objects and reasonsthe representation of the people act, 1951 provides for the conduct of elections to the houses of parliament and the house or houses of the legislature of each state, the qualifications and disqualifications for membership of those houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such electionsalready, there are provisions for declaration of assets and liabilities by every elected candidate of either house of parliament within a period of ninety days from the date on which he takes his seat this helps in winning the trusts of voters and strengthen the roots of democracy however, there is no such provision for declaration of assets and liabilities after the expiry of the term of membership of elected members of either house of parliament the proposed amendment seeks to disclose the income and assets even after the completion of the term of house by each member of parliamentthe proposed amendment in the parent act will help in maintaining transparency and accountability of people's representative at the apex level it will also help in creating a positive atmosphere of corruption free status for members of parliamenthence this billnew delhi;ninong eringjuly 11, 2017 annexure extract from the representation of peoples act, 1951 (43 of 1951)| ||----------------|| declaration of || assets and || liabilities |75a (1) every elected candidate for a house of parliament shall, within ninety days from the date on which he makes and subscribes an oath or affirmation, according to the form set out for the purpose in the third schedule to the constitution, for taking his seat in either house of parliament, furnish the information, relating to—(i) the movable and immovable property of which he, his spouse and his dependant children are jointly or severally owners or beneficiaries;(ii) his liabilities to any public financial institution; and (iii) his liabilities to the central government or the state government, to the chairman of the council of states or the speaker of the house of the people, as the case may be(2) the information under sub-section (1) shall be furnished in such form and in such manner as may be prescribed in the rules made under sub-section (3)(3) the chairman of the council of states or the speaker of the house of the people, as the case may be, may make rules for the purposes of sub-section (2)(4) the rules made by the chairman of the council of states or the speaker of the house of the people, under sub-section (3) shall be laid, as soon as may be after they are made, before the council of states or the house of the people, as the case may be, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the council of states or the house of the people and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect(5) the chairman of the council of states or the speaker of the house of the people, as the case may be, may direct that any wilful contravention of the rules made under subsection (3) by an elected candidate for a house of parliament referred to in sub-section (1)may be dealt with in the same manner as a breach of privilege of the council of states or the house of the people, as the case may beexplanation—for the purposes of this section,—(i) "immovable property" means the land and includes any building or other structure attached to the land or permanently fastened to anything which is attached to the land;(ii) "movable property" means any other property which is not the immovable property and includes corporeal and incorporeal property of every description;(iii) "public financial institution" means a public financial institution within the meaning of section 4a of the companies act, 1956 (1 of 1956), and includes bank;(iv) "bank" referred to in clause (iii) means—(a) state bank of india constituted under section 3 of the state bank of india act, 1955 (23 of 1955);(b) subsidiary bank having the meaning assigned to it in clause (k) of section 2 of the state bank of india (subsidiary banks) act, 1959 (38 of 1959);(c) regional rural bank established under section 3 of the regional rural banks act, 1976 (21 of 1976);(d) corresponding new bank having the meaning assigned to it in clause(da) of section 5 of the banking regulation act, 1949 (10 of 1949); and(e) co-operative bank having the meaning assigned to it in clause (cci) of section 5 of the banking regulation act, 1949 (10 of 1949) as modified by subclause (i) of clause (c) of section 56 of that act; and (v) "dependant children" means sons and daughters who have no separate means of earning and are wholly dependant on the elected candidate referred to in sub-section (1) for their livelihood] lok sabha————— a billfurther to amend the representation of the people act, 1951—————(shri ninong ering, mp)gmgipmrnd—2167ls(s3)—13102017

Parliament_bills

31436afb-e3e0-5009-9281-1a8f56297d65

the appropriat ion (no5) bill, 1955- (as introduced in lok sabra) the appropriation (no5) bill, 1955 (as introduced in lor: sabha) • billto provide for the authorisation of appropriation of moneys out! of the consolidated fund of ,india to meet the amount,· epen on certain se·",wes during the financilll year ended on the, &it day of march, ~951, in excess 01 the amounts authorised i of' granted for the said; bervices be it enacted by parliament in the sixth year of the republie of india as follows: -1 this act may be called the appropriation (no5) act, 1955 sbort ticia 2 from ii1ild out of the consolidated fund of india, the -uns , girl 5 specified in column 3 of the schedule amounting in the aggnwate :~l~~ to the sum of four c;rores, thirty-ione lakhs and nin~tl!one coniojfdat_ thousand rupees shall be deemed to i have been paid and pplied = ~ to meet the amount spent for defraying the charges in respect of cediin c: the services specified ija column 2 of the schedule during the :r:nm-10 financial year ended ont the 31st day' of march, 1951, in excess of year:'d the amounts authorised or granted for those services for that year =3:~ 3 the sums deemed! to have bee paid and applied from, add approprlaout of the consolidated fudd of india under this act than be tiori appropriated, and 58aii: be deemed to have been appropriate" for is the services and purposes expressed in the schedule in relation to the financial year end~ on- -the- sht day-' of march, 1961 i 3 excess no of portion portion total s v~te serviceaand purposes voted charged i i -i-~'i--i--:--rs l,ts rs 8 indian poita and telegraphs department ij,27j 1),273 1,097 [0 a8-a ministry without portfolio 40 botanical sufvey - 28,30,744 28,)0,744 51 alricu1ture 28,88,199 28,88,199 2),52,190 54 salt -64 miecellaneoul departmerts i~ 65 cwsency 69 otbu civil works 74 bxpedd1ture on dilpliiced persona ,,_ defence services non-etrective 8)2 -20 80 millcc11aneoub adjustments between the union and the state governments 47,864 47,864 8,287 8,287 82 civil defence j3,8),050 58,62,)58 83 pre-partition payntcl ts 91,51408 2,8),<>49 ip-a vindhya pradesh chargtd-in'if'ut 1m thbl, etc 1,04,40,054 25 4j,011 4),olz charglil,-pnitm public sntlic' ctnimtiium - 96 capital outlay on indian posts add tdepapha (not met from revenue) - - 1,13,72,975 vi iddian 1'oit8 a"d telegraphs-stores lutpensea (not met &om-revenue) ·l------~l--------l-------total 29358,1192 i,j8,j2108 43191,000 3s statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the appropriations charged on the fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 31st day of march 1951 c d desmrokh new delhi; the 3rd december, 1955 - li ipd-lad-i472 ls-sizss-i~ a bill 10 provide for the authorisation of appropriation "of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march 1951, in excess of the amounts authorised or granted for the said services , the president has, in pursuance of clauses (r) and (3) of article ii7 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary - (shri c,d deshmukh -minister of finance)

Parliament_bills

9d0790d6-4266-5429-8a06-afb951dfd3bb

bill no 101 of 1988 th e a ppr o pr ia t io n (n o 4) bill, 1988 a billto a u th o ris e p a y m e n t a n d a p p ro p ria tio n o f c e r ta in f u r t h e r su m s fr o m a n d o u t o f th e c o n s o lid a te d f u n d o f in d ia fo r th e s e rv ic e s o f th e fin a n c ia l y e a r 1988-89be it enacted by p arliam ent in the t hirty-ninth y ear of the r epublic of india as follow s: —1 this a ct m ay be called the a ppropriation (no 4) a ct, 1988short title2 from and out of the c onsolidated fund of india there m ay be paid 5 and applied sum s not exceed in g those specified in colum n 3 of the s ch ed ule am ounting in the aggregate to the sum of one thousand five hundred ninet>^-three crores and eighteen lakhs rupees tow ards defraying th e several charges w hich w ill com e in -course of p aym ent during the financial year 1988-89, in respect of the services specified in colum n 2 of 10 the scheduleissue of rs 1593, 18,00,000 out of the consoli­dated fund of india for the year 1988-89s t he sum s authorised to be paid and applied from and out of the appro- c onsolidated fund of india by this a ct shall be appropriated for the priation services and purposes expressed in the schedule in relation to the said year the schedule (see sections 2 and 3)sums not exceedingtotalcharged on the noofvote !services and purposesvoted by parliamenti consoli dated fund-----------rsrs rs!1,00,0001,00,0001agriculturerevenuecapital2s,ss,oo,ooo j 25,88,00,0006 j,00,0002 ;other services of de­partment of agricul­ture and co-operation revenue |1,00,0006400000100000 15i2,00,0004deoartment of rural developmentrevenue1,00,000i11 ' telec dmmunication servicescapital200000231500000020department of powercapital231,50,00,000206000000 i1,80,00,0001,80,00^00021department of nonconventional energy sourcescapital60,00,000123ministry of external affairs revenue6276400000 2526payments to financial institutions capital627,64,00,00029 i4400000000440,00,00,0001transfers to state governmentscapital35j direct taxesrevenue2^ 3,00,000 2,43,00,0001,00,0001,00,000 3038' department of civil 1 suppliesrevenue78,67,00,000431 policecapitalj 78,67,00,0001,00,00046i department of educa­tionrevenuei 1,00,000147department of youth affairs and sports capital5,38,00,0005,38,00,000 351,00,00048art and culturerevenue1,00,0009,00,00050department of indus­trial development revenue' 100,00,00,000100,09,00,0004052department of che­micals and petro­chemicalsrevenue1,00,00,0001,00,00,000sums not exceedingservices and purposesnoofvotei! charged on the totalvoted by parllamen1i consolidated 1 fundrsrsrs60ministry of petroleumitry injcapital36,00,00,000j36,00,00,00010capital80,00,00080,00,0006877ministry of water resourcesrevenue10,60,00,000110,60,00,00080capital1nuclear power sche­mesj 2,00,0001i 2,00,0001581revenue1,00,0001,00,000department of elec­tronics capital1 2,00,00012,00,000delhirevenue30,03,00,00030,03,00,00089i 1593,18,00,000i 4 70 ,s s ,oo,ooot o ta l120ii111122,33,00,000j statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the c onstitu­tion of india, read w ith article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to m eet th e supplem entary expenditure charged on the consolidated fund of india and the grants m ade by the lok sabha for expenditure of the c entral g overnm ent, excluding railw ays, for the financial year 1988-89b k gadhvi presid ent's recommendation under article 117 of the constitution of india[copy of l etter no f4 (40)-b (sd)/&8^ dated the 16th august, 1988 from shri b k g adhvi, m inister of state in the d epartm ent of expen­diture in the m inistry of finance to the secretary—g eneral, lok sabha]the president, having been inform ed of the subject m atter of the proposed bill to authorise appropriation of certain further sums from and out of the consolidated fund of india for the services of the finan­cial year ending on the 31st day of m arch, 1989, recom m ends the intro­duction of the a ppropriation (no 4) bill, 1988 in lok sabha and also recommends to lok sabha the consideration of the bill under article 117(1) and (3) of the constitution read w ith article 115(2) thereofthe bill will be introduced in lok sabha after all the supplem entary damands for g rants for 1988-89 have been voted a billto authorise pajrm ent and appropriation of certain fu rth er sum s from and out of the consolidated fund of india for the services of th e financial year 1988-89(shri b k gadhvi, minister of state in the department of expenditure in the ministry of finance)

Parliament_bills

d8689aef-6ec7-5d7f-b4b1-49baa8094a17

bill no 115 of 2016 the high court of rajasthan (establishment of a permanent bench at karauli) bill, 2016 by dr manoj rajoria, mp a billto provide for the establishment of a permanent bench of the high court of rajasthan at karaulibe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the high court of rajasthan (establishment of a permanentbench at karauli) act, 201652 there shall be established a permanent bench of the high court of rajasthan atkarauli and such judges of the high court of rajasthan, being not less than five in number, as the chief justice of that high court may from time to time nominate, shall sit at karauli in order to exercise the jurisdiction and power for the time being vested in that high court in respect of cases arising in the districts of karauli, dholpur, dausa, bharatpur and swai madhopur10 statement of objects and reasonssince the time a bench of the high court of rajasthan, which is functioning at jodhpur, was established at jaipur, there has been a demand for the establishment of a permanent bench of the high court at karaulirajasthan is one of the largest states and karauli is a divisional headquarter which is situated in the eastern part of rajasthanthe number of pending cases of karauli division in the high court are numerousbesides, in a large number of cases, the government of the state of rajasthan or its various departments or some public sector undertakings or autonomous bodies under it happen to be a party therefore, establishment of a permanent bench at karauli will not only reduce unnecessary expenditure from the public exchequer but would also benefit the people from karauli, dholpur, dausa, bharatpur and swai madhopurhence this billnew delhi;manoj rajoriaapril 13, 2016 lok sabha———— a billto provide for the establishment of a permanent bench of the high court of rajasthan at karauli————(dr manoj rajoria, mp)gmgipmrnd—172l(s3)—02052016

Parliament_bills

7c59d8b4-0ace-5d8c-aaa8-9cd9b7461bbb

bill no 229 of 2017 the constitution (amendment) bill, 2017 byshri nishikant dubey, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2017 2 after article 21a of the constitution, the following article shall be inserted, namely:—insertion of new article 21bright to affordable housing statement of objects and reasonshousing is a basic human need it is considered to be vital for human survival and essential for socio-economic development india with a population of over 121 billion people, is the second most populous nation in the world according to un-habitat, india is home to sixty three per cent of all slum dwellers in south asia this amounts to 170 million people, seventeen per cent of the world's slum dwellers india's per capita income although rising, ranks 124th in the world approximately thirty five per cent of india's population still earns rupees sixty or less per day census 2011 reported 177 million homeless people across india or 015 per cent of the country's total populationthe right to housing is the right to live in adequate shelter in security, peace and dignity it is not merely having a roof over one's head, rather it requires an accessible habitable space that fulfills the basic human needs to personal space, security, adequate lighting and ventilation, safe structure, protection from weather besides its location, all at reasonable cost therefore it is the duty of the state to provide affordable adequate housing for all citizensin order to achieve the task, it is felt necessary that a provision should be made in the constitution as part of the fundamental rights for the purpose the bill seeks to achieve the above objectiveshence this billnew delhi;nishikant dubeynovember 27, 2017 financial memorandumclause 2 of the bill seeks to make affordable housing to all citizens a fundamental rightthe bill if enacted will involve expenditure from the consolidated fund of india however, at this stage it will be difficult to make an estimate of such expenditure, both recurring and non-recurring the exact amount can be worked out only when the provisions of the bill are implemented lok sabha———— a billfurther to amend the constitution of india————(shri nishikant dubey, mp)gmgipmrnd—2727ls(s3)—15-12-2017

Parliament_bills

7c276bf6-21d5-5f80-82f4-8724f3ac686e

the central institute of english and foreign languages university bill, 2006 a billto establish and incorporate a teaching university for promotion and development of english and other foreign languages and their literature, and to provide for matters connected therewith or incidental theretoact 1 of 1350 fasliwhereas it is expedient to establish and incorporate a teaching university at hyderabad, to dissolve the "central institute of english and foreign languages, hyderabad", a society registered under the hyderabad societies registration act, 1350 (fasli) and to transfer to and vest in the said university all properties and rights of the said society;be it enacted by parliament in the fifty-seventh year of the republic of india as follows:—short title and commencement1 (1) this act may be called the central institute of english and foreign languages university act, 2006(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, and in all statutes made hereunder, unless the context otherwise requires,—(a) "academic council" means the academic council of the university;(b) "academic staff" means such categories of staff as are designated as academicstaff by the ordinances;(c) "board of studies" means the board of studies of the university;(d) "chancellor", "vice-chancellor" and "pro-vice-chancellor" mean, respectively, the chancellor, vice-chancellor and pro-vice-chancellor of the university;(e) "college" means a college maintained by the university; (f) "court" means the court of the university; (g) "department" means a department of studies and includes a centre of studies;(h) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more such means;(i) "employee" means any person appointed by the university and includes teachers and other staff of the university;(j) "executive council" means the executive council of the university; (k) "hall" means a unit of residence or of corporate life for the students of the university, or of a college or an institution, maintained by the university;(l) "institution" means an academic institution, not being a college, maintained by the university;(m) "principal" means the head of a college or an institution and includes where there is no principal, the person for the time being duly appointed to act as principal, and, in the absence of the principal or the acting principal, a vice-principal duly appointed as such;(n) "recognised institution" means an institution of higher learning recognised by the university;(o) "recognised teachers" means persons working in any recognised institution and recognised by the university for the purpose of imparting instruction or conducting research or both;(p) "school" means a school of studies of the university; (q) "statutes", "ordinances" and "regulations" mean, respectively, the statutes, ordinances and regulations of the university for the time being in force;(r) "teachers of the university" means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances;act 1 of 1350 fasli 3 of 1956(s) "university" means the central institute of english, hyderabad society founded by the central government at hyderabad in 1958 as a society registered under the hyderabad society registration act, 1350 (fasli) which was renamed as central institute of english and foreign languages, hyderabad society in 1972 and declared in 1973 as an institution deemed to be a university under section 3 of the university grants commission act, 1956; and which is incorporated as a university under this act3 (1) there shall be established, in the state of andhra pradesh, a university by the name of "the central institute of english and foreign languages university"establishment of the university(2) the headquarters of the university shall be at hyderabad, campuses at lucknow and shillong; and it may establish campuses at such other places as it may deem fit(3) the first chancellor, the first vice-chancellor and the first members of the court, the executive council and the academic council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the university(4) the university shall have perpetual succession and a common seal and shall sue and be sued by the said name4 on and from the commencement of this act,— (i) the society known as the central institute of english and foreign languages, hyderabad society, shall be dissolved, and all properties, movable or immovable, and all rights, powers and privileges of the said society shall be transferred to and vest in the university and shall be applied to the objects and purposes for which the university is established;(ii) all debts, liabilities and obligations of the said society shall be transferred to the university and shall thereafter be discharged and satisfied by it;(iii) all references in any enactment to the said society shall be construed as references to the university;dissolutionof thecentral institute of english and foreign languages, hyderabad society and transfer of all the properties and effect of establishment of the university(iv) any will, deed or other document, whether made or executed before or after the commencement of this act, which contains any bequest, gift or trust in favour of the said society shall be construed as if the university was therein named instead of the society;(v) subject to the provisions of this act, every person employed immediately before the commencement of this act in the central institute of english and foreign languages, hyderabad, shall hold such employment in the university by the same tenure and on the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the central institute of english and foreign languages, hyderabad, if this act had not been passedobjects of the university5 the objects of the university shall be to disseminate and advance knowledge by providing instructional, research and extension facilities in the teaching of english and foreign languages and literature in india; to train language teachers in methods and approaches appropriate to the indian context; to provide expertise in language and teacher education to foreign professionals; to evolve indigenous ways of testing of languages proficiency; to make provisions for innovative teaching-learning materials in both print and electronic media; to take appropriate measures for inter-disciplinary studies and research in literary and cultural studies; and to develop critical intercultural understanding of the civilizations 6 the university shall have the following powers, namely: —powers of the university(i) to provide for instructions in the relevant branches of learning and to make provision for the advancement and dissemination of knowledge for furtherance of its objects;(ii) to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;(iii) to organise and to undertake extramural studies, training and extension services;(iv) to confer honorary degrees or other distinctions in the manner prescribed by the statutes;(v) to provide facilities through the distance education system to such persons as it may determine;(vi) to institute principalships, professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other teaching or academic positions;(vii) to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition;(viii) to appoint persons working in any other university or organisation as teachers of the university for a specified period;(ix) to create administrative, ministerial and other posts and to make appointments thereto;(x) to co-operate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine;(xi) to establish, with the prior approval of the central government, such campuses, centres and specialised laboratories or other units for research and instruction, within or outside india, as are, in the opinion of the university necessary for the furtherance of its objects;(xii) to institute and award fellowships, scholarships, studentships, medals and prizes;(xiii) to establish and maintain colleges, institutions and halls; (xiv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary;(xv) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;(xvi) to recognise, guide, supervise and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition;(xvii) to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university;(xviii) to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes;(xix) to determine standards of admission to the university, which may include examination, evaluation or any other method of testing;(xx) to demand and receive payment of fees and other charges; (xxi) to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare;(xxii) to lay down conditions of service of all categories of employees, including their code of conduct;(xxiii) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary;(xxiv) to make arrangements for promoting the health and general welfare of the employees;(xxv) to receive benefactions, donations and gifts and to acquire, hold and manage, and to dispose of, with the previous approval of the central government, any property, movable or immovable, including trust and endowment properties for the purposes of the university;(xxvi) to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university;(xxvii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objectsjurisdiction7 the jurisdiction of the university shall extend to the whole of indiauniversity open to all classes, castes and creeds8 the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof:provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribesthe visitor9 (1) the president of india shall be the visitor of the university(2) the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions maintained by it, and to submit a report thereon; and upon receipt of that report, the visitor may, after obtaining the views of the executive council thereon through the vice-chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions(3) the visitor shall have the right to cause an inspection, to be made by such person or persons as he may direct, of the university, its buildings, libraries, laboratories and equipment and of any college or institution maintained by the university; and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions(4) the visitor shall, in every matter referred to in sub-section (3), give notice to the university of his intention to cause an inspection or inquiry to be made, and the university shall have the right to make such representations to the visitor, as it may consider necessary(5) after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3)(6) where any inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry(7) the visitor may address the vice-chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vice-chancellor shall communicate, to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon(8) the executive council shall communicate through the vice-chancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry(9) where the executive council does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council, issue such directions as he may think fit and the executive council shall comply with such directions(10) without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act, the statutes or the ordinances:provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same(11) the visitor shall have such other powers as may be prescribed by the statutesthe chief rector10 the governor of the state of andhra pradesh shall be the chief rector of the university11 the following shall be the officers of the university,—officers of the university(1) the chancellor; (2) the vice-chancellor; (3) the pro-vice-chancellor;(4) the deans of schools; (5) the registrar;(6) the finance officer; (7) the controller of examinations; (8) the librarian; and (9) such other officers as may be declared by the statutes to be officers of the universitythe chancellor12 (1) the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes(2) the chancellor shall, by virtue of his office, be the head of the university and shall, if present, preside at the convocations of the university held for conferring degrees and meetings of the courtthe vice- chancellor13 (1) the vice-chancellor shall be appointed by the visitor in such manner and on such terms and conditions of service as may be prescribed by the statutes(2) the vice-chancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university(3) the vice-chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority at its next meeting the action taken by him on such matter:provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final:provided further that any person in the service of the university who is aggrieved by the action taken by the vice-chancellor under this sub-section shall have the right to represent against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vice-chancellor(4) the vice-chancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final(5) the vice-chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinancesthe pro- vice- chancellor14 the pro-vice-chancellor shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesthe deans of schools15 every dean of school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutesthe registrar16 (1) the registrar shall be appointed in such manner and on such terms and conditions of service as may be prescribed by the statutes(2) the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutesthe finance officer17 the finance officer shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutes18 the controller of examinations shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the statutesthe controller of examinations the librarian19 the librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesother officers20 the manner of appointment and powers and duties of other officers of the university shall be prescribed by the statutes21 the following shall be the authorities of the university:—(1) the court;authorities of the university(2) the executive council; (3) the academic council; (4) the schools of studies; (5) the finance committee; and(6) such other authorities as may be declared by the statutes to be the authorities of the universitythe court 22 (1) the constitution of the court and the term of office of its members shall be prescribed by the statutes(2) subject to the provisions of this act, the court shall have the following powers and functions, namely:—(a) to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university;(b) to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts;(c) to advise the visitor in respect of any matter which may be referred to it for advice; and(d) to perform such other functions as may be prescribed by the statutes23 (1) the executive council shall be the principal executive body of the universitythe executive council(2) the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutesthe academic council24 (1) the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic policies of the university(2) the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutesthe schools of studies25 the constitution, powers and functions of the schools of studies shall be prescribed by the statutesthe finance committee26 the constitution, powers and functions of the finance committee shall be prescribed by the statutesother authorities27 the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutespowers to make statutes28 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) the constitution, powers and functions of authorities and other bodies of the university, as may be constituted from time to time;(b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;(c) the appointment, powers and duties of the officers of the university and their emoluments;(d) the appointment of teachers, academic staff and other employees of the university, their emoluments and conditions of service;(e) the recognition of persons as recognized teachers; (f) the appointment of teachers, academic staff working in any other university or organisation for a specific period for undertaking a joint project;(g) the conditions of service of employees including provisions for pension, insurance and provident fund, the manner of termination of service and disciplinary action relating to employees of the university;(h) the principles governing the seniority of service of the employees of the university;(i) the procedure for arbitration in cases of dispute between employees or students and the university;(j) the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university;(k) the conferment of autonomous status on a college or an institution or adepartment;(l) the establishment and abolition of schools, departments, centres, halls,colleges and institutions;(m) the grant and withdrawal of recognition to institutions; (n) the conferment of honorary degrees; (o) the withdrawal of degrees, diplomas, certificates and other academicdistinctions;(p) the management of colleges and institutions established by the university; (q) the delegation of powers vested in the authorities or officers of the university;(r) the maintenance of discipline among the employees and students; (s) all other matters which by this act are to be or may be provided for by thestatutes29 (1) the first statutes are those set out in the schedulestatutes how to be made(2) the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (1):provided that the executive council shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council(3) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for re-consideration(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor(5) notwithstanding anything contained in the foregoing sub-sections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection (1), during the period of three years immediately after the commencement of this act:provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament(6) notwithstanding anything contained in the foregoing sub-sections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitablypower to make ordinances30 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely:-(a) the admission of students to the university and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificatesof the university;(c) the medium of instruction and examination;(d) the award of degrees, diplomas, certificates and other academic distinctions, qualifications for the same and the means to be taken relating to the granting and obtaining of the same;(e) the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university;(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;(h) the conditions of residence of the students of the university; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;(j) the manner of co-operation and collaboration with other universities, institutions and other agencies including learned bodies or associations;(k) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university;(l) the institution of fellowships, scholarships, studentships, medals and prizes; (m) the setting up of a machinery for redressal of grievances of employees;and(n) all other matters which by this act or the statutes, are to be or may be, provided for by the ordinances (2) the first ordinances shall be made by the vice-chancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes:provided that till such time as the first ordinances are not so made by the vice-chancellor, in respect of the matters that are to be provided for by the ordinances under this act and statutes, the relevant provisions of the rules and the bye-laws of the central institute of english and foreign languages, hyderabad in force immediately before the commencement of this act shall be applicable in so far as they are not inconsistent with the provisions of this act and the statutesregulations31 the authorities of the university may make regulations, consistent with thisact, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutesannual report32 (1) the annual report of the university shall be prepared under the directions ofthe executive council, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting(2) the court shall submit the annual report to the visitor along with its comments, ifany(3) a copy of the annual report, as prepared under sub-section (1), shall also besubmitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliamentannual accounts33 (1) the annual accounts and balance-sheet of the university shall be preparedunder the directions of the executive council and shall, once at least every year and atintervals of not more than fifteen months, be audited by the comptroller and auditor- general of india or by such persons as he may authorise in this behalf(2) a copy of the annual accounts together with the audit report thereon shall be submitted to the court and the visitor along with the observations of the executive council(3) any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor(4) a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament(5) the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of indiareturns and information34 the university shall furnish to the central government such returns or other information with respect to its property or activities as the central government may, from time to time, requireconditions of service of employees35 (1) every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned(2) any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor(3) the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal26 of 1996(4) every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 1996(5) the procedure for regulating the work of the tribunal shall be prescribed by the statutesprocedure of appeal and arbitration in disciplinary cases against students36 (1) any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vice-chancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vice-chancellor or the committee, as the case may be(2) any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 35 shall, as far as may be, apply to a reference made under this sub-sectionright to appeal37 every employee or student of the university or a college or an institution maintained by the university shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of the principal of any college or an institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed againstprovident and pension funds38 (1) the university shall constitute for the benefit of its employees such providentor pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes19 of 1925(2) where such provident fund or pension fund has been so constituted, the centralgovernment may declare that the provisions of the provident funds act, 1925, shall apply to such fund, as if it were a government provident fund39 if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be finaldisputes as to constitution of university authorities and bodies filling of casual vacancies40 all casual vacancies among the members (other than ex officio members) of anyauthority or other body of the university shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member41 no act or proceedings of any authority or other body of the university shall beinvalid merely by reason of the existence of a vacancy or vacancies among its membersproceedings of university authorities or bodies not invalidated by vacanciesprotection of action taken in good faith42 no suit or other legal proceeding shall lie against any officer or other employee ofthe university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances1 of 1872mode of proof of university record43 notwithstanding anything contained in the indian evidence act, 1872 or in anyother law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the university, or any other document in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of suchreceipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidencepower to remove difficulties44 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, notinconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of three years from the commencement of this act(2) every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order45 (1) every statute, ordinance or regulation made under this act shall be published in the official gazette (2) every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive statutes, ordinances and regulations to be published in the official gazette and to be laid before parliamentsessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation(3) the power to make statutes, ordinances or regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable46 notwithstanding anything contained in this act and the statutes,—transitional provisions(a) the first chancellor and the first vice-chancellor shall be appointed by the central government in such manner and on such conditions as may be deemed fit and each of the said officers shall hold office for such term, not exceeding five years, as may be specified by the central government;(b) the first registrar and the first finance officer shall be appointed by the central government and each of the said officers shall hold office for a term of three years;(c) the first court and the first executive council shall consist of not more than thirty members and eleven members, respectively, who shall be nominated by the central government and shall hold office for a term of three years;(d) the first academic council shall consist of not more than twenty-one members, who shall be nominated by the central government and they shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the central government, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred the schedule (see section 29) the statutes of the universitythe chancellor1 (1) the chancellor shall be appointed by the visitor from a panel of not less than three persons recommended by the executive council from amongst persons of eminence in the academic or public life of the country:provided that if the visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the executive council(2) the chancellor shall hold office for a term of five years and shall not be eligible for re-appointment:provided that notwithstanding the expiry of his term of office, the chancellor shall continue to hold office until his successor enters upon his officethe vice- chancellor2 (1) the vice-chancellor shall be appointed by the visitor from a panel of not less than three persons who shall be recommended by a committee as constituted under clause (2):provided that if the visitor does not approve of any of the persons included in the panel, he may call for an extended or a fresh panel(2) the committee referred to in clause (1) shall consist of three persons, out of whom two shall be nominated by the executive council and one by the visitor and the nominee of the visitor shall be the convener of the committee:provided that none of the members of the committee shall be an employee of the university or a college or an institution maintained by the university or a member of any authority of the university(3) the vice-chancellor shall be a whole-time salaried officer of the university (4) the vice-chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment:provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office:provided further that the visitor may direct any vice-chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him or till his successor is appointed and enters upon his office, whichever is earlier(5) the emoluments and other conditions of service of the vice-chancellor shall be as follows: —(i) the vice-chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the central government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the vice-chancellor in respect of the maintenance of such residence;(ii) the vice-chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the central government from time to time:provided that where an employee of the university, or a college or an institution maintained by, or admitted to the privileges of the university, or of any other university or any college or institution maintained by or admitted to the privileges of such other university, is appointed as the vice-chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the university shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the vice-chancellor:provided further that where such employee had been member of any pension scheme, the university shall make the necessary contribution to such scheme;(iii) the vice-chancellor shall be entitled to traveling allowance at such rates as may be fixed by the executive council;(iv) the vice-chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of january and july every year:provided that if the vice-chancellor assumes or relinquishes charge of the office of the vice-chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service;(v) in addition to the leave referred to in sub-clause (iv), the vice-chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate:provided that when such commuted leave is availed of, twice the amount of halfpay leave shall be debited against half-pay leave due (6) if the office of the vice-chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill-health or any other cause, the pro-vice-chancellor shall perform the duties of the vice-chancellor:provided that if the pro-vice-chancellor is not available, the senior most professor shall perform the duties of the vice-chancellor until a new vice-chancellor assumes office or until the existing vice-chancellor resumes the duties of his office, as the case may be3 (1) the vice-chancellor shall be the ex officio chairman of the executive council, the academic council and the finance committee and shall, in the absence of the chancellor, preside at the convocations held for conferring degrees and at meetings of the courtpowers and duties of the vice- chancellor(2) the vice-chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the university, but shall not be entitled to vote thereat unless he is a member of such authority or body(3) it shall be the duty of the vice-chancellor to see that this act, the statutes, the ordinances and the regulations are duly observed and he shall have all the powers necessary to ensure such observance(4) the vice-chancellor shall have all the powers necessary for the proper maintenance of discipline in the university and he may delegate any such powers to such person or persons as he deems fit(5) the vice-chancellor shall have the power to convene or cause to be convened the meetings of the executive council, the academic council and the finance committee4 (1) the pro-vice-chancellor shall be appointed by the executive council on the recommendation of the vice-chancellor:the pro- vice- chancellorprovided that where the recommendation of the vice-chancellor is not accepted by the executive council, the matter shall be referred to the visitor who may either appoint the person recommended by the vice-chancellor or ask the vice-chancellor to recommend another person to the executive council: provided further that the executive council may, on the recommendation of the vice-chancellor, appoint a professor to discharge the duties of a pro-vice-chancellor in addition to his own duties as a professor(2) the term of office of a pro-vice-chancellor shall be such as may be decided by the executive council but it shall not in any case exceed five years or until the expiration of the term of office of the vice-chancellor, whichever is earlier: provided that a pro-vice-chancellor whose term of office has expired shall be eligible for re-appointment: provided further that, in any case, a pro-vice-chancellor shall retire on attaining the age of sixty-five years: provided also that a pro-vice-chancellor shall, while discharging the duties of the vice-chancellor under clause (6) of statute 2, continue in office notwithstanding the expiration of his term of office as pro-vice-chancellor, until the vice-chancellor resumes office or a new vice-chancellor assumes office, as the case may be(3) the emoluments and other terms and conditions of service of a pro-vice-chancellor shall be such as may be prescribed by the ordinances(4) the pro-vice-chancellor shall assist the vice-chancellor in respect of such matters as may be specified by the vice-chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the vice-chancellordeans of schools5 (1) every dean of school shall be appointed by the vice-chancellor from amongst the professors in the school by rotation in the order of seniority for a period of three years: provided that in case there is only one professor or no professor in a school, the dean shall be appointed, for the time being, from amongst the professor, if any, and the readers in the school by rotation in the order of seniority: provided further that a dean on attaining the age of sixty-two years shall cease to hold office as such(2) when the office of the dean is vacant or when the dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by the senior-most professor or reader, as the case may be, in the school(3) the dean shall be the head of the school and shall be responsible for the conduct and maintenance of the standards of teaching and research in the school and shall have such other functions as may be prescribed by the ordinances(4) the dean shall have the right to be present and to speak at any meeting of the boards of studies or committees of the school, as the case may be, but shall not have the right to vote thereat unless he is a member thereofthe registrar6 (1) the registrar shall be appointed by the executive council on the recommendationof a selection committee constituted for the purpose and shall be a whole-time salaried officer of the university(2) he shall be appointed for a term of five years and shall be eligible for re-appointment(3) the emoluments and other terms and conditions of service of the registrar shall be such as may be prescribed by the executive council from time to time: provided that the registrar shall retire on attaining the age of sixty-two years: provided further that a registrar shall, notwithstanding his attaining the age of sixtytwo years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier(4) when the office of the registrar is vacant or when the registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(5) (a) the registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other academic staff, as may be specified in the order of the executive council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(b) an appeal shall lie to the vice-chancellor against any order of the registrar imposing any of the penalties specified in sub-clause (a)(c) in a case where the inquiry discloses that a punishment beyond the power of the registrar is called for, the registrar shall, upon the concluding of the inquiry, make a report to the vice-chancellor along with his recommendations: provided that an appeal shall lie to the executive council against an order of the vice-chancellor imposing any penalty(6) the registrar shall be the ex officio secretary of the executive council, the academic council and the college development council, but shall not be deemed to be a member of any of these authorities and he shall be the ex officio member-secretary of the court(7) it shall be the duty of the registrar—(a) to be the custodian of the records, the common seal and such other property of the university as the executive council shall commit to his charge;(b) to issue all notices convening meetings of the court, the executive council, the academic council, the college development council and of any committees appointed by those authorities;(c) to keep the minutes of all the meetings of the court, the executive council, the academic council, the college development council and of any committees appointed by those authorities;(d) to conduct the official correspondence of the court, the executive council, the academic council and the college development council;(e) to supply to the visitor copies of the agenda of the meetings of the authorities of the university as soon as they are issued and the minutes of such meetings;(f) to represent the university in suits or proceedings by or against the university, sign powers of attorney and verify pleadings or depute his representative for the purpose; and(g) to perform such other duties as may be specified in the statutes, the ordinances or the regulations or as may be required from time to time by the executive council or the vice-chancellorthe finance officer7 (1) the finance officer shall be appointed by the executive council on the recommendations of a selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) the finance officer shall be appointed for a term of five years and shall be eligible for re-appointment (3) the emoluments and other terms and conditions of service of the finance officer shall be such as may be prescribed by the executive council from time to time: provided that the finance officer shall retire on attaining the age of sixty-two years: provided further that the finance officer shall, notwithstanding his attaining the age of sixty-two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier(4) when the office of the finance officer is vacant or when the finance officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(5) the finance officer shall be the ex officio secretary of the finance committee, but shall not be deemed to be a member of such committee(6) the finance officer shall—(a) exercise general supervision over the funds of the university and shall advise it as regards its financial policy; and(b) perform such other financial functions as may be assigned to him by the executive council or as may be prescribed by the statutes or the ordinances (7) subject to the control of the executive council, the finance officer shall—(a) hold and manage the property and investments of the university including trust and endowed property;(b) ensure that the limits fixed by the executive council for recurring and nonrecurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;(c) be responsible for the preparation of annual accounts and the budget of the university and for their presentation to the executive council;(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;(e) watch the progress of the collection of revenue and advise on the methods of collection employed;(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, departments, university, institutes, centres and specialised laboratories;(g) bring to the notice of the vice-chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and(h) call for from any office, department, centre, laboratory, college or institution maintained by the university any information or returns that he may consider necessary for the performance of his duties (8) any receipt given by the finance officer or the person or persons duly authorised in this behalf by the executive council for any money payable to the university shall be sufficient discharge for payment of such moneythe controller of examinations8 (1) the controller of examinations shall be appointed by the executive council on the recommendations of a selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university (2) the controller of examinations shall be appointed for a term of five years and shall be eligible for re-appointment (3) the emoluments and other terms and conditions of service of the controller of examinations shall be such as may be prescribed by the executive council from time to time: provided that the controller of examinations shall retire on attaining the age of sixtytwo years: provided further that the controller of examinations shall, notwithstanding his attaining the age of sixty-two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier (4) when the office of the controller of examinations is vacant or when the controller of examinations is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice- chancellor may appoint for the purpose (5) the controller of examinations shall arrange for and superintend the examinations of the university in the manner prescribed by the ordinancesthe librarian9 (1) the librarian shall be appointed by the executive council on the recommendations of the selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university (2) the librarian shall exercise such powers and perform such duties as may be assigned to him by the executive councilthe court10 (1) an annual meeting of the court shall be held on a date to be fixed by the executive council unless some other date has been fixed by the court in respect of any year (2) at the annual meeting of the court, a report on the working of the university during the previous year, together with a statement of the receipts and expenditure, the balance sheet as audited, and the financial estimates for the next year shall be presented (3) a copy of the statement of receipts and expenditure, the balance sheet and the financial estimates referred to in clause (4) shall be sent to every member of the court at least seven days before the date of the annual meeting (4) special meetings of the court may be convened by the executive council or the vice-chancellor or if there is no vice-chancellor, the pro-vice-chancellor or if there is no pro-vice-chancellor, by the registrar (5) eleven members of the court shall form a quorum for a meeting of the courtthe executive council11 seven members of the executive council shall form a quorum for a meeting of the executive council12 (1) the executive council shall have the power of management and administration of the revenues and property of the university and the conduct of all administrative affairs of the university not otherwise provided forpowers and functions of the executive council(2) subject to the provisions of the act, the statutes and the ordinances, the executive council shall, in addition to all other powers vested in it, have the following powers, namely:—(i) to create teaching and other academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of professors, readers, lecturers and other academic staff: provided that no action shall be taken by the executive council in respect of the number and qualifications of teachers and other academic staff otherwise than after consideration of the recommendations of the academic council; (ii) to appoint such professors, readers, lecturers and other academic staff, as may be necessary, and the directors of university, institutes and heads of independent centres on the recommendation of the selection committee constituted for the purpose and to fill up temporary vacancies therein;(iii) to recognise persons as university recognised teachers in the manner prescribed by the ordinances;(iv) to create administrative, ministerial and other necessary posts (including chairs) and to make appointments thereto in the manner prescribed by the ordinances;(v) to grant leave of absence to any salaried officer of the university other than the vice-chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence; (vi) to regulate and enforce discipline among employees in accordance with the statutes and the ordinances;(vii) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the university and for that purpose to appoint such agents as it may think fit;(viii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the finance committee;(ix) to invest any money belonging to the university, including any unapplied income, in such stocks, funds, share or securities, from time to time as it may think fit or in the purchase of immovable property in india, with the like powers of varying such investment from time to time;(x) to transfer or accept transfers of any movable or immovable property on behalf of the university;(xi) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the university;(xii) to enter into, vary, carry out and cancel contracts on behalf of the university;(xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the university who may, for any reason, feel aggrieved;(xiv) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the academic council;(xv) to select a common seal for the university and provide for the custody and use of such seal;(xvi) to make such special arrangements as may be necessary for the residence and discipline of women students;(xvii) to institute fellowships, scholarships, studentships, medals and prizes; (xviii) to provide for the appointment of visiting professors, emeritus professors, consultants and scholars and determine the terms and conditions of such appointments; and (xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the act or the statutesthe academic council13 nine members of the academic council shall form a quorum for a meeting of the academic council14 subject to the provisions of the act, the statutes and the ordinances, the academic council shall, in addition to all other powers vested in it, have the following powers, namely:—powers and functions of the academic council (a) to exercise general supervision over the academic policies of the university and to give directions regarding methods of instruction, co-ordination of teaching among the colleges and the institutions, evaluation of research and improvement of academic standards;(b) to bring about and promote inter-school co-ordination and to establish or appoint such committees or boards as may be deemed necessary for the purpose;(c) to consider matters of general academic interest either on its own initiative, or on a reference by a school or the executive council, and to take appropriate action thereon; and(d) to frame such regulations and rules consistent with the statutes and the ordinances regarding the academic functioning of the university, discipline, residence, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance15 (1) the university shall have such schools of studies as may be specified in the statutesschools of studies and departments (2) every school shall have a school board and the members of the first school board shall be nominated by the executive council for a period of three years (3) the composition, powers and functions of a school board shall be prescribed by the ordinances (4) the conduct of the meetings of a school board and the quorum required for such meetings shall be prescribed by the ordinances (5) (a) every school shall consist of such departments as may be assigned to it by the ordinances: provided that the executive council may, on the recommendation of the academic council, establish centres of studies to which may be assigned such teachers of the university as the executive council may consider necessary(b) each department shall consist of the following members, namely:—(i) teachers of the department; (ii) persons conducting research in the department; (iii) dean of the school; (iv) honorary professors, if any, attached to the department; and (v) such other persons as may be members of the department in accordance withthe provisions of the ordinances16 (1) each department shall have a board of studiesboards of studies (2) the constitution of the board of studies and the term of office of its members shall be prescribed by the ordinances (3) subject to the overall control and supervision of the academic council, the functions of a board of studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned school board in the manner prescribed by the ordinances —(a) courses of studies and appointment of examiners for courses, but excluding research degrees;(b) appointment of supervisors for research; and (c) measures for the improvement of the standard of teaching and research: provided that the above functions of a board of studies shall, during the period of three years immediately after the commencement of the act, be performed by the department17 (1) the finance committee shall consist of the following members, namely:-the finance committee(i) the vice-chancellor; (ii) the pro-vice-chancellor; (iii) three persons to be nominated by the executive council, out of whom at least one shall be a member of the executive council; and(iv) three persons to be nominated by the visitor(2) five members of the finance committee shall form a quorum for a meeting of the finance committee(3) all the members of the finance committee, other than the ex officio members, shall hold office for a term of three years(4) a member of the finance committee shall have the right to record a minute of dissent if he does not agree with any decision of the finance committee(5) the finance committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure(6) all proposals relating to creation of posts, and those items which have not been included in the budget, shall be examined by the finance committee before they are considered by the executive council(7) the annual accounts and the financial estimates of the university prepared by the finance officer shall be laid before the finance committee for consideration and comments and thereafter submitted to the executive council for approval(8) the finance committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university (which, in the case of productive works, may include the proceeds of loans)selection committees18 (1) there shall be selection committees for making recommendations to the executive council for appointment to the posts of professor, reader, lecturer, registrar, finance officer, librarian and principals of colleges and institutions maintained by the university (2) the selection committee for appointment to the posts specified in column 1 of the table below shall consist of the vice-chancellor, a nominee of the visitor and the persons specified in the corresponding entry in column 2 of the said table:| 1 | 2 ||-------------------------------------------|-----|| professor | ( || i | || ) the dean of the school | || ( | || ii | || ) the head of the department | || ( | || iii | || ) three persons not in the service of the | || university, nominated by the executive | || council, out of a panel of names | || recommended by the academic council | |2for their special knowledge of, or interest in, the subject with which the professor will be concernedreader/lecturer (i) the head of the department(ii) one professor nominated by the vice-chancellor(iii) two persons not in the service of theuniversity, nominated by the executive council, out of a panel of names recommended by the academic council for their special knowledge of, or interest in, the subject with which the reader/lecturer will be concernedregistrar/ (i) two members of the executive councilfinance officer/nominated by itcontroller of examinations(ii) one person not in the service of theuniversity nominated by the executive councillibrarian(i) two persons not in the service of theuniversity who have special knowledge of the subject of the library science/ library administration nominated by the executive council(ii) one person not in the service of theuniversity nominated by the executive councilprincipal of college or institutionthree persons not in the service of themaintained by the universityuniversity of whom two shall be nominated by the executive counciland one by the academic council for their special knowledge of, or interest in, a subject in which instruction is being provided by the college orinstitutionnote 1 where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the head of the department concerned note 2 the professor to be nominated by the vice-chancellor shall be a professor concerned with the speciality for which the selection is being made and the vice- chancellor shall consult the head of the department and the dean of school before nominating the professor (3) the vice-chancellor, or in his absence the pro-vice-chancellor, shall convene and preside at the meeting of the selection committee: provided that the meeting of the selection committee shall be fixed after prior consultation with, and subject to the convenience of visitor's nominee and the experts nominated by the executive council : provided further that the proceedings of the selection committee shall not be valid unless, —(a) where the number of visitor's nominee and the persons nominated by the executive council is four in all, at least three of them attend the meeting; and(b) where the number of visitor's nominee and the persons nominated by the executive council is three in all, at least two of them attend the meeting (4) the procedure to be followed by the selection committee shall be laid down in the ordinances (5) if the executive council is unable to accept the recommendations made by the selection committee, it shall record its reasons and submit the case to the visitor for final orders (6) appointments to temporary posts shall be made in the manner indicated below— (i) if the temporary vacancy is for duration longer than one academic session, it shall be filled on the advice of the selection committee in accordance with the procedure indicated in the foregoing clauses: provided that if the vice-chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local selection committee referred to in sub-clause (ii) for a period not exceeding six months (ii) if the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local selection committee consisting of the dean of the school concerned, the head of the department and a nominee of the vice-chancellor: provided that if the same person holds the offices of the dean and the head of the department, the selection committee may contain two nominees of the vice- chancellor: provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, the dean may, in consultation with the head of the department concerned, make a temporary appointment for a month and report to the vice-chancellor and the registrar about such appointment (iii) no teacher appointed temporarily shall, if he is not recommended by a regular selection committee for appointment under the statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local selection committee or a regular selection committee, for a temporary or permanent appointment, as the case may bespecial mode of appointment19 (1) notwithstanding anything contained in statute 18, the executive council may invite a person of high academic distinction and professional attainments to accept a post of professor or any other equivalent academic post in the university on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post (2) the executive council may appoint a teacher or any other academic staff workingin any other university or organisation for undertaking a joint project in accordance with the manner laid down in the ordinancesappointment for a fixed tenure20 the executive council may appoint a person selected in accordance with theprocedure laid down in statute 18 for a fixed tenure on such terms and conditions as it deems fitr e c o g n i s e d teachers21 (1) the qualifications of recognised teachers shall be such as may be prescribedby the ordinances(2) all applications for the recognition of teachers shall be made in such manner as may be laid down by the ordinances(3) no teacher shall be recognized as a teacher except on the recommendation of a selection committee constituted for the purpose in the manner laid down in the ordinances(4) the period of recognition of a teacher shall be determined by the ordinances made in that behalf(5) the academic council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher:provided that no such resolution shall be passed until notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them have been considered by the academic councilcommittees22 (1) any authority of the university may appoint as many standing or special committees as it may deem fit, and may appoint to such committees persons who are not members of such authority(2) any committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it23 (1) all the teachers and other academic staff of the university shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulations| terms | and ||------------------|-------|| conditions of | || service | and || code of conduct | || of the teachers, | || etc | |(2) the emoluments of members of the academic staff shall be such as may be prescribed by the ordinances(3) every teacher and other member of the academic staff of the university shall be appointed on a written contract, the form of which shall be prescribed by the ordinances(4) a copy of every contract referred to in clause (3) shall be deposited with the registrar24 (1) all the employees of the university, other than the teachers and other academic staff, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulationsterms and conditions of service and code of conduct of other employees(2) the manner of appointment and emoluments of employees, other than the teachers and other academic staff, shall be such as may be prescribed by the ordinancesseniority list25 (1) whenever, in accordance with the statutes, any person is to hold an office or be a member of an authority of the university by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the executive council may, from time to time, prescribe(2) it shall be the duty of the registrar to prepare and maintain in respect of each class of persons to whom the provisions of these statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1)(3) if two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the registrar may, on his own motion and shall, at the request of any such person, submit the matter to the executive council whose decision thereon shall be final| removal ||-----------------|| employees of || the university |26 (1) where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the university, the vice-chancellor, in the case of the teacher or a member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the executive council the circumstances in which the order was made: provided that the executive council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order (2) notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the executive council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct (3) save as aforesaid, the executive council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice or on payment of three months' salary in lieu thereof (4) no teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him (5) the removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made: provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension (6) notwithstanding anything contained in the foregoing provisions of this statute, a teacher, member of the academic staff or other employee may resign —(a) if he is a permanent employee, only after giving three months' notice in writing to the executive council or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof;(b) if he is not a permanent employee, only after giving one month's notice in writing to the executive council or, as the case may be, the appointing authority or by paying one month's salary in lieu thereof:provided that such resignation shall take effect only on the date on which the resignation is accepted by the executive council or the appointing authority as the case may behonorary degrees27 (1) the executive council may, on the recommendation of the academic counciland by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the visitor for the conferment of honorary degrees: provided that in case of emergency, the executive council may, on its own motion,make such proposals (2) the executive council may, by a resolution passed by a majority of not less thantwo-thirds of the members present and voting, withdraw, with the previous sanction of the visitor, any honorary degree conferred by the universitywithdrawal of degrees, etc28 the executive council may, by a special resolution passed by a majority of notless than two-thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the university for good and sufficient cause:provided that no such resolution shall be passed until a notice in writing has beengiven to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the executive council29 (1) all powers relating to the maintenance of discipline and disciplinary action in relation to the students of the university shall vest in the vice-chancellormaintenance of discipline amongst students of the university(2) there shall be a proctor of the university to assist the vice-chancellor in the exercise of the powers referred to in clause (1), who shall be appointed by the executive council from amongst the professors and readers in the manner prescribed by the ordinances(3) the vice-chancellor may delegate all or any of the powers referred to in clause (1), as he deems proper, to the proctor and to such other officers as he may specify in this behalf(4) without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the vice-chancellor may, in exercise of such powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted to a course or courses of study in a college, institution or department or a school of the university for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the university, college, institution or department or a school for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled(5) the principals of college, institutions, deans of schools of studies and heads of teaching departments in the university shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions, schools and teaching departments in the university, as may be necessary for the proper conduct of such colleges, institutions, schools and teaching departments(6) without prejudice to the powers of the vice-chancellor and the principal and other persons specified in clause (5), detailed rules of discipline and proper conduct shall be made by the university(7) the principals of college, institutions, deans of schools of studies and heads of teaching departments in the university may also make such supplementary rules as they deem necessary for the purposes stated therein(8) at the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the vice-chancellor and other authorities of the universityconvocations30 convocations of the university for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the ordinancesacting chairman of meetings31 where no provision is made for a president or chairman to preside over a meeting of any authority of the university or any committee of such authority or when the president or chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meetingresignation32 any member, other than an ex officio member, of the court, the executive council, the academic council or any other authority of the university or any committee of such authority may resign by letter addressed to the registrar and the resignation shall take effect as soon as such letter is received by the registrardisqualification33 (1) a person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the university—(i) if he is of unsound mind; (ii) if he is an undischarged insolvent; (iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months (2) if any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision34 notwithstanding anything contained in the statutes, a person who is not ordinarily resident in india shall not be eligible to be an officer of the university or a member of any authority of the universityresidence condition for membership and officemembership of authorities by virtue of membership of other bodies35 notwithstanding anything contained in the statutes, a person who holds any post in the university or is a member of any authority or body of the university in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be36 (1) there shall be an alumni association for the universityalumni association (2) the subscription for membership of the alumni association shall be prescribed by the ordinances (3) no member of the alumni association shall be entitled to vote or stand for election unless he has been a member of the association for at least one year prior to the date of election and is a degree holder of the university of at least five years standing: provided that the condition relating to the completion of one year's membership shall not apply in the case of the first electionstudents council37 (1) there shall be constituted in the university, a students' council for every academic year, consisting of –(i) the dean of students' welfare who shall be the chairman of the students'council;(ii) all students who have won prizes in the previous academic year in the field of studies, fine arts, sports and extension work;(iii) twenty students to be nominated by the academic council on the basis of merit in studies, sports, activities and all round development of personality: provided that any student of the university shall have the right to bring up any matter concerning the university before the students' council if so permitted by the chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration (2) the functions of the students' council shall be to make suggestions to the appropriate authorities of the university in regard to the programmes of studies, students' welfare and other matters of importance, in regard to the working of the university in general and such suggestions shall be made on the basis of consensus of opinion (3) the students' council shall meet at least once in an academic year preferably in the beginning of that yearordinances how made38 (1) the first ordinances made under sub-section (2) of section 30 may be amended,repealed or added to at any time by the executive council in the manner specified in the following sub-sections(2) no ordinance in respect of the matters enumerated in sub-section (1) of section 30shall be made by the executive council unless a draft of such ordinance has been proposed by the academic council(3) the executive council shall not have power to amend any draft of any ordinance proposed by the academic council under clause (2), but may reject the proposal or return the draft to the academic council for re-consideration, either in whole or in part, together with any amendment which the executive council may suggest(4) where the executive council has rejected or returned the draft of an ordinance proposed by the academic council, the academic council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the academic council, the draft may be sent back to the executive council which shall either adopt it or refer it to the visitor whose decision shall be final(5) every ordinance made by the executive council shall come into effect immediately(6) every ordinance made by the executive council shall be submitted to the visitor within two weeks from the date of its adoption(7) the visitor shall have the power to direct the university to suspend the operation of any ordinance(8) the visitor shall inform the executive council about his suspending the ordinance referred to in clause (7) and may, after receiving the comments of the university, either withdraw the order suspending the ordinance or disallow the ordinance, and his decision shall be finalregulations39 (1) the authorities of the university may make regulations consistent with the act, the statutes and the ordinances for the following matters, namely:-(i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;(ii) providing for all matters which are required by the act, the statutes or the ordinance to be prescribed by regulations;(iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the act, the statutes or the ordinances (2) every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings (3) the executive council may direct the amendment in such manner as it may specify of any regulation made under the statutes or the annulment of any such regulationdelegation of powers 40 subject to the provisions of the act and the statutes, any officer or authority of the university may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers statement of objects and reasonsthe central institute of english and foreign languages, hyderabad, a society registered under the hyderabad societies registration act, 1350 (fasli) is a premier institution of the country for the study of english and major foreign languages in july, 1973, it was declared as an institution deemed to be a university under section 3 of the university grants commission act, 19562 with the advent of globalization and opening of world economics, the mobility of people of all walks of life, across international boundaries, has phenomenally increased during the recent years resulting into added pressure on the institutions offering foreign language courses world over the responsibilities of the central institute of english and foreign languages, hyderabad have also increased manifold on this count and it would require greater autonomy for discharging its added responsibilities at the same time it needs to be more accountable and transparent in its functioning both these requirements may be met by conferring on it the status of a full-fledged central university3 it is proposed in this bill to establish and incorporate the central institute of english and foreign languages university at hyderabad as a central university and dissolve the central institute of english and foreign languages, hyderabad society, hyderabad4 the bill seeks to achieve the above objectivesarjun singhnew delhi;the 21st february, 2006 financial memorandumclause 3(l) of the bill provides for establishment of a university in the state of andhra pradesh as a body corporate by the name of the central institute of english and foreign languages university the financial requirement of the university is estimated at rs475 crore (non-recurring) and rs1100 crore per annum (recurring) the expenditure would be met from the consolidated fund of india through the budgetary provision under the department of secondary and higher education, ministry of human resource development memorandum regarding delegated legislationclause 29 of the bill provides that the first statutes are those set out in the schedule to the bill it also empowers the executive council of the university to make new or additional statutes or to amend or repeal the statutes of the university subject to the assent of the visitor sub-clause (5) of the aforesaid clause empowers the visitor also to make new or additional statutes or amend or repeal the statutes of the university during the period of three years immediately after the commencement of the act sub-clause (6) further empowers the visitor to direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such directions within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably the matters in respect of which the executive council and the visitor may make, amend or repeal statutes include the constitution, powers and functions of the authorities and other bodies of the university, the appointment of officers and teachers of the university, the conditions of service of employees of the university and other such matters2 sub-clause (2) of clause 30 of the bill empowers the vice-chancellor to make the first ordinances of the university with the previous approval of the central government and provides that the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes the matters in respect of which ordinances may be made, or as the case may be, amended, repealed or added to, relate to admission of students, courses of study, medium of instruction and examination, the manner of co-operation and collaboration with other universities, institutions and other agencies, the setting up of a machinery for redressal of grievances of employees and other such matters3 clause 31 of the bill enables the authorities of the university to make regulations, consistent with the act, the statutes and the ordinances, for the conduct of their own business and that of the committees appointed by them and also for such matters as may be prescribed by the statutes or ordinances4 clause 44 empowers the central government, by order, to remove certain difficulties, which may appear to be necessary or expedient and such an order is not to be made after the expiry of a period of three years from the commencement of the act and that such order shall be laid before each house of parliament5 clause 45 provides that every statute, ordinance or regulation shall be published in the official gazette and every order, statute, ordinance or regulation made under the act shall be laid before each house of parliament6 the matters for which the statutes, ordinances or regulations may be made pertain to matters of procedure or detail and it is not possible to provide for them in the bill the delegation of legislative powers is, therefore, of a normal character———— a billto establish and incorporate a teaching university for promotion and development of english and other foreign languages and their literature, and to provide for matters connected therewith or incidental thereto————(shri arjun singh, minister of human resource development)mgipmrnd—30rs—07042006on the 20th march, 2006 bill no xxvi of 2006 the central institute of english and foreign languages university bill, 2006———— arrangement of clauses———— clauses1short title and commencement2definitions3establishment of the university4dissolution of the central institute of english and foreign languages hyderabadsociety and transfer of all the property to the university and effect of establishment of the university5objects of the university6powers of the university7jurisdiction8university open to all classes, castes and creeds9visitor10chief rector11officers of the university12chancellor13vice-chancellor14pro-vice-chancellor15deans of schools16registrar17finance officer18controller of examinations19librarian20other officers21authorities of the university22court23executive council24academic council25schools of studies26finance committee27other authorities28powers to make statutes29statutes, how to be made30power to make ordinances clauses31regulations32annual report33annual accounts34returns and information35conditions of service of employees36procedure of appeal and arbitration in disciplinary cases against students37right to appeal38provident and pension funds39disputes as to constitution of authorities and bodies40filling of casual vacancies41proceedings of authorities or bodies not invalidated by vacancies42protection of action taken in good faith43mode of proof of university record44power to remove difficulties45statutes, ordinances and regulations to be published in the official gazette and to be laid before parliament46transitional provisionsthe schedule

Parliament_bills

8b440dbd-ab04-5ae2-b5b4-d2c5f1fe3f2b

--,,",;,,,",,,l_"'9v"·--• u;w~ corrigenda tothe metal corporation ,of india (acquisi tion of undertaking) bill, 1 g66 (to be/as 1ntroduoed in lok sabha) ! 1 page 4, line 2, m "for" read "or" 2 page 4,'!2!: _11ne:~, read rtprovided;'that if the alteration t' -" : , ~" t,;'" , 1, ,so made is not ,~ce~ptable to, any" - -' -; -: " --: -,': ~ ::~: ~: 3 pagec, line 9·~tor trcompnsation" rasa' ~lcompensat1onr ", , - ' , ' ~ -"" 4 page ft, lines '9 and 10, ~ "undr-takinglt read "undertaking" 5 page 9 line 1 atter "may be" ~'it" read ifit " --' " '~ page 9, line ,22, m iipurpoting" read' ttpurporting" 7 - correct line numbers on pages" 4 and 7 ,:" ~~: , new delhi·' nevember z, 1966' kartlka 11, 1888 ($pka) ~~ : :', nov l~bb, ' bw ,he' 73' 61196' the metal corporation of india" (acqulsitio}lf ~i: , of undertahing)bill,i96(sfi",l "qf::' "~ - ' ~: r:\ ;'; i ' r~ ' •• 'x (o~~tso~ r:""r" _ ,r, blllta p7'ovide for the acquirition of tu undertaking of the metal corpo7'ation of india limited for the p"",o,e t1f eublitag the cen-ual government in the public inte7'ebt to e~loit, to the fullm extent possible, zinc and lead deposits in and a7'ound the zawar area in the state of ra;4bth4f1 lind to utilise thoae minerall in " such" manne7' as to subserve the common good be it enacted by parliament in the seventeenth year of the republic of india as follows:- chapter i prnt'minary " 1 (1) thi~ ~c~ may ~e called th~ metal corporation of india shari title idd _, (acquisition of undertaking) act, 1966 l eaja1imd-cllllaldt (2) it shall be deemed to have come into force on the 22nd day of october, 1965, except section 17 which shall be deemed to have come into force on the 13th day of september, 1966 definitions z in this act, unless the context otherwise requires,-(a) "administrator" means an administrator appointed 5 under section 13; (b) "commencement of this act" means the 22nd day of october, 1965; (c) "company" or "the metal corporation of india" means the metal corporation of india limited, being a company as 10 defined in the companies act, 1956, having its registered office at calcutta; (d) "tribunal" -means the tribunal constituted under section 11; (e) words and expressions used but not defined in this act is and defined in the companies act, 1956, shall have the meanings 1 respectively assigned to them in that act chapi'er ii aoqoitiluon -or the undertaking of the metal corporation of india_2 on fiae 22nd ·day of october 1965, the undertaking of the_ ~om· pany shall, ,by virtue of this act, be deemed to }lave been transferred to, and vested in, the central government underjlk· ini of company to vest in central government geneml effect ,ot vesting under section 9 ·4 '(1) "the wmlerta'king of tile eempally "hall he teemed to clwale all aaets ri~hts, leaseholds (in~ladine' miaingleases if any), powers wiifdioritiew ad driviler~ all4j andntlertv~ liio:vah1e and 'iinn vtfme i'tm4hine- lands, 'btil1diwe's wm'k,miftm work"ho, proiects sjrelften 'i"e'finer1e5, s~ instnjlrents, _~h"'erv, yocomojives automobiles alld other vehldes, mined or extract" zinc: or leai1 ore~, concentrates and metals ba proeea or in tm'k ij~ bi tran~it cash balan('es cash on hand reserve fund, inve:cimelils and book debt\; and r 11 oth~r rie1lftl -jdui inte~ts ari!dnlc out of ~h property as were immediatelv ·1tefere the commencement of this i\d ,10 in the ownershiu dos~cion, power or control of the comnany fa - reldlon to the underta'khllc wbether within or wiflloot i~ all book~ of accolj11t, resnstet'st maps" plan~, ~tions,'drawlnp, _ of survey and au oth(!t d9c1j]ljents 91 whatever nature re atlll,~ tmet~ andl sballi ajiao b& deem_ to ilklade· au ,~ iia~ obmptiks- of wbatev thea sid ef , " ib· relation to tjae muhwntkift,; : ' ,_ (4) ali p~ ineludat- a& afopeb: in- tbe-11iltferthine' wu:h s _ ~ia ",cedtral& g~t antler sedl8ll 3' shad; by fotte"-06~: 1\ be-beed ami discharged hem any tnsts, o~ idoj'tgages, ~ iie- andl 0 eaddn_uees a&ectidg it, iiiui- a -mat, illjaacti 9p ab7' d8e'l'ee-oi" 0i"tifr of a-evart estrittl ing the use of such property in any manner shaii,-, deemed - ,iurte-10 been withdrawn (3) subject t the othir- dl'ovisions con"'" , ~ ~ alii tmcts and; workida; arzallfd'lii8ilf& wwch an suljsis~ i-wi;, before the co:nun-mrient of thisht affbatbw die· n p "-'f8 shall, in so far as they relate to the undertaking of the company~· i~ c tabarire •• v 'be> iillfsreajlie ag th· eoalpatiy"or adji ,,"&oj w __ 01' tia ~ tie- perf81ift&1i'w tfieteul'l ami shall be oi fujl· lire act eftci acaidst- or iir- firrollt' ~ ~v c qouuiwi 8jldi enfwuftb1a-as1wi7 antp efla-taauy· ass if: __ of tim: campa, ~j goftl"lullellt bet beeir- name,d' 20: therein or had b8e1118& par die_~· "' ' (4) subject to 'the other provisions contained in this act,-8d¥ p~ or cause of" action pending or existing immediatet, bef the commencement of' tills act by or apinst the c0idp8d7 id relatioa 10' itr 1ljidm1akibg may, as from such codudellcelllet" he cooti~~_ 2s aod'enfbned by or agaidst tlie central government as ~t nii •• hap: been enforced,'}'y or against the complldj if this ad had dot bmtd;-pissecp,' add-siail cease to be enf~rceabl b~ or ,inst the comla;'!', its surety or guarantor ' 5: (7} ~ery of'iieer or other employee of the compan~ (excepd a·provl~lodtl ~o director or any managerial personnel specified in sectioal97a o£respectffi,-the companies act, 1956, or any other gehon entjtjed·to,mlulal'e the of!f:::_ whole or a substantial part of the business of the company under a :~oyee, so-ial ~t) in the employment of the eompan, imiiledia~ly of the befo tlla congdlldcemeat:" this-alets stll, in se-far-azr s1rh'empiuy_ company; 35, isempioj'edl id codnooil with th& atlairs of ~ 1ijitiertbiddg'of" compbdy~ me 88· fl'gld1 sua commedcemell~ ad ofiicer or' other' emgl05ee, u the· case ~ be, of the- central goetnment met shall holdt jua oliot br ti- same t8llul'e, at the same remuneration ~ ~ p1hi18id'sr 88, t pen-eml &dill ~u: an~ other matters as he woolii' \ ujod: the taiims anr conditions and with the· same rights- anti' - t, liave held undee 1iie 'o_r' ii' thiio act ""'" - '- _ •• r shall continue to do so unless and until his employment in tbe cen tral government is terminated for until his remuderation, tenp and conditions are duly altered by the central govemmeat: provided further that nothing con1ained in this section shall apply such ~fficer or s,nployee, his employment may be terminated by the s central' government on payment to him by the central government of compensation equivalent to three months' nmuneration in the ~&e of permanent employees, and one month's remuneration in the case of other employees: provided further that nothing contained in this section shall apply 10 to any officer or other employee who has, by notice in writing given to the central government within thirty days next followin the commencement of this act, in'timated his intention of not becoming an officer or other employee of the central govemmeni , , (2) notwithstanding anything contained in the industrial dis- is putes act, 1947, or in any other law for the time beidg in toree, the 141 f transfer of the services of any otlicer or other employee of the 0 ," ' company shall dot entitle any such otlicer or, employee to any eom-pensation liiider that act' or other law, and do sam claim shad be entertained by ani court, trib1lllb1 or other authorit, ' 20 being in force, no director oj" managerial personnel specified in section 197 a of the companies act, 1956, or other person 'entitled tp manage the whole or a substantial part of the business and affairs 10ft 6 notwithstanding anything contained in any law for the time directors and man· aging agents not entitled to com, penaticm of the company under a special agreement shall be entitled to any 2s compensation against the company or the central government for ' the loss of office or for the premature termination of any contract of management entered 'into by him with the company 7 (1) where any property has vested in the central go~mment ~~to under section 3, ev~ry' ;p8rson in whose possession or custody or 3 } , possesalon under' whose control' the' property may be, shall deliver the property ,9' proto the central government forthwith )perty acquired and documents relating thereto (2) any person who, on the commencement of this act, has in his possession or under his control any books, documents or other papes relating to the' company which' have vested in the central 35 government under this act and which belong to the company or would have so belonged if the undertaking of the company had not vested in the central government shall be liable to account for the said books, documents and papel'8 to the central government and shall deliver them up to the central government or to such ~rsod 40 as the central government may specify in this behalf (3) the central government may take all necessary steps for securing possession of all properties which have vested in that government under section 3 8 the company, shall, within such period as the central govern- ~ty to ' i 5 ment may allow in this behalf, furnish to that government a complete f~h inventory of all the properties and assets (including particulars of r:~cubook debts and investments and belongings) of the company at the commencement of this act, all liabilities and obligations of the company subsisting at such commencement and also of all 10 agreements entered into by the company and ~ force on such commencement including agreements, whether express or implied, relating to leave, pension, gratuity and other terms of service of any officer or other employee of the company under which, by virtue of this act, the central government has, or will 15 have, or may bave, liabilities except such agreements as that gov-, • emment 'may exclud~ from the operation of this section, and far ~ this purpose;theceptr81 government shall afford the company all reasonable facilities • (1) where it appears to the central government that the right ot 20 making of any agreement under which the company has or will have governor may have liabilities was not reasonably necessary for the pur- :e~ poses of the activities of the company or has not been entered into claim in good faith, the central government may, within two years from c~ the commencement of this act, apply to the tribunal for relief from agree:- ' ' 25 the agreement and the tribunal, if satisfied after making such inquiry ments , in the matter as it thinks fit that the agreement was not reasonably necessary for the purposes of the activities of the compaj1l"'ot wi' nqt beeq entej;ecljnto in good faith, may make an ordet cahee1l1ng " " - or vlrying the agreement on such terms as it may think fit to tmpoae 30 ~d the ~entrshall thereupon have e1fect accordingly (2) all the parties to the agreement which is sought to be cancelled or varied under this section shall be made parties to the _ proceeding 10 (1) the central government shall pay compensation to the compen 35 company for the acquisition of the uddertalrin~ of the company and sation such eojdpensation shall be determined ill accordance with the for uial principles sp~cified in the schedule and in the manner hereinafter~: set oat, that is to say,-ot under-(4) where the amount of compensatiod can be hed),y tajdnl " _ ~~t, it ~ be de~~d ill accordance with iiicb &pee-jiidd;' (-b) where do such agreement can be reachect, the central goveulluent shall refer the mat1er to the tribunal witbin a period of three months from the date oil which tile central government and ·the company f~il to reach ad agreeatent reprding th- 8iiloiiiit 01' eompedsbtton (2) netwitfistaddldg tljat separate valuations are calculated under the-pllinc:i speeifted-in, tiie sthedule in respect or the sevcl af matters 1'8 to- therein, the amount of compensation to be given slialt be· deem~ to he· a single compnsation to be given for die 11ddrtaltiftg 88' a wflole 10 (3) th ~ ot cc-pen -ietan::cimcl ia aceortfan_ wttitthe foze, pmyisiona slaaut be· paitl t& the- ~iftveu& wttiiib' iii ,nod of sik maadl to td of' such ttetenaibadbr pr v:ided that it· coiilph18&i, ia oi- paul wi6iiid tim , aforesaid, tile ceptral~go""""""'i"jj bdn tegill6a·~·is of compensation at the rate of four per eent pe ·_wr ~, date of expiry of the said period chapter mconstitu-· tionof tribunal ll (1) the centj:al go)'ernment may for the purpo-- thia20 act coutitate a tidhlldal which, sbail cod&is of • sio8ie · :w ~ is, or has been,or is-q,&alifi_ to jadp ofr a • ala ~owtl th· s~j'ejile c9uri - (2)'; fte tltiihmai 1iib7' eii __ ode or mont persons posseubig:' spetiat kdo~~~, 2~,-:' ~jatidg to any c~er iil"1ji!~2£ ;l', to assist tifet "'"'~ any qaestioa wautu las to de g decided b, it 1iilde;r thiaad :t (3) the nibunal shall have the powers of a civil court wliile trying a suit under the code of civil procedure, 1908, in respect of' 50fj the following matters, namely:-- 3°' a j (a) summoning and enforcing the attendance of ani person and' examining him on oath; (b) requiring the discovery and production of: ~ta or other material objects producible as evidence; (e) receiving evidence on afbdavits; 3~ (d)' issuing commissions for the examination of w'mages or documents h'- ~- t-ri~~ah have power to regulate :its awn procedure :and ·tiecide alllmalters ·wallin its competence, and may l'l!'view any 1irf demsicms in the 'event of there deing a mistake 'on the 1ace of the record or e&rlect any 'aritlmmtioal ·orclerical '8rl'ol" lhereid but 5 subject thereto, the decision of the tribunal on any matter within its jurisdiction shall be final and conclusive 't% jfer 6e mat , _ add anidistration ~ • formation 10 undertaking of the company wsw m "tile -t: tgovemmell't by of govern-- ment codlvirtue of ibis act, that qovernmentmay foma a gevel'lllllent pany for company in acconance witla ,t~~ provisicms ~f the companies -ad, 1956 manegeand on the formation of such cout~, :tjle wadertaking, t~thej' ment of with lid its p~~, a et~, libiuties -d 'ebqptiodb speclfted iil under -1'5 su-section (1) qf" $eet a _aid 'such ther :properties, asse&s,- hahlll tak:inc ties and ohugatiods as may, after the commencement of this act, be acquired or iueurred for the purposes of the undertaking, shall, hy ditue oftidb aet,· t"d __ 18ft - ad t ia," o" ent ftjilpad)' 20 13 (1) pe -'tjle:fenbatio1l of die go,at com •• , appgtint me referred to in seetiod 12, the central govermdent may appoint one, of-adml or more j1um mae, administrator lor t1ae eiident mauarement add nistraton aamiuistratlon of the uddertakb,g " (,' r ft· ! " • :: ~ (~) such adminjstr~tor or administrators shall, in the ~~ge­-2'5 merit ana admhtbi~ation of the underta'ldn" act in accordance with suc11 directio~ if any, as may be issued by the central -cove~­merit in thisbf:half chapl'er v miscellanjx)us30 14 {l) a:ay persoll who-penalties (a) having in his possession, custodybr control any property forrrrlng part of the und'ert1llrlng of tile coml'&'fty, rongfully wffhbolds such property from tlhe central government; or 35 (b) wrcmgfully obtains possessien of any property forming part of the undenaking of the company which has vested ill the ,ceiuiral,govermnent wlger- this act; or (c) wihully withholds or fails to furnish to the eentral government or any person specified by that government as required by sub-section (2) of section 7 any document which may be in his 'possession, custody or control; or (d) wilfully fails to furnish an inventory as required under 5 section 8; or (e) when required to furnish such inventory, furnishes any particulars therein which are false and which he either knows or believes to be false or does not believe to be true, shall be punishable with imprisonment for a term whic:b may' extend 10 to two years, or with fine, or with both: , provided that the court trying any offence 'under clause (a) or clause (b) or, clause (c) of thlssub-seetion may, at the time'o! cod-~cting ~ ~ccused ~rson, order hiin it, deuver up or refund within· a time to be fixed by the court any property wrongfully withheld or 15 wrongfun:f obtained or any docudient' wilfully withheld or not fur:,; ~~ act pj:ovided f'lrlher that nothing contained in, this section· om • , other provision of this act shall render any person liable to be: ,:,ojr victed of an offence in respect of anything done or omitted to be 20 done by him before the 13th day of september, 1968 ' \ ' ~ , - , ; (z) ~ocourt shall take cognimnce, pfan offence punishable, q,nder this section except with the previous·sanction of the cen~ gc?~~:­ment or of an ofbcer authorised by that government in t1ifi ~" '{j li nt; ~t~ prosecution or ottier "legal, ~ shan iii ~~aj1 tile ctral' government or an dldh'tstrator or an ofbcer f ~ ~ emp-loyee serving in connection with the affairs of the uncle~~ns 'll of the company for anything wldch is in good faith done or intencled to be done under this act 1 16 (1) the central government may, by notification in the ~ official gazette, make rules to carry out the purposes of this act~: power to make rules (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 successive ' sessions, and if, before the expiry of the session in which it is 80 ":: 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 'billy in such modi{ied form or be of no effect, as the c~se may b~, so dowever that any suc~ modification or annulment shall be without ,i prejudice to the validity of anything previously done under that :-ule 17 notwithstanding ~t,-any judgment, decree or order of any certain , actions, ;i" (a) the government company called the hindustan zinc ~:~ed limited, having its registered office at udaipur, formed under the to be companies act, 1956, in pursuance of section 12 of the metal cpr taken poration of india (acquisi~ion of undertaking) act, 1965, which under" has been declared to be unconstitutional and void, (hereinafter ::: ' ' '\ referred to as the 'said act), shall be deemed to be and 'to have' ",' ~ -~n formec\ under ~he companies act, ~956, in pursuance, of section 12 of this act; and the undertaking of the metal corporation of india together with all properties, assets, liabilities and, obligations referred to in section 12 of this act shall be deemed to have been transferred to, and vested in, the said governmeqt company on the date of its formation; (b) any rule, order or appointment purporting to have been made, any decision or direction purporting to have been given, any action or proceeding purporting to have been ta1ren, or anything purpoting to have been done under any provision of the said act shall be deemed to be and to have been a rule, order or appointment made, decision or direction given, action or 'proceedirig ·takt!n~'· or 'thing done under the corresponding provision of this act ' " 18 (1) the metal corporation of india (acquisition of under- repeal :aking) ordinance, 1966, is hereby repealed and saving (2) notwithstanding such repeal, anything done or any ,action ~ ~en under the said ordinance shall be deemed to have been done ,r taken under this act the schedule (see' section 10) principle& for de'l'zii:minlng compensation foil acquisition op the undertakingparagraph i-the' compensation to be paid by the central gov~ emment to the company in respect of the acquisition of the under· taking thereof shall be an amount equal to the sum total of the valu~ of the properties and assets of the company as on the commencement of this act calculated in accordance with the provisions of paragraph ii less the sum total of the liabilities and obligations of the company as on such commencement calculated in accordance with the provisions of paragraph iii, together with interest or such 5 amount calculated in accordance with the provisions of paragj'apb iv paragraph ii- (a) the market value at the commencement of this· act-(i) of any land or buildings; 10 (ii) of any plant, machinery or other equipment; (iii) of any shal'28, secmtties other irveatmems held by tile compa~ (b) the total amount of tlle p-nnna-paid up to tile o",encement of this act by the company in respeetof all jeaseho1d:pi1opa'ties is reduced in the case of each such premium by an amowlt which bears to such premium· the same proportion as the expired term of the lease in respect of which such premium shall have been paid bears to the total term of the lease; • " (c) the amount of debts due at the commencement of this act 20 to the company, whether secured or unsecured, to the extent to which they are reasonably considered to be recoverable; (ei) the ajdount of cash held at the commeacement of this, act by the company, whether in deposit witli a bank or otherwise~· (e) the market value at the commencement of this act of all 25 tailgible' assets and properties other thad those falling within say of the preceding clauses paragraph iii-the total amount of liabilities and obligations incurred by the company in connection with the formation, management and administration of the undertaking and subsisting immcdi- 30 ately before the commenatm~t 01 this act paragraph iv-the interest refened to in paragraph i shan·be on the amount mentioned in the said paragraph for the period commem:id! oft the 22nd day of october t 1985, add ending with tfte 13th eta, of september', 1918, calculated at the average bank rate durin, 35 th~ said· period '1'h'e metal corporation of india limited, a company as defidea in the campantes act, 19mi owned the' xawar lead-zinc mines in rajasthan· anti 'till! lead stllefter at tundoo in bihar it had undertaken to expand production of these mines and construction of a zinc smelter "near udaiptrr for producing electrolytic grade zinc and bye-products however, for want of finances, the corporation was not abl~ tq complete the project it had undertaken construction work 'had come to a standstill and the corporation failed to meet its repayment obligations to the suppliers of machinery and otllnb as lead and zinc are essential raw-materials to the industry and are of considerable strategic impoltance, it was necessary in the , public interest that the prqject undertaken by the corporation should ibe- 'c~ted as soon as possilble ~ the cjrc!wiistanc!es, land as at that time ?arl'fanrent was· not in session, the metal corpora-· tiod qf lncn' (acquisition of urwtaking): ordinawce, 1965 eno 8 \ of 1965) was p:vomulgateci by the president on ihe 220 october 1965 10 provfde lor the acquisition of the undertaking of the keal corporation of india limited for the purpose of enabling the ·c"entr8i oo\1'enmimt ill ,the public intepest itt, npjolt, ' tr taa'listrdtent possitiii, ~ 1ead deposits in and amund zawar 8ft lb 'fhe sta,te of bajaltlfan md to lltilise those minerals in such manner as to subserve the common gooci the ordinance was later l1jf)laaed by an act of parliament, namely, the metal corporation of india (acquisition of undertaking) act, 1965 (no 44 of 1965) 2 the vires of the said act (44 of 1966) was challenged by the metal corporation of india and another in a writ petition in the high court of punjab the high court in its judgment delivered on 1431966 declared the said act to be violative of article 31 (2) of the constitution because in its opinion the principles laid down in the act could not ensure the owner just equivalent of the properties acquired on an appeal preferred by the union of india before the supreme court, against the said judgment of the high court, the supreme court, in its judgment on 591966, upheld the declsfon of the high court and declared the said act as unconstitutional 3 as it was still necessary in the public··interest to acquire the undertaking to ensure uninterrupted progress of capital works and their early completion and commencement of production from the pr~ject and the full development of lead-zinc deposits in the _ _ zawar area and as parliament was not in session an ordinance, namely the metal corporation of india (acquisition of undertaking) ordinance, 1966 (no 10 of 1966) was promulgated by the president on 13-9-1966 in the ordinance, the principles of compensation have been suitably modified to give effect to the judgment of the supreme court the bill seeks to replace the ordinance and when enacted would ensure expeditious and full -development of the only important indigenous source of lead and ~inc new delhi; s k dey the 20th october, 1966 pltesident's recommendation under article 117 of the constitution of india-~~--'-- --:-~ [copy of letter no7 (8) 1~6-miv, dated the 20th october, 1966 frpm ahri s it dey~ minister of mines and metals to the secretary, lo)t ~~bhj] the "president having been informed of the subject matter of the met~l corporation of india (acquisition of undertaking) bill; 1966, recommends consideration of the bill by the lok sabha under clause (3) -of -article 117 of the constitution 1 acquisition· and compeuation-clause 4 of the bill describes~' the details of the undertaking transferred to and vested in the central government the· undertaking includes all assets, rights, leaseholds, property including lands, buildings, works, mines, work;' shops, projects, etc, cash balances, cash on hand, reserve funds an,d all borrowings, liabilities and obligations 2 clause 10 provides for payment of compensation for the acquisition of the above undertaking the principles for determining the compensation payable are specified in the schedule according to which the amount of compensation will be a sum equal to the dlffetence between the market value as on the commencement of th~"act of the assets and: -·properties and the liabilitiei and obliga~~' tiqds together, with the infereston that difference calculated at the average bank rate for the period between the 22nd october,' 196& and the 13th september, 1966' the 8ioount of compensation payable will be known after a complete inventory of all assets and liabilities is taken and their value determined in accordance with the ~che~ule ~ it olay, however, be mentioned that as on 31st ma:r:c~, 196,5 (the' latest date for which balance-sheet is available) the total paid up capital and the reserves and' surpluses of the company were of the order'of·hs 2~98 crores, and besides,' the company had taken secured loan of the order of rs 4' 99 crores and unsecured loan of the order of rs· l' 26 crores it' m~y be mentioned that since acq~iti~,n,o~ 22nd octo~, 1965 up t() ,30ijl"september; 1966; a sum ·flf~ '~uli' rs 47·2,lakbs was spent'towards the discharge of pre-acq~tionj liabilities' or' -, 3 besides paying compensation to the company, the government will have to take over the liabilities and obligations incurred by the company in connection with the management and administration of the undertaking and subsisting immediately before the acquisition by the government 4 administration-clause 5 of the bill provides for the employment by the central government of the erstwhile employees of the company an expenditure of about rs 1,36,000 was incurred as the pay and allowances of the staff and officers of the company till the formation of the government company, namely, hindustan zinc limited, on 10th january, 1966 besides, expenditure was also incurred, during the said period, towards (i) the salaries and wages of the staff employed in the mines, smelters and other works, (li) arrears of wages, salnles add bonus, ~ fu) excise duties, etc the total expenditure incurred between 22nd october, 1965 and 10th jazmary, i was about ba 2j' 2 laiiiu " ,, 5 cieuse 1:j of tile bi-h provides for the appointment of one or m'me ·administrmors far the management of tire umfertulddg an admiufslrsterwas appmted and an expenditure of about rs 13,000 was'ijletlnetl on 'iiis -areec:nmt lbetween 22rrd 'onober, r!m5 'ana 11th january, 1966 '8 pmr, tsrj'cdjdpany--(llaua 11 of the 0011: provides· fer the fclld8lltiaa,af;a govemmedt 7comp8lly under the companies att, 15168:iar 1:b~1 elleleut "1iibdapmlmt aid, gd 'gt,tua·i\jlldstakins ~ "&lldijdaejlt ~my, -1wly, btnclosbln jztdc uaa6red was f4m' j teu 118tj:t ,d~" jli86 1m expellditlde'of, i8iliiut bs ,",801'11181' ,mleeldjn cgjiim 'iua ·witiltiii·: diiitloll ' ofo curaplj ~ :suiil: f') tlaldb ·iiis •• blvelliltt!fa itire sj&are ct3i: 'df 1iie:·:cad11um,' gil· a 'firdber:-sum of bs '2mrr8&:1ad hair'hed adinaced aa ,10bn 'lip 161:& odober, 19fti 7 -tnbublil---:ciause u of the biil provides for tbe appointment of a tribunal consisting of a single person who is or has' been or is qua1ified to be a jliqge of a ifi8ja court or of the speme caul'lt 'the m,unmal ds also" cijilpdwereci te· cmoose aim! 01' mo~ :pusgll9 to aasilt it ,ja ,determiriq aiity quastiflawhich bas ·to de cillcided :ay,it liildej: ,utebill '~~bwjalwillbave the pgweuaf,aciw,cqull ''n1e ''ttibdnftl 'mfl';beappomted if do agreementead be -reaeh1!d ott 'tple ·t;lxdp'ensatfon tabe 'patti ·'fte 'eoditftltfion of tlle' 'j\'ibtmal a!rit~ wurhftg will 'fn'yolw-' sonre' 'expmdttme 'w&er1 tfn! ''prtbl'ft'ftd is '1'mjttltated, :expendtlttre ()f ahuut its &;088 per' 1ift)nfb 'wi! be incurred on the salary of the judge and his staff and contingedei'es assumidg that the tribunal will be required for a perigg of six months, the total expenditure may amount to about rs 36~ memorandum regarding delegated legislationclause 16 of the bill empowers the central government to make rules for carrying out the purposes of the act and all these would pertain to matters of detail or procedure the delegation of legislative power involved is of a normal character " ' - oi j a bill to provide for the acquisition of the undertaking of the metal corporation of india limited tor the purpose of enabling the central government in the public interest to exploit, to the fullest extent possible, zinc and lead deposits in and around the zawar area in the srate of rajasthan and to utilise thosminerals in such manner as to subserve the common good (shri s k dey, t minister 0/ mines & metals)

Parliament_bills

828d8446-fcd7-5680-8e62-a6c472f8c9bb

(to be/as 1ntroduced 1n lok sabba) page v, 11ne 12 from bottom,~ before itdelhiii insert "the" ' ' page ~1, line 3 from bottom,- ; - - _ 'for off'ed" read "offences't· "" page 2, line 14,- '--", - for "provision" ~ "provisions" page 2, line 33,--!2!: "mean" ~ "means" r (1) in line 16, for (1i) in line '25, : for (iii) 1n line 35, foo' "inclu 10n" read' "inclusion" "nece s ary" read "necessary" 'f·re 19nation1f"'"fead "resignation" - ~ line 18,- --5, in the marginal heading to clause 6,- omi t "up" - _·:page 9,-ii'ne 'z7,-'~~ " for "ex-fficlo" read "ex-officio" _y-:i,' ----age l~, line 11,- , rot "member" read "numberu j _ -- e 13, 11ne 27,·-for "continuousl" ~ "continuously" - ·page 15, 11ne 21,--- - i for "panchayat" ~ rrpanchayats" 12 page 18, line 14,-f2! flsubmitten" read "s ubmi tted" 1; page 24,11ne5 3 and 4,-;, !£! lied or abuse~ any of the powers conferred "upon 1~ by or under this failed to exerc1se 1 ts powers ' j:orform its functions or has exceed-if - read -"fail-3d to exercise its powers or perform 1 ta functions ar h2s exceeded or abused any of the powers conferred upon it by or under this" 14 page 29, line 9,-before "business" insert "its" 15 page 30, line 23,-aftpr "is" insert nan" 16 page 30, in the marginal head1ng to clause 49,- after i'v acationlt insert if of" 17 page 36, line 28,-for "think" read "thinks" --18 page 38, 11ne 31,-for !lofu ~ "or" - 19 page 38, 11ne 35,· after "behalf, or" ins ert "may" 20 page 40, line 20,-after "try" insert "any" 21 page 45,--- ~ ~1:) in the marginal heading to clause 109, "commttee" read "comm1ttee~' (1i) 1n 11ne 20, --alter "samltis" insert "ot"-22 page 46, 11ne 25,-tor it amendment" read it amendmenrs" -53, 11ne a4,-tor "second"" read "seeondlt -page 53, 11ne 34, - " ~ "1'j8" _rc~d "178" page ~, line 13, for "less" ~ "loss" page 55, line 26,-!2!:"rs 121f read "rs 12" page 56, line 25,-for "address" read "addressed" ----page 59, line 14,-for 110ff~~i~"" road "offl!~c~1! page 00, lin~ 35, for "complaint" iw "cqdlplajnant~" page 60, against line 24, 1n the marginal heading- " -for "attendence" read uattendance" -----e 64, line ~,-tor "29" read "29 and" page 35, lin·3 2a, afto~ -ges1res to" insau' "acquire" line 29,-m "modification" r~ad "modifieationsu - e 69, line 22, ~ after "owner or it ·o~i~ "the'!· e 70, line 3,-for "persons" read "person" ----ge 72, line 12 from bottom,-for "samati" read "samiti" --e 72, line 10 from bottom,-for "ex-officio" ~ "ex-ofticio" 37 page 75, line ~3,-aftar "panchayat" insert "samiti"-38 • page 77, line 1 from bottan,-tor "urisdiction" read "jurisdiction" --39 page 78, line 7,-!2!: it proceed ing" read ii procet:ldings" 40 pag~ 79, line 14,-!2! if (i)1t re ad "(!!)" 41 p~e' 79, 1~ne·'4 j~~()mbottbm,- for "'panch~ya:ts't" -i'ead npanch~yatsn j - 42 page 81, line 5,~ -_ ' ~ - ' r' --after "110" insert "(1)" , page 84,-nna'·11,-43 -', after "committee" insert "or" page 86, '~~i~~ !:f f~om "bp,t~om, -44 for ii area" ~ ii areas" 45 page 90, line 18,·':: -- ' for "sectionstl read "section" '" -'" "-'-46 page 92, line 16 f'rool':bottom,-- '""-" for "sections "21'" ,read "sections 27" , --, 47 page 96, line 6 fram'bo~tam,- , ;; 48 '-- "'--- -~- -49 for "dis putes" read "dispute" -r;,,;,: ' - - page 101,~±i~:trom bottqm,- - - '" for uby" read'" ,·be~·~ ~ 1~~-:---page 103, line ···7~; i': , ----- : --- --'~" , after tlrule" 'insert "or" i • ,~,,",!",-i, •• ~ -' ttl i ; : ': "' , - ~ so: correct line nunfbers on ::pages 47,48,50,56,68 -an1! 70~ 1,2,'"7',34, 3s; 39,4l:t~ new delhi; september 3~966 bheri 12, jts6lrtsika , nib dblhll'anchayat samitis and nyaya: panchayats bill, 1966 >", 'j, ,,- arrangement of clauses pulj:kmary ~ part i '1baito\;,_, extent and' commencement ~ttojll· part iipanchayat samitls j;)eclaration of blocks 'bmstitution of panchayat samitis and their incorporation composition of panchayat samiti " election and term of office of presidentaud vice-president :~~~at samiti and filling of casual vacancies of c:dbce of members of panchayat samitt and flllin, " or:ncincies· 1iiqull:ifk:atilons for becoming a member di8qualiftcations for continuing as a member authority to decide questions of disqualifications of mem-'i ben ruling of certain casual vacancies resignation of president, vice-president or member standing committees of panchayat samiti rieht of certain officers to participate in proceedings of panchayat samiti or standing committee thereof power of' president of panchayat samiti to invite certain pel'ioili to attend ita meetinp lui for conduct of business at a meeting of pancharat '~'>&umti or standing committee thereof ' powers and functions of panchayat samiti power of panchayat samiti or its standing committees to call for documents from block development ofbcer ; -' partm nyaya panchata'diclaljds 44 45 46 47 48 49 50· establishment of nyaya panchayatl, constitl,ttion of nyaya panchayats failure to elect or co-opt qualifications for membership of nya18 panehayat disqualifications for membership vacation of seat term of office of members ofn18ya panchayats oath 10 be taken by members of n1818 panc:bayat r,' '51 ~:-,,' 53 ' sarr~'lr-h and up-supancb duties of sarpanch and up-sarpanch vacation of oftlce of sarpaddi, ete casual vacancies secretary of a nya18 panehayat cifjil and criminal jurisdictidii of rryaya pa"c1iaytji functions of nyaya panchayal a-civil juritd!ction · r; ~ ~~'if"58 suits triable by nyaya pancha18ts suits which may no,t be tried by n1818 pancbayats place of suing suits not to be entertained when matter in issue fa pendid or has been decided in another nyaya panchayat or court incidental determination of questions 88 to title to jmmoy able property, etc, not binding in other actiodi lbnitation transfer of "ii:s b-criminal juriad:ctlon "oirenceb cognizable by nyaya 'panchayats offences which may not be tried by dysya pancbayata place of trial persons convicted or acquitted dot to be tried aptn for the same offence " lfinitation for criminal proceedfngs limitation on powers of punishment of dysya pancb, _ "'wer to let off offender alter admodiucm cuusj!s 72 73 74 compounding of offences compensation for false, frivolous or vexatious complaintl transfer of criminal proceedings procedure 75 benc~es of nyaya panchayats procedure in civil and criminal cases 76 77 78 79 disqualifications for trying a case nyaya panchayat to sit in public power of nyaya panchayat to regulate its own procedure in certain matters 80 81 82 83 84 duty of nyaya panchayat to effect settlement wherever possible legal practitioners excluded from appearance appearance by agent difficult cases may be referred by nyaya panchayllts to district or sessions court certain laws not to apply to nyaya panchayats judicial control of nyaya panchayats power to transfer criminal proceedings 85 revision in civil cases 86 revision in criminal cases 87 88 89 90 91 92 93 94 decree~ etc, not to be modified if substantial justice hu been done power to stay further proceedings order in revision to be final finality of decrees, etc, of nyaya panchayats ot proflisions tis to nyaya panclujyau jurisdiction of nyaya panchayat to be exclusive report from nyaya panchayat in maintenance casel proceeding not to be invalidated by reason of absence of some members decision of nyaya panchayat to be by majority nyaya panchayat to have no p'!wer to alter decision, etc 95 96 97 98 records of nyaya panchayats to be open to inspection inspection of nyaya panchayats and training of members thereof application of judicial o1!lcers' protection act, iuo 99 100 conviction by nyaya panchayat not a previous conviction for certain purposes 101 removal of mem'bers in certain cases 102 power to dissolve nyaya panchayat 103 legal proceedings on dissolution of nyaya panchayat power to delegate 104 power to modify certain provisions 105 ~ -, 106 power to make rules part iv rural area advisory commit'l'destablishment of rural area advisory committee secretary of committee functions of committee meetings power to make rules part v amendments to thb delhi land reforms acr, 1954 anddelhi panchayat"raj acr, 1954 amendment of the delhi land reforms ,act, 1954 amendments of the delhi panchayat raj act, 1954 transitional provisions part vi miscellanbousmembers of panchayat samiti, etc, to be public servants injunction not to be granted in certain proceedings disqualifications arising out of election offences protection of acts done in good faith power to remove diftlculties layin, of rules the first schedule-powers and functions" of panciia'ia'l' samitisthe second schedule-form of oath the third schedule-form of oa'l'h the fourth schedule-offences triable by nyaya pan-chaya'l'$ the fifth schedule-procedure for the trial of suits the sixth schedule-procedure for the trial of offence the seventh schedule-amendments to tid delhi puciia-yat raj act, 1954 the delhi panchayat sat\utis and nyaya s panchayats bill, 1966 a bill '''id7' the constitution of panchayat samitib and nyaycl par-j~ <1;' :tit in the union tbtritory of delhi and to make certa;" ~t8 in the delhi land reforms act, 1954, and the delhi pachaytu raj act, 1954, and for matters incidental thereto i:~ed by parliament in the seventeenth y~ of the republic it follows:- "' ,~' ' part i \"' preliminary'!'bis act may be called the delhi panchjyat samitis and ~ort ts act 1966 title, , extent and extends only to the rural areas of the union territory of commence· ~~ __ ~ ~d~ (a) such areas thereof as are included in any estate owned by the central government or any local authority; and 1 (b) such other areas thereof as are held and occupied for a public purpose or a work of public utility and declared as such under section 1 of the delhi land reforms act, 1954, by the 5 administrator or acquired under the land acquisition act, 1894, or any other enactment relating to acquisition of land for a public purpose expzanation-in this sub-section, the expression "rural areas" has the meaning assigned to it in th~ delhi municipal corporation act 10 1957 6 (3) it shall come into force on such date as the administrator may, by notification in the official gazette,, appoint, and different dates may be appointed for different provision' of this act and for different areas is 2 in this act, unless the context otherwise requires,-definitions - (a) "administrator" means the administrator of delhi appointed by the president under article 239 of the constitution; (b) "block" means such area as may be declared by the administrator under section 3 to be a block; 20 (c) "block development officer" means an officer appointed -\l i as such by the administrator or by such other authority as may be specified by him in this behalf; (d) "chiej judicial magistrate" meluul the chief judicial magistrate of delhi; (e) "circle" means the circle for which a nyaya panchayat has been established under ,section 44; (1) "delhi" means the union territory of delhi; t (g) "development commissioner" means the collector or ~~ any other officer empowered -by the administrator by notification 30-in the official gazette to discharge all or any of the functiodi of a development commissioner under this act; (h) "district judge" mean: the district judge of delhi; (i) "gaon panchayat" means a gaon panchayat established j under the delhi land reforms act, 1954; 35 ,it i (j) "metropolitan council" means the metropolitan counca of delhi const!tuted under section 3 of the delhi administration act, 1966; (k) "nyaya panchayat" means a nyaya panchayat establish-5 ed fer a c~rcle under section 44; (l) "panchayat samiti" means a panchayat samiti con:tituted under section 4; (m) "prescribed" means prescribed by rules made under this act; i:> (n) "president" means the pre~ident of a panchayat samiti; (0) "rural are'a advisory committee" means the rural area advisory committee established under section 107; (p) "sarpanch" means the chairman of a nyaya panchayat; (q) "scheduled caste" means any of the scheduled castes 15 : pecified in part i of the schedule to the constitution (scheduled castes) (union territories) order, 1951; (r) "senior sub-judge" means the senior subordinate judge of delhi~ (s) "up-sarpanch" means the vice-chairman of a nyaya pan-20 chayat; (t) "vice-president" means the vice-president of a panchayat samiti; (u) "village" means the village or group of villages for which a gaon sabha has been establi~hed; 25 (v) all words and expressions used but not defined in this act and defined in the delhi panchayat raj act, 1954, shall have the meanings respectively ass:gned to them in that ~:t part ii panchayat samltis)0 3 the administrator may, by notification in the official gazette dec!aradeclare such contiguou:: gaon sabha areas as he deems fit to b! a lion of block for the purposfs of this act and may similarly alter the limits blocks of any block by including therein or excluding therefrom any gaed sabba area 4 (1) the administrator may, by notification in the atncial gazette, constitute a panchayat samiti for a block with effect from such date as may be specified thuein comtitu tion of panchayat samitis and their incorpora_ tion (2) every panchayat samiti shall, by the name of the block fer which it is constluted, be a body corporate having perpetual f:ucces-s sion and a common [eal whh power, subject to the provisions of this act and the rule's made thereunder, to acquire, hold or dispose of property and to enter into contracts and may, by its corporae name, sue and be sued (3) if, after a panchayat samiti is constituted for a block under 10 sub-section (1) ,-(a) any gaon sabha area is included in that block, the panchayat samiti for that block shall acquire jurisdiction over such arra and all rules, notificat:ons, orders, d:rections and notices lawfully made cr issued and in force throughout the block 15 on the date of such inclu: ion, shall apply to the area so included from that date, unless the administrator o~herwise directs; (b) any gaon sabha area is excluded from that block, such arr a shall, as from the date of such exclusion, cease to be sub· ject to the juri£diction of the panchayat samiti of that blo:k 20 and to the rules, nofficatio:ls, orders, d~rections and notices lawfully made or issued and in force therein (4) when a gaon sabha area is transferred from one block to an· other, the administrator may make such incidental and consequential orders as may be nece: sary for effecting the transfer 25 5 (1) ,every panchayat samiti shall consist of a president to be elected in accordance w~th the previsions of this act and the following oher members, namely:-composi tion of panchayat samiti (i) pradhan of every gaon panchayat within the block for which the panchayat samiti is ccnstituted: 30 prov:ded that-(a) if a pradhan of any such gaon panchayat refuses to be a membrr of the panchayat samiti or resigns such membersh·p, he shall, w·th effect from the date of such refusal or re ignation and notw~thstanding anything to the contrary 35 contained in any ether law for the time being in force, cease to be a pradhan of the gaon panchayat and the person who succeeds h:m in such office shall be a member of the panchayat sam:ti in his place; (b) if at any time there is no pradhan for a gaon panchayat, the development commiss~oner shall ncminate a member of the gaon sabha to 'be :he member of the panchayat samiti to represent that gaon sabha; 5 (c) if a gao, sabha area ic; transferred from one b'ock to anether, the pradhan of tl}o gaon p=mchayat of that area r-hall cease to b~ a member of the prmchavat samiti of that block and c:hall become a member of the panchayat sam:ti of the other block; 10 (ii) member elpcted to the house of the peo:,le from the constituency of which the block forms a part; (iii) member elected to the metropolihn council from the constituency of which the block forms a part; (iv) member electe-f to th~ ml1nicinal corn"'ration of delhi 15 from any area of which the block forms a part; 20 (v) two women and follr r°'pt'esp,t~t;vec; of the sc"edll1~d castes, all six of whom sh~ll b~ elpcted in the prpc;cri'led rrannf'r hy tre merrberc: ~("fied in (oj l!s's (i) (ia), (ii,) and ev) from amonj! 'parsons who are membars of anv nann "ahha in the block but who are not already members of the panchayat samiti (2) if a per-on who is a memb"'r of the panchayat s~mi'i by virtue of clause (v) of sub-section (1) also becomes a member th~re­of by v:rtue of any other clause of that sub-s"'chon b:s membe'fsh'p 25 in the panchayat samiti under clause (v) shall cease 6 (1) the presfdent of each pttdch"yat san-ftf fh~lilte elected elec fa the prescribed m"luler, (rom amodgst the me miters of the g",od and sabhlls ;d the block for which the padch"yat samltf is cod~tftute", of 0 of } by ad elector 1 college cod!llsda,( of th~ member or the gaod dent 30 p?dch-yats w;'h:d the block fad the members specftled id clauses vice (,) to (iv) of sub-sectiod (1) of sectiod s pre, of f cha:-(2) there shall be a vice-president for each panchayat samiti sarrl who shall be elected by the members of the panchayat samiti from julin amongst themselves in the prescribed manner cf (a' 35 (3) notwithstanding anything contained in sub-s~ction (1) or vacaq su"'-~~cfnn (2), a member nominated under item (b) of the proviso to clause (i) of sub-section (1) of section 5 or a member specified in dau, (ii) of the said sub-section (n "hall not b! ~lected as preident or vice-president (4) if the pradhan of a gaan panchayat is elected as fresjdent of the panchayat samiti he shall notwithstanding anything contained in any law for the time being in force, cease to be the pradhan of th:! gaon panchayat from the date of such election (5) a vacancy in the office of the president or vice-pres!dent shall be filled in the manner provided in sub-section (1) or as the case may be, sub-section (2) (6) save as otherwise provided in this act,-(a) the term of office of the president or vice-president shall be five years from the date of his election but the presi- 10 dent or vice-president shall cease to hold his office even before the expiration of such term on his ceasing to be a member of the panchayat samiti; (b) when a vacancy occurs in the office 01 the president or 1 vice-president before the expiration of his term of office the 5 person elected as president or vice-president in that vacancy shall hold office for the residue of the term of his predecessor 7 save as otherwise provided in this act,-(i) (a) a member specified in clause (i) of sub-sect;on (1) of section 5 shall hold office so long as he continues to be the" 20 pradhan of the gaon panchayat; members of panchayat simiti and filling of vacancies (b) a member nominated under item (b) of the proviso to clause (i) of sub-section (1) of section 5 shall hold office until the pradhan of the gaon panchayat is elected; (ii) a member specified in clau,:,e (ii), clause (ui) or clause 25 (if)) ('f sub-section (1) of rction 5 shalt hold office so long ao; he cnntinues to be a member of the body tll which he has heen elected; (iii) a member electl!)d under clause (v) of sub-section (l) of section 5 shall hold office for a term of five years from the 30 date of election disquaji-8 subiect to the provisions ot this act a person shall be disqualified to be elected or nominated as a member of a panchayat samiti if such person,-clti~s or beinga ~ber (a) is unable to read and write hindi or urdu or ~(' (b) is an undischarged insolvent or (c) is of'· w:~und mind and stands so declared by a com petent court or cd) is a servant of government or of any local authority, or (e) i!; cnnv;rt"'d of anv of'a"1ce unddr the untouch~bnity (off n~ps) act 1955 or 0'( :m offe"r-e i"volvin~ mo"al turpitude or rrd"''re'i to {!:va ~ecur;hr for {!nod h"'h'wiour under section 110 of the code of criminal proc~dure, 1898 9 (1) s1tbie~t to the pr~vi!;ions of seetion 10 a member of a ~~~:-panchayat samiti shall cease to be such member, if hefor continuing as (al becomes subject to any of the disqualifications specifted a member in seeu:n 8; or (b) has been continuously absent from theb'rck frr more than six months; or (c) has absented himself fl"om three or more consecutive meetings of the panchayat samiti : providpti that no meetin!;! from which a m~""hr (1h~erted hims~l'f shall be countpri r{!ll;nc:t h;m und"r thic; cl=t11c:p if notice of that mpetin~ was no~ !riven to him in th~ 'dl''''~cribod mqn'ler, or the meetinl! was adiourned without tl'ansact;n~ any business either for want of quorum or for any other reason e~lanation -where a m pti'll! wh;ch shall not cou"lt agafnt a ber under the proviso ;ntervenps betwea'l two mept;n~ which a'tainst him tho~e two m~etit'l{!c; sh~l1 hp ro~rded as being to each other for the purpose of this clause (2) (a) where the block na vo1ooment officer ic; ~atisfi~d that l>er~on has ceased to be a m~mber hj:!vinp' inc1l'"t'pd a'lv of the lifications specifipd in !l:ub-soct;nn (1), h~ fth:lll f"rthw;fh intit1,at fact bv tp{!ic:tar"'ri doc:t to tho j't'i~mber eo"t!°med a"d the same to th~ panchayat samiti at its next ordinary meet-(b) if such intim~tion rd1~t,~ to a di""1uq};firl:lt;nn undor cl~uc;e of th~ said ~ltl)-sertio'l l"lrl if tho m",,h r ""diioc; for rostol'rt;on memhorshin to thp p!tnr-havat s~,"h; w·tl,in th;rtv ~avc; of the 1wci!~'1'\ bv him of'su,h intit'n!!ltinn 11 c:h~ l' he cft!om~d tn h~vo boed to his membershfp arid the blo~k~d~velopm~nt officer shall the fnct of such restoration to the panchayat samiti at its meeting : provided that a member shall not be so deemed restored more than once during his term of office (c) upon such restoration, he shall be deemed to have been tored also to the membership of any standing committee 01 panchayat samiti of which he has ceased to be a member u· clause (c) of sub-section (1) (d) pending such restoration the member shall be entitle( act as if he were not disqualified authority 10 (1) where intimation is given by the block to decide officer under sub-section (2) of section 9 that a person has cea que~tions to be a member of the panchayat samiti, or where an allegation of dlsqual1- 1lcations that effect is made by any person or authority to the block devel of memment officer and the block development officer has given bers tion of such allegation to the member and such member di the correctness of the 'fact so intimated or the allegation so or where any member himself entertains any doubt whether or he has become disqualified under that section, such member or a other member may, and the president at the request of the pane ayat samiti shall, within a period of two months from the date which such intimation is given or doubt is entertained, as the may be, apply to the prescribed authority for decision (2) the prescribed authority, a'fter making such inquiry as considers necessary, shall determine whether or not such member j disqualified under section 9 and its decision shall be final (3) pending such decision, the member shall be entitled as if he were not disqualified filling of certain casual vacancies 11 any vacancy occurring in the office of an elected member other than president or vice-president before the expiration of his term of office shall be filled by election of anoth~r perso':1 in the prescribed manner by all the members of the panchavat samfti including those specified in clause (v) of sub-section (1) ~f s~ct=on 5 and the person so elected shall hold office for the residue of thf term of the predecessor r~o;ignation 12 (1) the president, the vice-president or an elected or nornl- vo~preplident nated member may resi~ his office as such president vice-prelf-5 1c'e- rell-, dent or d~nt: or member by giving notice in writing addressed to the p ",ember h s' d d l' otft- c ayat ,amltj an e 'vetoing if to the block devclo?ment ~:: •• (2) except in a case where the person resigrung delivers the ,wtiee of resignation personally to the block development officer, the block development officer shall, on recelpt of a notlce 01 reslg-:-:ation, obtain confirmation from the person concerned as to its 5 _;enuineneu ,-(3) a resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on wtllcn the notice was recelved by the block development officer 13 (1) for every panchayat samiti there shall committees respectively forbe standing standing committees of (i) agriculture, animal husbandry, minor irrigation, power, panchareclamatlon (mcludmg soil conservatjon and codlour bunding) yat samiti and fisheries; (ii) co-op'eration, thrift and small savings, cottage industries, rura! housing, statstics, and prohibition of, or temperance in, the consumption of mtoxicatmg drinks and of arugs which are injurious to health; (iii) welfare of women and children; (iv) social welfare; (v) works; and (vi) fidance in addition to the six standing committees referred to in (1) a panchayat samiti may, with the approval of the ia"-i,u, ator, constitute one or more standing coiiuillttees for matter dot specified in the said sub-sectod every standing committee shall consist of seven members iwllom the pr~dedt of the panchayat samiti shall be ez-tficio and chairman and the remaining six shan be elected by the of the panchayat sam!ti from among themselves in the --, ~ that if the panchayat samiti so decides, it may elect in manner not more than two of the remaminl six from among persons who are members of gaon sabhas ,block but are not members of the panehayat samiti and who lave experience and knowledge of the subjects assigned to standing l,;onumttee: a-_ provlded further that in the case of the standing committee l the suojecls spe":lilea m clau;e t'j or suu-se;l 01 \l), the rad~1 yat ~alnlll sjlc:w elect two ot tne remammg six mt!mo\;;rs nom "mol p~rsous -wilo are memoers or lia~n ::):lij1:ls in me bloclt but a' not memoers of tne t'ancuayat ~amhl aaa wno have experiell ana !wowleage of co-operatun ana co~tage ,naustr e",; provided also that in the case of a standing committee for th subject specmed ld clause tw) 01 sud-st:cton \,l}, tne idajorhy l lu: m\,nlu",r snll 0: wv ••• ~u, wod 1' lh: uu!l t;f vi \\",nt ------'- memb rs vt tn: l'cucn y,,( ')jlll s n~' i;u':-j",olle to su~n majority, such numder of women as are required to secu, sued majority shall be elected from among wumen wno are members ot lxdoll ~onas m tne tll0ck but are not memoers of lb, panchayat saduu: provided also that in the case of a standing committee for the subject speclllcu ld clause voj ot sub-section (1), the majority of me members shall be memoers of the scheduled castes and il lne number of such members of the panchayat samlti 1s not ~utti­dent to secure such majonty the requued number of such medlbers to secure such majority sh,;lll be elected tram among persons who are memoers 01 liaoll ~donas ill the block but are not members of lh:- 1"'an _l y at ~amjli (4) every stancing committee shall, in relation to the subjects assigned to it, exercjse such of the powers and perform such of tile functions of the rancl8yac ::scuwti as the administrator may, by ""foer! specify-(5) no member of a panchayat samiti other than its president :ihall be a member of more than cne standing commttee at a timc: provided that the provisions of this sub-section shall not apply to a member of a colillillttee constltuled under clause (iii) of subsection (1) who may also become a member of any other one -committee constituted under that sub-section: provided further that where the number of members of the" panchayat samiti is not sufficient to fill as aforesaid all the seats of every such standing committee, a member of a panchayat samiti may become a member of any two such standing committees (6) all the provisions of this act relating to the duties, powers" liabilities, dsquawications and disabilities of members of the pad-f ,,"';v chayat samiti shall be applicable, 'so far as may be, to the members of any standing committee who are not members of the panchayat samiti (7) a member elected to a standing committee shall hold office 5 for such period as may be prescribed (8), any vacancy' occurring in the office of an elected member of a sanding committee before the expiration of his term of office shall -~ filled by election of another person in the manner pres-"ribed and the person so elected shall hold office for the residue t':' 10 of the 1erm of his predecessor i' , " , ~ (!a where a person elected as a member of a standing com-'-mittee :jrom among the members of the panchayat samiti ceases to be a diiii!i)lber of the panehayat samiti on any date, before the ex-) "dira&l of his term of ofbce as a member of the standing com-}5 mitteene shall cease to be a m'ember of the 'standing committee , on ajiiiif :!rom such date ~:':i ~"<' k '!ftle development commissioner and· such officers 'as the ad- ri~h~ of, ~'''' minim:ator may, by order, specify shall have the right to speak in, ~c:~~ and 0l3elrwise to take part in, the proceedings of any meeting of a to parti-panch:awet samiti or any standinjc committee thereof function ing cipate in witbm "-!be local limits of their respective jurisdictions b\jt shall ~roceed_ " not ~ -rirtue of this section, be entitled to vote at any such meet- pmgs hof t " ' -anc aya 'lng ','' w!<' samiu" or, " ',' , ""::,ij;i •• ;';t , , stan:a~fii,;,~: ,; ,iii ', '-' ' wd,~1 :; commit_ " thereof ; ': 'is j~) (a) the president of a panchayat samiti may, for pur- power of rj£' consultation, invite any person having, experience and -::e;:~t ~!c1;iiii_!d knowledge i- any subject under the colisideration of the chayat samiti or a standing committee thereof to attend the samiti to "meeting "f the panchayat samiti, or as the ease may be, the standinvi~ , ing c tt certain ott=: __ ill ee persons to attend , '" ('b) 5iduch person shall have the right to ~ in, and otherwise its meet-"~-t ~rt in, the proceedinrs of such meeting, but shall not, by ings ni'h'in,,_ at-· ·this section, be entitled to vote at any such meeting - :' '(2) 4= ~rson attending a meeting under sub-section (1) shall , enun " to such adowances as may be prescribed ~ :or 16 every panchayat samiti or a standing committee thereof ~ shall, in regard to the conduct of business at its meeting (including ---quorum) follow such procedure as may be prescribed, 7 t - je' 'li w t r -::=; :''''':i:- "iii!ii!i; 17 (1) subject to the provisions of this act, the panchayat samiti shall exercise the' powers and perform the functions speci-5 fled i~ the first schedule (2) it shall also exercise such other powers and perform such other functions as may be conferred on 'and entrusted to it by the administrator for "'carrying out the purposes of this act; but it shall not exercise'the powers or perform the functions expressly to assigned by or ~der this act or any other law to its presigent ,or to the block dev~lopinent oftlcer or any other au'thol'ityr(oi' (3) every panchayat samiti shall' endeavour to imtil among the people within ~ts, j':lrisdiction a spirit of self hel~a initiative and,~ harness their enthusiasm for raising the standa i ,ltving i~ (4) th~ panch~yat sa~'iti may; with the y,1evious approval of ,~ the administrator and subject to such'terms and conditions as may ~ be prescribed, borrow money for carrying out the purposes of this <, act ' , , -r fil 18 (a) a panchayat samin or a standing committee thereof - ? 2t may, at any time,' require the block development officer to furnish ~,=! any document in his custody !jot -, (~~ !he biock ~evelopm~nt officer s~all comply with every s~ch ' requisition unless in his opmfon immediate compbanee therewith ' would be prejudicial to' the interests of the panchayat samiti or of the general public and' ,in such a case he shall refer the matter to = the president whose decision thereon shall be final n " ~ 1ae-"'-r- , 19: ~a panchayat samiti may require any village officer of any , village within the jurisdiction of the pancbayat samiti to furnisb =-to any information required for the purposes of this act on any -7 matter fauipg within such categories as may be prescribed in & peet of sqch village or ,any person or property therein - - 20 (j) the president of a panchayat samiti shall-powers and' (a) exerc:s! administrative control over the block develop- functions merit officer for the purpose of implementation of the resolu- of presitions of the panchayat samiti or any standing committee ~::nt and vice-s thereof; president (b) convene, preside over and conduct the meetings of the pancha~at samiti; and (c) have full access to all records of the panchayat samiti i (2) in case of emergency, the president may, in consultation (10 with the block development offic~r,' direct the execution of any t~ work or the doing of any act which lequires the sanction of the ~, panchayat samiti or any of its standing committees and the imme-1(;,\, diate execution or the doing of· which is, in his opinion, necessary for the "service or safety of the general pub:jic, but he shall report ,,~5 the action taken under this sub-section and the reasons therefor to :' the panchayat samiti or the concerned standing committee at its ~', next meeting: ' ", provided that be shall not direct the execution of any work or the doing of any act in contravention of any order of the government (3) the vice-president shall exercise such powers and perform such functions of the' president as the president may, from time to time, delegate to' hini 'in writing , , (4) ~,~, ,theomce of the president is vacant ,the vi~e-presi­of' the,' p~chaiaf samiti shall exercise the powers and pe~orm fun~(ioq'~1 tht!, 'president until a new president is elected (5) if the president has been cortinuousl absent from the block for more than fifteen days or is incapacitated for 'mor~ than fifteen days, his powers and functions during such absence or inca-, pacity shall devolve on the vice-president ~, , (6) (a) when the office of t~e pfesident is vacant or the presi-~~'~' dent has been continuously absert from the block for more than ~' fif~een days or is incapacitqted for more than fiftet=d days, and there :t,ia 'eithe'r a' vkcancy in the office of the viee-president or the vice-"\,, 'prl!sident hils been continuous'y- absent from the block for more ','>, ~han fifteen days or is ircapacitated for more than fifteen days, ,:{ the powers and ~ fimctions of th"e ~re&ident ljiall devolve on a mem-'ber o~ tne pancbayat samiti" el':qted in the prescribed manner by '4 ~he members of the panchayat sa:miti m" ) " (b) the member of the panchayat samiti so eiected shall be styled as the temporary president and he shall exercise the powers and perform the functions of the president subject to such restrictions and conditions as may be prescribed until a new president or vice-president assumes office after his election, or until the presi- 5 dent or the vice-president returns to the block or recovers from his incapacity, as the case may be 21 any member of a panchayat samiti may draw the attention of the president or t11e block development officer to any neglect in the execution of panchayat samiti work, to any waste of panchayat 10 samiti property or to the needs of any locality and may suggest any improvement which may appear desirable right of individual members to draw attention in respect of pan--chayat samiti works, etc 22 (i) the block development officer shall-(a) issue not~ces, under instructions from the president and the chairman of standing coijldittees, for meetings of the is panchayat samiti and the standi"g committee thereof, powers and functions of block development officer (b) attend all such meetings and record and maintain the minutes thereof, (c) participate in the deliberations at such meetings, (d) draw and disburse moneys out of the panchayat samiti 20 fund: provided tha ~ the president may, for reasons to be recorded in writing, stop any such payment and place the matter before the panchayat samiti or the standing committee concerned, 25 (e) subject to the prior approval of the panchayat samiti, execute contracts for and on its behalf, (f) sign and authenticate all letters and documents for and on behalf of the panchayat samiti, (g) take steps to remove any defect or irre~larity brought 30 to no~ice in the course of audit of the accounts of the panchayat samiti or pointed out in the report of the audit thereof, (h) report without delay all cases of fraud, embezzlement, ~ theft or loss of money or otber property of the panchayat ~",,~', samiti, ;14 0) furnish to the administrator copies of the resoiutions passed at, and proceedings of, every meeting of the panchayat samiti or any standing committee thereof and copies of or extracts from other documents required by him, (j) help the gaon panchayats in organising essential voluntary organisations for de\'elopmental work and in drawing up their plans with a view to ensure that their production programmes conform to the broad policy laid down by the panchayat samiti and are desigred to increase agricultural produce and co -operative organisation, (k) see that the plans and programmes approved by appropriate authorities are executed with efficiency and through extension methods, (1) see that the construction programmes undertaken by the gaon panchayats conform to the stal\dards laid down and are completed within the scheduled time, (m) inspect on behalf of the panchayat samiti the financial position of the gaon panchayats with special reference to the levy of taxes and their recovery, recovery of loans advanced and maintenance of regular accounts, (n) exercise general supervision over the gaon panchayat in the block for the purposes of this act, (0) exercise supervision and control over the acts ,of all "officers and serv~nts of the panchayat samiti including the ,--~~, staff borne on the establishment of the panchayat &miti and , the staff working in institutions and schemes transferred' by 'the c' administrator to the panchayat samiti in matters of execjl,tive administration and matters relating to accounts and records of the panchayat samiti, (p) exercise such other powers and perform such other functions as are conferred or imposed on him by or under this act or as may be delegated to him under section 41 - •th, ereof, the seniormost officer subordinate to him, who may "~' t at the place of the m~ting, !tall attend such meeting :t, ' ~(2) if for any reason the block dew10pment officer is unable' ttend any' meeting of the panchayat samiti or a standing com-e23 the block development officer and other officers and staft of a panchayat samiti and tre stai employed in the institutior s under the panchayat samiti shall be subordinate to the panchayat samitl block development officer and other officers and staff of panchayat samiti to be subor dinate to panchayat samiti 24 (1) every panchayat samiti shall have the power to create with the previous approval of the administrator, such posts of 5 officers and other employees as it may consider necessary for carrying out the purposes of this act creation of posts of officers and other employees and appointments 'thereto (2) the administrator may, at any time, create such posts for any panchayat samiti as) he may cor sider necessary for carrying out thepurpos~ of this act 10 (3) all appointments to the posts created under sub-section (1) or sub-section (2) and transfers of the holders of such posts shah be made in the prescribed manner allowan-:25 (1) tber~, shall be paid to the -members of a ranchayat 'ces fo~ samiti jncluding its president and vice-president, for att:ending a is atte~dmg f meeting of the panchayat samiti, and to the members of a stand- ~:mg 0 ing committee 9f a panchayat samiti, including its chairman for , ~cbayat attending a' meet~ng of such committee, such allowances as may "samiti or be prescribed standing ~ _ _t" -"t7' - ---• c- - , ~" - y -- ,_ --_ (~~tte~:, (~) ~b~e fihall als~ b~ paid to the ~eside~~ !?: r~pe~t of his 20 ~ft,f! tours ul the block such allowances as may be prescrlb~ ' ?:7~,~;:}f1~tf- :~::~ ~': ' ~_r , ·,~dtiayat 26 (1) all moneys received by a panchayat samiti shall con-'sadibi stitute a fund called the panchayat samiti fund and shall be fund applied for the purposes specified in this act and for such 'other puxy(5ses and in such manner as may be prescdbed~ ' 25 ~ w (2) all moneys received by the panchayat samiti shall be lodged in the nearest government treasury or with the-sanction -of the administrator in any bank approved by him ~ ~ - _ --' ~~:--~- :~~::,:~ ~-• ~,!: ~ 'f') ali orders of chewaes against the panc:hayet ~a!piti fund shall be liigned by' the block development ofbcer· • ~~ 30 27 (1) the panchayat samiti fund shall consist ot-income (,) grants for meeting the liabilities transferred by administrator to the panch,at samlti; and exthe penses of panchayat samitl (i,) a':l hoc gradtl &om the consolidated f1idd of iddia; 5 (iii) grants for implementing schemes transferred by the administrator and bodies or innitutions for the development of cottage and village industries such as khaeli, silk, coir, handicrafts, haddlooms, leather works and the like; (iv) loans-10 (a) advanced by the government, or (b) raised by thl!_ panchayat samiti with the previous approval of the administrator; (v) donations and contributions received by the panch ayat samiti from local authorities or from the public in any f! is ~:'" foren; < ('vi) sale proceeds of immovable and movable properties; (vii) such other income or receipts as may from time to time be prescribed (2) the expenses of the panchayat samiti shall include the re-20 payment of loans contracted by it, the salaries and allowances of its officers and servants, allowances 'to its members, any item of expenditure directed by the administrator for carrying out the purposes of this act and such other expenses as may be necessary for such purposes '\ ' provided that grants referred ,to in clauses (i) and (iii) of sub-1l!et101l' (1) shall be utilised in ~ccordance with the, terms and con~ ititlbns of the same budget of 28 (1) the block development ofbcer shall in each financial frame and place before the panchayat samiti on or before the date a budget showing the probable receipts and ex penduring the following financial year, and the panchayat samiti "hslli adopt the budget with such modifications, if any, as it thinks -pill ~ i -, ••• _- ~ -,-- ·--t-:--""~··-111··- ,", " ,(!) the budget, as so adopted, shall be submifted by the block ~~c)pllnellt ofbcer on or before such date as may be "prescribed, administrator who shall cause it to be placed before th,· area ad9lijry committee fqj; f;o~idera~on~ (3) the administrator shall thereafter approve the budget with or without modification after taking into consideration the recommendations of the rural area advisory committee (4) if, for any reason, the budget is not adopted by the panchayat samiti under sub-section (1) befcre the date referred to in sub-sec- s tion (2), the block development officer shall submit the budget to the development commissioner who shall forward it to the administrator after making such modifications, if any, as he thinks fit and thereafter the provisions of sub-sections (2) and (3) shall apply as they apply to a budget adopted by a panchayat samiti 10 (5) if, in the course of a financial year, the panchayat samiti finds it necessary to make any alteration in" the budget with regard to its receipts or items of expenditure, a revised or s11pplemental budget may be framed, adopted sub mitten and approved, as far as may be, in the manner provided in sub-sections (1), (2), ·(3) and (4) is accounts 29 (1) the panchayat samiti shall keep [uch accounts and sub- and audit mit such statements to the administrator and the rural area advisory commi ttee as may be prescdbed (2) (a) accounts of receipts and expenditure of every panchayat samiti shall be maintained for every financial year in such form as 20 may be prescribed (b) an ahstract of every annual account of a p8ilchayat samiti showing its income under each head of receipt, the charges for the establishment, works undertaken, the sum expended on each work the balance, if any, remaining unexpended: and such other info~la- 2sj tion as may be prescribed~ !ball be prepared by the 'pancllayat samiti :, in such form as may ·be :pj"escribed and submitted to the adminis-~ trator no· later than the fifteenth day of the secondinonth of the '1 "~ nrxt financial year (3) (a) all annual accounts and all accounts kept under sub- 3c, :4 section (1) shall be examined and audited, as roon as may be, afte-r '1 the end of each financial year by such person or authority as the j :4 administrator may appoint in this behalf 1 ~~ (b) the auditors so appointed shall be deemed to be pu'blic servants within the meaning of section 21 of the indian penal code 4~ incurred contrary to law and surcharge the same on' the person ', incurring or authorising the incurring of, such expenditure, and ma~ charge against any person responsible therefor the amount of any deficiency, loss or unprofitable outby occasioned by the neg· ligence or misconduct of that person or any sum which ought to 5 have been but is not brought into account by that person and shall, in every such case, certify the amount due from such person explanation-it shall not be open to any person whose negligence or misconduct has caused or contributed to any such deficiency or loss or unprofitable outlay to contend that not withstand-10 ing his negligence or misconduct the deficiency or loss would not have occurred, but for the negligence (lr mi·sconduct of some other person (ii) the auditors shall state in writing the reasons for their decision in respect of every disallowance, surcharge or charge and a is copy of such decision sh~ be served on the person against whom it is made' in the manner laid down for the service of summons in the code of civil procedure, 1908 - (iii) any person aggrieved by any disallowance, surcharge or charge may, within fourteen days after the date of service on him 20 of the decision of the auditors, either-(a) make an application to the senior sub-judge to set aside such _ disallowance, surcharge or charge and the court, after taking such evidence as is necessary, may confirm, modify or remit such disallowance, surcharge or charge with such orders as to costs as i~ may think propel' in the circumstances; or (b) in lieu of such application, prefer an appeal to the administrator who shall pass such orders as he thinks fit (iv) where an application is made to the court under sub-clause (a) of clause (iii) the auditors shall be'the sole respondents thereto, 30 and the applicant shall not make 'either the a~ministrator or any other person a party to the proceedings (v) from the decision of the court under sub-clause (a) of clause (iii), an appeal shall lie to the idgh court (vi) every sum certified by the auditors to be due from a person under this act shall be paid by such person to the block develop-3s ment officer within fourteen days after the date of service on him of the decision of the auditors unless within that time such person has made an application to the court or pr~f:rr!d an appeal to the administrator against the decision; and such sum, if not so paid, or such sum as the court or the administrator declares to be due, shall be recoverable as if it were an arrear of land revenue 5 (vii) notwithstanding anything in this section the administrator m~y at any time direct that the recovery of the whole or ally part of the amount certified by the auditors or declared by the court or the administrator to be due from any person under this act shall be waived if in his opinion such a course is justified consider- j, ing all the circumstances of the case (5) the panchayat samiti shall pay to the administrator, out of its receipts such sum as may be determined by him towards the pay and allowances of such auditors or towards any other expenditure involved in the audit of the accounts of the panchayat samiti 15 , 30 (1) a motion exprcssing want of confidence in the president or in the vice-president of a panchayat samiti may be made in accordance with the procedure laid down in the following subsections motion of no confidence in president or vice-president (2) a written notice of intention to make the motion, in such 20 form as may be prescribed, signed by not less than one-half of the total number of members of the panchayat samiti, together with a copy of the proposed mot~on shall be delivered in person, ,by any - two of the members signing the notice, to the development commissioner 2s (3) the development commissioner shall tilen convene a meeting for the consideration of the motion at the office of thepanchayat samjti on a date appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him and he shall give to the members notice uf not 30 less than fifteen clear days of such meeting in such manner· as may be prescribed: provided that where the holding of such meeting is stayed by an order of a court, the meeting shall be adjourned, and the development commh;sioner shall hold the adjourned meeting on a date 3s<~ not later than thirty days from the date on which he receives the intimation about the vacation-of stay, after giving to the members ~ notice, of not less than fifteen clear days of such adjourned meeting (4) the quorum for such a meeting shall be three-fifths of the -total number of members of the panchayat samiti and the development commissioner shall preside at such meeting but if within half an hour after the time appointed for the meeting, the development commissioner is not present to preside at the meeting, the meeting shall ~'and adjourned to a date to be appointed by him ~nder s sub-section (5) explanation-in the determination of three-fifths of the total nuinber of members under this section any fraction arrived at shall be construed as one -(5) if the pevelopment commissioner is unable to preside at ute 10 meeting, he shall, after recording in writing the reaso!)s for' his absence, appoint a date on which the meeting adjourned under subsection (4) shall be held: provided that-' i l (a) the date so appointed by him shall not be later' than ~': is thirty days from the date fixed for the meeting under sub- l', sectl:) (~:ti::d of not tess than ten clear days of the adjourned "" meeting shall be given to the members f (6) save as provided in sub-sections (3) and (4) a meeting con-20 vened for the purpose of considering a motion under this section shall not fqr any reason be adjourned (7) 4s soon as the meetin~ convened under this section commences, the development commissioner shall read to the panchayat samiti the motion for the consideration of which the meeting has 25 been convened and declare it to be open for debate (8) no debate on the motion under this section shall be ad- (, journed (9) s~h dt!bate shall automatically termln8te on the expiration qf two hoursf~om the time appointed for ·the· coinmencement o~ the meeting if 1t is not concluded earlier and on the conclusion of the debate or on the expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote (lfl) the development commissioner shall not speak on the merits of the motion and he shall not be entitled to vote thereon (11) a copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall be forwarded forthv,dth on the termination of the meeting by the development commissioner to the administrator 'i',: (12) if the motion is carried with the support of not less than ·three-fifths of the total number of members of the panchayat samiti, the administrator shall, by notification in the official gazette, remove the president or the vice-president,' as the case mav be, and the resulting vacancy in the office of president or vjce-president shall be ftlled in accordance with the provisions of this part within the prescribed time s (13) if the motion is not carr;ed by such a majority as aforesaid or· if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing want of confidence in the same president or vice-president shall be made until after the expiration of six months from the date of the ft'leeung 10 31 (1) the administrator may, by order, remove from office the president, or vice-president or other member of a panchayat samiti, after giving him an opportunity of making a representation, if h e - " ~,-~ (a) cellses to be a member of the gaod babha, or is (b) incurs any of the disqualifications specified in section 9, or power of administrator to remove· president, vice-president or member of panchayat -samiti (e) refuses to act or becomes incapable of acting, or (d) is, in the opinion of the administrator, guilty of misconduct in the d;scharge of his duties, or 20 (e) is, in the opinion of the administrator, undesirable iq the public interest to be continued in office, or (f) has, in the opin;on of the administrator, acted against the interests of the gaon panchayat, or (g) disobeys any lawful order issued by any court or any 2s qther ·authority 'under this act or any other law for the time being tn· (oree, ~r (h) has caused financial loss, waste or misappropriation of any money, or property belonging to the panchayat samiti, by neglect or misconduct in the performance of his duties 3c (2) where the president, the vice-president or a member of a panchayat samiti is removed under sub-section (1), the "a~a"cy shau, subject to the provisions of sub-section (3) be fiijed in the madner specified in section 6 or section 11, as the case may be, within the prescribed time 3s (3) a president, a vice-president or a member removed fr<1m his oftice under this section shall not be eligible for re-election or renomiilation as president, vice-president or member for a period of three jears from the date of the order of removal (4) the administrator hall have power to review any order issued under sub-section (1) and pending such review to stay the ~rder of removal 32 (i) a panchayat samiti may ~ and if so required by the ad- joint 5 ministrator shall, join with one, or more than one, other local autho- ~::=_ rity in constituting a, joint committee for any purpose for which chayat they are jointly responsible samiti and (2) the constituti<'n, powers and procedure of the joint com- other mittee and the method of settling differences of ""iini"n arising in ~c:::;:ority 10 connection with such committee between the local authorities concerned sh~1i be such as may be prescribed 33 (1) the administrator may, ·by order ib writing, cancel an, power· to resolution pas~ by a :anchayat samiti or any standing c"mmit- ::;:r~~ tee thereof if,'ift his ,opinion, such resolution-solutiod of 15 panchayat (a) is not lawfully passed; or samiti (b) is in excess or abuse of the powers ~onferred by or under this act, or a~y other law; or (c) on its execution is likely to cause danger to human life, health or safety or is likely to lead to a riot or affray 20 (2) the administration shall, before takinl action under subsection (i), give '~he ,panchayat samiti an opportunity of showing cause against the proposed order (3)' ift in th'opinion of the 'developmaat :cormnissioner, immediate action is becessary to suspend a reaolutlon on any of the grounds referred to in clause (c) of sub-section (1), he may, ~y ~ order in writing, suspend the resolution and make a report to the ) ~ administrator f i,~ (4) the administrator may, eit~er on ~ own ~otion or on a l representation made by the panchayat samitiaggrieved by the r order made under sub-section (3), call for the record of the case in ~,'1vhich such order was made and pass such order in relation thereto fl' 18 he may deem fit but the administrator shall dot pass any order 1:' tarejudiciaf to the pa'nchayat samiti unless it is given an opportunity , of showing cause against the proposed order power of administrator to supersede panchayat samiti 34 (1) if, at any time, it appears to the administrator that a panchayat samiti is not competent to perform its functions or has ed or abused any of the powers conferred upon it by or under this failed to exercise its powers or perform its functions or has exceed-act, or any other law for the time being in force, the adm~nistrator 5 may direct the panchayat samiti to remedy such incompetency, failure, excess or abuse or to give a satisfactory explanation therefor and if the panchayat samiti fails to comply with such direction, the administrator may supersede the panchayat samiti for a period not exceeding one year from a specified date and reconstitute it in 10 accordance with this act on the expiry of that period: provided that on or before the cxp:;y of that period the admf-ilistrator may, by notification in the official gazette and, for rea-iods to be stated therein, postpone the reconstitution of the panchayat samiti for a further period not exceeding six months 15 ' (2) when a panchayat samiti is superseded under sub-seetion (1), the administrator may cause all or any of the powers andfu1'c-,ions of the panchayat samiti to be exercised and performed' by such person or authority as the administrator may appoint in that behalf during the period of its supersession or until the panchayat 20 samiti, is reconstituted in accordance with the provisions of this act, and any person or authority so appointed may, if the administrator so directs, receive remuneration for the services rendered from the funds of the panchayat samiti ,~:""' (3) (a) with effect from the date specified for the supersession of 2s a panchayat samiti under sub-section (1) all its members including its president and vice-president shall forthwith be deemed to balre-·vacated···their offices as such and they shall not be entitled tb be restored to office after: the expiration of the period 6f supersession ' (li) the members of a reconstituted panchayat samiti shall en-'30 ter upon their offices on the date specified for its reconstitution (4) if, at any time, it appears to the administrator that a stan-~~' ding committee of a panehayat samiti is not competent -to perform i· its functions or has failed to exercise its powers or perform its func--i tions or has exceeded or abused any of the powers conferred upon 35 it by or under this act or any other law for the time being in force, the ·administrator may direct the standing committee to remedy such incompetency, 'failure, excess or abuse, or to give a satisfactory explanation therefor and if the standing cominittee fails til comply with such direction, the administrator may dissolve the - standing committee and direct the panchayat samiti to reconstitute the standing committee immediately thereafter 35 no act of a panchayat samiti or of a standing committee acts of thereof shall be deemed to be invalid by reason only of a defect in =~a~~! 5 the establishment of such panchayat samiti or standing commit- to be tnvatee, or on the ground that the president, vice-president, chairman lidated by or any member of such panchayat samati or standing committee informawas not entitled to hold, or continue in, such office by reason of any lity li h' vacancy disqualification or by reason of any irregularity or illega ty in is etc 10 nomination, or election, as the case may be or by reason of such act having been done during the period of any vacancy in the office of the prcsicknt, vice-pj;esident, chairman or hthfr ~ember of such panchayat samiti or standing committee ' 36 (1) every m:'mber of a panchayat samiti including the president shall oa~ of 15 befo~e taking his scat make ~nd sub~r~be ~efore such authority as may be :!l:umee sp~ified by the admlnlstrator in this behalf an oa~or affirmation taken by according to the form set out fo~ the pm-pose in the second schedule members i i~ i ~ (2) if a person takes his seat at a meeting of the panchayat samiti before he has complied with the requirements of sub-section 20 (1) he shall be liable in respect of each day on wh~ch he so sits to a penalty· of twenty:fivc rupees to be recovered as a sum due to the panchayat samiti (3) the provisions of this section shall, so far as may be, apply the members of a standing committee of a panchayat samiti, are not members of the panchayat samiti ,37 (1) every panchayat samiti shall furnish to the administrator adminis- ' report on its administration for each financial year as soon as may tration after the close of such year, in such form and with such details as report may be prescribed (2) the report of the panchayat samiti ~hall be prepared by the block de\'elopment officer and the panchayat samiti shlflj consider forward it to the administrator with its resolution thereon the administrator shall cause the report to be placed before area advisory committee for consideration 38 any sum due to, or recoverable by a panchayat samiti under this act may be recovered as if it were an arrear of land revenue recovery of sums due to pancha)at samiti as arrears of land revenue 39 (1) any officer or other person whom the admini~trator mry empower in this behalf may enter on and inspe'ct,-powers of entry of inspectin, omeers (a) any 'immovable property, or any work in progress under 5 the control of any panchayat samiti; (b) any institution maintained by, or under the control of, any panchayat samiti and any records, registers or other documents kept in such institution; and (c) the office of any panchayat samiti ~nd any records, 10 registers or other documents kept therein (2) the panchayat samiti' or the institution aforesaid shall be bound to afford to the oftlcer or person referred to in sub-section (l) such access at all reasonable times, to its property or premises and to all documents as may, in the opinion of such officer, or person, be is necessary to enable him to discharge his duties under this act power of revision and review by administrator 40 (1) the administrator may, either on his own motion or on an application from any person interested, call for and examine the record of a panchayat samiti or of its standing committee or of any authority, subordinate to it in respect of any proceeding to satisfy 20 himself as to the regularity of euch proceeding or the correctness ie' gaety or propriety of any decision or order passed therein; and, if, in 8jly case, it appears ~ the admjnistrator that any such decision or order should be modifted, annulled or reversed or remitted for reconsideration, he may pais orders accordingly: provided that the administrator shall not pass any order prejudicial to any party unless such party has had an opportunity of making a representation, (2)· the administrator may stay the execution of any such deci- sion or order pending the exercise of his powers under sub-section (1) in respect thereof (1) the administrator may, oil his own motion or on an applie&tioll received from any person interested within ninety days of the passid' of an order under sub-section (1), review any such order, if it was passed by him uader any midake, whe:ther of fact or of law, or in ignorance of any material fact :md the pro\'isions contained in the proviso to sub ·section (1) and in sub-5~ction (2) shall apply to any 5 proceeding under this sub-section a they apply to a proceeding under sub-section (1), (4) every application preferred under sub-:;ec ~ion (1) or subsection (3) shall be accompanied by a ffe of fifteen rupees works 41 (j) the administrator may, by notification in the official delegation 10 gazette, delegate all or any of his powers or lunctions under this ~~~o;~'!r part, except those conferred upon him by this section and section 42 , to to any person or authority subordinate to him and may, in like transrl'l manner, withdraw any power or function so delegated institutions and (2) the exercise of any powers or functions delegated under sub-is secticn (1) shall be : ubject to such restrictions limitations and conditions as may be specified in the notification (3) a panchayat samlti or any person exercising or perfonning any powers or functions by or under the provisions of this part may delegate any of its or his powers or functions in writing to any person or authority, subject to such restrictions limitations and conditions as may be prescribed, (4) the administrator may transfer any institution or work under his management or con~rol to a panchayat samiti, subject to such restrictions limitations and ccnditit·ns as may be specified by hijn: provided that no such transfer shall be made unless the previous "~lrrse!nt of the panchayat samiti i - obtained (1) the administrator may, by notification in the official power to make rules for carrying out the purposes of this part, make rules in particular and without prejudice to the generality of the power, rules made under this section may provide for any of the following matters namely:-(i) the manner in which any election under this part may be held and disputes relating thereto settled: (ii) the manner of giving notices of meetings of a panchayat samiti to members; (iii) the term of office of a member elected to a standing ;, 0000mittee of a panchayat samiti; -\ (b)l8-s ':; (iv) the procedure to be followed at meetings of the panchayat samiti or standing committees thereof for the conduct of business and the number of members which shall form a quorum at any meeting; (v) the terms and conditions subject to which a panchayat 5 samiti may borrow money; (vi) the categories of matters on which information may be required by a panchayat samiti from any village officer; (vii) regulating the appointments to the posts created under sub-section (1) or sub-section (2) of section 24 and the 10 conditions of service of the holders of such posts; (viii) (a) the allowances of members of a panchayat samiti including the president and vice-president; (b) the travelling allowances of the president of a panchayat samiti; 15 (c) the allowances of members of a standing committee of the panchayat samiti; (d) the allowances of persons invited under sub-section (1) of section 15 to attend the meetings of a panchayat samiti or standing committee thereof; 20 (ix) other purposes for which the panchayat samiti fund may be applied; (x) the preparation of budget estimates of receipts and ex-; penditure of a panchayat samiti; (xi) the maintenance of the accounts of income and ex- 25 penditure and the statements that are to be submitted to the administrator or the rural area advisory committee; (xii) the form and manner of giving notices respectively under sub-section (2) and sub-section (3) of section 30; (xiii) the constitution of joint committee, its powers and 30 procedure and the method of settling difference of opinion between local authorities; (:!:iv) the form of the report of administration of a panchayat samiti and the details with which such report is to be lurnished; 3' " (xv) the procedure for making bye-laws by a panehayat samiti u'-d publication there of ; (xvi) the restrictions, limitations and conditions subject to which powers or functions may be delegated under sub-section (3) of section 41; (xvii) any other matter which has to be or may be pres-5 cribed 43, subject to such rules as rna\" be made under this part, a power of p h s d " l'anchnyat anc ayat amiti may, with the approval of the a mmlstrator, s 't't k ami i () rna e bye-laws for regulating its ?~nc'r:1ure +01' the cllnjuct of make business and generally for carrying ou: any of the purposes for bye-laws 10 which it is constituted part iii nvaya panch'wats44 (1) for the disposal of simple cases in any area to which establishthis act extends, the administrator may by notification in the om-:ea~a of 15 cial gazette, group two or more villages into a circle and ec:tah- panlish a nyaya panchayat for the circle cha: nts (2) in grouping two or more villages into a circle, the administrator shall have regard among other nntters to their contiguity, the facilities of communication available and the population in-20 volved (3) the nyaya panchayat shall be known by such name as may be specified in the notification 45 (1) a nyaya panchayat shall consist of the following mem- constitu bers, namely: _ tioll of 1 ~ ~5 nyaya pan-(a) two members elected in the prescribed manner h,y cha~ nts every gaon panchayat in the circle: [i ~ (b) persons co-opted by the elected members as provided in sub-section (2) (2) the following persons shall be co-opted by the elected '·]0 members to a nyaya panchayat,-, (a) two women, if no woman has been elected to the nyaya panchayat, or one woman if only one woman has been so elected; (b) one person belonging to the scheduled castes, jf no such person has been elected to the nyaya panchayat fuiufc tn :: !cct 46 if any gaon panchayat fails to elect a member of a nyaya panchayat or if the elected members of a nyaya parchayat fail to coopt a member as required by section 45 the administrator may 5 nominate any person who is qualified to be so elected or co-opted, as the case may be, to fill the \'acancy 47 no persori shall be eligible for election or co-option as a member of a nyaya panchayat unless he-ql;a iifications for :nember-(a) has comple-ted the' 8ge of thirty years; 10 ,)~:~ nf n::aya panchayat (b) is ordinarily resident in the case of a member to be elected, within the jurisdiction of the gaon panchayat electing him, and, in the case of a member to be co-opted within the jurisdiction of the circle for which a nyaya panchayat has been established; 15 (c) is able to read and write hindi or urdu48 (1) a person shall be disqualified for being chosen as, and for being, a member of a nyaya panchayat-disqualifications for membnship (a) if he holds any office under any gaon panchayat in the circle or under the nyaya panchayat; or 20 (b) if he is of unsound mind and stands so declared by a competent court; or (c) if he is undischarged insolvent; or (d) if he has been dismissed from service under the government or a local authority for misconduct; or 25 (e) if he has been sentenced by a criminal court to imprisonment for any offence involving moral turpitude, such offence' not having been pardoned; or : :: (f) if he is convicted of any offence under the untouchability (offences) act, 1955 30 i (2) if any question arises as to whether a member of a nyaya panchayat has become subject to any of the disqualifications men-1· tioned in sub-section (1) the question shall be referred t() the i prescribed authority whos£' opc'ision shall be final vacation 49 (1) if a member of a nyaya panchayatseat (n) brcomes subject to any of the disqualifications mentioned in sub-section (j) of section 48; or (b) ceases to reside for the prescribed period within the jurisdiction of the gaon panchayat which elected him or jn the case of a co-opted member, the circle, or (c) resigns his seat by writing under his hand addressed to the sarpancb; his seat shall thereupon become vacant elected or cohis seat in the (2) where a member of a gaon panchayat is 5 opted to be a member of a nyaya panchayat, gaon panchayat shall thereupon become vacant 50 (1) as nearly as possible, one-third of the members of a nyaya panchayat shall retire, as soon as may be, on the expiration of every second year in accordance with such rules as may be 10 made in this behalf term of office of members ofnyaya panehayats (2) a person retiring under the provisions of this section shan be eligible for re-election or for being co-opted again st every member shall before assuming office make and subscribe before s~ch authority as may be specified by the adminis-is trator in this behalf an oath or affirmation according to the form set out for the purpose in the third schedule oath to betaken' by members of nyaya panchayats sarpanch and upsarpanch 52 (1) the member shall elect in the prescribed manner one from among themselves to be the sarpanch of the nyaya panchayat and another to be the up-sarpanch 20 (2) if a nyaya panchayat fails to elect a sarpanch or an upsarpanch as required by sub-section (1), the prescribed authority may appoint any of the members to be the sarpanch or up-sarpanch, as the case may be, and such person shall be deemed to have been duly elected as the sarpanch or up-sarpanch duties of u 53 (1) the sarpanch and, in his absence, the up-sarpanch shall sarpanch r preside over every sitting of the nyaya panchayat and up-(2) in the absence of the sarpanch and up-sarpanch, the sar- sarpanch panch may nominate any member of the nyaya panchayat to prey jide over any sitting of the nyaya panchayat ~o (3) the sarpanch and up-sarpanch shall perform such other functions as are specified in this part or as may be prescribed 54 a sarpanch or up-sarpanch-vacation of office of sarpanch, etc (a) shall vacate his office if he ceases to be a member of the nyaya panchayat; (b) may, at any t;me by writing under his hand addressed to the prescribed authority, resign his office; r, j,(c) may be removed from office 'by a resolution of the nyaya panchayat passed by a majority of not less than three-fourths of the then total members of the nyaya panchayat at a meeting convened in the prescribed manner casual vacancies 55· any casual vacancy among the members of a nyaya panchayat 5 shall be filled in, the same manner ao: a regular vacancy, but the term of office of a member so chosen shall be the residue of the term of the person if: whose vacancy he has been chosen 56 (1) the administrator ~hall appoint a secretary to each nyaya panchayat, but nothing herein contained ~hall prevent the 10 appointment of the same person as secretary to two or more dyay panchayats secretary of a nyaya panchayat (2) a secretary of a nyaya panchayat shall assist the nyaya panchayat in the performance of its functions under this part and shall perform such other functions as may be pre~cribed is civil and criminal jurisdiction of nyaya pancl:ayat:';57 a nyaya panchayat shall try civil and criminal cases of the nature specified in this part functions of nyaya panchayat a-civil jurisdic"ion58 (1) the following sui ts are triable by a nyaya panchayat if 20 the amount or value thereof in each case does not exceed two hundred and fifty rupee"', namely:-suits triable b) nyaya panchayats (a) suits for money due on contracts; (b) suits for the recovery of any movable property ortha value thereof; 2 (c) suits for compensation for wrongfully taking or injuring any movable property; (d) suits f()r damage by cattle trespass: 1 provided that parties may by written agreement refer anyti :uit of the nature mentioned in this sub-section to a nyaya pan- 30j chayat fl1r decision by it if the amount or value of such suit ~ do"s nrt excef'a five hundred rupees and thereupon the ny8y , panchaynt shall dispose of such suit i~ accordance with the provision,: of thi~ act (2) notwithstanding anything contained in sub-section (1) the, administrator may, by notification in the official gazette, dpelre that nyaya panchayats in the entire area 0: any part thereof to which this act applies may try all or any of the suits of the nature mentioned in that sub-section or the proviso thereto, the amount cr vulue whe-reof does not exceed five hundred rup~e~ and one thousaml rupees respectively 5 59 notwithstanding anything mentioned in section 58, the fol- suits which lowing suits are not triable by nyaya l'ancruyatsmay not be tried (a) suit~ on a balance of par~nership account; by nyaya panchayats, (b) suits for a share or part cf a share under an intestacy or for a legacy or part of a legacy under a will; 10 (c) ~;uits for the recovery of rent of any immovable property; (d) suits for forec1csure, sale or redemption in the case of a mortgage of, or charge upon, immovable property or for the declaration of any other right to, cr interest in, immovable property; 15 (e) suits by or aga 'nst minors or persons of unsound mind; (f) [uits by or against the central or a state government or a local authority or a public servant in his official capacity; (g) suits the cognizance of wuch by civil courts is barred under any law for the time being in force 20 60 every suit under this act shall be instituted before the nyaya plaet' of panchayat of the circle in which the defendant, or any of the defend- suing " ants where there are more than one, at the time of the commencement of the suit actually and voluntarily resides 01 carries on business or personally works for gain 61 no nyaya panchayat shall try any suit in respect of any matter suits not which is pend~lllg for decision in, or has been heard and decided by to be entertain-" another nya)-'a panchayat or a court of ccmpetent jurisdiction in a ed when ii ? former suit between the ~ arne parties or those under whom they matter in f claim issue is pending or has been decided in another nyaya panchayat or court 82 if in the decision of a suit it becomes necessary to decide incidentally any question as to title to any immovable property or the legal character of either of the parties to the suit or of the existence of any contract or obligation, the nyaya panchayat may decide such question, but any such decision shall not be evidence of such title, 5 legal character, contract or obligation in any other action incidenlal dt:t~r­mination of questions as to title to immovable propert,}, etc not binding in other actilms limitation 63 every suit of the nature referred to in section 58 instituted before a nyaya panchayat after the expiry of the period specified in respect thereof in the table below shall te dismissed although limitation has not been set up as a defence 10 | | description | of | suit ||-----------------------|------------------|------------|-----------|| pl!riod | of | limitation | time from || which | | | || period | | | || b:gins to run | | | || three | years | | || is | | | || when | | | || the money became | | | || due to tbe plaintiff | | | || i | | | || for money due | | | || on | | | || contract | | | || three | years | | || when | | | || the plaintiff | | | || became | | | || entitled | | | || to the | | | || deuvery | | | || of | movable | | || property | | | || 2 | | | || for the reco'"ery | of | | || movable property | | | || or the value there- | | | || of | | | || 20 | | | || three | years | | || when the movable | | | || pr0- | | | || perty | | | || was | | | || wronsfully | | | || taken wbea | | | || iojury | was | | || done to it | | | || 3· | | | || for | rompensation for | | || wronsfully | | | || taking | or | | || i~ | | | || lny | | | || movable | | | || property - | | | |three years 4· for dam by cattle trespass when the damage was 2s c"ilused by the cattle trespass transfer of suit<: 64 on the establishment of nyaya panchayats, any court before whom a suit triable by a nyaya panchayat is pending or filed shall transfer the suit to the nyaya panchayat having jurisdiction and 30 such nyaya panchayat shall proceed to try, hear and determine the matter as if it had been instituted therein for the first time b-culm inal j urisdicti onis (i) the offences specirl~~ in the fourth ~ule are cogni- offences ~~e by a nyaya panchayat 1: ::-':i:nmitted within::lle local limits of cognizable , d' t' by nyava uris ic l o n , j -pancha-2) if the administrator is ~r:: :pinion that any eence not speci- yats ::1 m the fourth schedule is of 5luch a nature u- it may be tried lyaya panchayats or that arr~ offence so spec~ should cease to :'iable by them, he may by :ldtification in ~ ~cial gazette, -=--"'!ld the fourth schedule anc ith effec~ f!om ~ date of such :zlcltio:, any offence added to ~-:- removed from ~ foulth sche-::t2 shall become cognizable ora~ the case ma~ ~~, cease to be ::zable by nyaya panchayats, ) any notification issued umjer sub-section i ~ all not affect • ':rial of any criminal proceedulg pending bet i __ nyaya pan-,-,at on the date of the notification and such 2 ding may be r,:;slsed of by the nyaya pancbayat as if the i d' m itit>n had not issued in set"· i ew:: '15 no nyaya offences which - notwithstanding anything cuntained "ii:!1:lyat shall take cognizancemay not (1) of any offence of the!: punishaole llic!€fit: ;section 379 of be tried zle indian penal code in any ease where the- usedby nyaya pancha-(a) has been previously convicted of:a:: alienee punish- yats, able under chapter xvii of that code 'nr:tsz:: 1mprisonment of either description for a term of three y~~ upwards; or (b) has been previously fined by any :qz 4!'& panchayat for theft or for dishonestly receiving stoiea: aqjerty; or (c) has been ordered to execute a i :lidr his good behaviour in proceedings instituted under ___ •• 109 or 110 of the code of criminal procedure, 1898; ~ (2) of any offence under the indian penal "-- "-=::!! in any case either the complainant or the accused ia£~ llic servant member of the nyaya panchayat every offence shall ordinarily be enql1irl!a~· =-~, and tried place of ft'olf""" panchayat within the local limits of w~ 'jurisdiction trial rdlmmlit ted, !~"uj'ithstanding anything contained in sub~ ___ 1il1 (1) , rules this behalf may provide for the determinal em c the jurs-,j·jn of nyaya panchayats in ca"es where it is uncertain in which of several circles an offence was committed or by which nyaya panchayat an offence is to be tried persons 68 no nyaya panchayat shall try a person for an offence where convict~ he has already b: __ 1 tried by a court of competent jurisdiction or by 5 69 subject to the pro\-isions of any law for the time being in force, no nyaya panchayat shall take cognizance of any offence under this act after the expir~- ot one year from the date on which the iii offence was committed ~r ac~ult- another nyaya panchayat and convicted or acquitted cjf that offence, ed no to h·i h t· t i f be tried w 1 e suc convlc ion or acquit a remams in ·orce again for the same offence limitation for criminal proceedings 70 a nyaya panchayat may impose on any person convicted by it of an offence cognizable by it any sentence of fme not exceeding rupees one hundred, but it shall not be competent for a nyaya panchayat to impose on any person convicted by it a sentence of impri- 15 sonment, either substantively or in default of payment to fine limitation on powers of punishmentof nyaya panchayaw power to let off offedder after admonition 71 when any person is found guilty of an offence under this act, the nyaya panchayat finding him guilty may, having regard to the (:ircumstances of the case, including the nature of the offence and the character or antecedents of the offender, if it thinks it expedient 20 to do so, instead of imposing any sentence of fine on the offender, let him off after due admonition com-72 every offence cognizable by a nyaya panchayat shall be po unding -il of compoundable i offences '\ compen 73 if a nyaya panchayat is satisfied, after such enquiry as it 35' sation for thinks fit to make, that:1 cl)m_)hin~ brought before it is fals~ and either frivo-< false, d < frivolous lous or vexatious, it may order the complainant to pay to the accuse or vexasuch compemation not exceeding rupees ten as it think fit, and such ~ tious nyaya panchayat shall proceed to try, hear and determine the matter ~ complamts as if it had been instituted therein for the first time 30' transfer of criminal proceedings 74 on the establishment of nyaya panchayats any court before whom a criminal procfeding triable by a nyaya panchayat is pending or filed shall transfer the criminal proceeding to the nyaya panchayat having jurisdiction arid such nyaya pnnchayat shall proceed tc try, hear and detcnnine the m:jttet as if it had he en ir stituted therein for the first time procedurebenehes ofnyaya panehayate 75 (1) subject to such rules a': may be made in this behalf, a nyaya panchayat may discharge its functions under this act througb benches constituted by the sarpanch from among its members, each 5 brnch consisting of not les~ than three members (2) every such bench shall, as far as practicable, include a member from the village in which each party to a proceeding before the nyava panchayat ordinarily resides 76 (1) in the trial of any suit or criminal proceeding before it, procedure [0 the nyaya panchayat shall in general be guided by the principles of in c:iril natural justice, that is to ray,-~ cases (i) if a claim is made against any person or any person fl; accused of any cffence, that person shall be informed as soon as may be of the claim or the grounds of the accu~ation, as the case may be; , 15 (ii) every such person shall be given a reasqnable opportunity of being hrard in the matter before any decision is arrived at (2) in particular, a nyaya panchayat shall-20 c ~' i (a) in the trial of suits, fohow the procedure specified in the fifth schedule; and (b) in the trial of offences, follow the procedure specified in t the sixth schedule ,'~ 77 (1) a member of a nyaya panchayat, who is directly and disqwll1; 'ti,~rsonal1y intereste~ in ~ny suit or ~imina1 proceeding pending ~:~, ,~~fore it, shall be disqualified from trymg that case a c!: , ,'l "f~ (2) if a party to a suit or criminal proceeding before a nyaya panchayat objects to any member thereof on the ground that he is j;ijrectly and personally interested in the suit or proceeding, and the ,jilembrr does not thereupon withdraw from the nyaya panchayat, _",-the grounds cf obi('et ion nnd the reasons for the continuance of the ; -t::~ber shall be recorded ii, '18 the place in which a nyaya panchayat holds its sittings'shall ',~ !ileemed to be a place to which the public may have access _u; nyaya pancbayat to lit in public 79 subject to the other provis;ons contained in this act and any rules made thereunder, a nyaya panchayat shall have pow~ to regulate its 'own procedure, including the fixing of the places and time of its sittings power of nyaya panchayat to regulate its own procedure in certain matters 80 (1) in every proceeding coming before it, it shall be the duty s of a nyaya panchayat in the first in~tance to make every endeavour to bring about an amicable settlement between the parties duty of nyaya panchayat to effect settlement wherever possible (1) without prejudice to the g'!nerality of the powers conf rred by sub-section (1), the nyaya panchayat may, for the purpose of bringing about such settlement adjourn the proceeding and l'eft:r 10 the matter to any person or persons ncminated by the parties in this behalf with direction~ to report to the nyaya panchayat within a time to be specified by it as to whether a settlement can be and has been effected, and shall dispose of the proceeding conformably to such report 81 no legal practitioner shall be permitted to appear, plead or act on behalf of any party before a nyaya panchayat: provided that a person who is arrested shall have the right to consult and be defended by a legal practitioner of his choice legal practitioners excluded from appearance appearance by agent 82 subject to the provisions of section 81, any party to a suit or 20 criminal proceeding may appear before a nyaya panchayat either in person or by such agent duly authorised by him as the nyaya 1 panchayat may admit as a fit person to represent him ~ , di1bcult 83 (1) when any nyaya panchayat is of opinion that any suit or cases may criminal proceeding before it is of such a nature or is so difficult ' be referrea or important that it ought to be tried by a court or that the accused, by nyaya in the criminal proceeding ought to receive a punishment different ~\ p:~:-in kind from or more severe than that which the nyaya panchayat ' ~trict or is empowered to inflict, it shall ~tay the suit or criminal proceed-; sessions ing and refer the matter to the senior sub-judge 010, the chief judi- ~ court cial magistrate, as the case may be for orders) (2) the senior sub-judge or the chief judicial magistrate, after'i considering the case, may direct that the suit or criminal proceed- :t ing may be transferred for trial to such civil or criminal court as he 1', ," may specify ;n thlr be-half, or return the suit or criminal pro- ceeding to the :nyaya panchayat with suitable directions for trial { 84 (1) the provisions of the code of civil procedure, 1908, shall certain not apply to any suit before a nyaya panchayat laws not to apply to nyaya (2) the provisions of the code of criminal procedure, 1898 panchashall not apply to any criminal proceeding before a nyaya panchayat yats 5 (3) nothing in the court fees act, 1870, or the indian evidence a('!: 1872, shall apply to any proceeding before a nyaya panchayat judicial con/tol of nyaya panchayacsr5 (1) if it is made to appear to the chief judicial magistrate power to that in the interests of justice it is necessary so to do, he may on tr~n~fealr - crimm 10 application made to him in this behalf transfer any criminal pro- proceedceeding pending before a nyaya panchayat to another nyaya pan- ings chaya~ or to a judicial magistrate subordinate to him, and the nyaya panchayat or the judicial magistrate to whom any such criminal proceeding stands transferred, shall proceed to try, hear and deterts mine the matter as if it had been instituted therein for the first time (2) where any application under sub-section (1) is dismissed, the chief judicial magistrate may, if he is of opinion that the application was false, ard either frivolous or vexatious, order the appl:caj'lt to pay by way of compensation to any person who has opposed the applica-itl tion such sum not exceeding one hundred rupees as he may consider proper in the circumstances of the case 86 the senior sub-judge may, at any time, on his own motion ~ev~~on or on application made by an aggrieved person within sixty days of m clvll th · e passing of any decree in a civil suit by a nyaya panchayat, call ~ 'fbr and examine the record of the case for the purpose of satisfying , as to the correctness, legality or propriety of the decree, · and may after giving a reasonable opportunity to the parties to be · heard, pass such order thereon as he thinks fit i 87 the chief judicial magistrate may, at any time on his own revision thotion or on application made by an aggrieved person within sixty in crimi- ' nal cues " of the passmg of any order or sentence by a nyaya panchayat a criminal case call for and examine the record of the case for purpose of satisfying himself as to the correctness, legality or , • of the order or fent'!nce and ,may~ after giving a reasonaopnortu'1ity to the partie's to be heard, pass such order thereou thinks fit decree, etc, not to be modified if substan 88 notwithstanding anything conu"" i,, t'on 86 or section 'ii sec i 87, no decree, order or sentence of a ny,/" < h 'at shall be varied f ,~nc ay or revised merely on the ground 0 bi", i '~~gularity or illegality, if in the opinion of the senior sub-judw ', ~ the case may be, the chief judicial magistrate substantial )'i", ,~, ~~s been done to the 5 parties by the nyaya panchayat ~ tial justice has been done power to stay further proceedings 10 89 the senior sub-jud~e or, as the '·it, ftl be the chief judid· th d' ay, cia] magistrate may, pen mg e isp1,,j i" any proceeding before him under this act direct that-(i) the execution of any decfc:a , /h ijtayed; or (ii) further proceedings in resfho/, ,,, anv criminal proceeding be stayed or the execution of oj//,/ ,t'nte~ce be suspended 90 any order passed in revision ij'", ~ the provisions of this part shall be fina'l and ro further -t't'lfcation for revision or review thereof shall lie 15 order in revision to be final 91 except as provided in this part, "'i",,~ decree order or ~entenc~ of a nyaya panchayat shall be fin'tl' , finality of decrees, - etc, of nyaya panchayats other provislums as to ny4j1h ~tfhchayacs92 except as provided 'in this pari, litt civil or criminal court shall try suit or take cognizance of 141'\~ offence which is triable 2q by a nyaya panchayat jurisdic_ tion of nyaya panchayat to be exclusive report from nyaya panchayat in maintenance cases 93 (1) any magistrate making ~\\ enquiry under section 488 of the code of criminal proceq\\\~, 1898, may require from the nyaya panchayat in whose circle ~h~ wife, chi'ld, husband or parent resides, a report as to the ailla\\\\\ of maintenance which, having regard to the circumstances of u,~ \)brties, should be made payable, and such report shall be ev1del\~~ ,~ such enquiry l (2) no member of a nyaya panchayl\~,""tt be required to atte~d: as a witness touching any matter on wh" \, 'he report itself is evld- jii ence, but the magistrate may call for " \\wlher report 'i 94 (1) subject to the ru~es, i~ any, "\ "'~pects quorum, a ny~ya ~ panchayat may try any civil suit or cn"''''ni proceeding notwlth standing the absence of any member proceeding not to be invalidated by reason of absence of some members (2) no proceeding before a nyaya p~'~'~yat shall be deemed ~ " be invalid by reason mere]y that all th" ',;embers of the nya~, panchayat or a bench thereof, as the cas,,· ",,\y be, were not presen ' at any hearing of the proceeding or that some of the members were not present at all the hearings 95 any decision of a nyaya panchayat, if it is not unanimous, decision shall be in accordance with the opin!on of the majority, and where of nyaya 5 the members are equally divided in their opinion, the person pre-~:~~h::at siding shall have a second or casting vote majority 96 a nyaya panchayat shall have no power to cancel, revise nyaya or alter any order passed by it but clerical and arithmetical mis- panchayat takes in any order or any decree arising therefrom due to any acci- to have no power 10 dental slip or omission may at any time be corre~ted by the nyaya to alter panchayat either on i1s own motion or on the application of any de~ision of the parties etc 97 subject to such rules as may be made in this behalf and to the payment of the prescribed fee, the records of 'a nyaya is panchayat shall be open to inspection by, and certified copies thereof shall be given to, such persons as apply for the same records of nya~a panchayat! to be open to inspection 98 (1) the administrator may authorise, in consultation with inspection the high court, exercising jurisdiction in relation to delhi any judicial of nyaya officer or may appoint a s;>ecial officer for the inspection of nyaya pancha- ~~h~~tfn_ " yats and for the purpose of guiding and training them in the performance ing of - of their duties members j, - (2) any report of such judicial or special officer shall be sub- thereof mitted to the prescribed authority 99 the provisions of the judicial officers' protection act, 1850, , shall apply to members of nyaya panchayats in the discharge of , their official duties as they apply to judges and magistrates a conviction by a nyaya panchayat under this act shall not deemed to be a previous conviction for the purposes of section 75 the indian penal code or section 562 or section 565 of the code 1898 application of judicial oftlcers protection act, 1850 conviction by maya panchayat not a previous conviction for certain purposes " 101 (1) if in the opinion of the prescribed authority, a member- removal h of mem-(a) has been guilty of misconduct in the discharge of ~ bers in or of any disgraceful conduct; or certain (b) "has absented himself without lawful excuse from cases ~ee1~lnlrs of a nyaya panchayat so as to render his continuance in office undesirable or has otherwise neglected or refused to perform, or has become in :apable of performing any of the duties as a member; or (c) has rendered himself unfit to perform the duties of his office by reason of his active associat!on with any political party 5 or with any religious, racial, language, caste or communal group; or (d) should be removed from office for any other reason in the public interest; he may, after givirg the member an opportunity of being head ard after 10 such enquiry as he thinks fit to make, remove him frcm membc:rship (2) pending such enquiry, the member may be suspended from office for such period as the prescribed authority thinks fit (3) a member removed from office under thi:; se:tion shall be disqualified from being chosen as a member of any nyaya panch- 15 ayat for such period as the prescribed authority may, in the order of removal or in any subsequent order passed in this behalf, specify power to dissolve nyaya panchayat 102 (1) if, in the opinion of the administrator, a nyaya panchayat has abused its powers or has made a persistent default in the performance of its duties or is for any other reason unable to dis- 20 charge its functions, the administrator may, after giving the nyaya panchayat an opportunity of furnishing an explana'ion, by order notified in the official gazette, dissolve the nyaya panchayat (2) where a nyaya panchayat is dissolved, all the members thereof shall, from the date of the order, be deemed to have vacat- ~~ ed their offices (3) where a nyaya panchayat is dissolved under this se::tion, a new nyaya panchayat shall be established as soon as practicable in the manner provided in this part 103 (i) as from the date of dissolution of a nyaya panchayat all civil or criminal proceedings pending before the nyaya panchayat shall, on that date, stand transferred to the court of the senior sub-judge or the court of the chief judicial magistrate, as the case may be legal proceed_ ings on dissolution of nyaya panchayat (2) the senior sub-judge or the chief judicial mag~strate, shall thereafter transfer all civil or criminal proceedings as the case may be, to any court subordinate to him and competent to try such proceedings and such court shall proceed to try, hear determine the matter as if every sucii procxding had b~en irs::tuted therein for the first time 104 the administrator may, by notification in the official power to gazette, direct that any of the powers which may be exercised by delegate shim und"!r thi; part excent those conferred u~n him bv this s:ctio~ and sectio:l 106, may ais') be exercicjed by such officer sub~rdinate to the administrator and subject to such condition) a; may be s)ccified in the notification and may, h like manner, withdraw any power so delegated 105 notwithstanding anything, contained in this part, if the power to 10 administrator is of opinion that, having regard to the conditions modi~y prevailing in any area, it is necessary or expedient so to do he may, cert~l~ b fi h y nob cahon 10 t e official gazette, declare that clause (a) of provlslons sub-section (2) of section 45 or clause (c) of section 47 shall not app1y there to or shall apply thereto with such modifications ~s may be 15 s:,ecified in the notification 106 (1) tile administrator may, by notification in the official power gazette, make rules for carrying out the purposes of this part to make rules (2) in particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide 20 for-(i) the manner in which any election under this part may be held and disputes relating thereto settled; (ii) the manner in which and the authority by which que~­tions relating to disqualificationsof members may be decided; 2s (iii) the manner in which members shall periodically retire and their places filled, whether by election or co-option, as the case may be; (iv) the authority before which members shall take the oath of office, and the allowances, if any, payable to members; (v) the manner in which the sarpanch and u~sarpanch are to be elected and their powers and duties; (vi) the conditions of service of the seeretary and other servants of a nyaya panchayat and their duties; (vii) the determination of the jurisdiction of a nyaya pancha1at in cases where the scene of offence is uncertain or where the offence is a continuing one or consists of reveral acts; (viii) the manner in which and the conditions subject to which benches of a nyaya panchayat may be formed; (i,r) the manner in which any process issued by a nyaya panchayat may be served; (x) the procedure to be followed by nyaya panchayat in respect of matters within its jurisdiction; (xi) the manner in which any decree or order passed by a nyaya panchayat may ,be executed by way of distraint and sale and the properties exempt from distraint; (xii) the records and registers to be maintained by a nyaya panchayat and the manner in which they shall be maintainred; (xiii) the manner in which and the fees subject to the payment of which records of a nyaya panchayat may be inspected and certified copies obtained; 10 (xiv) the manner in which the working of a nyaya panchayat may be inspected and instructions or training given to members; (xv) the audit of any fund placed at the disposal of a nyaya panchayat and the head of account to which any moneys rea- lised by a nyaya panchayat shall be credited; i) (xvi) the authority by which and the manner in which a member may lbe remov~d from office and appeals from any such order of removal; (xvii) any other matter which has to be or may be pres- 20 cribed part iv rural area advisory committeeestablish-107 (1) with effect from such date as the administrator may, ment of by notification in the official gazette, appoint in this behalf, there 25 rural shall be established a committee by the name of the rural area are~ advisory committee (hereinafter referred to in this part as the ~ advisory committee committee) (2) the committee shall consist of the executive councillor in charge of rural development as the chairman and the following 30 other members, namely:-(i) the members elected to the house of the people from the constituencies of which the rural areas form a part; (ii) the members elected to the metropolitan council from the constituencies situated within the rural areas; (iii) the members elected to the municipal corporation of \ delhi from the wards situated within the rural areas; (iv) all presidents and vice-presidents of pancnayat samitis; (v) the chairman of the rural areas committee, as and when such a committee is constituted by the municipal corporation of delhi 5 explanation-in, this sub-section executive councillor means the executive councillor referred to in sub-section (1) of section 27 of the delhi administration act, 1966 108 the admin\strator shall appoint a secretary to the com- secretary jo mittee who shall afaist the committee in the performance of its of ii - unctions and shad perform such other lunctiods as may be pres- ~~~ cribed 109 (1) the committee shall advise the administrator on all functions matters concerning the activities of gaon panchayats and pan- ~f 15 chayat samitis ommttee (2) in particular, it shall be the duty of the committee-(a) to make recommendations to the administrator in relation to-(i) the budgets of the panchayat samitis; ~, 20 (ii) the distribution among the panchayat samitis the ad hoc grants to be allotted to them; - ' (iii) the co-ordination and consolidation of the plans proposed by the panchayat samitis; (iv) the co-ordination of the work of gaon panchayats and panchayat samitis (b) to review the progress of work done by panchayat samitis; (e) to bring to the notice of the administrator deficiencies in the rural are~s and make suggestions to him for the removal of such deficiencies; (d) to discharge such other functions in relation to the rural areas as may be assigned to it by the administrator '! 110 (1) the committee may meet as often as may be necessary meetings, ildd shall observe, subject to the provisions of sub-sections (2) and " (3), such rules of procedure in regard to tran$8ction of business at ita meetings as l'par be 'presc;r~b~; provided that not more than three months shall elapse between one meeting of the committee and another (2) the chairman of the committee or in his absence any member nominated by him in that behalf shall preside at any meeting of the c"tt'mittee 5 (3) all questions at a meeting of the committee shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the chairman of the committee, or in his absence the person presiding, shall have a secoad or casting vote 10 (4) the members of the committee may be paid saeh allomlneelio as may be prescribed for attending meetings of the commit:tee 111 (1) the administrator may, by notification in the official gazette, make rules for carrying out the purposes of this part power to make rules - (2) in particular, and without prejudice to the generality of 15 the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) allowances of members of the committee; (b) meetings of the committee and the procedure for conducting business there at; :20 (c) conditions of service of the secretary and other servants of the committee and their duties; (d) any other matter which has to be or may be prescribed :25 part v &,endment to the delhiland reforms aer, 1954 and 11ie delhi panchayat raj act, 1954 112 in the delhi land reforms act, 1954, in section 153, clause (b) shall be omitted tmend_ ment of the delhi land reforms act, 1954 ~ - 113 the delhi panchayat raj act, 1954, shall be amended in 30 ~ the manner and to the extent specified in the seventh schedule amendments of the deihl panchayat raj act, 1954 114 as from the date on which section 113 is brought into force transi-(hereinafter reft!rred to as the said date),-tional provisions (1) the panchayati adalats shall stand abolished; (2) (a) all civil proceedings pending before the panchayati 5 adalat shall, on the said date, stand transferred to the court of the senior sub-judge; (b) all criminal proceedings so pending shall, on the aforesaid date, stand transferred to the court of the chief judicial magistrate; 10 (e) the senior sub-judge or the' chief judicial magistrate shall thereafter transfer all civ;1 or criminal proceedings, as the case may b~, to any court subordinate to him and competent to try such proceedings and such court shall proceed to try, hear and determine the matter as if every such proceeding had been instituted therein for the fii"5t time; 15 jo < (3) all proceedings under sections 27 and 28 of the delhi land revenue act, 1954, pending before a panchayati adalat shall, on that date, stand transferred to the revenue officer competent to try such proceedings under the provisions of the said delhi land revenue act, 1954 and such revenue officer shall try, hear and determine the matter as if every sucd proceeding had been instituted before him for the first time; , ' r (4) any decree, sentence or order passed or made before the said date by any panchayati adalat shall be deemed, for the purpose of execution, to have been passed or made by the civil or criminal court or the revenue officer, as the case may be, competent to pass or make such decree, sentence or order immediately after the said date; (5) the provisions of section 75 of the delhi panchayat raj - act, 1954 relating to revision shall apply to a suit, criminal case or proceeding disposed of by a panchayati adalat immediately before the said da te; (6) where any panchayati adalat has by reason of its abolition under sub-section (1) ceased to have jurisdiction with respect to any suit or criminal case, any proceeding in relation :to such suit or criminal case which if that panchayati adalat 'fhad not ceased to have jurisdiction might have been had ~lberein may be had in the civil or criminal court to which the pending proceedings of the panchayati adalat have been trans-'med \li1der this section; (7) nothing contained in this section shall be construed as extending the period of limitation to which any suit or criminal case or proceeding or revision may be subject and the period of limitation in respect of these cases shall be as specified in the relevant provisions of the delhi panchayat raj act, 1954 5 as if those provisions had not been repealed by this act part vi miscellaneous115 every member of a panchayat samiti or a nyaya panchayat 10 and every person employed in the discharge of any of the duties or in the exercise of any of the powers vested in a panchayat samiti or a nyaya panchayat under this act shall be deemed to be a public servant within the meaning of section 21 of the indian peral code members of panrhayat samiti, etc, to be public servants 116 no civil court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this act, for the conduct of any election l injunction not to be granted in certain proceedings disquali-117 (1) every person convicted of an offence punishable under 20 fications chapter ixa of the indian penal code or under any law or rule arisin~ out relating to the infringement of secrecy of voting at an election shah of election b d' }'fi d f f b' ltd' i t' offences e isqua 1 e rom votmg or or emg e ec e in any e ec ion under this act or for holding the office of a member of a panchayat samiti or a standing committee thereof or a member of a nyaya 2' panchayat for a period of six years from the date of his conviction (2) the administrator may, for reasons to be recorded, remove any disqualification under this section or reduce the period of any such disqualification protection of acts done in good faith 118 no suit, prosecution or other legal proceeding shall be instituted against any panchayat samiti or any member or officer or servant thereof or any officer or servant of a nyaya panchayat or of government for anything which is, in good faith done or intended to be done under this act or the rules made thereunder power to remove difficui-~ies 119 if any difficulty arises in giving effect to the provisions of this act, the administrator may, by order published in the official gazette, make such provision not inconsistent with the purposes of this act which appear to him to be necessary or expedient for the purpose of removing the difficulty 1200 every rule made under this act shall be laid as soon as may laying b f 0 0 d b f h h f p 10 t hoi 0 0 0 of rules eater it is rna e e ore eac ouse 0 ar lamen w 1 e it is in session for a total period of thirty days, which may be comprised in cnc 5e~<;ion (jr in lwo ~,u(;cessive sessions, and if, before the expiry oi 5 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 e'ffect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment 10 shall be without prejudice to the validity of anything previously done under that ruleo the first schedule [see section 17 (1)] powers and funct:::ons of panchayat samitis 1 community developmentthe execution oof all programmes under community development in association with gaon panchayats, co-operative societies, voluntary organisations and the people 2 agricuzturethe doing of everything necessary to step up agricultural production and in particular-(i) multiplication and distribution of improved seeds; (ii) distribution of fertilisers; (iii) popularising of improved techniques, methods and practices and improved implements; (iv) achieving self-sufficiency in green manure and composting of farmyard manure; (v) encouraging fruit and vegetable cultivation; (vi) reclamation of land and conservation of soil; (vii) providing credit for agricultural purposes; (viii) propagating and assisting in plant protection methods; (i,r) laying out demonstration plots and working out better methods of fa~m management; "i '~, (z) bringing more acreage under irrigation by renovating sinking wells, repairing and digging private tanks; (xi) utilising more power for agricultural purposes; (xii) exploiting underground water sources by sinking wells, filter points and tube wells; (xiii) tree planting; (xiv) growing of village forests 3 animal husbandry and fisheries(i) upgrading local stock by introducing pedigree breeding bulls and castrating scrub bulls (ii) introducing improved breeds of cattle, sheep, pigs and 10 poultry (iii) controlling contagious diseases by systematic protection (iv) introducing improved fodders and feeds (v) establishing and maintaining of artificial insemination centres, first aid centres and minor veterinary dispensaries (vi) dairying and milk supply lsi (vii) educating the people about the importance of better cattle " for both milk and draught 4 rural sanitation(i) providi~g drains and soakage pits for village and house drainage (ii) encouraging the use of sanitary type of ing human waste (iii) popularising o'f smokeless chullas (iv) securing the co-operation of the people and the }lclji'yu"3 during epidemics (v) carrying out environmental sanitation campaigns and cating the public in (a) nutrition, (b) maternity and child health, (c) communicable diseases and (d) 'family-planning and the like 5 so~al educationthe creation of a new outlook among the people and them self-reliant, hard working and responsive to community and in particular-(i) establishment of information, community and - tion centres; (ii) establishment of youth organisations, mahila mandals, farmers club and the like; (iii) establishment and popularisation of libraries; (it') organisation of watch and ward; 5 (v) encouragement of physical and cultural activities; (1,i) training and utilisation of the services of gram sewaks 6 co-operationthe securing of economic development along democratic lines by the application of co- operation in its infinitely varying forms and in 10 particular-(i) establishment of co-operative credit industrial irrigation, farming and multi-purpose societies in order to serve the maximum number of families; (ii) encouragement of thrift and small savings 7 cottage industriesdevelopment of cottage, village and small scale industries in to provide better employment opportunities and thereb~' raise standard of living and in particular-(i) the establishment and maintenance of production-c'umtraining centres; (ii) the improvement of the skills of artisans and crafts-(iii) the popularisation of improved implements: and (iv) implementation of schemes for the development of ~"cltt8ijle village and small scale industries financed by the ;~&alliiiw and village industries commission and the all-india 8 women welfare, '~plementation of schemes specially designed for the welfare and children and in particular the establishment of women __ i&&u welfare centres, literacy centres crafts and dress-:~entres and the like 9 social welfareplii~[eulent of hostels subsidised by government for the scheduled castes scheduled tribes and backward clec;ses (ii) implementation of rural housing schemes (iii) maintenance of diseased beggars and control of vagrancy (iv) strengthening of voluntary social welfare organisations [,nd co-ordinating their activities (;') propagation of temperance and prohibition 5 (ri) removal of· untouchability 10 emergency reliefprovision of emergency relief through voluntary effort in casea of distress owing to fires, floods, epidemics and other wide - spread calamities 10 11 collection of statisticscollection and compilation of such statistics as may be found necessary by the panchayat samiti, the rural area advisory committee or the administrator 12 self-help programm,e isformulation and execution of suitable programmes for stepping up production and 'for raising the incomes and for the improvement of sanitation and for the provision of amenities for the people 13 tn&stsmanagement of trusts for the furtherance of any purpose to which 20 ' the panchayat samiti fund may be applied " the second schiidule [see section 36(1 )] form oj' oam4 i, , having become a member of the panchayat,~ samiti do sfl)ear in the name of god that i will bear true faith and c:ji1 allegiance - t:~~:ution of india by law tablished, that 3" 11 i will uphold the sovereignty and integrity of india, that i will faith-' fully and conscientiously discharge my duties as a member of the panchayat samiti and that i will do riiht to all manner of people in accordadce with the constitution and the jaw without fear or favour, aftection or ill-will· the third schedule (see secdon 51) form of oatilelected 5 i, , ' ' , , , ' , , , " having been co-opted ro be a member nominated of the nyaya panchayat of do swear in the name of god that , solemnly affirm 10 i will bear true faith and allegiance to the constitution of india a~ by qaw established, that i will uphold the sovereignty and integrit, of india, that i will faithfully and conscientiously discharse my duties as the member of nya ya panchayat and that i will do ri8ht to all manner of people in accordance with the constitution and the law 15 without fear or favour, affection or ill-will the fourth schedule [see section 6s (1) and (z)] offences triable by nyaya panchayats a-ofjences under the indian penal code20 explana~ory note -the entries in the first column are not intended as definitions of the offences described in the corresponding sections of the indian penal code or even as abstracts of those sections but merely as convenient references to the subject matter of the section, the number of which is given in the second column 25 ofjence section committing a1fray 160 absconding to avoid service of summons, notice or other i proceeding' 172 ~ not obejb1i a legai order to attend at a certain place in : 30 person or by agent or departing therefrom without authority '7 ~ intentionally omitting to produce a document by a person legally bound to produce or deliver such document 175 refusing ~oath when duly required to take it being legally bound to state truth and refusing to answer 3s k '79 180 questions refusing to sign a statement when legally required to do so deftling the water of a public spring or reservoir 2'7'i 2,8 making atomosphere noxious to health causing danger, obstruction or injury in any public way or line of navigation | omittmg | to ||----------------------------------------|--------------------|| take | || ,jrcier | || wl1l1 | || an~- | || animal | || so | || as | || to | || guard | || ~igainst | || danger | :'\ || ~ite | || 01' | || of | || gri('volis | || hurt | from || such | || animal | || cnmmittil | || ~ | || a | || i"uhli( | || rl1i·an\:~· | || l | || )bsccnl' | || ad; | || and | || s<1:' | gs || ,,~ | || ' | || -'"" | || volu'1tarily | causing || voluntarily | causing || nn | || gran' | and || tion | || not | intending || to | hurt || an~' | || nthp]" | || 1 | || han | || the' | || person | || who | || gmt | || the | || rrp\·('~-lti,,·n | || wrongfully | restraining || in | || a | || ssault | or || uf | || criminal | force || othenvis(' | || t | han || and | || sudck:l | || pnl\·~)~llil)n | || 35::! | || assault | or || 011 | || grave | pro\'ocation || :i58 | || theft-valu£, | || of | stolen || property | not || 50 | 379 || dishonestly | receiving || ing | it || cecdir | || g | || rs | || 50 | || _p | || i | || :\iischief, | where || to | || lest | than || , | || -' | || mischief | by || 01' | || rendering | || useless | any || of less | || than | rs || 50 | || 428 | || 447 | || < | || :riminal | || tn:spas, | || (:riminal | || intimidation | || 506 | || first | part || -\ppearing in a public place etc, in | || a | || state | || of | || intoxication | || 2~ | || and | causing || 5 | || 10 | || explanation | || i-the | offences specified || 172, | 174 || 175 | || 178, | 179 || 180 | || shall be | triable || if | || they | have || a | || nyaya | panchayat || a | || gaon | panchayat || 3 | || 0 | |e:eplclncttioll n-the uffences specified in this list shall include> ,hc! mert, (if n-- d attempts [,) commit, such offences, 13 -- otj'ep('es u/lder otller acts the police act, 1861 section 34 the cattle trespass act 1871 sections 24 26 and 27 fhp delhi panchnyat raj a~t 1954 the delhi publi(' gambling act, 1955, sections 3 4 7 and 12 the pj'f",'l'nt!(l11 ()f crut:·l~' '1) animals act 1960, sections 11 ,iiid the fifth schedule[see section 76 (2) (a~\] procedure for the trial or suits1 ar:y person wishing to institute a suit under this act may l~stitll~ k 1· t' h h if 11 h tlon 01 , 11la e aj1 app lea ion in t at be a in "-ritlng or ora ~ to t e sar- suits panch or up-sarpanch of the nyaya panchayat of the circle in which the defendant or any of the defendants, where there are more than ·me' ordinarily resides or carries on business at the time of the in--: t it u tion of the suit :! where an applicatiun for the institution uf a suit is made ~uil 111"-1 h lltuted oral y, t e sarpanch or up-sarpanch, as the case may be, shall cause 'lrall\' the substance of the application to be recorded without delry and ' ~~( the document signed by the plaintiff :1 a plaintiff may relinquish any portion of his claim in order to plaintiff i'; bring hit: suit within the jurisdiction of the nyaya panchayat may forego claim to bring suit with-in jurisdiction 4 (1) in respect of every suit instituted under this act, the fol- fees in lowing fee shall be payable: -!'liits | value | of | claim ||---------------|---------------|---------------|| | | || __ | | || _---- | | || | court | || fee | to | || be | | || paid | | || up | | || to | | || rs | | || 50 | | || re | | || i | | || exceeding rs | | || 50 | | || but | not | exceeding rs || 100 | | || exceeding rs | | || 100 | | || but | not | exceeding || rs | | || 200 | | || exceeding | | || rs | | || 200 | | || but | not | exceeding rs || 300 | | || exe | | || eeding rs | | || 300 | | || but | not | exceeding || rs | | || 400 | | || rs | | || 2 | | || rs | | || -l | | || rs | | || 6 | | || rs8 | | || rs | | || jo | | || rs | | || 12 | | || rs | | || q | | || rs | | || 16 | | || rs | | || ix | | || rs | | || 20 | | || exceeding rs | | || 400 | | || but | not | exceeding rs || 500 | | || exceeding rs | | || 500 | | || but | not exceeding | rs || 600 | | || exceeding rs | | || 600 | | || but | not | exceeding || rs | | || 700 | | || exceeding rs | | || 700 | | || but | not exceeding | || rs | 800 | || exceeding | rs | || 800 | | || but | not exceeding | || rs | | || 900 | | || exce:'eding | | || rs | | || 900 | | || but | not exceeding | || rs | 1000 | |the fee may be paid in the form of court fee stamps and i f fee stamps are not available in the vi1lage where the nyaya t sits it may be paid in cash ticgistranon or suits 5 e\'er~' suit instituted under this act shall be recorded without delay in a register of suits to be maintained in such form and in such manner as may be prescribed suit:; beyond iuri:;dic'-6 if at any time it appears to the nyaya panchayat that it has no jurisdiction to try a suit, it shall direct the plaintiff by order in 5 writing to file his suit in the proper court ~iijn is~uc ot' ',ommons 7 when a suit has been duly instituted, the nyaycl panchayat may cause a written summons in the prescribed form to be served on the defendant requiring him to attend and produce his evidence nt such time and place as may be stated in the summons and shall (0 ;,t the same time direct the plaintiff to attend and produce his evidence at such time and place 8 subject to the provisions contained in rule 10, every summons issued under rule 7 shall be served in the prescribed manner per-summun:; how to be sern'd sonall~· un the defendant whose signature shall be taken in token 15 of service· substituted service 9 if the defendant cannot be found and the nyaya panchayat is satisfied that he is evading service or if he refuses to take the summons the nyaya panchayat may order service to be made on an adult male member of his family residing with him or by affixing 20 a copy thereof upon some conspicuous portion of the house in which he ordinarily resides 10 (1) if a defendant is at the time of the issue of the summons outside the circle for which the nyaya panchayat is estabushed, the summons may be served by registered post address to the defendant 2s at the place where the defendant for the time being resides sen'ice when defendant is outside jurisdiction (2) an acknowledgement purporting to be signed by the defendant or an endorsement by a postal employee to the effect that the defendant refused to take delivery may be deemed to be ptima facie proof of service ~o 11 if the plaintiff fails to appear on the date fixed for hearing or if in the opinion of the nyaya panchayat, he shows negligence in pr~)secllting his suit, the nyaya panchayat may dismiss the suit, unless the defendant admits all or any part of the claim in which case the suit shall be decreed accordingly 35 disposal of suit whc'n plaint in faib til appeal' 12 an\' suit dismissed under rule 11 may, on application made by the plaintiff within fifteen days of such dismissal, and on payment of rupee one he restored if the plaintiff satisfies the nyaya panchayat that he was prevented by any sufficient cause from appearing or that he was not gui1t~· of an~' negligence in prosecuting his suit restoration of suit dismissed for default of plaintiff 13 if the defendant jails to aepear and the nyaya panchayat is disposal satisfied that he has received notice of the date fixed for the hearing of suit or that he is intentionally evading sen·ice, the nyaya panchayat may when defendant proceed e:r parte f'l t al s 0 appear ~ i-i ~l) any d:-cree passed e\' pun,' against a defendant may on re-openina application made hr the defendant to the nyaya panchayat hy which of ex parte lhe decree \\,25 p"~~t'd within fiftccn days from the date of the decree, decrees or, when the summons was not duly served, within fifteen days from the date the defendant had knowledge of the decree, and on pay-10 ment of rupee one in either case, be set aside if he satisfies the nyaya panchayat that the summons was not duly served or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, and the nyaya panchayat shah then appoint ii day for proceeding with the suit 15 (2) no decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party 15 a suit may be disposed of wholly or in part on the basis of comproan oath or by any legal agreement settlement, compromise or m~se of satisfaction between the parties and in any such case the nyaya suits 20 panchayat shall order the agreement settlement, compromise or satisfaction to be recorded and shall pass a decree in accordance therewith in so far as it relates to the suit 16 where a suit has not been disposed of under rule 15, it shall suits to be the duty of the nyaya panchayat to try the suit as expeditiously ~ d~spos­as possible, but when! in its opinion, it is unavoidable or necessary ex~ito a just and equitable decision of the suit, it shall have power to tiously adjourn the hearing from time to time i-' 17 (1) at the hearing of any suit, parties shall produce their power to own 'witnesses, but for the proper disposal thereof, a nyaya panchayat s~mmon b' h i be d d tho a t h witnesses ,su ject to sue ru es as may rna e un er is c, ave :power to issue summons, to require the attendance of any person either to give evidence or to produce a document, to enter upon land or to do such other act as it may consider necessary (2) an,'; person receiving a summons or other process shall be bound til comply with the same no woman who is not accustomed to appear in public and no exemption who is exempted from personal appearance in any court from section 133 of the code of civil procedure, 1908, shall be ~;;~~~1 n to appear before a nya~'a panchayat in person but their an{'f' statements may be obtained in ~uch manner and on payment of such fee as may be prescribed 5 19 evidence given orally bel·:e :hc nyaya panchayat shall be on oath, and a brief memorandu;'!1 l)l the substance of what each person deposes shall be written and kept as part of the record in the prescribed manner endcnce to be on li(lth and a brief memorandllm to ill' kept lk('i<:ion 20 the n~'aya panchuyat ~ha!l han' pu\h'r to ascertain the facts ,,~, <lit of every case by all lawful means in its power and when all the facts have been ascertained the parties heard and the evidence considered, the nyaya panchayat shall pass such order in writing as may seem 10 i ust and equitable, and such order shall ~tate the finding and a brief statement of the reasons therefor 21 in suits for money a nya~'a panchayat may direct payment of lllterest on the sum decreed at a rate not exceeding six per cent per annum from the date of the clccl'u: until the date of payment, and i, may also direct that decretal amount be paid by instalments -i iii ('l'l':-i lin decretal amount" and payment by instalments authentication of dec1'('c~ 22 all orders and decrees shah be dated on the day on which they are passed, and the decrees and orders and all receipts and copies issued by it shah be authenticated by the nyaya panchayat in -uch manner as may he prescribed order~ etc 20 23 if, on the application of the decree-holder or judgement-debtor, satist'm'-tion or adjustm~nt the nyaya panchayat after inquiry finds that the decree has been satisfied or adjusted, whether wholly or in part, the nyaya panchayat "1 shall record such satisfaction or adjustment in the prescribed register " <)f decree to be recorded execution of decrees for money 24 (1) if a decree for money remains unsatisfied for one month 25 after the due date or any amount payable under it remains unpaid for one month after the date when it fell due, and the decree-holder applies to the nyaya panchayat for execution within one year from such date paying the prescribed fee the nyaya p'ln~~ayj~ shall recover the same by digtrnint nnd sale of the defaulter's movable 30·; propert~· (2) the power of distraint and sale shall be subject to such rules cis ma~' be made with respect tll properties exempt from attachment t hr' manner of its exercise and othe: matters relevant thereto (3) if after such distraint and sale the amount of the decree is 3s;:' not fully recovered the nyaya panchayat shall certify accordingly;, to the collector and on receipt of the certificate the collector shajl proceed to recover the amount in the same manner as an arn~ar 01 land revenue and remit the amount so recovered to the nyaya panchayat 25 if a decree for the delivery of any specific movable property execution 5 remains unsatisfied for one month after the due date and the decl'ee- of decrees holder applies to the nyaya panchayat for execution within one year :~iftc from such date paying the prescribed fee, the nyaya panchayat may movable enforce the decree by the actual seizure of the property and its property delivery to the decree-holder or if the seizure is not practicable, have 10 it executed by enforcing payment of the sum decreed as an alternative in the manner provided in rule 24 the sixth schedule [see section 76 (2) (b)] procedure for the trial of offence1 any person wishing to institute a criminal proceeding before com-' a nyaya panchayat may make a complaint orally or in writing to pl~i~ts in - crunmal sarpanch or up-sarpanch of the nyaya panchayat of the circle proceedwhich the offence has been committed ings ~ z when a complaint is made orally, the sarpanch or up-sarpanch, action on case may be, shall draw up a statement regarding the name 0z:'l com, the complainant, the name of the person against whom the com- phnts is made, the nature of the offence and such other particulars may be prescribed, an4 the signature of the complainant shall taken thereon (1) on every complaint a fee of one rupee shall be payable fee od com- the fee may be paid in the form of court fee stamps and if plaints fee stamps are not available in the village where the nyaya sits, it may be paid in cash complaint made under this act shall be recorded without register a register to be maintained in such form and in such manner of comprescribed plaints at any time it appears to the nyaya panchayat that it has comto try the offence or that there is no sufficient ground plaints "ldjlnj! with the complaint, it shall dismiss the complaint ?e~on~ jurisdic-tion ny:lya panchayat may, after examining the compla:nt ard issue of further inquiry, if any, as it thinks fit to make, cause a summons iulnmons in the prescribed form to be served on the accused requiring him to attend and produce his evidence at such time and place as may be stated in the summons and shall at the same time direct the compl&inant to attend and produce his evidence at such time and place service of <;ummon~ 7 every summons issued under rule 6 shall be served in the 5 presl:ribed manner personally on the accused whose signature shall be taken in token of service 8 if the complianant fails to appear on the date fixed for hearing or, in the opinion of the nyaya panchayat he has shown negligence in prosecuting the complaint, the nyaya panchayat may dismiss the 10 complaint dismissal of complaint for want of prosecution restoration of complaint 9 if the complamant satisfies the nyaya panchayat that his absence was due to some unavoidable cause and that he could not notify the nyaya panchayat thereof in time or that he was not negligent, the nyaya panchayat may restore the proceeding, but no such 15 restoration shall be made without giving notice to the accused if the order for dismie'sal had been passed after the appearance of the accused before the nyaya panchayat 10 if the accused cannot be found or fails to appear on the date fixed for hearing, the nyaya panchayat shall report the fact to 20 the nearest magistrate procedure where accused cannot be found or fails to appear magistrate to secure a~endencc of accused before nyaya panche}\·at 11 (1) the magistrate shall thereupon issue a warrant for the arrest of the accused and shall direct, by endorsement on the warrant, that if such person executes a bond with sufficient sureties for his attendance before himself in the manner provided by sec- 25 tion 76 of the code of criminal procedure, 1898, he shall be released s l' from custody i ' , • , l2) when the accused appears before the magistrate he shall direct him to execute a bond with or without sureties to appear before the nyaya panchayat on such date as he may direct and 30 thereafter to continue to appear before the nyaya panchayat as directed by it (3) on his failure to execute such bond the magistrate shall order that the accused be produced in custody before the nyay· , panchayat on such date as he may direct 3 12 if the accused fails to appear before the nyaya panchayat procedul'e after executing a bond under sub-rule (2) of rule 11, the nyaya where pam:hayat shall report the fact to the magistrate before whom the ::~::: bonq was executed and such magistrate shall proceed in accordance appear 5 with the provisions of chapter xlii of the code of criminal pro- even cedure, 1898 after exe_ cuting bond 13 (1) \vhen a complaint is not compounded, the nyaya pan- power to chayat shall receive such evidence as may be produced and may receive call for such further e\tidence as in its opinion may be necessary evidence 10 for the proper determination of the proceeding or may enter upon any land for inspection or do any other act which it may consider necessary (2) any person receiving a summons or other process shall be bound to comply with the same 15 (3) the provisions of rule 18 in the fifth schedule shall apply to criminal proceedings as they apply to suits 14 (1) evidence given orally by witnesses before the nyaya procedure r-anchayat shall be on oath, and a brief memorandum of the subs- in trial t:-mce of what each person deposes shall be written and kept as 20 part of the record in the prescribed man!1er (2) the nyaya panchayat need not frame a formal charge but the plea of the accused and his statement if any, shall be recorded, but do oath shall be administered to him (3) the nyaya panchayat shall have power to ascertain the facts of every case by all lawful means in its power, and when all the facts have been ascertained, the parties heard and the evidence considered, the nyaya panchayat shall record its finding, and in the case of a conviction a brief statement of the reasons therefor and the amount of the fine imposed 15 when a nyaya panchayat imposes a ~ne it may, when pass- power to the order, direct that the whole or any part of the fine recovere1 direct be applied in paym('nt of compensati"~ f0r any loss or injury payment ot com-ii1iused by the offence pensation out of fine false, 16 (1) if a nyaya panchayat considers that a complaint is false frivolous and either frivolous or vexatious it may call upon the complainant or vexato show cause why he should not pay compensation to the accused tious eom--plaints (2) the nyaya panchayat may, after considering any cause which the complainant may show, if it is satisfied that the com-5 '91aint was false, frivolous or vexatious, for reasons to be recorded, lilect such compensation not exceeding fifty rupees as may be jo ~pecified by the nyaya panchayat shall be paid by the complainant :0 the accused, and any such compensation may be recovered as if it were a fine imposed by the nyaya panchayat rcco\'cn of fine~, 17 where a nyaya panchayat imposes a fine and such fine is not paid as required, it shall record an order specifying the amount of the fine imposed and that it has not been paid and shall forward the same to the nearest magistrate, who shall proceed to execute it as if it were an order passed by himself, and sucb magistrate 15 may sentence the accused to imprisonment in default of payment the seventh schedule (see section 113) amel'dments to the delhi pancilwat raj act, 1954i, in section 2,-20 (a) clauses (6), (7), (14) (19), (20) and (22) shall hp omitted; (b) for clause (11), the following clauses shall be substituted, namely:-'(11) "nyaya panchayat" means a nyaya pancbayat 2s established under section 44 of the delhi panchayat samitis and nyaya panchayats act 1966; (l1a) "panchayat samiti" means a panchayat samiti constituted under section 4 of the delhi panchayat samitis and nyaya panchayats act, 1966;' 30 2 after section 15, the following sections shall be inserted, namely:-"15a no person shall be entitled to be or remain a pradhan of a gaon panchayat if he-(a) ceases to be a member of the gaon sabba; or 3' (b) is unable to read and write hindi or urdu; or (e) is an undischarged insolvent; or disqualifications for pradhan of giod panehayat (d) is a servant of government or of any local authority; or t, of 1955· 5 ~ (e) is convicted of any offence under the untouchability (offences) act, 1955, or of an offence involving moral turpitude, or ordered to gh'e security for good behaviour under section 110 of the code of criminal procedure, 1898 ; , 10 ~ 189h i'", ", ,: 15b (1) a pradhan, up-pradhan or member of a gaon grounds panchayat may be removed a t any time by the prescribed ~n :lch authority in the prescribed manner if heo:a up~n pradhan (a) incurs any of the disqualifications mentioned in or memsection 15a of this act or in section 153 of the delhi land her of gaon pan-reforms act, 1954, as the case may be; or chayat (b) refuses to act or becomes incapable of acting; or maybe removed 15 (c) without reasonable cause absents himself from three or more meetings of the gaon panchayat; or (d) is, in the opinion of the prescribed authority, guilty of misconduct in the discharge of his duties; or (e) is, in the opinion of the prescribed authority, found 20 to have encroached upon the gaon sabha land; or (f) is, in the opinion of the prescribed authority, undesirable in the public interest to be continued in office; or (g) has, in the opinion of the prescribed authority, acted against the interest of the gaon sabha or gaon panchayat; or (h) disobeys any lawful order or direction issued by any court, prescribed authority or competent officer under this act or any other law for the time being in force; or (i) has caused financial loss, waste or misappropriation of any money or property belonging to the gaon sabha or gnon panchayat, by neglect or nllsconduct in the performance of his duties (2) any person who has been removed from his office by ·the authority referred to in sub-section (1) may, within thirty -days from the date of the order, prefer an appeal to the chief cojnmissioner who may, in the manner prescribed, modify, set " iifde or confirm the order of removal ('1\ the order of removal passed by the said authority ""ii ,\iii take effect before the period during which an appeal d"" hl' preferred under sub-section (2) has expired , (oil an order passed by the chief commissioner on appeal 1"1' \>,' hnal and shall not be called in question in any court 5 (~,) where an appeal has been preferred under sub-section ,'\ rht' chief commissioner may stay the operation of the 'ilk" ~,( the said authority till the appeal is disposed of l';) '\ pradhan, up-pradhan or member removed under - 1ih1~l':; (b) to (i) of sub-section (1) shall not be eligible for fo \~\ l'h',·tillll as a pradhan, up-pradhan or member for a period "~i chrt't' years from the date i,f the orde~' 0f removal" , \,\ s~'\·lilln 18, clausc (r) sh,li be llm;rtej , 'tl lit'~tion 19,-l~ll in clause (g), for the words ';panchayati adaiat", the 15 ,,\\\\l~ ,inylya panchayat" shall be substituted; ~1') in clauses (k) and (t) for the words "district board" \\ ht'\,t'\,er they occur, the words "municipal corporation at : \ -:!u" shall be substituted \' ::~ :,~,ction 20, for the words district board", the words 20 \,:,~:"~\al corporation of delhi" shall be substituted - ' ; ,'i' sections 29, 3~ the followin!! sections shall be substituted "~9, (1) every pradhan, up-pradhan or member of a gaon ~\l:h·hayat or of any committee constituted under this act 25 ,"::: be liable for the loss, waste or misapplication of any ~\' ' t' ~"" ',' 'it'''' mi~"·' :~~\l\i~' (if pro"prly brlonging to the gl0n snbha or the gaon pan- h:l~·at, if such waste, loss, or misapplication is found to be a ,hn'ct consequence of his neglect or misconduct in the per-,s:uance of his duties as pradhan, up-pradhan or 30 ":~nber of a gaon panchayat of of any committee, as the case ",;y be, and the prescribed authority may, after giving him an '~'portunity, by notice sen'ed in the manner provided for the ''i;'~\'ice of summons in the code of civil procedure, 1908, to 5, ""w cause against it, direct him to make good the loss, waste 35 :i,t,,': '" misapplication of the money or property: provided that no such person will be liable to be called upon ' :;how cause by notice under this sub-:ection after the expiry ~ : _ follr years from the occurrence of such loss, waste or mis-~j ':'p~c:o~~~;~d further that an~' such person may be called upon 40 :, :' show cause as aforesaid during the said period of four years ' md proceeded with further e,'en if he has ceased to hold the '; :'t'spective office during this period 10 i ;; 20 (2) if the amount on account of the loss, waste or misapplication, as the case may be, is not made good within fourteen days from the expiry of the period of appeal pre:-cribed under subsection (3) or the date of decision in appeal if any, whichever is later, the collector, on the request of the prescribed authority shall proceed forthwith to recover that clmou~lt a:, if it were an arrear of lanel revenue, and, after recu\"t~rii1g (he same, have it credited to the gaon sabha area fund (3) the person against whom an ordci· under sub-section (1) is made may, within thirty days of the l't'ceipt of mch order, appeal to the chief commissioner or to such officer as the chief o:>mmissioncr may, appoint in this behalf and the appellate authority may, in such appeal, confirm, mcd~fy or reverse the order appealed from (4) nothing in this section shall be deemed to debar the gaon panchayat or the pre~cribed authority or a person authorised by it in writing, from instituting criminal proceedings against the person referred to in sub-section (1), if the circumstances of the case so warrant 30 every pradhan, up-pradhan or member or servant of a pradhan, gaon panchayat or any committee constituted under this act ~;~dhan, ~'hall be deemed to be a public servant" members and servants of gaon panehayat to be public servants 7 in section 33, in clause (h) of sub-section (2) for the words district board or any other local authority", the words "any local authority" shall be substituted 8 for section 34, the following section shall be sllb::tituted, name-"34 where' a gaon sabha des;res to any land to cilrry out power to any pllrpo,;e of this act it shall first try to acquire the lane! by acquire private negotiation and if the parties concerned fail to arrive at land an agreement, such gaon sabha may make an application in the prescribed form to the requisite authority to acquire the land under the land acqui:-'ition act, 1894 and the said authority may acquire such land for such gaon sabha "land" to the to the explanation-in this ch'lpter th~ cxpn:s,ion includes benefits arising out of land and things attached earth or permanently fastened to a 11\·thing attached earth" 9 in section 38, in sub-section u) : !1' "\"llrds "or b~' the circle: :; panchayat if any" shall be omitted 10 for section 41, the following s('ctilll1 shall be whstitutf'd, namely:-"41 subject to any rules made by in this behalf,-the chief commissioner (a) the gllon panchayats s!i"ll dhlt furds for the performance by nyaya panchayats of their duties under the delhi panchayat samitis and nyaya panchayats act, 1966; and expenses and realisation made by nyaya pancharats (b) all sums realised by way of court fee or fine in any suit or criminal case disposed of by a nyaya panchayat shall 15 be appropriated in the pre~crib('d manner and to the prescribed extent by the gaon panchayats within the jurisdiction of the nyaya panchayat " 11 in section 43,-(a) in sub-sections (2) and (3), lor the word "pass" wher- 20 ever it occurs, the word "adopt" shall be substituted; (b) for sub-rections (4) and (5) the following sub-sections shall be substituted, namely:-"(4) subject to any rules made in this behalf, the budget so adopted shall, every year and not later than such date as 25 may be prescribed, be submitted by the gaon sabha to the panchayat samiti which shall, after ~crutiny, sanction the same within a period of two months of its receipt with such modification, if any, as may be found necessary (5) in sanctioning the buciget under sub-section (4), the 30 panchayat sami:i shall be g\)\'erned by such general or special direction:: as the chiei commi~si(lner may, from time to time, issue in this behalf (g) if for any reason the gavn panchayat fails to present its ljudge~ estimate at tilt' ularif meeting of the (fa:,n js sabha or its report on the expected receipts and e ;:rcnditure at the rabi meeting the prescribed authority may prepare - the budget or the report, as the case may be, and !a~; the same before the gaon sabha which may adopt it even in an adjourned meeting and the budget fo adopted shall be submitted to the panchayat samiti for sanction under sub-sect;on (4), 5 (7) if ~he gaon sabha fails to adopt the budr,et or report, \o\!ithin :=u::'l pe:'iod as may be prf:'scribed, the prescribed [luthority shall c't'!" :1\ th£' budl{et or report, as the case ma~­be, as adopted and the budget so certified as adopted l-=h(lll be submitted to the panrhayat samiti for sanction under 10 su b-section (4)", 12, chapter vi shall be omitted, 1:', in sed ion 84,-(a) in clause (a), the words "or a circle panrhayat" and "or c;rcle panchayat" shall be omitted; (b) in clause ,if,) the words "01' a circle panchayat" ~hall bl' omitted: (c) in clause (c), the words "or a circle panchayat" ,mel "i' circle panchayaf' shall be omitted, , , (d) in clause (d), the words "or a circle panchayat" and "01' circle panchayat" and the word "or" occurring at the end shall be omi'ted: (e) in clause (e) for the words "gaon panchayat circle panchayat or panchayati adalat", the words "or gaon panchaynt; or" shall be substituted; (f) aft"f c1au 'e r,'' the f,lllowing clause shall be chi<"t'ri, namely: ---"! f) i";~'-lc ;;uc:l i d('r~ and d':','ctitlll:' :" ,1!':' ua;ln s<lbh:1 r;~"'~l pc,!1chaya:, pradhan, u p-pracihclil or any member 0:· (~:l()ll panchciyat [is may appear to be npci"ssnry for' he pu rp:~se of this al'l or the delhi land reforms ai't 19~4 (lr tr,e jklili -\~1 ru'p, !l'<lmc:: ';:;l'~mdl'r and it shall bl: the' duty of ihe ;;"fl!i;)-j, tjo ~-t ,', \' \ \ g:1l111 s:ll,h, i ;:1,": panci1a~ at pradhan, up-pradhnli (ii' m - -ml, r :1:' ')~l (,ei to mcly ij(', t(1 forthwith carry oll; ';l1c'h ordt'r:-; ~l!ld ('ompl," with slil'h din'etions"' 14· i:: '\'l'li", ~",---\ j ; «(1) for su!)-:l'l'till!1 ( 1), t!w \li11uwing sub-sel'tkn shi'lll he substituted namely:--, (1) the prt>scl'ibed authority may on information re'-cein"d or on it:- own motion, by order in writing suspr;>nd , -l'"<b)ls-lo the execution or further execution of a resolution or order passed or made under this act or the rules framed therfo-under by a gaon sabha gaon panchayat or any member or officer or ~;erv;mt theret")f (lr pr0hibit the doing of any act ~ which is about to be done or is being done in pursuance oi' under cover (if ~his :\('~ or the rulps franwd thereunde!, or in pursuance of an~' sanction or permis'illn granted by a ga('n sabha or gaon panchayat in the exercise of its powers under this act, if in its cpinion such rnlolution order or act is 1n j n excess of the powers conferred by law or contrary to thf' :ntere~ts of the general public or gaon sabha or gaon panchayat or is likely to cause loss waste or damage of fund!; or property of the gaon sabha, or the execution of the resolution or order or the doing of the act, is likely to jead j 5 to a breach of the peace, to encourage lawlessness or to crm~e injury or annoyance or obstruction to the public or to an:" cla~s or body of pr-rsons or danger to human life or safety"; (b) in sub-section (2) for the words "gaen panchayat or circle panchayat", the words "or gaon panchayat" shall be sub- 20 stituted; (c) in sub-section (3), for the words "gaon panchayat or the circle panchayat" the words "or gaon panchayat" shall be substituted 15 in fection 86, in sub-section (1) the words "or a circle pan- 25 chayat" shall be omitted 16 section 87 shall be omitted 17 in section 88,-(a) in sub-section (1) the words "or a circle pflnchayat or a panchayati adalat" shall be omitted; (b) for sub-sectinn (2) thl:' following sub-section shall be ~o substituted namel~':-"(2) on the "upersessicn of a gaon sabha or a gaon panchayat under sub-section (1) the follow'ng consequpnces shall ensue:-l' (a) all m~!'t1')ers or panchf's of the gnnn snbha or ' the gaon panc-h,n-at shall from the date (if not ification vacate their seat~: and (b) the funds and other property if an:o-' \'c'ltpd in the gaon sabha shah be d:'p"ked of in "ll~'h m="tl"r as the rhief' ("o:n·"':'''io-er m','" direct" -ill 18 after section 90, the following section shall be inserted name- , jy:- ·'90a u) if a pradhan, up-pradhan or a member of a gaon penalt panchayat who has been l't!mcved from office or whose resigna- for faij~re tion from tlmce ha:; ul'en acl'(~ptl'ci :::15 on de:nand by the 010 hand 'b ~ prescl'l ed au thori ty to hand over the charge of his office, he charge ~'hall be punishable with imprisonn>'· l'~ l:lthcl' descnption 8':lucog- f - nlzance 0 \vhich may extend tu three munths or wah fine, or wih both otf~nce, 10 (2) no court shall take cugnizance (ii an offence punishable under sub-section (1) save on compla:n: made by the prescribed authority (3) no court inferior to that cf a ~lagistra~e of the first class shall try an offence punishable under sub-~ection (1) ", 19 after section 92, the following section shall be inserted, name-15 ly:- "92a (1) notwithstanding anything contained in this act power to and the rules made thereunder, or an\' v:her law fer the time require b ' 'f g p h t , th removal of l'lllg iii orce, a aon anc aya on recelvmg a report or 0 cr encroach_ iniormation and after making such inquiry, as it thinks fit, may ments etc 20 by order require within such period as may be specified in the l'rdc,· ~ (a) the owner or the uccupier o! any building or land to remove any encroachment on a public street or public place, or public drain; or (b) the owner or gccupier of any agricultw'al land to destroy pohli or any other such harmful we€d or pest from such land; or lc) the owner or uccupier as 'hurt' a:d tu appear beigl'e it at a time and place specllied in the urder and to show cause against the removal or destruction t2) it the owner or occupier as af',:i'l':;a:"i-((i) lails to remove the encr(jachm~n ~ or d~stroy the w~ed or pest and also fails to appear tu show cau:e against the remo\"al or destruction, or tb) appears to show cause agamst :5uch rt'mo\·al or destruction, but after making such further mquiry as it thinks fit, the gaon panchayat is of opinion that its order is just and proper, the gaon panchayat may cause: the encroachment to be removed, or as the case may oe, the weed or pest to be destroyed and may recover the cost of such removal or destruction from such persons", 20 in section 95, in sub-section (1), the word' "or circle pam~h:)-yat" shall be omitted " 21 in section 99, in sub-sectiun (1), ~nt: wuds "01' a circle pallchayat" and "or circle panchayat", whereyer they occur, shall be omitted 22 in section 100,-10 (a) sub-section (1) shall be llmjti~d: (b) in sub-section (2) the words "01' a circle panchay£lt" shah be omitted, 23 in section 101, for the words "district board", the wurds municipal corporation of del!li" shall be substituted 24 in section 102, in sll:j-sedion (2) ,--(a) clallses (ii) (i'i) to (rili) <il1d {'l'l'~i) 10 ~xxv) ,,:hall be omitteci; (b) in clause (iii), the words "and circlp panchayat" shall be omitted; (c) in clause (1'), for the words "(;aol1 sabha:;, gaon pan- 211 chayats, circle panchayats and pancha~'ati adalats", the word:; "gaon sabhas and gaon pancha~'ats" ~ hall be substituted; (d) in clause (:\:iv) , the words "circle panchayats and panchayati adalats" shall be omitted; (e) in clause (xvii), the words "ul' circle panchayat:," 2~ shall be omitted; co for clause (xxi), the foll,)\\'ing elalls(' :-:hall be ~'lii)~ti· tuted, namely:- (:rri) the isslie and service of notic:l's by gaol1 pand:aytlt~;" 30 (g) for clallse (1',1,,,11, the following c1au~e shall be :;uostituted, namely:-"(rt·ri) the allotment by gaon pun<:hayuts of fund:; fur the performance h' the nyaya ran~hayal, of their rllll!cs and the extent to which iees and fines paid to nyaya pan- 3s chay'1ts may be appropriated by gaon panchayats;"; (h) in clause (xxvii), the words ·'the district board or" shall be omitted; (i) in clause (xxviii), the words "or for circle panchayats" ~hall be omitted; ~ (i) in clause (x:rxiv) the words "circle panchayat'· shall be omitted; (k) in clause (xxxv), the words "or circle panchayat'· shall be omitted; (1) in clause (xxxvii), the words "c:rcle panchayats, pan-10 chayati adalats" shall be pmitted; (m) in clause (xxxviii), th(> word~ "and panche~' of circle panchayats" shall be omitted 25 in section 103, the words "or a circle panchayat" and "or circle panchayat" shall be omitted 15 26 spction 105 shall be omitteo %7, the schedule ~hall be omitted ~ tatea1ent of objects and reasonson the 18th august, 1965, in reply to a starred question in the lok sabha, the important changes proposed in the administrative setup of the union territory of delhi were indicated by the government it was then stated that the block samitis at present constituted in the rural areas of delhi by executive orders would be converted into statutory bodies; that the la\,,· relating to nyaya panchayats would be brought in line with the model law suggested by the study group on nyaya panchayatsj and that there would also be a rural area advisory commlttee with the executive councillor in(;hjrge of rural areas as the chairman this bill has been brought forward to give effect to these changes 2 the salient features of the bill are as follows:-(a) the bill provides for the constitution of a panchayat samiti for each block comprising specific contiguous gaon sabha ar~as in the rural areas of delhi the panchayat samiti will be responsible for the implementatjol1 of the community development programme in the block in close association with gaon panchayats each panchayat samiti will consist of a president, pl 1jhans of gaon panchayats within the block, members elected to the municipal corporation of delhi, the metropolitan council of delhi and the house of the people from constituencies or wards of which the block forms a part and two women and four representatives of the scheduled castes chosen by the ex-ojficjo ml'11lb\!fs of the samati the president will be elected by all electoral college consisting of the members of the gaon panchayats within the block and allcx-officij members of the panchayat samiti on the ·constitution of panchayat samitis, th~ circle panchayats functioning under the delhi panchayat raj act, l!:l54, will cease to exist (b) the bill also provides for the establishment of a committee called the rural area advisory committee to advise the administrator on all matters concerning the activities of gaon panchayats and panchayat samitis (c) the bill also seeks to make comprehensive provisions for constituting nyaya panchayat circles, comprising two or more villages in the rural areas of delhi there will be a nyaya panchayat for each circle, whose membership shall include at least two women and one person belonging to scheduled castes the scheme embodied in the bil1 envisages a system of administration of justice in which layman would participate and ensures that justice would be available to the people in the rural areas within easy reach clnd without much expense or delay on thp establishment of nyaya panchayats the panchay~~~i adalats functioning under the delhi panchayat raj act, 1954, will cease to exist 3 the more important provisions of the bill are further explained in the notes on clauses new delhi; g l nanda the 2is, august, 1966 president's recommendation under article 117 of;:: shri jai sukh lal hathi, minister of state in the minhitry of home ~~ [copy oftener no 3/7/65-sr(r), dated the 23rd auguat, 1966 from l·' the constitution of india ' affairs to the secretary, lok sabha] th cpresident having been informed of the subject matter of the bill ~~~ ~o provide for the co!1stitution of panchayat samiti~ and nyaya pan~hayats "in the uni{lq territory of delhi and to make certam amendments in the delhi land ret~)rms act, i95h the delhi panchayat raj act, j954 and for matters ipcidclltul thereto, reccommends, under clauses (i) and (3) of ~:,:-anicle 117 of the constitution, the introduction of the said bill in and it~ ~:~jderation by the lok subha ~t: ~, clause 3-it is proposed to empower the administrator to declare certain contiguous gaon sabha areas to be a block and to alter the limits of any block by including therein or excluding therefrom any gaon sabha area clause 4-this clause seeks to empower the administrator to constitute for every block a panchayat samiti which wi11 be a body corporate clause 5-this clause provides that every panchayat samiti will consist of (i) a president, and (ii) pradhans of ~~on panchayat<; within the blocks, members elected to the h(lu~ of tl~e people, the metropolitan council of delhi and the municipal corporation of delhi from constituencies or wards comprising any are? of the block, and (iii) two women and four representatives of till' scheduled castes, elected by the cx-l~{fido members clause 6-the president of each panchayat samiti will be elected from amongst members of the gaon sabhas within the block by an electoral college consisting of members of the gaon panchayats within that block and the f'x-ofji io members of the panchayat samiti there will also be a vice-president for each panchayat samiti who will be elected from among its members clauses 8 to io-clauses 8 and 9 prescribe the disqualificationr for being elected or nominated as a member of the panchayat samiti or for continuing as a member thereof clause 10 provides that questions as to disqualifications of members will be decid(>d hy the prescribed authority clause 13-this clause proddes for the constitution of six standing committees for every panchayat samitj to deal with subjects specified therein each standing committee ",:ll consist of the president of the panchayat samiti as the c\·-(~(ij'/i' member and ('harman :llld six other elected members power has been given to a panchayat samiti to constitute additional st~l1lcljn!~ (:ii,nm:rrees with the approval of the administrator clauses 17 to 20-these seek to enumerate thp powf'rs ana func:-tions of the panchayat samit: and those of its president clnd vice--president clause 22-this clause enumerates the powers and functions of the block development officer clause 24-this clause makes provision for the creation of posts of officers and other employees for the panchayat samiti clause 25-this clause provides for payment of allowances to the president, vice-president and members of a panchayat samiti and its standing committees clauses 26 and 27-clause 26 provides for the constltution of d panchayat samiti fund and, according to clause 27, the fund will consist of grants and loans made by government, loans raised by the panchayat samiti, donations and other receipts clauses 28 and 29-these clauses deal with the preparation, adoption and approval of the budget for each financial year and the maintenance and audit of accounts of a panchayat samiti g'a!,;: p -this clause prescribes the procedure for convening a meeting to discuss a motion expressing want of confidence in the president or the vice-president of a panchayat samiti clause 3 1-this clause enumerates the circumstances under which a president, vice-president or other member of a panchayat samiti may be removed by the administrator and makes provision for other illcidel ~al matters f clause 33-this clause deals with the power of the adminis~rator to cancel or suspend any resolution of a panchayat " , : -clause 34-this clause seeks to empower the administrator to :, ~persede a panchayat samiti under circumstances specified therein, ;;i:tasolve any standing committee and direct the panchayat samiti ;, -to reconstitute a standing committee immediately thereafter " t" ~use 37-t~is clause m~kes provisions for submission by a _ -ayat samlt) to the administrator a report on its admlnistra-~:'ft6n for each financial year and for consideration of that report by '- the rural area ach'isorv committee , ~ i", }?iause 44-this clause empowers the administrator to group bi' more villages into a circle and to establish a nyaya panchayat ·oh circle for the disposal of simple cases in that area ~ , ',s6 (r) ls--ii clauses 45 and 50-clause 45 provides that a nyaya panch aya\ will consist of :-(i) two members elected by every gaon panchayat in the circie, and (ii) two women, if no woman has beeo elected or une woman if only one woman has been so elected and one person belonging to the scheduled castes if no such person has been elected, to be co-opted b~· the members specified in (i) above under clause 50, one-third of these members will retire on the expiration of every second year clauses 47 and 48-these clauses prescribe the qualifications for election or co-option of a member of ny~ya panchayat and disqualifications for being chosen as and for being ~uch a me-mber clauses 52 to 54-clauses 52 and 54 make provisions for election of sarpanch and up-sarpanch and vacation of office by them and clause 53 dea'ls with the duties of a sarpanch and up-sarpanch clause 56-this clause provides for the appointment by the administrator of a secretary for one, two or more nyaya pancharats, for assisting the nyaya panchayats in the performance of their functions and also for performing such other functions as may be tjrescribed clause 58-this clause seeks to specify the suits which may be tried by a nyaya panchayat power has been conferred on the administrator to increase the pecuniary jurisdiction of a nyaya panchayat in respect of such suits clause 63-this clause prescribes the period of limitation for every suit triable by a nyaya panchayat cl(/!l~e 64-this clause empowers a civil collrt to transfer to the nyaya panchayats after they are established suits triable by them and pending or filed before it in "jew ofc1ause 84 which seeks to nrohibit the application of certain krs like the code of civil procedure and the code of criminal procedure in the trial of suits or ~riminul proceedings b)' nyaya panchayats, it has been rnl\"ijed that the nyuya panchayats will try such suits ,fresh clfl1t<:e 65-thi!:l clause :-cjj with the fourth schedule enumerates the ofi'pj1ces whieh are cognizable by a flyaya panchnyat the administrator h~ls tu'n empowered to am::o,-1 t~h! fourth schedij1e either hy adult',:": to j; 01 remo,·ing· therefrom ;my nffence triable hy ii ilyny:: pancha~'al c:,m·;c fo -·tt:is r1al~e prescribes a pe'·iod of cne yenr as limitalio!1 for crimina} t'f(c·!cdings before nyaye panchayat, clause 7 ~ -: -:--:s clause seeks to place <1 hmit~tio::l on the powe'rs of ptnishn:-::- - 1 l!yaya panchayat by p,:ov!4)h~,~ that no ny:rya panch~yat ' ___ ::;ji"/::e any sentence of fine exce~1ing us 100 or a sentence cf :'-' - - ~': ~1li1(-ljt! either substanth'c:y or in default ;)f paym<'nt of !in~ ciam:(! 71-- -:-::~::' clause seeks to empower th,! ny1y:-1 panchayats to let off ha"'-:::-:~ ~gard to thecircumstancesof a case, any offender after admoni:10~ ::lstead of imposing any sentence of fine on him clause 74-th:5 clause which is modelled on clause 64, empowers a criminal c\ ur: to transfer to the nyaya panchayats after they are established ~:-::l1inal proceedings triable by them and pending or filed before it, an~ l\)r fresh trial of such criminal proceedings clause 75-this clause provides that nyaya panchayats may, subject to such rules as may be made in this behalf, discharge its functions through benches consisting of not less than three members constituted by the sarpanch clattse 76-this clause, read with the fifth and sixth schedules, prescribes the procedure to be followed by the nyaya panchayats in the trial of suits and offences clause 80-this clause seeks to enjoin upon the nyaya panchayats the duly of making, in the first instance, every endeavour to bring about an amicable settlement between the parties in every proceeding comin5 before them clause 84-this clause seeks to prohibit the application of the provisions of the code of civil procedure, 1908, code of criminal procedure, 1898, the court fees act, 1870, and the indian evidence act, 1872, to any suit or criminal proceeding' before a nyaya panchayat clauses 85 to 89-these clauses make provisions for empowering the chief judicial magistrate and the senior subordinate judge to exercise judicial control over nyaya panchayats in respect of transfer of criminal proceedings, revision in civil and criminal cases and stay of further p!"{cr~'·djngs before nyaya panchayats clause 95- t~· · (:;juse provides that any decision of a nyaya pancha~·at if it ::0 ;',' unanimous, will be in accordance with the opinion of the maj():·:~:; clause 98-tn:;; c:"':j'if! empowers the administrator to authorise consultation '-'~ the high court, exercising , uri~diction in rekti'::, tl) delhi a judicial officer or a !>pecid officer to inspect nyaya panchayats and give guidance and training to them in the performance of their duties clauses 101 and i02-these clauses seek to empower the administrator to remove a member of a nyaya panchayat and to dissolve any nyaya panchayat clause 103-this clause makes provisions in regard to disposal of civil and criminal proceeding pending 1 efore a nyaya panchayat at the time of its dissolution clause 107-this clause provides for the establishment of a rural area advisory committee consisting of the executive councillor in charge of rural development as the chairman, the members elected from the rural areas to the house of the people, the metropolitan council of delhi and the municipal corporation of delhi, al'l presidents and vice-presidents of panchayat samitis and the chairman of the rural areas committee as and when such a committee is constituted by the municipal corporation of delhi clause 109-this clause enumerates the functions of the rural area advisory committee clause 112-clause (b) of section 153 of the delhi land re-~ forms act, 1954, which provides that leprosy will be a disqualification for becoming or remaining a member of a gaon panchayat is proposed to !be omitted clause 113-this clause, read with the seventh schedule, seeks to amend the delhi panchayat raj act, 1950, for abolishing the circle panchayats and panchayati adalats and for remedying defects and deficiencies noticed in the working of that act clause 114-this cla~e makes necessary transitional provisiodi on the abolition of panchayati adalats clause l17-this clause enumerates the disqualifications arising out of election offences and empowers the administrator to remove any disqualification or reduce the period of any fuch disqualification financial memorandumclause 6 (1) provides for the election of the president of a panchayat samiti by an electoral college consisting of the members of gaon panchayats within the block and the ex-officio members of the samiti clause 27 provides that the panchayat samiti fund will consist inter alia of:-(i) grants for meeting the liabilities transferred by the a:l!yjnistratcr to the panch",,,t samiti' " (ii) ad hoc grants from ti!~ consolidated fund of india; (iii) grants for implementing schemes transferred by the administrator and bodic5 or institutions for the development of cottage and village industries; ci) loans advanced by the governmen~, clause 56 empowers the administrator to appoint a secretary to each nyaya panchayat and also to appoint the ~ame person as secretary to two or more nyaya panchayats, clause 108 empowers the administrator to ~ppoint a secretary to the rural area advisory committee clause 110 (4) makes provisions for payment of allowances to members of the rural area advisory committee for attending its meetings the expenditure involved in holding election of presidents of panchayat samitis under clause 6 woull be very negligible, it is intended that one of the e~isting officers of the delhi administration would be appointed as secretary to the rural area advisory committee in addition to his own duties and as such no expenditure would be jl1\'uh'ed on this account there are at present 73 pancha:vat secretaries attached to 194 gaon panchayats and 23 circle pancj,ayats (punchayati adalats) the circle panch"wats (pal"'chayati adalats) would cease to exisr after panchay'lt samitis and nyaya panchayatst are established the existing- staft' would ho\\'~·er, be a\'ailable for appointment as secrettries tn n \"i\"a ranchayats and as such 1\0 extra expenditure would he im'oh·ed under clause 56 the vjrious schemes under the commnnity development programme are at prescnt being limplemented departmentaly and for meeting expenditure thereon a pronslon of rs 4' 31 lakhs has been made during the current financial year it is intended that when the functions of implementing the community development programme are transferred to the panchayat samitis, the amounts already provided therefor would also be placed at their disposal however, this would not involve any additional expenditure in the event of any additional liabilities or institutions being transferred to the panchayat samitis it may become necessary to make suitable grants to these bodies but at this stage it is not possible to estimate the magnitude of such expenditure as it would depend on the liabilities or institutions that may be actually transferred it is estimated that a recurring expenditure of 2500 rupees per year would be involved on account of payment of allowances to members of the rural area advisory committee for attending its meetings clauses 5(1), 6(1) and (2), 10(1), 13(3), 16, 17(4), 19, 20(6) 24(3), 25, 26 28(1) and (2), 29(1) and (~) 30(2) and (3) and (12), 31 (2) 32(2) 37(1) 42 48(2), 49(1) 50(1) 52(1), and (2) 56(2),67(2), 75(1),7994,97,98(2) 106 108,110 and (4) and 111 of the bill empower the administrator to make rules in respect of matters specified in those clauses and also generally to carry out the purposes of the act 2 clause 43 enables the panchayat samiti to make bye-laws for carrying out any of the purposes for which it is constituted subject to the previous approval of the administrator and the rules made und~r clause 42 (2) (xv) 3 the various matters referred to above in respect of which rules and bye-laws may be made are matters of procedure and administrative detail the delegation of legislative power is therefore of a normal character annexure extract from the delhi land reforms act, 1954(delhi ar i xo 8 of 1954) disqualification formembership of the gaonpanchayat 153 no person shall be entitled to be or remain a member of the gaon panchayat, if he- (b) is suffering from leprl)sy; or - - - extracts from the delhi panchayat raj act, 1954(delhi act no 3 of 1955) - - - - 2 in this act, unless the context otherwise requires,-definitions - - (6) "circle" means the area within which a circle panchayat exercises jurisdiction under seetinn 44; (7) "circle panchayat" means the panel of circle panchayat established under section 44; - - - (11)" panchayati adalat" means a panchayati adalat established under section 50 and includes a bench thereof; - - - (14) "proceeding" means a proceeding specified under section 54; ¢ (19) "senior sub-judge", "-\dditional district m~gistratc" and "revenue assistant" mean respectively the "senior sub-judge", "additional district magistrate" and "revenue assistant" of delhi; (20) "suit" means a civil suit triable by a panchayati adalat; - (22) words and expressions ·decree' 'decree holder', 'judgement debtor', 'legal representath"e', and 'movable property' have the same meaning as in section 2 of the c()de of civil procedure, 1898; charter iv power~, dlhies, f1l11cti()n~ llnci aclllwusrrlltwl1 of gaon panchayats18 in addition to the duti(:s alld functions imposed on a gaon duties and panchayat under the delhi land reforms act, 1954, or under any functions other enactment, it shall be the duly of every gaon panchayat, so far as its funds may allow, to make reasonable provision within its jurisdiction for:-'" (r) the administration of justice to the extent permitted in this act and the election of the panches on the panel of the circle panchayat according to the provisions of this act and rules made thereunder; :!; - - 19 a gaon panchayat may also make provisions within its discrejurisdiction fortionary functions '" - (9) organizing, subject to rules prescribed, a village volunteer force for watch and ward, for assisting gaon sabha and panchayati adalat in the discharge of their functions and for the service of summons and notices issued by them; - - - (k) making representation to the district board for performance by it of such functions in rejrtion to the area within the jurisdiction of the gaon sabha as ,llop he~'ond the powers of the gaoll sabha: >i< - (t) with the previous sane! ipn l r :he dis:nct board the doing of anything which falls within ine functions of the district board lor the benefit of the person,; ii\'in~ within the jurisdiction of the gaon sabha; and - 200 a gaun panchay'lt sludl iw\"l' l'lintnl} of all public streets, power of waterways other than canals as defined in sub-section (1) of section ghaon pano - c ayatas 3 of the northern india canal and dramage act, 1873 to public situated within its jurisdiction not being a prh'ate street or waterway streets waterways and other matters and not being under the control o! the government or the district board or any other authol:ity spec:fled by the chief commissioncf and may do all that is necessary for the maintenance and repair thereof and may-- - 29 (1) every member 01 the gaun pandl<yat 01' <:iny committee constituted under this act or pa::, h of 3 circle panchayat shall be liable for the loss, waste or misapplication of ~1l1y money or property belonging to the gaon sabha or circle pc'tnchayat if such loss, waste or misapplication is a direct ct11bt'qu_,nl'l" ,f hi:; neglcct or misconduct while a member of the gaon panchjyat lh' llf <:ny committee a panch of a circle panchayat and a suit for compensation may be instituted against him by the gaon panchjyat or circle panchayat, as the case may be, with the previous s:1i1ction of the prescribed authority penalty for causing loss, waste or mis_ appropriation of money or property of the gaon sabha (2) if the prescribed authority sanctions the institution of a suit under sub-section (1) or refuses to grant the sanction, the member, panch or panchayat concerned as the case may be, may, within thirty days of such sanction or refusal, appeal to the chief commissioner against the said sanction or refusal (3) the chief commissioner may institute a suit mentioned in sub-section (1) on his own ini!iative and in case the suit is decreed, such member or panch shall cease to be a member of the gson panchayat or of the committe'€' (1r a panch of the circle panchayat as the case may be 30 every member or servant of a circle panchayat, panchayati ada'lat, a gaon panchayat or any committee constituted under this act shall be deemed to be a public servant members and servants to :e public :i"vants 33 (1) gaon sabhj area fund (2) iii addition to the su!~~; !l1l>t1:ioned in section 158 of the delhi land tie1'lll'ms act 195-1 till' f(lll)\\'ing ;;;h:lll he credited to the gaon sabha area fund:- - - (ii) sums contributrct to thp ganl1 sabha area fund by the district board or al1~· othl'l' hc':d au:hl:'rity; - - - chapter v acquisition of land gaon sabha area fund and propertyacquire land 34 where a (;1-10n sahha or a number of gaon sabhas which have power tu combined under th<: proddons of section 44 acquire' or acquire any land tn (,clrr~' out :!:l\' purpose of this act it or they shan first try to have the land h:-' private negotiation and :f the parties concerned fail to ani\ " ~':l:~ ::: ~·eement, such gaon sabha or gaon sabhas may make an applicrltinn in 1he prescribed form to the requisite authority to acquire the bnd under the land acqu!sition act 1894, and the said authorit~· mel:: ~lcqllil'e such land for such gaon sabha or gaon sabhas e1:planatio n ,-1n this chapter the expression "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth 3s, (1) a gaon sahha may with the previous sanction of the voluntary chief commissioner and in accordance with an approved programme contribution of or with reference ~o any public work, arrange the voluntary contri- physical bution of physical labour on the part of all or a limited number of labour by adult members of the' gaon sabha area in furtherance of a general gaon or particular development scheme approved by the gaon panchayat sabha or by the circle panchaynt if any members, 41 (1) the expenses of the panchayati adalat shall be charged expenses ~ to the gaon sabha area fund of each unit in a circle in equal and reali - - l < proportion sation made (2) all sums realised b~· way of court fee or fine in any suit, by pa,n- criminal c:l~e or proce'ec1:ng djspos~d of by a panchayati adalat shall ~~~i~t be hdnded over by the chief commissioner to the gaon sabhas budget ~: situated within the jurisdiction of th~ panchayati adnlat in equaj proportion - 43 (1) - - ~," (2) the gaon sabha may pass or refer back to the gaon pan-' t:bayat the budge- subm:tt'~'d [i) it fur reconsideration with such direction as it may give in the manner prescribed and may likewise ,,~, s a recommendator~' resolution in respect of the report or of any bother mat tel' (3) if the budget is referred to the gaon panchayat for reconsideration as aforesaid, the pradhan shall call an extraordinary meeting of the gaon sabha to be held within a fortnight of the said annual meeting and the gaon panchayat shall re-submit the budget at th" said meeting with such modifications as may be necessary in the l:ght of the directions of the sabha and the gaon sabha shall then p3ss the budget in the manner prescribed (4) subject to rules made in this behalf the budget shall take effect after it has been appro\'ed by the prescribed authority and a gaon panchayat may incu'r any expenditure under any of the heads of the budget in excess of the amount approved under that head without ,'ariation or alteration of the hudget with the approval of the prescribeci authority (oj) if for any reason, a gaon panchayat fails to present its budget estimate at the kharif meeting of the gaon sabha or its report on the expected receipts and expenditure at the rabi meeting the prescribeci authority may frame the budget or the report as the case mry be such a budget or report shall again be laid beforc the gaon sabha concerned which may pass it even in an adjourned meeting but it should be certified as approved if the gaon sabhn fails to do so chapter vi circle panchayat and panc1layati adalatcircle panchayat, sarpanch and naib sarpanch 44 {l) the chief commissioner or the prescribed authority shall, by a notification in the official gazette in this behalf, group into a circle such number of contiguous gaon sabha area as the chief commissioner or the prescribed authority ma~' deem fit and establish for ('ach such circle a circle panchayat (2) the circle panchayat for each circle shall consist of persons elected in ;lc'cordance with sub-section (3) (3) e\'er~' gaun sabha in each circle shall elect from amongst its members a number of persons of prescribed qualification to act as ranches pi' the circle panchayat of that circle the number of adult, <;() f'1l'ctp(1 :-:hal1 he such that from each dilage in the gaon sabha area two such adults shall be elected where its population is 1000 m less and three where its population is more than 1000 the election shall be carried out in the manner prescribed the pane) so elected for each circle shall be called circle panchayat ( 4) no person shan be elected or remain panch of the circle panchayat if he is -(a) unable to read and write hindi or urdu; or (b) of unsound mind; or (c) suffering from leprosy; or (d) an undischarged insolvent; or (e) a servant of the government or any local authority; or (f) convicted under the untouchability (offences) act 1955 9r of an offence involving moral turpi~ucle or ordered to give security ior good behaviour under section 110 of the code of criminal procedure 1898 (5) all the panches shall elect from amongst themselves a person to act as sarpanch and another person tn act a~ naib sarpanch of the circle panchayat (6) any dispute arising out of any election under sub-section (3) or (5) shan be referred to the prescribed authority, whose decision ~han subject to revi~ion by the chief commissioner be final and ;;hall not be questioned in a court of law 45 in addition tu providing panels of panchayati adalat for the funct~ons 1 f 't i d d' d t' 50 th or a cll'cl~ tria 0 sui s, crimm a cases an procee mgs un er sec ion , e pancha-chief commissioner may utilise the services of the circle panchayat yat ;ls a representative elected body of the constituent gaon sabhas for the purposes of co-ordinating their common schemes of development projects and their general superintendence where the chief commissioner decides to do so in one or more circles the following shall be the general functions of the circle pancbayat:-a obugatory-1 to take up the development projects of benefits to all or more than one village in the circle such as roads seed stores or irrigation projects 2 to undertake and perform the work of an~' superseded gaon sabhrl during the period of supersession 3 to transact any business in which all or more than one of the conswuenf gaon sabhas are jointly interested 4 to t:lke action under section 34 b discretionary-1 the chief commissioner may confer powers of general !;uperintendence and control on the circle panchayat over the constituent gaon sabhas and gaon panchayats 2 the chief commissioner may make rules regarding the diversion of a part or percentage of gaon sabha area funds of the constituent gaon sabhas towards the expenses involved in the performance of the aforesaid functions of the circle pancha~·at term of 4fi the tpl"1n of office 01 every panch shall be such as may be punches (if a circle presc-ribed pancha_ ::31 oath of office 47 every panch elected under section 44, shall, as soon as possible after his election take oath of office in the manner prescribed resigna tion 48 (1) a panch may submit the resignation of his office to the prescribed authority (~) nn resignation tendered by a panch shall be valid unless it has been accepted by the prescribed authority removal 49 (1) a member or panch of a gaon panchayat, circle pancha yat or panchayati adalat may be removed at~· time by the prescribed authnrit~· in the manner prescrioed if he-(a) incurs any disqualification under sub-section (4) of section 44 (b) refuses to act or becomes incapable of acting, or (e) without reasonaole cause absents himself for more than two consecutive months from the sittings of the gaon panchayat or the circle panchayat or the panchayati adalat, as the case may be or (,h is in fhl" opmlon of thp nrp~crihf'ci authority guiltv of mis conduct in the dischar~e of his duties or (e) in the opinion of the prcsrrib('n authority undesirable in +h(' nuhlic- interest to continue in officp r 2' a rnember or panch remcwed under sub-section (t) ~h:'ll1 not hi:' (>ntitif'd to re-election as a member or panch for peri on nf thrpe vp~r~ lmd shall cea"p to he a member of the gaon p:mrh;l\"rlt or cird(> panchayat a~ the rase may be (3) a member or panch removed under sub-section (1) f;haj1 r~l\'r a right to appeal to the ch!ef commissioner, 50 (1) the sarpanch shall for the trial of every suit, crimina~ c~5c or proceeding, form a bench of five panches from the panel of clfcle panchayat to constitute a panchayati adalat for the purposes of the trial of that suit or proceeding, in the manner prescribed panchu-:,ati adalat and trial in a suit c'riminai :as~ or (2) notwithstand~ng clnything {'on~clined in this section, the proceed chief commissioner may prescribe the constitution of special ben-!1g ches for determining any dispute arising between any parties or gaon sabhas of different circles or for any other purpose 51 (1) if any panch appointed to a bench cunstituted under !bscnce section 50 for the trial of a suit, criminal case or proceeding is ~f a panch ab t t h' th 'h ·th t d :: om the sen a any earmg, e remammg panc es may, notwl s an - ::-?nch mg anything contained in this act, try the suit or proceeding, provided, however, that at least three panches including the chairman, are present (2) no trial as aforesa~d shall be invalid by reason merely that all the five panches forming the bench were not present at any hearing or that the same panches were not present at all the hearings 52 if a vacancy in the office of a panch, sarpanch or naib sar- fi"ing panch of the circle panchayat arises by reason of his death, resig- of ,:as~~1 nation or removal, it shall be filled for the unexpired portion of vac:anles his terms in the manner provided under sub-section (:;) or (5) of section 44, as the case may be 53 (1) notwithstanding anything contained in the code of forum civil procedure, 1908, every suit instituted under this act shall be ,instituted before the sarpanch of the c: rcle panc'1ayat of the circle ~~ which the defendant or any of the defendants, where they are ~:rhtore than one, ordinarily resides or carries on business at the time i: of the institution of the suit irrespective of the place where the cause of action arose ' ~ (2) notwithstanding anything contained in the code of crimi-: hal procedure, 1898, every criminal case instituted under this act , shall be instituted before the sarpanch uf the circle panchayat of the circle in which the offence is committed '~,_ 53-a (1) the following offences shall be triable by a panchayati offence's ~ma1at triable ~ , - - by par:_ "'1-(4) offences under sections 140, 160 172 174, 179, 269, 277, chayati ~~ 279, 283, 285, 286, 289, 290, 294, 323, 334, 336, 341, 352, adalat i" 357, 358, 374, 379, 403, ~1l (where the value of the stolen or misappropriated property in cases under sections 379, 403, and 411 does not exceed fifty rupees), 426, 428, 430, 431, 447, 448, 504, 506, 509 and 510 of the indian penal code; (b) offences under sections 24 and 26 of the cattle trespass act 1871; (c) offences under sections 3, 4, 7 and 12 of the delhi public gambling act, 1955; (d) such other ()fi~l1ct:! under any 01 the aforesaid enactments or any other enactment punishable with fine only, up to a limit of one hundred rupees as may, by notification in the official gazette, be declared by the chief commissioner to be triable by a panchayati adalat; (e) any offence under this act or any rule made thereunder; (f) abetment of any of the foregoing offences; (g) an attempt to commit any of the foregoing offences, when such attempt is an offence (2) any criminal case relating to an offence under sections 143, 145, 151 or 153 of the indian penal code, pending before any court may be transferred for trial to the panchayati adalat, if in the opinion of such court the offence is not serious , (3) the chief commissioner may by order published in the official gazette withdraw from a panchayati adalat the power to try all or any of the offencels referred to in clauses (q) to (g) of sub-section li) penalties 53-b• (1) no panchayati adalat shall inflict a substant ive sen-tence of imprisonment (2) a panchayati adalat may impose a fine not exceeding one hundred rupees but no imprisonment may be awarded in default of payment: provided that no accused shall l){' tried for more than three offences in the same criminal case and the fine that may be imposed un one accused in a criminal case shall not in the aggregate exceed one hundred rupees 53-c• nu panchayati adalat shall try any criminal case against a person where such person-(a) has been previously convicted of an offence punishable with imprisonment for a term of three years or more; certain persons not to be tried by pancha_ yati adalat (b) has been previously fined for theft by any panchayatl adalat; (c) has been bound over to be of good behaviour under section 109 or 110 of the code of criminal procedure, 1898; (d) has been previously convicted under the public gamb_ ling act, 1867 or the delhi public gambling act, 1955; or ,c) is a public servant summary disposal of complaillt 53-d \ panchlyti adalat may dismiss any complaint if after examining the complainant and taking such evidence as he may produce, it is satisfied that the complaint is frivolous, vexatious or untrue 53-e in imposing any fine, the panchayati adalat may order any portion or the whole of the fine recovered to be applied-compen sation to complain ants (a) in defraying the expenses properly incurred in the criminal case by the complainant; (b) in the payment to any person of compensation for any material loss or injury caused by the offence; or stolen to the (c) in compensating any bona fide purchaser of property for loss of the same where property is restored possession of the person entitlec1 thereto 53-f (1) if in any criminal case before a panchayati adalat compenthe accused is acquitted or discharged and the panchayati adalat sation is of the opinion that the accusation against him was false and either_ to the t·· i p ad i 11 hi' accused rt\\) llus or vexatious, the anchayau a armay ca upon t e comp ui-nant forthwith to show cause why he should not pl)' compensatinn to the accused (2) if after hearing the complainant the panchayati adalat is satisfied that the accusation was false and either frivolous or vexatious, it may direct that compensation not exceeding twenty-five rupees be paid by the complainant to the accused enquiry in cases forwarded by magistrate - 53-g notwithstanding anything contained in the code of criminal procedure, 1898, a magistrate may direct an enquiry referred to in section 202 of that code to be made by a panchayati adalat in a criminal case in which the offence has been committed within the territorial limits of a circle panchayat 53-h an~' fine imposed in a case' or compensation ordered to he paid ui lier 'ection q-f by a panchayati adalat shall be re-coverable in the manne~ provided in section 386 of the code of cri-rcco\'ery of flnps " eompensalion 14s6 (b) ls-- j 3 - !dinal pr~cedure, 1898, but if the p:lnchayati adalat finds any difficulty 10 lts recovery, it may request the magistrate within whose jurisdiction the panchayati adalat lies to recover it as if the sentence of fine or the order directing pa:vll',:nt of compensation had been passed by him contempt of panchayati adalat 53 l (1) if any person intentionally offers any insult to a panchayati adalat or any member thereuf, while the panchayati adalat is sitting in any stage of judicial proceedings, in its or his view or presence or refuses to take oath duly administered or sign a statement made by the said pej:~on when legally required to de so, the panchayati adalat may at any tme before rising on the same day take cognizance of the offence and sentence the offender to a fine not exceeding five rupel:s (2) the fine imposed under sub-section (1) shall, for the purposes of section 53-h, be deemed to be a fine imposed in a criminal case 53· i no cotlviction by the panchayati adalat shall be deemed to be a previous convicton for the purposes of section 75 of the indian penal code, or section 562 or 565 of the code of criminal procedure, 1898, or section 3 of the probatio!1 of offenders act, 1958 convil'_ t:on by the paneha: au ada!lt not a previous conviction revenue m notwithstanding anything contained in the delhi land cases revenue act, 1954, all proceedings under ~ec=l')n; ~, and 2h of that act shall be transferred by the t d sjdr to the circle panchayat within the local area of which the land concerned is situated and the circle panchayat shall decide such pro ceedings in the manner prescri bed: provided that where land included in the local area of more than one circle panchayat is c(,)l1cerned that circle panchayat shall have jurisd;ction in which ~he l'e::orded asnmi or the tenure holder ordinarily resides or ii he resid~s in none, the tahsildar shall re~er the proceedings to the circle p3uehayat within the area of which the greater part of the land is situated: provided further th3t 110 su::h proceedings in which land paying more than rupees 100 as land n~venue is involved shall be transferred to a circle panchnyat provided also that no applicc:tion for correction of records mutation of name sball be entertained by a circle pancbayat extent o~ jurisdiction 55 (1) the jurisdiction of a circle panchayat shall extend to any suit of the following description if its value does not exceed two hundred rupees:-(a) a suit for money due· on contract, other than a contract in respect of immovable prope"rty; (b) a suit for the recowty of movahle property or for the value th~reof; (c) a suit for comp~nc:;atjon for wrongfully taking or injuring a movable property; or (d) a suit for damages ('atj~ed by cattle trespass (2) the chief commissioner or the prescribed authority may, by noffication in the official g~zette, direct that the jurisdiction or any circle panchayat shall extend to all such suits of such value not exceeding five hundred rt1pef!~ ns may be specified in the notification extension o~ juris diction by agreement of parties 56 notwithstanding anything ~ontain'ed in section 55, parties may by wr!tten agreement refer any suit to a circle panchayat for decision by it if the value of such suit does not exceed the pecuniary limits of the 8'opel1ate jul'i~diction of the senior sub-judge and th~reupon the circle panchayat shall dispose of such suit in accordance with rules made under this act 57 a circle panchayclt shall have no jurisdiction to nizance of the following suits:-take cog- bxclusion of c!rcle panchaya' jurisdiction (1) a suit for ? nrbnce of p:utnership account, unless a balance has been struck by 1he parties or their agents; (2) a suit for a share 01' part of share under an intestacy or for a legacy cr part of a legacy under a will; (3) a suit by or against the government or a public servant for acts done in his oflleinl capncity; (4) a suit by or against a minor or a person of unsound mind; (5) a suit cl)gnizrlhle' ~v n revenue court under the delhi land reform::; a-::· h''i' l'xeept as provided in this act (1) every suit ins:itntcd hefore a circle panchayat shall the whoie of the claim which the plaintiff is entitled to make suits ~~ inrlude the wb,l'"' eje~", rp"·n "t of the matte'r in displ1tf' but h€: may reiiiiqu:::h any of his claim in order to bring the :;l~it wi~hln ~r~ jlh;<'dictioy' the circle panchayat (z) if a plaintiff omits to sue in respect of or relinquishes any portion of it he shall not afterwards sue in respect of the portions so omitted or relinquished limitatit 10 59· e\'(~ry suit instituted before a circle panchayat after the period of limitation prescribed therefor in the schedule shall be dismissed even though limitation has not been set upac; a defence 60 the decision of a pancha~'ati adalat on the question of utle legal character contract or ()bli~3tion shall not bind the parties except in respect of the suit in which such matter is decided | effect | of ||-----------|-------|| decision | || by | a || pan- | || ('hayati | || adajat | |hevision 61 i n all proceedings referred to in section 54, the collcclor shall h,h'e powers of revision either upon reference made to him or on his own motion; but there shall be no appeal against any order of a panchayati adalat notwithstanding any provision in the delhi land ren-nue act 1954, to the contrary res-judicata 62 (1) no panchayati adalat shall try any suit, proceeding or issue in respect of any matter which is pending for decision in or had been heard or decided by a court of competent jurisdiction in a former suit or proceeding between the same parties or between the parties under whom they or any of them claim (2) '\there a criminal case is pending in any court against an accused in respect of any offence or where an accused has been tried for any offence no panchayati adalat shall take cognizance of an~· such offence or on the same facts of any other offence of which the accused might have been charged or convicted concurrent jurisdiction 63 where a suit, criminal case or proceeding is maintainable in mere than one circle panchayat the plaintiff or the complainant or the applicant, as the case may be, may bring the suit, criminal case or proceeding in one of such circle panchayats any dispute regarding jurisdiction shall be decided by the senior sub-judge, additional district magistrate or the revenue assistant, having jurisdiction as the case may be institution of ~uits criminal ('ase and pl'oceedinlols 64 any person who wishes to institute a suit, criminal case or proceeding under this act before a circle panchayat may make: n application orally or in writing to the sarpanch of the circle panchayilt or in celse of his absence from the circle to the naib sarpanch or \ hen both are absent to such other panch as the sarpanch may have appointpd in this be-half and shall at the same time pay the prescribed fee the court fees act 1870 sha11 not apply to pan-chll yati adalats exccpt as may be prescribed tn every suit the plaintiff shall state its value 65 (1) where a suit, criminal case or proceeding is instituted orally, the sarpanch naib sarpanch or panch receiving the application shall record without delay the prescribed particulars and the signature or thumb-impression of the applicant shall be taken thereon substance of the application to be recorded in register (2) the sarpanch or in his absence the naib sarpanch or panch mentioned in section 64, shall appoint a bench of the panchayati adalat under section 50 and refer the said application to that bench for disposal and shall also fix a date for the first hearing of the application before the said bench and give notice of the said date to the applicant and to the members thereof manner of procedure 66 every suit, criminal case or proceeding instituted in accordance with the provisions of section 65 shall be brought before the bench of the panchayati adalat on the date fixed and the bench shall, unless the sarpanch or naib sarpanch is a member of it choose one of their members to be the chairman of that bench who shall conduct the proceedings 67 (1) if the plaintiff, the complainant or the applicant fails to appear after having been informed of the time and place fixed for hearing the panchayati adalat may dismiss the suit criminal case or proceeding or pass such order as it may deem fit disposals of suits, etc in the absence of the party concerned (2) the panchayati adalat may hear and decide the suit or proceeding in the absence of the defendant or opposite party if the summons have been served upon him or if he has been informed of the time and place fixed for hearing --" 68 (1) except as provided in sub-section (2) or to correct a pancha_ clerical error a panchayati adalat shall have no power to cancel, yati adajat not se or alter any decree or order passed by it to re:'vise a panchayati adalat may, for sufficient reasons to be re- ur alter h f h d t on application made within one mont ate a e of the its ckci-!':on or order or knowledge thereof in case per,onal service ot ons has not been affected, restore any suit criminal case or which has been dismissed in default or in which a or order ha~ been passed er parte no jrga\ practltioner shall appear plead or act on behalf of part~· before a pancha~'ati adalat: ided that (l person who is arrester! shall have the right to and be defended b~· a kgcll practitioller of his choice legal practitioner not to appear before panchayati adalal 70 (1) subject to the provisions of section 69, any party to a suit or proceeding may appear before a panchayati adalat either in person or by such agent duly authorised in writing by him as the panchayati adalat may admit as a fit person to represent him appearance in person or by re_ presentative (2) the partk:s to criminal cases shall appear personally before the panchayati adalat: provided that-(a) the p~l1l('hayati adalat ma~' in an~' case dispense with the personal attendance of the accused and permit him to appeal' by his agent duly authorised in writing; (b) the panchayati adalat may in its disctf\ion at any stage of the proceeding direct the personal attendance of the accused (3) no stamp-duty shall be required to be paid for any power of attorney filed under this section spe:ial jurisdic_ tion in matters compromised 71 notwithstanding anything contained in this act or in any other law for the time being in force, it shall be lawful for a panchayati adalat to dec'ide any suit or proceeding arising in the local area of the circle panchayat and not pending in any court in accordance with any settlement, compromise or oath agreed upon by the parties: provided that·-(a) in the case of a suit, the value thereof doe~ not exceed the pecuniary limits of the appellate jurisdiction of the senior sub-judge; (b) in the case of a proceeding, the annual land revenue payable on the land involved in such prcceeding does not exceed two hundred rupees procedure nnd power tv ascer_ tain truth 72 (1) the panchayati adalat shall receive fuch evidence in suit, criminal case or proceeding as the part;cs may adduce and may call for such further evidence as in its opinion may be necessary for the determination of the points in issue it ;hall be the duty of the panchayati adalat to ascertain the facts cf every suit criminal case or proceeding before it by every lawful means in its power and thereafter to make such decree or order w;th or without costs, as to it may seem just and legal it may take local investiga~ion in th'! village to which the disputes relates it shall follow the procedure prescribed by cr under this act the code of civil pro:edure 1908, code of criminal procedure 1898 the indian e,·idencc act hji2 ~ c'f and the indian limitation act 1908 :-hall not apply to any suit 01' proceeding in a panchayati adalat except as provided in this act or as may be prescribed (2) nothing in sub-section (i) shall entitle any party to compound any offence wh:ch is not compoundable under the provisions of the code of criminal procedure, 1898, or to ccmpound an offence withqut the permission of the bench concerned, if it is compoundable with permission under the provision: of the said cede 73 in the event of any disagrc'ement bet ween the members of the panchayati adalat the opin:cn of the majority shall prevail majority to prevail transfer application 74 (1) if in any suit, criminal case or proeeeding before a panchayati adalat any party intimates at any stage before the announcement of the final decree or order that it intends to make an application under this section to the sen 'or sub-judge, additional district magis~rate or the collector, as the case may be for the transfer of f)'the suit, criminal case or proceeding the panchayati adalat shall ~; upon its executing, if so required, a bond without surety of an amount ~,dot exceeding rupees ten that it w!ll make mch application within a tnable time to be fixed by panchayati adalat which shall not " less than 15 days, adjourn the suit, criminal case or proceeding, ,::' such a period as will afford !:ufficient time for the application to ~~ made and an order to be obtained thereon: ~l' provided that nothing herein contained s~all require the pan-~ckayati adalat to adjourn the suit or proceedmg upon a second or ~quent intimation from the same party " ' ~: ," (2) if the applicaticn be not maje within the time allowed, the ;~ ~ount of such bond shall be forefeited and may be recoverable by ~the panchayati adalat as if it were a fine imposed by itself (1) any court before whom a suit, criminal case or proceeding by a panchayati adalat is filed shall transfer the suit, ~",ual case or proceeding to the circle panchayat having juris-transfer of suit, criminal case or proceed_ ing the senior sub-judge, additional district magistrate or l' may, for reasons to be recorded in writing, transfer any ,> ~t or proceeding respectively from one panchayati adalat to ~her panchayati adalat of competent juri:diction in the same ~ or any other circle panchayat or to another court subordinate ilwn ~"f5-a if at any time it appears to a panchayati adalat -transfer ~ (a > that it has no jurisdiction to try any case pending ~~ ct~:s filii' before it, " pancha- (b) that the offence involved is one for which it cannot yati - award adequate punishment or adalat (c) that the case should otherwise be tried by a court; it shall submit the case to the senior sub-judge the additional distnct magit'trate or the collector, as the case may be, for transfer to a court of competent jurisdiction and shall give information thereof to the parties concerned revision 76 the senior sub-judge additional district magistrate or collector according as it is a suit criminal case or proceeding may, either on his cwn motion or on the appiication of any party, call for the record of any case which has bef'n decided by the panchayati adalat and if it appears to him that injustice or mat~rial irregularity has occurred, he may make such order in the case as he thinks fit issue of summons to witnesses 77 a panchayati adalat may if it considers the evidence of, or the production of a document by, any person necessary in a suit, criminal case or proceeding, issue and cause to be served in the prescribed manner a summons on such person to compel his attendance or to produce or cause the production of such document, and such person shall be bound to comply with the direction contained in the summons penalties for failing to appear before a panchayati adalat 78 if any person who is summoned by a panchayati adalat by a written order to appear to gi\'e evidence 0f to produce any document before it wilfully disobeys such summons or notice or order, the panchayati adalat may make a complaint to the magistrate having jurisdiction and the said person shall be punishable with fine which may extend to twenty-five rupees; but the fine will not absolve him from the obligation to attend: provided that no woman shall be comp~lled to appear in person before the panchayati adalat she may be examined on commission consisting of at least 2 persons in the manner prescribed: provided further that no guvernment servant shall be compelled to produce an official document privileged under section 123, 124 or 162 of the indian evidence act, 1872: provided also that if a document is produced in obedience to a summons issued under this section the panchayati adalat shall cause the document to be copied mark the cupy after comparing with the original to be true copy and return the original document to the perwn producing the same dismissal of suits etc 79 a panchayat i adalat may dismiss any suit or proceeding if after examining the plaintiff of the applicant it is satisfied that the suit or proceeding is frivolous, vaxatious or untrue person 80 a panchayati adalat after an application is made under summons section 64 shall unless it has been dismissed or otherwise disposed to defenof under the provisions of this act caui"e summons in the prescribed dant or f t b ' accused orm 0 e served in the prescribed manner on the defendant or the accused person or the opposite party, as the case may be, requiring him to attend and produce his evidence at such tune and place as may be stated in the summons and shall at the same time direct the plaintiff or complainant or the applicant to attend and produce his evidence at such time and place i~~ue of warl'ant 81 if a panchayati adalat is satisfied that a witness is evading the service of summons it may issue a bailable warrant against him for a sum not exceeding twenty-five rupees ;1\% if on the application of the decree holder or the judgment pay~ent debtor, the panchayati adalat which passed the decree ftdcii after or adjust- ment o( enquiry that the decree has been satisfied wholly or in part, it shall decree record the fact in the prescri'bed register to be recorded 83 (1) a decree or order passed by a panchayati adalat shall be execution executed by it in such manner as may be prescribed if the of dpcr'!es defendant's property is situated outside the jurisdiction of the panchayati adalat passing such decree or order, it may trander the decree or order for execution in the prescribed manner to the circ't panchayat within whose jurisdiction the property may be situated, and if there be no such circle panchayat then to the civil court within whose jurisdiction it may be situated (2) if a panchayati adalat finds any difticulty in executing a decree, it may forward the decree to the senior sub-judge, who sball then execute the decree as if it were a decree passed by kim (3) an order for costs in a proceeding under the delhi land revenue act, 1954, shall as far as possible be executed as provided in sub-sections (1) and (2) above; sub-section (2) shall be read and construed as if for words 'senior sub-judge' the words 'revenue assistant' were substituted 83-a the chief commi~ioner may, by order published in the suspen-official gazette, direct that any panchayati adalat shall not exercise sion of ,;au or any of the powers under this act for such period as may be powers ,ppecified in the order and such panchayati adalat shall cease to exercise such powers for the period ~o specified f t i r' 1456 (ail) 1 s 14- external control84 the chief commissioner may-supervi sion (a) cause to be inspected any immovable property owned by a gaon sabha, used cr occupied by a gaon panchayat or a circle panchayat, or any work in progress under the direction of such gaon sabha or crcle pancha\"at· , (b) by an order in writing call for and inspect a book or document in the posse"'sion or unjer the control of a gaon panchayat or a circle panchayat; (c) by an order in writing require a gaon panchayat or a circle panchayat to furnish such statements, reports or copies of documents, relating to the proceedings or duties of the gaon panchayat or circle panchayat as he thinks fit; (d) record in writing for the consideration of a gaon panchayat or a circle panchayat any cb~ervation which he thinks proper in regard to the proceedings or duties of such gaon panchayat or circle panchayat; or (e) institute any enquiry in respect of any matter relating to a gaon sabha, galin pancha~·at circle panchayat or panchayati adalat prohibition of certain proceed inp 85 (1) the prescribed authority or any other· officer specially empowered in this behalf by the chief commissioner on information received or on its or his own initiative may by order in writing prohibit the execution or further execution of a resolution or order passed or made under this act or any other law for the time being in force by a gaon sabha, gaon panchayat circle panchayat or any officer or sernnt thereof, if in it~ or his opinion such resolution or order is of a nature as to cause or likely to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed, or danger to human life health or safety or riot or affray it or he may prohibit the doing or continuance by any persoll of any act in pursuance of or under cover of such resoluticn or order (2) where an order is made under sub-section (i), a copy thereof, with a statement of the reasons for making it shall forthwith be forwarded by the prescribed authority or the aforesaid officer to the chief commissioner who may after calling for an explanation with or without record from the gaon sabha gaon panchayat or circle panchayat or the officer or servant thereof and considering the explanation, if any, rescind, modify or confirm the order (3) where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (1) and continuing in force, it shall be the duty of the gaon sabha, gaon panchaylt or the circle panchay:l: or any officer or servant thereof if so required by the authority making such order to take any action which it fir he would han' ;)cc~ e!1titled to take, if the resolution or order hd never been passed or made and which ij necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the execution or further execution is prohibited 86 (1) if, at any time, it appears to the chief commissioner that default a gaon sabha or a gaon panchayat or a circle panchayat has made in fithe , , per ormdefault in the performance of any duty imposed on it by or under anee of this act or any other law for the time being in force, the chief com- duty, missioner may, by or~er in writing, fix a period for the performance of that duty - - - - - 87 if for any reason-appoint_ mentin (1) a gaon sabha fails to elect a panch under sub-section cases of (3) of section 44 or section 52, or default in ftlung up (2) a circle panchayat fails to elect a sarpanch or a naib vacancies sarpanch, under sub-section (5) of section 44 or section 52, ~~~e 'hi th' 'b d h ch' f c ' ffi pancha-wit n e time prescrl e , t e ie omnussloner or any 0 cer yat or of appointed by him in this behalf may appoint a duly qualified person a sarto hold office as a panch, sarpanch or a n aib sarpanch of the circle panch or panchayat, as the case may be, and any persqj1 50 appointed shall nai\sarhold office as if he had been duly elected under this act panc 88 (i) if in the opinion of the chief commissioner a gaon sabha superses_ or a gdon panchayat or a circle panchayat or a panchayati adalat is sion of a illcomjjetent !(l perform or persistently makes default in the r~(lr- ~a:: , d" d 't b d h' a a or mull'c uf a lity impose on i y or un er t is act or any other a gaon l'y l;l' the' t::~)~ being in force or exceeds or abuses its powers or panchayat s;:duld ihef(~ h~' any othe~' reason which in the opinion of the chief or a circle c)mmissioner necessitales the supersession of the body the chief pancphayat c " b t ' t! ' , h 0": ' or a an-)mm15slon ~!' may ~'no illca lion in t e ulcial gazette, supersede chayati it adalat (2) on the supersession of a gaon sabha or a gaon panchayat or a circle panchayat or a panchayati adalat under sub-section (1) the following consequences shall ensue:-(a) all members or panches of the gaon sabha or gaon pallchayat or circle pancnayat or panchayati adalat shall from the date of notification vacate their seats; (b) the funds and other property, if any vested in the gaon sabha or circle panchayat shall be disposed of in sucb manner as the chief commissioner may direct; and (c) the senior sub-judge the additional district magistrate or the collector, as the case may be shall withdraw all civil, criminal and revenue cases pending before such circle panehayat or panchayati adalat and dispose of them in accordance with law - - - - - appeals 9s (1) any person aggrieved by an order or direction made by a gaon panchayat or circle panchayat under the act or under any rule or bye-law may, unless otherwise prescribed, within 30 days from the date of such direction or order, exclusive at the time requi-!;ite for obtaining a copy thereof, appeal to the prescribed authority which may vary, set aside or confirm the said order or direction and may also award costs to or against the person filing the appeal - - - - - suits 99 (i) no suit or other legal proceeding shall be instituted against against a gaon sabha or a gaon panchayat or a circle pancbayat or ~a~n ag"ainst a member, panch, officer or servant of the gaon panchayat or g~o~apan_ circle panchayat or against any person acting under its or his dlrecchayat tion for anything done or purporting to haye been done in any offtcial circle' capacity under this act, until the expiration of two months next pa~l'hayat after notice in writing has been in the case of a gaon sabba or or its gaoll panchayat or circle panchayat, delivered in or left at the office officers of the gaon panchayat or circle panchayat and in the case of a member, panch, officer or servant or any person acting under his direction or the direction of the gaon panchayat or circle panchayat, delivered to him or left at his office or place of abode, explicitly ~tgt­in~ the cause of action, the nature of the relief sought, the amount of' compensation, if any, claimed and the name and place o( !!tbode of the intending plaintiff and the plaint shall contain a stat~ment that such notice has been so delivered or left - - 100 (1) the provisions of the judicial officer's protection act, protection 1850, shall apply to the members of panchayati adalat to gaon sabha (2) no suit or prosecution shall be entertained in any court gaon panagainst a gaon sabha or a gaon panchayat or a circle panchayat or c~ayat any member or panch thereof or any person acting under its or his circle d· pancha;i'at lrt:ctlon in respect of anything in good faith done or intended to and panbe done under this act or any rule bye-law made thereund~r chayati adalat un if any dispute arises between two or more gaon panchayats dispute or between a gaon panchayat and the district board it ahall be between referred to the prescribed authority whose decision shall be final and ~;:;a;anshall not be questioned in any court of law inter ae or with other bodies - chapter ix rules, bye-laws and repeals 102 (i) the chief commissioner may, subject to the condition power to of previous publication by notification in the official gazette, make make rules rules consistent with this act 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-- - - - - cu) the establishment of circle panchayats and panchayati adalats; (iii) the time and place of the meetings of gaon sabha and circle panchayat, the manner of convening meetings, giving notice thereof, and the conduct of proceedings at the meetings; - - - - - ('t') the re~ords and registers that shall be maintained by gaon sabha;, gaon panchayatc;, circle panchayats and panchayati adalats and the form in which they are to be; (ri) the action to be taken on the occurrence of a vacancy in the circle panchayat and panchayati ad,liat; (vii) the authority by which disputes in relation to appo~nt­ments to circle panchayat other committees or parchayati adalats ma~' be decided and the procedure to be followed therein; (viii) management and regulation of provident fund for servants of circle panchayat if the system of provident fund is adopted by any circle panchayat; - - (t-iv) the returns to be submitted by gaon panchayats, circle panchayats and panchayati adalats, the form in which they are to be, the authorities to which and the time when they shall be submitted; - - - - - (xvii) the method of account keeping by gaon panchayats or circle panchayats; - - - - - (xxi) the issue, service or execution of summons, notices d nd other processes of panchayati adalat and issue and service cf notices by gaon panchayats; (xxii) the transfer by a panchayati adalat of summons and other processes to another panchayati adalat or any court for service or execution; (;t'xiii) the fees to be levied by panchayati adalats for instituuon of suits, for issue of processes, for obtaining copies of dl;cuments and other matters; (x;:dv) the court fees and other fees payable where a panchayati adaiat, with the consent of parties, entertains a suit which is otherwise beyond the jurisdiction; (xxv) the procedure for execution of decrees and orders passed by panchayati adalatsj (xxvi) the allotment by gaon panchayats of funds for the prrff1rmance by circle panchayat or panchayati adalats for th:';r duties under this act or any rule or bye-law and the extent to which fees paid to panchayati adalats may be appropriated h~' gaon panchayats: ~ :r:n' h) the powers that may be exercised by the district f"k;ud or any prescribed authority in the discharge of their cbli-,(!at !(ms under this act and the manner in which such powers m <1,'' be exercised; (,rr1·;ii) the procedure to be observed in the making of bye-!hvs by th~ prescribed authorit:,-' for gaon panchayats or by gaon pa'~chavats or for circle panchayats; - - - - - (xxl'iv) channels of correspondence between a ga:~ panchayat, circle panchayat and other authorities; (xxxv) disposal of assets and liabilities of a gaon sabha circle panchayat on its supersesiion; it - - , (xxxvu) the conditions subject to which sums due to a gal'r:: sabha may be written off as irrecoverable, and the conditioi!:i subject to which the whole or any part of a fee may be remitte\i and generally for the ~'lidance of gajn sabhas, galln panchayat~, circle panchayats, panchayati adalats, committees, servants \::: the state and other authorities in any matter connected with th~ carrying out of the provisions of this act; (xxxviii) the regulation of the election of the members ot the gaon panchaya: and panches of circle panchayats in order to secure the adequate representation of the scheduled castes; - - - - 103 the prescribed authority may, and when required by the chief commissioner, shall make bye-laws for a gaon pancbayat or a circle panchayat consistent with the act and the rules made thereunder for the purpose of promoting or maintaining the health, safety -and convenience of persons residing within the jurisdictio!l of a gaon panchayat or circle panchayat and for furtherance of administration of gaon panchayats under this act - - - - - p 105 on and from the date this act ccmes into force, the punjab r~ village panchayat act 1939 as extended to the union territory of a~':\ delhi, shall be deemed to be repealed in respect of areas to which sol· this act applies ami thp pan('hayats, if any, established thel'ellnder in such areas shall b(' abolished, their funds and other properties, if any, shall vest in ancl their liabilities shall be transferred to such gaon sabha as may be established in the said areas under this act and the suits if ~n~· pending on such date before the panchayats shall be transferrpd to thp circle panchayats if any, established in those areas or \\'hf're no such circle panchayat exists to that civil court of lowest grrtde having jurisdiction therein the criminal cases, if any, pending on such date before the panchayats shall be transferred to the district magistrate schedule --------------| description | of | suits ||----------------------|------------|-----------------|| time | from which | || period begins | | || to | run | || period ot | | || limitation | | || 3 | | || yean | | || i | | || for money | | || dui! | | || oil | | || a | | || cl'ntract | | || when | the | || money | | || became | | || due | to | the || plaintiff | | || d", | | || :! | | || for | the | rt!\;'\-::ry || "i | | || movable property | | || ('r | | || the value thereof | | || when | | || the | | || plaintiff | | || became | | || c:ntitled | | || til | | || the delivery | of | the || movable | | || property | | || d'_ | | || when | | || the | | || movable | | || 3· | | || for | | || c~nsation | | || for | | || wrongf | | || iy | | || laking | or | || injuring a movable | | || property | | || i'roper~ | | || | | || wrong- | | || fuuv | t | or || injury | | || wall | done | to || 6 months | | || [he | | || damqc | was caused | || hy | | || the cattle trespass | | || 4· | | || ror | damages | || ~aused | | || by | | || cattle tre5pass | | | billto provide tor the ~onstitution of panchayal salllitis and nyaya panchayats in the union territory of delhi and to make certain amendments in the delhi land reforms act, 1954, and the delhi panchayat raj act, 1954, and for matters incidental thereto ,sltn uulzuniul sunda, hinister of home affairs)

Parliament_bills

e75f06d2-8cea-500d-aa63-55c7ce9522b9

bill no 76 of 2006 the central educational institutions (reservation in admission) bill, 2006 a billto provide for the reservation in admission of the students belonging to the scheduled castes, the scheduled tribes and the other backward classes of citizens, to certain central educational institutions established, maintained or aided by the central government, and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—short title1 this act may be called the central educational institutions (reservation inadmission) act, 2006definitions2 in this act, unless the context otherwise requires,—(a) "academic session" means the period in a calendar year, or a part thereof, during which a central educational institution is open for teaching or instruction in any branch of study or faculty;(b) "annual permitted strength" means the number of seats, in a course or programme for teaching or instruction in each branch of study or faculty authorised by an appropriate authority for admission of students to a central educational institution;(c) "appropriate authority" means the university grants commission, the bar council of india, the medical council of india, the all india council for technical education or any other authority or body established by or under a central act for the determination, coordination or maintenance of the standards of higher education in any central educational institution;(d) "central educational institution" means—(i) a university established or incorporated by or under a central act; (ii) an institution of national importance set up by an act of parliament;3 of 1956(iii) an institution, declared as a deemed university under section 3 of the university grants commission act, 1956, and maintained by or receiving aid from the central government;(iv) an institution maintained by or receiving aid from the central government, whether directly or indirectly, and affiliated to an institution referred to in clause (i) or clause (ii), or a constituent unit of an institution referred to in clause (iii);21 of 1860(v) an educational institution set up by the central government under the societies registration act, 1860; (e) "faculty" means the faculty of a university or of any other educational institution;2 of 2005(f) "minority educational institution" means an institution established and administered by the minorities under clause (1) of article 30 of the constitution and so declared by an act of parliament or by the central government or declared as a minority educational institution under the national commission for minority educational institutions act, 2004;(g) "other backward classes" means the class or classes of citizens who are socially and educationally backward, and are so determined by the central government;(h) "scheduled castes" means the scheduled castes notified under article 341of the constitution;(i) "scheduled tribes" means the scheduled tribes notified under article 342of the constitution;(j) "teaching or instruction in any branch of study" means teaching or instruction leading to three principal levels of qualifications at bachelor (undergraduate), masters (postgraduate) and doctoral levels in agriculture and allied sciences, architecture, dentistry, engineering, law, management, medicine, nursing, pharmacy, technology, veterinary science or such other branch of study, as may be notified by the central government in the official gazette3 the reservation of seats in admission and its extent in a central educational institution shall be provided in the following manner, namely:—reservation of seats in central educational institutions(i) out of the annual permitted strength in each branch of study or faculty, fifteen per cent seats shall be reserved for the scheduled castes;(ii) out of the annual permitted strength in each branch of study or faculty, seven and one-half per cent seats shall be reserved for the scheduled tribes;(iii) out of the annual permitted strength in each branch of study or faculty, twenty-seven per cent seats shall be reserved for the other backward classes4 the provisions of section 3 of this act shall not apply to—act not to apply in certain cases(a) a central educational institution established in the tribal areas referred to in the sixth schedule to the constitution;(b) the institutions of excellence, research institutions, institutions of national and strategic importance specified in the schedule to this act:provided that the central government may, as and when considered necessary, by notification in the official gazette, amend the schedule;(c) a minority educational institution as defined in this act; (d) a course or programme at high levels of specialisation, including at the post-doctoral level, within any branch of study or faculty, which the central government may, in consultation with the appropriate authority, specifymandatory increase of seats5 (1) notwithstanding anything contained in clause (iii) of section 3 and in any other law for the time being in force, every central educational institution shall, with the prior approval of the appropriate authority, increase the number of seats in a branch of study or faculty over and above its annual permitted strength so that the number of seats, excluding those reserved for the persons belonging to the scheduled castes, the scheduled tribes and the other backward classes, is not less than the number of such seats available for the academic session immediately preceding the date of the coming into force of this act(2) where, on a representation by any central educational institution, the central government, in consultation with the appropriate authority, is satisfied that for reasons of financial, physical or academic limitations or in order to maintain the standards of education, the annual permitted strength in any branch of study or faculty of such institution cannot be increased for the academic session following the commencement of this act, it may permit by notification in the official gazette, such institution to increase the annual permitted strength over a maximum period of three years beginning with the academic session following the commencement of this act; and then, the extent of reservation for the other backward classes as provided in clause (iii) of section 3 shall be limited for that academic session in such manner that the number of seats available to the other backward classes for each academic session are commensurate with the increase in the permitted strength for each year6 the central educational institutions shall take all necessary steps, which are required in giving effect to the provisions of sections 3, 4 and 5 of this act, for the purposes of reservation of seats in admissions to its academic sessions commencing on and from the calendar year, 2007reservation of seats in admissions to begin in calendar year, 2007laying of notifications before parliament7 every notification 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 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 the schedule [see section 4(b)]s nonames of the institutions of excellence, etc1homi bhabha national institute, mumbai and its constituent units, namely:—(i)bhabha atomic research centre, trombay(ii)indira gandhi centre for atomic research, kalpakkam(iii)raja ramanna centre for advanced technology, indore(iv)institute for plasma research, gandhinagar(v)variable energy cyclotron centre, kolkata(vi)saha institute of nuclear physics, kolkata(vii)institute of physics, bhubaneshwar(viii)institute of mathematical sciences, chennai(ix)harish-chandra research institute, allahabad(x)tata memorial centre, mumbai2tata institute of fundamental research, mumbai3north-eastern indira gandhi regional institute of health and medical science, shillong4national brain research centre, manesar, gurgaon5jawaharlal nehru centre for advanced scientific research, bangalore6physical research laboratory, ahmedabad7space physics laboratory, thiruvananthapuram8indian institute of remote sensing, dehradun statement of objects and reasonspart iv of the constitution containing the directive principles of state policy, in article 46, lays down that the state shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the scheduled castes and the scheduled tribes, and shall protect them from social injustice access to education is of utmost importance in insuring advancement of persons belonging to the scheduled castes, the scheduled tribes, and the socially and educationally backward classes of citizens, who are also referred to as the other backward classes (obcs)2 the constitution (93rd amendment) act, 2005, inserted clause (5) in article 15 of the constitution, with a view to promote the educational advancement of the socially and educationally backward classes of citizens, the scheduled castes and the scheduled tribes through special provisions relating to admission of students belonging to these categories in all educational institutions, including private educational institutions, whether aided or unaided by the state in terms of this provision, parliament as well as the state legislatures are empowered to make appropriate laws for the educational advancement of the weaker sections of the people3 with a view to give effect to the consitutional provisions, it is expedient and necessary to make statutory provisions in the proposed bill for reservation in matters of admissions for the students belonging to the scheduled castes (scs), the scheduled tribes (sts) and the socially and educationally backward classes of citizens (obcs) in the central educational institutions, including institutions deemed to be universities established, maintained or aided by the central government the provisions of the proposed bill, inter alia, will not apply to the minority educational institutions referred to in clause (1) of article 304 the bill seeks to achieve the above objectivenew delhi;arjun singhthe 23rd august, 2006 financial memorandumclause 5 of the bill makes provision for mandatory increase of seats in the central educational institutions, which will be attained over a maximum period of three years beginning with the academic session following the commencement of provisions of the bill though, it may not be possible to quantify the financial requirement on this account at this stage, whatever be the expenditure, it would be met from the consolidated fund of india through budgetary provision under the department of higher education, ministry of human resource developmentthe bill does not involve any other expenditure memorandum regarding delegated legislationsub-clause (g) of clause 2 of the bill defines the expression "other backward classes"so as to mean the class or classes of citizens who are socially and educationally backward and are so determined by the central government sub-clause (j) of clause 2 empowers the central government to notify other branches of study2 proviso to sub-clause (b) of clause 4 empowers the central government to amend, as and when considered necessary, the schedule to the bill, containing the names of the institutions of excellence, research institutions of national and strategic importance subclause (d) of clause 4 empowers the central government to specify the courses or programmes at high levels of specialisation, including at the post-doctoral level, to which the provisions of the bill shall not apply3 clause 5 empowers the central educational institutions to increase the number of seats in a branch of study or faculty with the prior approval of the appropriate authority; and provides that the central government may, in consultation with the appropriate authority, permit, by notification, the central educational institutions to increase the annual permitted strength over a maximum period of three years in certain exigency4 clause 7 provides that every notification made under this bill shall be laid before both the houses of parliament5 all the matters in respect of which notifications may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for the reservation in admission of the students belonging to the scheduled castes, the scheduled tribes and the other backward classes of citizens, to certain central educational institutions established, maintained or aided by the central government, and for matters connected therewith or incidental thereto————

Parliament_bills

a7b58d3b-2802-5034-b1e0-67a9dbbc1074

financial memorandumclause 3 of the bill provides for free education to children born of parents living below poverty line clause 4 provides for certain facilities to such children and clause 5 provides for scholarships in deserving cases the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure to the tune of rupees three hundred crores is likely to be incurred per annum a non-recurring expenditure of rupees one hundred crore ts also likely to be incurred, memorandum regarding delegated legislationclause 6 of the bill gives power to the central government to frame rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character

Parliament_bills

c5466978-ec5e-5e64-b321-2731da0c5140

bill no 72 of 2015 the gazetted officers of the central government (compulsory military training) bill, 2015 by maj gen b c khanduri avsm (retd), mp a billto provide for compulsory military training for all able-bodied gazetted officers of the central government and for matters connected therewith be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the gazetted officers of the central government compulsory military training) act, 2015(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "gazetted officer" means a group 'a' or group 'b' gazetted officer, below the age of forty-five years, of the central government and includes officers belonging to all india services but does not include officers of indian police service, central armed police forces and armed forces; and(b) "prescribed" means prescribed by rules made under the act3 (1) the central government shall, within a period of five years from the date of selection or promotion, as the case may be, to a gazetted post provide military training to all able-bodied gazetted officers for a period of not less than one year(2) the military training referred to in sub-section (1) shall be imparted in such manner as may be prescribedcompulsory military training to gazetted officers of the central government5(3) the central government shall establish such number of institutions and take such other necessary steps, as it may deem fit, to give effect to the provisions of sub-section (1)4 every gazetted officer who successfully completes training under sub-section (1) of section 3—awarding of certificate on completion of training10(i) shall be awarded a certificate to that effect by the central government; and (ii) may, in situations of the natural and civil emergencies, be deputed to assist the armed forces, police or disaster management personnelpower to make rules5 (1) the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of this act1520(2) every rule made under this act by the central government 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 the 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 statement of objects and reasonsit is definitely a good idea to have a well trained civilian as well as a trained armycompulsory military training to all able-bodied gazetted officers of the central government will instill a more strong sense of self-discipline, character building, leadership qualities and patriotism among them such a step will provide our armed forces with trained volunteers whose services can be utilized during civil or natural emergencies like earthquake, tsunami, cloudburst, hailstorm or floods in an efficient manner moreover, army trained officer will be able to instill a strong sense of loyalty, duty and discipline among their subordinate and contribute to core values and ethos of the country these trained officers will also realize the importance of service being rendered by members of armed forces the training will make them more smart, fit, mature and motivatedthe government should take effective steps for implementation of the proposal that whoever enters the government service including public sector undertakings must compulsorily serve in the armed forces for a minimum period of two or three years alternatively, the government may consider giving incentives in promotion, place of posting etc to those who enter the government service, after serving a minimum period of two or three years in the armed forcesthe bill, therefore, seeks to provide for compulsory military training to all gazetted officers of the central government with a view to develop a more strong sense of loyalty, duty and self-discipline among them and prepare a trained manpower in reserve to meet any eventuality or natural calamityhence this billnew delhi;b c khandurifebruary 12, 2014 financial memorandumclause 3 of the bill provides for military training to be imparted to all able-bodied gazetted officers of the central government it further provides for setting up of training institutions for the purpose of imparting military training the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees three hundred crore will be incurred per annuma non-recurring expenditure of rupees three hundred crore is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the appropriate government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for compulsory military training for all able-bodied gazetted officers of the central government and for matters connected therewith————(maj gen b c khanduri, avsm [retd], mp)gmgipmrnd—4762ls(s3)—04-03-2015

Parliament_bills

7cedd28c-abba-58bf-a1dc-712a526aee96

- bill no 58 of 1990 - the gold (control) repeal bill, 1990 a billto repeal the gold (control) act, 1968 short title be it enacted by parliament in the forty-first year of the republic of india as follows:-1 this act may be called the gold (control) repeal act, 1990 repeal of act 45 or 1968 z the gold (control) act, is hereby repealed statement of objects and reasonsgold control which regulated the domestic trade and movement of gold within the country wa's introduced on 9th january, 1963 as part of the defence of india rules later on the gold (control) act, 1968 was enacted with the broad objectives of controlling the production, manufacture, supply, distribution, use and possession of, and business in, gold, ornaments and articles of gold the said enactment was meant to supplement other preventive measures to make circulation of smuggled gold difficult and its detection easier by extending the control over gold beyond the stage of import 2 over the past 22 years the results achieved under the act have not been encouraging and the desired objectives for which the act was introduced have not been achieved due to various socio-economic and cultural factors in the vast multitude of the country's population and the lack of adequate administrative machinery on the ·)ther hand, this regressive and purely regulatory act has given rise to considerable dissatisfaction in the minds of the pubhc as it has caused hardship and harassment to the artisans and small 'self-employed goldsmiths who have not been able to develop their skills and earn proper living on account of the rigours which this act imposed upon them 3 taking these factors into consideration and the advice of experts who have examined issues related to this act, it is proposed to repeal the gold (control) act 1968 4 the bill seeks to achieve the said object new delhi; the 16th aptil, 1990 madhu dandavate a bill to repeal the gold (control) act,(pto! madhu dandavate, minister of finance)

Parliament_bills

9eb10560-c90c-576b-94d5-65c41877a7a2

bill no 16 of 2015 the electronic waste (handling and disposal) bill, 2015by maj gen b c khanduri avsm (retd), mpa billto provide for proper handling and disposal of electronic waste being generated by discarded electronic devices by prescribing norms and fixing responsibilities and duties on manufacturers, re-cyclers and consumers with regard to disposal of electronic waste and for matters connected therewith or incidental theretowhereas decisions were taken at the united nations conference on the human environment held at stockholm in june, 1972, in which india participated, to take appropriate steps for the protection and improvement of human environment;and whereas it is considered necessary to implement the decisions aforesaid to protect the environment from the ill effects of non-biodegradable electronic waste;and whereas article 48a of the constitution enjoins upon the state to endeavour to protect and improve the environment and to safeguard the forests and wild life of the countrybe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the electronic waste (handling and disposal) act, 2015 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—5(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "consumer" means a person using products capable of generating electronic waste; (c) "disposal" means disposal of electronic waste according to prescribed norms to prevent contamination of ground water, surface water, ambient air quality and harmful effect on human health;10(d) "electronic waste" means waste generated from discarded television, personal computer, floppy, audio-video cd, battery, cell phone, refrigerator, air conditioner, electronic toys, telephone, washing machine, electronic switch and such other products;(e) "operator" means a person or establishment owning or operating a facility for collection, transportation and disposal of electronic waste;(f) "prescribed" means prescribed by rules made under this act;15(g) "re-cycler" means any person or establishment engaged in re-cycling or re-processing of used electronic equipment or assembly of their component;(h) "storage" means the temporary containment of electronic waste in a manner so as to prevent its littering and hazardous effects on human being; and20(i) "transportation" means carrying of electronic waste from one place to other place hygienically through specially designed transport vehicle so as to prevent littering and harmful effects on human being3 (1) the central government shall, in consultation with central pollution control board, prescribe the compliance criteria and procedure for handling and disposal of electronic waste25compliance criteria and procedure for disposal of electronic waste(2) the central pollution control board shall monitor the implementation of the compliance criteria and procedure for handling and disposal of electronic waste304 (1) the appropriate government shall ensure that all the electronic waste generated within its territorial jurisdiction is handled and disposed of in accordance with compliance criteria and procedure prescribed under sub-section (1) of section 3a p p r o p r i a t e government to ensure disposal of electronic waste(2) the appropriate government shall provide infrastructure facilities for collection, storage, transportation and disposal of electronic waste(3) the appropriate government may after due authorization, permit any operator to collect, transport and dispose of the electronic waste in such manner as may be prescribed5 it shall be the duty of every manufacturer,—35duty of manufacturer(i) to ensure that every electronic product offered for sale in the market contains—(a) the procedure for its handling and disposal; and40(b) the information about the parts which can be re-cycled and which cannot be re-cycled; (ii) to set-up adequate number of collection centres for the hazardous electronic waste; and(iii) to create public awareness through advertisements, publications and other electronic media about the hazardous substances in their products which may cause ill effects on human body45duty of consumer6 it shall be the duty of every consumer to ensure that the electronic waste is not disposed of in any manner except in the manner prescribed for the purpose| 7 ||-------------------------------------------------|| government in such manner as may be prescribed || registration || and || responsibility || of re-cycler |5(2) every re-cycler shall re-cycle only those parts of an electronic product which havebeen marked as re-cyclable by the manufacturerpenalty8 whoever violates the provisions of this act or the rules made thereunder shall bepunished with imprisonment for a term which may extend to one year and with fine which may extend to five lakh rupees10offence by a company9 where any of the provisions of this act or of any rule made thereunder iscontravened by a company, every person who, at the time of contravention, was in charge 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 commission of an offence under this act and shall be liable to be proceeded against and punished accordingly:15provided that nothing contained in this sub-section shall render any suchperson liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contraventionexplanation—for the purpose of this section "company" means anybody corporate and includes a firm or other association of individuals2010 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceact to have overriding effectpower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act25 30(2) 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 the 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 statement of objects and reasonselectronic goods have become the household articles today every home has not one but a number of electronic products once these electronic products become obsolete or discarded, they are either thrown in the garbage bin or sold as scrap the scrap dealers dismantle these gadgets and keep what is useful and rest of it is rendered into garbage which is then thrown in the landfills this, of course, is not the proper way of disposal of electronic waste in this way millions of tonnes of electronic waste is generated in various metropolitan cities of the country a number of components in these electronic products are hazardous and should be disposed of in a manner that does not harm the environment many of these products contain toxic substances like lead, cadmium, mercury, hexavalent chromium, barium, beryllium and carcinogenic agents like carbon black and heavy metals these elements cause serious health problems to the persons handling electronic waste and also damage the environmentin various countries, there are laws for proper disposal of electronic waste and the procedure for disposal is also displayed on the product it is also indicated on the product what can be re-cycled and what cannot be re-cycled but, in our country disposal of electronic waste is nobody's responsibility as of now, there is no law for the disposal of electronic waste and no account is being maintained as how much electronic waste is being generated and how much of it is being disposed of it is, therefore, high time that matter may be regulated before the situation becomes alarminghence this billnew delhi;b c khanduridecember 23, 2014 financial memorandumclause 4 of the bill provides that the appropriate government shall provide infrastructure facilities for collection, storage, transportation and disposal of electronic waste the expenditure relating to states shall be borne out of the consolidated funds of the respective states however, the central government may also have to provide some financial assistance to the states for this purpose also, the expenditure in respect of union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crore will be involved as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character—————— a billto provide for proper handling and disposal of electronic waste being generated by discarded electronic devices by prescribing norms and fixing responsibilities and duties on manufacturers, re-cyclers and consumers with regard to disposal of electronic waste and for matters connected therewith or incidental thereto————(maj gen b c khanduri avsm (retd), mp)gmgipmrnd—4332ls(s-3)—09-02-2015

Parliament_bills

90719365-4f62-59f3-96c5-69a6df06bdb2

the national identification authority of india bill, 2010———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter iiaadhaar numbers3 aadhaar number 4 properties of aadhaar number 5 authentication of aadhaar number 6 aadhaar number not evidence of citizenship or domicile, etc 7 central identities data repository 8 updation of certain information 9 prohibition on requiring certain information10 special measures for issuance of aadhaar number to certain categories of persons chapter iii national identification authority of india11 establishment of authority 12 composition of authority 13 qualifications for appointment of chairperson and members of authority 14 term of office and other conditions of service of chairperson and members 15 removal of chairperson and members 16 restrictions on chairperson or members on employment after cessation of office 17 functions of chairperson 18 meetings 19 vacancies, etc not to invalidate proceedings of authority 20 officers and other employees of authority 21 functions of chief executive officer of authority 22 transfer of assets, liabilities of authority 23 powers and functions of authority chapter iv grants, accounts and audit and annual report 24 grants by central government 25 other fees and revenue 26 accounts and audit27 returns and annual report, etc chapter v identity review committee clauses28 review committee 29 functions of review committee chapter vi protection of information30 security and confidentiality of information 31 alteration of demographic information or biometric information 32 access to own information and records of requests for authentication 33 disclosure of information in certain cases chapter vii offences and penalties34 penalty for impersonation at time of enrolment 35 penalty for impersonation of aadhaar number holder by changing demographicinformation or biometric information36 penalty for impersonation 37 penalty for disclosing identity information 38 penalty for unauthorised access to the central identities data repository 39 penalty for tampering with data in central identities data repository 40 penalty for manipulating biometric information 41 general penalty 42 offences by companies 43 act to apply for offence or contravention committed outside india 44 power to investigate offences 45 penalties not to interfere with other punishments 46 cognizance of offences chapter viii miscellaneous47 power of central government to supersede authority 48 members, officers, etc, to be public servants 49 power of central government to issue directions 50 delegation 51 protection of action taken in good faith 52 power of central government to make rules 53 power of authority to make regulations 54 laying of rules and regulations before parliament 55 application of other laws not barred 56 power to remove difficulties 57 savings bill no lxxv of 2010 the national identification authority of india bill, 2010 a billto provide for the establishment of the national identification authority of india for thepurpose of issuing identification numbers to individuals residing in india and to certain other classes of individuals and manner of authentication of such individuals to facilitate access to benefits and services to such individuals to which they are entitled and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:— chapter i preliminary(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the commencement of that provision2 in this act, unless the context otherwise requires,—definitions5(a) "aadhaar number" means the identification number issued to an individualunder sub-section (2) of section 3;(b) "aadhaar number holder" means an individual who has been issued anaadhaar number under this act;10(c) "authentication" means the process wherein, aadhaar number along withother attributes (including biometrics) are submitted to the central identities data repository for its verification and such repository verifies the correctness thereof on the basis of information or data or documents available with it;(d) "authority" means the national identification authority of india establishedunder sub-section (1) of section 11;15(e) "biometric information" means a set of such biological attributes of anindividual as may be specified by regulations;20(f) "central identities data repository" means a centralised database in one ormore locations containing all aadhaar numbers issued to aadhaar number holders along with the corresponding demographic information and biometric information of such individuals and other information related thereto;(g) "chairperson" means the chairperson of the authority appointed undersection 12;25(h) "demographic information" includes information relating to the name, age,gender and address of an individual (other than race, religion, caste, tribe, ethnicity, language, income or health), and such other information as may be specified in the regulations for the purpose of issuing an aadhaar number;(i) "enrolling agency" means an agency appointed by the authority or by theregistrars, as the case may be, for collecting information under this act;30(j) "enrolment" means such process, as may be specified by regulations, tocollect demographic information and biometric information from individuals by the enrolling agencies for the purpose of issuing of aadhaar number to such individuals under this act;(k) "identity information" in respect of an individual means biometric information,demographic information and aadhaar number of such individuals;35(l) "member" includes the chairperson and a part-time member of the authorityappointed under section 12;(m) "notification" means a notification published in the official gazette and the expression "notified" with its cognate meanings and grammatical variations shall be construed accordingly;40(n) "prescribed" means prescribed by rules made under this act; (o) "registrar" means any entity authorised or recognised by the authority for the purpose of enrolling the individuals under this act;(p) "regulations" means the regulations made by the authority under this act;45(q) "resident" means an individual usually residing in a village or rural area or town or ward or demarcated area (demarcated by the registrar general of citizen registration) within a ward in a town or urban area in india;(r) "review committee" means the identification review committee constituted under sub-section (1) of section 28 chapter ii aadhaar numbersaadhaar number3 (1) every resident shall be entitled to obtain an aadhaar number on providing of his demographic information and biometric information to the authority in such manner as may be specified by regulations:5provided that the central government may, from time to time, notify such other category of individuals who may be entitled to obtain an aadhaar number(2) on receipt of the demographic information and biometric information under subsection (1), the authority shall, after verifying the information, in such manner as may be specified by regulations, issue an aadhaar number to such resident104 (1) an aadhaar number, issued to an individual shall not be re-assigned to any other individualproperties of aadhaar number(2) an aadhaar number shall be a random number and bear no attributes or identity data or part thereof, relating to the aadhaar number holder15(3) an aadhaar number shall, subject to authentication, be accepted as proof of identity of the aadhaar number holderauthentication of aadhaar number5 (1) the authority shall perform authentication of the aadhaar number of a aadhaar number holder in relation to his biometric information and demographic information subject to such conditions and on payment of such fees and in such manner as may be specified by regulations20(2) the authority shall respond to an authentication query with a positive or negative response or with any other appropriate response excluding any demographic information and biometric information6 the aadhaar number or the authentication thereof shall not, by itself, confer any right of or be proof of citizenship or domicile in respect of an aadhaar number holder25aadhaar number not evidence of citizenship or domicile, etccentral identities data repository7 the authority may engage one or more entities to establish and maintain the central identities data repository and to perform any other functions as may be specified by regulations30updation of certain information8 the authority may require the aadhaar number holders to update their demographic information and biometric information, from time to time, in such manner as may be specified by regulations so as to ensure continued accuracy of their information in the central identities data repository9 the authority shall not require any individual to give information pertaining to his race, religion, caste, tribe, ethnicity, language, income or healthprohibition on requiring certain information3510 the authority shall take special measures to issue aadhaar number to women,children, senior citizens, persons with disability, migrant unskilled and unorganised workers, nomadic tribes or to such other persons who do not have any permanent dwelling house and such other categories of individuals as may be specified by regulationsspecial measures for issuance of aadhaar number to certain categories of persons chapter iii national identification authority of india40establishment of authority11 (1) the central government shall, by notification, establish an authority to beknown as the national identification authority of india to exercise the powers conferred on it and to perform the functions assigned to it under this act(2) the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued52 of 1985(3) the head office of the authority shall be in the national capital region referred to in clause (f) of section 2 of the national capital region planning board act, 1985(4) the authority may, with the prior approval of the central government, establish its offices at other places in indiacomposition of authority12 the authority shall consist of a chairperson and two part-time members to beappointed by the central government1013 the chairperson and members of the authority shall be persons of ability, integrityand outstanding calibre having experience and knowledge in the matters relating to technology, governance, law, development, economics, finance, management, public affairs or administrationqualifications for appointment of chairperson andmembers ofauthority1514 (1) the chairperson and the members appointed under this act shall hold officefor a term of three years from the date on which they assume office and shall be eligible for reappointment:term of office and other conditions of service of chairperson and membersprovided that no person shall hold office as a chairperson or member after he hasattained the age of sixty-five years:20provided further that the chairperson of the unique identification authority of indiaappointed before the commencement of this act by notification a-43011/02/2009-admni (volii) dated the 2nd july, 2009 shall continue as a chairperson of the authority under this act for the term for which he had been appointed25(2) the chairperson and every member shall, before entering upon their office, makeand subscribe to, an oath of office and of secrecy, in such form and in such manner and before such authority as may be prescribed(3) notwithstanding anything contained in sub-section (1), the chairperson or member may—30(a) relinquish his office, by giving in writing to the central government, a noticeof not less than thirty days; or(b) be removed from his office in accordance with the provisions of section 15(4) the chairperson shall not hold any other office during the period of holding his office in the authority as such35(5) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and allowances or remuneration payable to part-time members shall be such as may be prescribed:provided that the salary, allowances and the other terms and conditions of service of the chairperson shall not be varied to his disadvantage after his appointment40removal of chairperson and members15 (1) the central government may remove from office the chairperson, or a member, who—(a) is, or at any time has been adjudged as an insolvent;45(b) has become physically or mentally incapable of acting as the chairperson or, as the case may be, a member;(c) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude;(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the chairperson or, as the case may be, a member; or(e) has, in the opinion of the central government, so abused his position as to render his continuance in office detrimental to the public interest(2) the chairperson, or a member shall not be removed under clause (d) or clause (e)of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter16 the chairperson or a member, ceasing to hold office as such, shall not, without previous approval of the central government,—5restrictions on chairperson or members one m p l o y m e n t after cessation of office(a) accept any employment in, or connected with the management oradministration of, any person which has been associated with any work under the act, for a period of three years from the date on which they cease to hold office:101 of 1956provided that nothing contained in this clause shall apply to any employmentunder the central government or a state government or local authority or in any statutory authority or any corporation established by or under any central, state or provincial act or a government company, as defined in section 617 of the companies act, 1956;15(b) act, for or on behalf of any person or organisation in connection with anyspecific proceeding or transaction or negotiation or a case to which the authority is a party and with respect to which the chairperson or such member had, before cessation of office, acted for or provided advice to, the authority;(c) give advice to any person using information which was obtained in hiscapacity as the chairperson or a member and being unavailable to or not being able to be made available to the public;20(d) enter, for a period of three years from his last day in office, into a contract ofservice with, accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as such25functions of chairperson17 the chairperson shall have powers of general superintendence, direction in theconduct of the affairs of the authority and he shall, in addition to presiding over the meetings of the authority, and without prejudice to any of the provisions of this act, exercise and discharge such other powers and functions of the authority as may be prescribedmeetings3018 (1) the authority shall meet at such times and places and shall observe such rulesof procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be specified by regulations(2) the chairperson, or, if for any reason, he is unable to attend a meeting of the authority, the senior most member shall preside over the meetings of the authority35(3) all questions which come up before any meeting of the authority shall be decidedby a majority of votes by the members present and voting and in the event of an equality of votes, the chairperson or in his absence the member presiding over shall have a second or casting vote40(4) all decisions of the authority shall be authenticated by the signature of thechairperson or any other member authorised by the authority in this behalf45(5) if any member, who is a director of a company and who as such director, has anydirect or indirect pecuniary interest in any matter coming up for consideration at a meeting of the authority, he shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the authority, and the member shall not take part in any deliberation or decision of the authority with respect to that matter19 no act or proceeding of the authority shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the authority; (b) any defect in the appointment of a person as a member of the authority; orvacancies, etc, not to invalidate proceedings of authority(c) any irregularity in the procedure of the authority not affecting the merits of the case 20 (1) there shall be a chief executive officer of the authority, not below the rank of the additional secretary to the government of india, who shall be the member-secretary of the authority, to be appointed by the central government5officers and other employees of authority(2) the authority may, with the approval of the central government, determine the number, nature and categories of other officers and employees required to the authority in the discharge of its functions10(3) the salaries and allowances payable to, and the other terms and conditions of service of, the chief executive officer and other officers and other employees of the authority shall be such as may be specified by regulations with the approval of the central government21 (1) the chief executive officer shall be the legal representative of the authority and shall be responsible for—functions of chief executive officer of authority(a) the day-to-day administration of the authority; (b) implementing the work programmes and decisions adopted by the authority;15(c) drawing up of proposal for the authority's work programmes; (d) the preparation of the statement of revenue and expenditure and the execution of the budget of the authority(2) every year, the chief executive officer shall submit to the authority for approval—20(a) a general report covering all the activities of the authority in the previous year;(b) programmes of work; (c) the annual accounts for the previous year; and (d) the budget for the coming year25(3) the chief executive officer shall have administrative control over the officers and other employees of the authority22 on and from the establishment of the authority —transfer of assets,liabilities ofauthority30(1) all the assets and liabilities of the unique identification authority of india,established vide notification of the government of india in the planning commission number a-43011/02/2009-admini, dated the 28th january, 2009, shall stand transferred to, and vested in, the authority35explanation— the assets of such unique identification authority of india shall be deemed to include all rights and powers, and all properties, whether movable or immovable, including, in particular, cash balances, deposits and all other interests and rights in, or arising out of, such properties as may be in the possession of such unique identification authority of india and all books of account and other documents relating to the same; and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind;(2) without prejudice to the provisions of sub-section (1), all data and information collected during enrolment, all details of authentication performed, debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for such unique identification authority of india immediately before that day, for or in connection with the purpose of the said unique identification authority of india, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the authority;(3) all sums of money due to the unique identification authority of india immediately before that day shall be deemed to be due to the authority; and(4) all suits and other legal proceedings instituted or which could have been instituted by or against such unique identification authority of india immediately before that day may be continued or may be instituted by or against the authority 23 (1) the authority shall develop the policy, procedure and systems for issuing aadhaar numbers to residents and perform authentication thereof under this actpowers and functions of authority510(2) without prejudice to the provisions contained in sub-section (1), the powers and functions of the authority may, inter alia, include all or any of the following matters, namely:—(a) specifying, by regulation, demographic information and biometric information for enrolment for an aadhaar number and the processes for collection and verification thereof;15(b) collecting demographic information and biometric information from anyindividual seeking an aadhaar number in such manner as may be specified by regulations;(c) appointing of one or more entities to operate the central identities datarepository;(d) generating and assigning aadhaar numbers to individuals; (e) performing authentication of the aadhaar numbers;20(f) maintaining and updating the information of individuals in the central identitiesdata repository in such manner as may be specified by regulations;(g) omitting and deactivating of an aadhaar number and information relatingthereto in such manner as may be specified by regulations;25(h) specify the usage and applicability of the aadhaar number for delivery ofvarious benefits and services as may be provided by regulations;(i) specifying, by regulation, the terms and conditions for appointment ofregistrars, enrolling agencies and service providers and revocation of appointments thereof;30(j) establishing, operating and maintaining of the central identities datarepository;(k) sharing, in such manner as may be specified by regulations, the informationof aadhaar number holders, with their written consent, with such agencies engaged in delivery of public benefits and public services as the authority may by order direct;35(l) calling for information and records, conducting inspections, inquiries andaudit of the operations for the purposes of this act of the central identities data repository, registrars, enrolling agencies and other agencies appointed under this act;(m) specifying, by regulation, various processes relating to data management,security protocols and other technology safeguards under this act;40(n) specifying, by regulation, the conditions and procedures for issuance of new aadhaar number to existing aadhaar number holder;(o) levy and collect the fees or authorise the registrars, enrolling agencies or other service providers to collect such fees for the services provided by them under this act in such manner as may be specified by regulations;45(p) appoint such committees as may be necessary to assist the authority in discharge of its functions for the purposes of this act;(q) promote research and development for advancement in biometrics and related areas, including usage and applications of aadhaar numbers through appropriate mechanisms;(r) specifying, by regulation, the policies and practices for registrars, enrolling agencies and other service providers;50(s) setting up facilitation centres and grievance redressal mechanisms for redressal of grievances of residents, registrars, enrolling agencies and other service providers;(t) such other powers and functions as may be prescribed(3) the authority may,—5(a) enter into a memorandum of understanding or agreement, as the case maybe, with central government or state governments or union territories or other agencies for the purpose of performing any of the functions in relation to collecting, storing, securing or processing of information or performing authentication;10(b) by notification, appoint such number of registrars, engage and authorisesuch agencies to collect, store, secure, process information or do authentication or perform such other functions in relation thereto,as may be necessary for the purposes of this act15(4) the authority may engage such consultants, advisors and other persons as may be required for efficient discharge of its functions under this act on such allowances or remuneration and terms and conditions as may be specified by regulations chapter iv grants, accounts and audit and annual reportgrants by central government2024 the central government may, after due appropriation made by parliament by lawin this behalf, make to the authority, grants of such sums of money as the central government may think fit for being utilised for the purposes of this actother fees and revenue25 the fees or revenue collected by the authority shall be credited to the consolidatedfund of india and the entire amount so credited be transferred to the authorityaccounts and audit2526 (1) the authority shall maintain proper accounts and other relevant records andprepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india(2) the accounts of the authority shall be audited annually by the comptroller andauditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general30(3) the comptroller and auditor-general and any person appointed by him inconnection with the audit of the accounts of the authority under this act shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of government accounts, and in particular, shall have the right to demand production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the authority3540(4) the accounts of the authority, as certified by the comptroller and auditor-general or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the authority and the central government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliamentreturns and annual report, etc27 (1) the authority shall furnish to the central government at such time and in suchform and manner as may be prescribed or as the central government may direct, such returns and statements and particulars in regard to any matter under the jurisdiction of the authority, as the central government may from time to time require45(2) the authority shall prepare, once in every year, and in such form and manner andat such time as may be prescribed, an annual report giving—(a) a description of all the activities of the authority for the previous years; (b) the annual accounts for the previous year; and (c) the programmes of work for coming year(3) a copy of the report received under sub-section (2) shall be laid by the central government, as soon as may be after it is received, before each house of parliament chapter v identity review committee5review committee28 (1) the central government may, by notification, constitute the identity review committee to discharge functions specified under sub-section (1) of section 29 in respect of any matter connected with the usage of the aadhaar numbers10(2) the review committee shall consist of three members (one of whom shall bechairperson designated as such by the central government) who are persons of eminence, ability, integrity and standing in public life having knowledge and experience in the fields of technology, law, administration and governance, social service, journalism, management or social sciences(3) the members of the review committee shall be appointed by the central government on the recommendations of a committee consisting of—(a) the prime minister, who shall be the chairperson of the committee;15(b) the leader of opposition in the lok sabha; and (c) a union cabinet minister to be nominated by the prime minister20explanation— for the removal of doubts, it is hereby declared that where the leader of the opposition in the house of the people has not been recognised as such, the leader of the single largest group in opposition of the government in the house of the people shall be deemed to be the leader of the opposition(4) the member of the review committee shall not be a member of parliament or member of the legislature of any state or union territory, as the case may be, or a member of any political party25(5) the members of the review committee shall hold office for a term of three yearsfrom the date on which they enter upon office and shall not be eligible for reappointment(6) the central government may by order remove from office any member of the review committee, who —(a) is, or at any time has been adjudged as an insolvent;(b) has become physically or mentally incapable of acting as a member;30(c) has been convicted of an offence which, in the opinion of the centralgovernment, involves moral turpitude;(d) has acquired such financial or other interest as is likely to affect prejudiciallyhis functions as a member; or35(e) has, in the opinion of the central government, so abused his position as torender his continuance in office detrimental to the public interest:| provided that a member shall not be removed under clause ( | d | ) or clause ( | e ||--------------------------------------------------------------------------------------------|-----|-----------------|-------------------------------------------------------------------------------|| has been given a reasonable opportunity of being heard in the matter | | | || 40 | | | || functions of | | | || review | | | || committee | | | || 29 | ( | 1 | ) the review committee shall ascertain the extent and pattern of usage of the || aadhaar numbers across the country and prepare a report annually in relation to the extent | | | || and pattern of usage of the aadhaar numbers along with its recommendations thereon and | | | || submit the same to the central government | | | |(2) the manner of preparation of the report referred to in sub-section (1) shall be such as may be determined by the review committee45(3) a copy of the report along with the recommendations of the review committeeshall be laid by the central government, as soon as may be after it is received, before each house of parliament chapter vi protection of information30 (1) the authority shall ensure the security and confidentiality of identity information and anthentication records of individualssecurity and confidentiality of information5(2) the authority shall take measures (including security safeguards) to ensure thatthe information in the possession or control of the authority (including information stored in the central identities data repository) is secured and protected against any loss or unauthorised access or use or unauthorised disclosure thereof10(3) notwithstanding anything contained in any other law and save as otherwiseprovided in this act, the authority or any of its officer or other employee or any agency who maintains the central identities data repository shall not, whether during his service as such or thereafter, reveal any information stored in the central identities data repository to any person:15provided that an aadhaar number holder may request the authority to provide accessto his identity information in such manner as may be specified by regulations31 (1) in case any demographic information relating to an aadhaar number holder isfound incorrect or changes subsequently, the aadhaar number holder shall request the authority to alter such demographic information in his record in the central identities data repository in such manner as may be specified by regulationsalteration of demographic information or biometric information20(2) in case any biometric information of aadhaar number holder is lost or changessubsequently for any reason, the aadhaar number holder shall request the authority to make necessary alteration in his record in the central identities data repository in such manner as may be specified by regulations25(3) on receipt of any request under sub-section (1) or sub-section (2), the authority may, if it is satisfied, make such alteration as may be required in the record relating to such aadhaar number holder and intimate such alteration to the concerned aadhaar number holder| 32 | ( | 1 ||-----------------------------------------------------------------------------------------|------|----------------------------------------------------------------------------------|| identity of every aadhaar number holder and the response provided thereon by it in such | | || manner and for such time as may be specified by regulations | | || 30 | | || access to own | | || information | | || and records of | | || requests for | | || authentication | | || ( | 2 | ) every aadhaar number holder shall be entitled to obtain details of request for || authentication of his aadhaar number and the response provided thereon by the authority | | || in such manner as may be specified by regulations | | |33 nothing contained in sub-section (3) of section 30 shall apply in respect of—35disclosure of information in certain cases(a) any disclosure of information (including identity information or details ofauthentication) made pursuant to an order of a competent court; or(b) any disclosure of information (including identity information) made in theinterests of national security in pursuance of a direction to that effect issued by an officer or officers not below the rank of joint secretary or equivalent in the central government specifically authorised in this behalf by an order of the central government40 chapter vii offences and penalties45penalty for impersonation at time of enrolment34 whoever impersonates or attempts to impersonate another person, whether dead or alive, real or imaginary, by providing any false demographic information or biometric information shall be punishable with imprisonment for a term which may extend to three years and with a fine which may extend to ten thousand rupees535 whoever, with the intention of causing harm or mischief to a aadhaar numberholder, or with the intention of appropriating the identity of a aadhaar number holder changes or attempts to change any demographic information or biometric information of a aadhaar number holder by impersonating or attempting to impersonate another person, dead or alive, real or imaginary, shall be punishable with imprisonment for a term which may extend to three years and shall be liable to a fine which may extend to ten thousand rupeespenalty for impersonation of aadhaar number holder by changing demographic information or biometric informationpenalty for impersonation1036 whoever, not being authorised to collect identity information under the provisionsof this act, by words, conduct or demeanour pretends that he is authorised to do so, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with bothpenalty for disclosing identity information1537 whoever, intentionally discloses, transmits, copies or otherwise disseminatesany identity information collected in the course of enrolment or authentication to any person not authorised under this act shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both20penalty for unauthorised access to the central identities data repository2530 354021 of 200038 whoever, not being authorised by the authority, intentionally,—(a) accesses or secures access to the central identities data repository; or (b) downloads, copies or extracts any data from the central identities datarepository or stored in any removable storage medium; or(c) introduces or causes to be introduced any virus or other computercontaminant in the central identities data repository; or(d) damages or causes to be damaged the data in the central identities datarepository; or(e) disrupts or causes disruption of the access to the central identities datarepository; or(f) denies or causes a denial of access to any person who is authorised toaccess the central identities data repository; or(g) provides any assistance to any person to do any of the acts aforementioned;or(h) destroys, deletes or alters any information stored in any removable storagemedia or in the central identities data repository or diminishes its value or utility or effects it injuriously by any means; or(i) steals, conceals, destroys or alters or causes any person to steal, conceal,destroy or alter any computer source code used by the authority with an intention to cause damage,shall be punishable with imprisonment for a term which may extend to three years and shall be liable to a fine which shall not be less than one crore rupeesexplanation— for the purposes of this section, the expressions "computercontaminant", "computer virus" and "damage" shall have the meanings respectively assigned to them in the explanation to section 43 of the information technology act, 200045penalty for tampering with data in central identities data repository39 whoever, not being authorised by the authority, uses or tampers with the data in the central identities data repository or in any removable storage medium with the intent of modifying information relating to aadhaar number holder or discovering any information thereof shall be punishable with imprisonment for a term which may extend to three years and shall be liable to a fine which may extend to ten thousand rupeespenalty for manipulating biometric information40 whoever gives or attempts to give any biometric information which does not pertain to him for the purpose of getting an aadhaar number or authentication or updating his information, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or with both50general penalty41 whoever, commits an offence under this act for which no penalty is providedelsewhere than in this section, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to twenty-five thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both5offences by companies42 (1) where an offence under this act has been committed by a company, everyperson 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:10provided that nothing contained in this sub-section shall render any such personliable to any punishment provided in this act 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 offence15(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyexplanation— for the purposes of this section—20(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 firm2543 (1) subject to the provisions of sub-section (2), the provisions of this act shall apply also to any offence or contravention committed outside india by any person, irrespective of his nationalityact to apply for offence or contravention committed outside india(2) for the purposes of sub-section (1), the provisions of this act shall apply to anyoffence or contravention committed outside india by any person, if the act or conduct constituting the offence or contravention involves the central identities data repository2 of 197430power to investigate offences44 notwithstanding anything contained in the code of criminal procedure, 1973,a police officer not below the rank of inspector of police shall investigate any offence under this act45 no penalty imposed under this act shall prevent the imposition of any other penalty or punishment under any other law for the time being in forcepenalties not to interfere with other punishments35cognizance of offences46 (1) no court shall take cognizance of any offence punishable under this act, saveon a complaint made by the authority or any officer or person authorised by it(2) no court inferior to that of a chief metropolitan magistrate or a chief judicial magistrate shall try any offence punishable under this act chapter viii miscellaneous4047 (1) if, at any time, the central government is of the opinion,—power of central government to supersede authority(a) that, on account of circumstances beyond the control of the authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or(b) that the authority has persistently defaulted in complying with any direction given by the central government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the authority or the administration of the authority has suffered; or5(c) that circumstances exist which render it necessary in the public interest soto do,10the central government may, by notification, supersede the authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the president may direct to exercise powers and discharge functions under this act:provided that before issuing any such notification, the central government shall give a reasonable opportunity to the authority to make representations against the proposed supersession and shall consider the representations, if any, of the authority15(2) upon the publication of a notification under sub-section (1) superseding theauthority,—(a) the chairperson and other members shall, as from the date of supersession,vacate their offices as such;20(b) all the powers, functions and duties which may, by or under the provisionsof this act, be exercised or discharged by or on behalf of the authority shall, until the authority is reconstituted under sub-section (3), be exercised and discharged by theperson or persons referred to in sub-section (1); and(c) all properties owned or controlled by the authority shall, until the authorityis reconstituted under sub-section (3), vest in the central government25(3) on or before the expiration of the period of supersession specified in thenotification issued under sub-section (1), the central government shall reconstitute theauthority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment30(4) the central government shall cause a copy of the notification issued under subsection (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliest45 of 186048 the chairperson, members, officers and other employees of the authority shall be deemed, while 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 code35members, officers, etc, to be public servants49 without prejudice to the foregoing provisions of this act, the authority shall, inexercise of its powers or the performance of its functions under this act be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the central government may give, in writing to it, from time to time:power of central government to issue directions40provided that the authority shall, as far as practicable, be given an opportunity toexpress its views before any direction is given under this sub-section(2) the decision of the central government, whether a question is one of policy or not, shall be finaldelegation45| 50 ||---------------------------------------------------------------------------------------------|| officer of the authority or any other person, subject to such conditions, if any, as may be || specified in the order, such of its powers and functions under this act (except the power || under section 53) as it may deem necessary |protection of action taken in good faith51 no suit, prosecution or other legal proceeding shall lie against the central government or the authority or the chairperson or any member or any officer, or other employees of the authority for anything which is in good faith done or intended to be done under this act or the rule or regulation made thereunder552 (1) the central government may, by notification, make rules to carry out the provisions of this actpower of central government to make rules(2) in particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—10(a) the form and manner in which and the authority before whom the oath ofoffice and of secrecy is to be subscribed by the chairperson and members under subsection (2) of section 14;(b) the salary and allowances payable to, and other terms and conditions ofservice of, the chairperson and the allowances or remuneration payable to members of the authority under sub-section (5) of section 14;15(c) the other powers and functions of the chairperson of the authority undersection 17;(d) the other powers and functions of the authority under clause (t) of subsection (2) of section 23;20(e) the form of annual statement of accounts to be prepared by the authorityunder sub-section (1) of section 26;(f) the form and the manner in which and the time within which returns andstatements and particulars are to be furnished under sub-section (1) of section 27;(g) the form and the manner and the time at which the authority shall furnishannual report under sub-section (2) of section 27;25(h) any other matter which is required to be, or may be, prescribed, or in respectof which provision is to be or may be made by rules53 (1) the authority may, by notification, make regulations consistent with this act and the rules made thereunder, for carrying out the provisions of this actpower of authority to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—30(a) the biometric information under clause (e) and the demographic informationunder clause (h) of section 2;(b) the process of collecting demographic information and biometric informationfrom the individuals by enrolling agencies under clause (j) of section 2;35(c) the manner of furnishing the demographic information and biometricinformation by the resident under sub-section (1) of section 3;(d) the manner of verifying the demographic information and biometricinformation for issue of aadhaar number under sub-section (2) of section 3;(e) the conditions, fees and manner of authentication of the aadhaar numberunder sub-section (1) of section 5;40(f) the other functions to be performed by central identities data repositoryunder section 7;(g) the manner of updating biometric information and demographic informationunder section 8;45(h) the other categories of individuals under section 10 for whom the authorityshall take special measures for issue of aadhaar number;(i) the time and places of meetings of the authority and the procedure for transaction of business to be followed by it (including the quorum) under sub-section (1) of section 18;5(j) the salary and allowances payable to, and other terms and conditions ofservice of, the chief executive officer, officers and other employees of the authority under sub-section (3) of section 20;(k) the demographic information and biometric information and process fortheir collection and verification under clause (a) and the manner of their collectionunder clause (b) of sub-section (2) of section 23;10(l) the manner of maintaining and updating the information of individuals in thecentral identities data repository under clause (f) of sub-section (2) of section 23;(m) the manner of omitting and deactivating an aadhaar number and informationrelating thereto under clause (g) of sub-section (2) of section 23;15(n) the usage and applicability of the aadhaar number for delivery of variousbenefits and services under clause (h) of sub-section (2) of section 23;(o) the terms and conditions for appointment of registrars, enrolling agenciesand other service providers and the revocation of appointments thereof under clause (i) of sub-section (2) of section 23;20(p) the manner of sharing information of aadhaar number holder under clause(k) of sub-section (2) of section 23;(q) various processes relating to data management, security protocol and othertechnology safeguards under clause (m) of sub-section (2) of section 23;25(r) the procedure for issuance of new aadhaar number to existing aadhaar numberholder under clause (n) of sub-section (2) of section 23;(s) manner of authorising registrars, enrolling agencies or other servicesproviders to collect such fees for services provided by them under clause (o) of subsection (2) of section 23;30(t) policies and practices to be followed by the registrar, enrolling agencies andother service providers under clause (r) of sub-section (2) of section 23;(u) the allowances or remuneration and terms and conditions of consultants,advisors and other persons under sub-section (4) of section 23;(v) the manner in which an aadhaar number holder can access his identityinformation under sub-section (3) of section 30;(w) the manner of alteration of demographic information under sub-section (1)and biometric information under sub-section (2) of section 31;35 40(x) the manner of and the time for maintaining the details of request forauthentication and the response thereon under sub-section (1) of section 32;(y) the manner of obtaining, by the aadhaar number holder, the records ofrequest for authentication of his aadhaar number and response thereon under sub-section (2) of section 32;45laying of rules and regulations before parliament50(z) any other matter which is required to be, or may be, specified, or in respect ofwhich provision is to be or may be made by regulations 54 every rule and every regulation made under this act shall be laid, as soon as maybe after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation55 the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in forceapplication of other laws not barredpower to remove difficulties556 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment 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 such order shall be made under this section after the expiry of twoyears from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it ismade, before each house of parliament10savings57 anything done or any action taken by the central government under the resolutionof the government of india, planning commission bearing notification number a-43011/02/ 2009-admini, dated the 28th january, 2009, shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsthe central government had decided to issue unique identification numbers to all residents in india and to certain other persons the scheme of unique identification involves collection of demographic information and biometric information from individuals for the purpose of issuing of unique identification numbers to such individuals the biometric information would involve taking of a set of biological attributes of such individuals2 the central government, for the purposes of issue of the unique identification numbers, constituted, vide its notification dated the 28th january, 2009 being of executive in nature, the unique identification authority of india, which is at present functioning under the planning commission3 it has been observed and assessed that the issue of unique identification numbers may involve certain issues, such as (a) security and confidentiality of information, imposition of obligation of disclosure of information so collected in certain cases, (b) impersonation by certain individuals at the time of enrolment for issue of unique identification numbers, (c) unauthorised access to the central identities data repository, (d) mainpulation of biometric information, (e) investigation of certain acts constituting offence, and (f) unauthorised disclosure of the information collected for the purposes of issue of the unique identification numbers which should be addressed by law and attract penalties4 in view of the foregoing paragraph, it has been felt necessary to make the said authority as a statutory authority for carrying out the functions of issuing identification numbers to the residents in india in an effective manner it is, therefore, proposed to enact the national identification authority of india bill, 2010 to provide for the establishment of the national identification authority of india for the prupose of issuing identification numbers (which has been referred to as aadhaar number) to individuals residing in india and to certain other classes of individuals and manner of authentication of such individuals to facilitate access to benefits and services to such individuals to which they are entitled and for matters connected therewith or incidental thereto5 the national identification authority of india bill, 2010, inter alia, seeks to provide—(a) for issue of aadhaar numbers to every resident by the authority on providing his demographic information and biometric information to it in such manner as may be specified by regulations;(b) for authentication of the aadhaar number of an aadhaar number holder in relation to his biometric information and demographic information subject to such conditions and on payment of such fees as may be specified by regulations;(c) for establishment of the national identification authority of india consisting of a chairperson and two part-time members;(d) that the authority to exercise powers and discharge functions which, inter alia, include—(i) specifying the demographic information and biometric information for enrolment for an aadhaar number and the processes for collection and verification thereof;(ii) collecting demographic information and biometric information from any individual seeking an aadhaar number in such manner as may be specified by regulations;(iii) appointing of one or more entities to operate the central identities data repository;(iv) maintaining and updating the information of individuals in the central identities data repository in such manner as may be specified by regulations;(v) specify the usage and applicability of the aadhaar number for delivery of various benefits and services as may be provided by regulations;(e) that the authority shall not require any individual to give information pertaining to his race, religion, caste, tribe, ethnicity, language, income or health;(f) that the authority may engage one or more entities to establish and maintain the central identities data repository and to perform any other functions as may be specified by regulations;(g) for constitution of the identity review committee consisting of three members (one of whom shall be the chairperson) to ascertain the extent and pattern of usage of the aadhaar numbers across the country and prepare a report annually in relation to the extent and pattern of usage of the aadhaar numbers along with its recommendations thereon and submit the same to the central government;(h) that the authority shall take measures (including security safeguards)to ensure that the information in the possession or control of the authority (including information stored in the central identities data repository) is secured and protected against any loss or unauthorised access or use or unauthorised disclosure thereof;(i) for offences and penalties for contravention of the provisions of the proposed legislation6 the notes on clauses explain in detail the various provisions contained in the bill7 the bill seeks to achieve the above objectivesnew delhi;manmohan singhthe 8th november, 2010clause 2— this clause contains definitions of certain words and expressions used in the proposed legislation these definitions, inter alia, include the definitions of "aadhaar number", "authentication", "central identities data repository", "demographic information", identity information", "resident", "review committee", etcclause 3— this clause provides for entitlement to obtain an aadhaar number by every resident it proposes that every resident shall be entitled to obtain an aadhaar number after providing his demographic information and biometric information to the authority in such manner as specified by regulations it further provides that the central government may from time to time notify the other category of individuals who may be entitled to obtain an aadhaar number it also provides that the authority after verifying the demographic information and biometric information provided by the resident, issue an aadhaar number to such residentclause 4— this clause deals with the properties of aadhaar number it provides that any aadhaar number issued to an individual shall not be re-assigned to any other individual; it shall be a random number and bear no attributes or identity data relating to the aadhaar number holder it further provides that the aadhaar number can be accepted as proof of identity of its holder but subject to authenticationclause 5—this clause empowers the authority to perform authentication of the aadhaar number of a aadhaar number holder in relation to his biometric information and demographic information subject to such conditions and on payment of such fees and in such manner as specified by regulations it further empowers the authority to respond to an authentication query with a positive or negative response or with any other appropriate response excluding any demographic information and biometric informationclause 6—this clause lays down that the aadhaar number or the authentication thereof shall not, by itself, confer any right of or be proof of citizenship or domicile in respect of an aadhaar number holderclause 7—this clause empowers the authority to engage one or more entities to establish and maintain the central identities data repository and to perform any other functions as provided under regulationsclause 8— this clause deals with the updating of the demographic information and biometric information of the aadhaar number holders, from time to time, in such manner as specified by regulations so as to ensure continued accuracy of their information in the central identities data repositoryclause 9— this clause prohibits the authority from requiring any individual to give information pertaining to his race, religion, caste, tribe, ethnicity, language, income or healthclause 10—this clause empowers the authority to take special measures to issue aadhaar number to women, children, senior citizens, persons with disability, migrant unskilled and unorganised workers, nomadic tribes or to such other persons who do not have any permanent dwelling house and such other categories of individuals which are specified by regulationsclause 11— this clause provides for establishment of the national identification authority of india, by the central government, to exercise the powers conferred on it and to perform the functions assigned to it under the proposed legislation the said authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of the proposed legislation, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued it further provides for the location of the head office of the authority in the national capital region and with the prior approval of the central government, to establish its offices at other places in indiaclause12—this clause lays down the composition of the authority consisting of a chairperson and two part-time members to be appointed by the central governmentclause 13—this clause provides for qualifications for appointment of chairperson and members of the authority it provides that persons of ability, integrity and outstanding calibre having experience and knowledge in the matters relating to technology, governance, law, development, economics, finance, management, public affairs or administration shall be qualified as chairperson and members of the authorityclause 14— this clause provides for term of office and other conditions of service of chairperson and members it provides that the chairperson and the members shall hold office for a term of three years from the date on which they assume office and shall be eligible for reappointment it also provides that the chairperson or member of the authority shall not hold office as such after he has attained the age of sixty-five yearsit also provides that the chairperson of the unique identification authority of india appointed before the commencement of the proposed legislation by notification a-43011/02/ 2009-admni (volii) dated the 2nd july, 2009 shall continue as a chairperson of the authority under the proposed legislation for the term for which he had been appointedit also provides that the chairperson and every member shall, before entering upon their office, make and subscribe to, an oath of office and of secrecy, in such form and in such manner and before such authority as may be prescribedit also provides that notwithstanding anything contained in sub-clause (1), the chairperson or member may relinquish his office, by giving in writing to the central government, a notice of not less than thirty days; or be removed from his office in accordance with the provisions of clause 15 it also provides that the chairperson shall not hold any other office during the period of holding their office in the authority as suchit also provides that the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and allowances or remuneration payable to parttime members shall be such as may be prescribed by the central government but neither the salary, allowances nor the other terms and conditions of service of the chairperson shall be varied to his disadvantages after his appointmentclause 15— this clause provides for removal of chairperson and members of the authority it provides that the central government may remove from office the chairperson or a member of the authority on any of the grounds enumerated in this clauseit further provides that the chairperson or a member shall not be removed from his office on the grounds specified in item (d) or (e) of sub-clause (1) unless he has been given a reasonable opportunity of being heard in respect of those chargesclause 16— this clause prohibition as to holding of offices by the chairperson or a member on ceasing to be such chairperson or a member of the authority it provides that on ceasing to hold office, the chairperson or member of the authority, as the case may be, shall subject to the provisions of the proposed legislation, be ineligible, for further employment in, or, connected with the management or administration of, any person which has been associated with any work under the act, for a period of three years it also provides that the clause shall not apply to any employment under the central government or a state government or local authority or in any statutory authority or any corporation established by or under any central, state or provincial act or a government company, as defined in section 617 of the companies act, 1956it also provides prohibition to act, for or on behalf of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the authority is a party and with respect to which the chairperson or such member had, before cessation of office, acted for or provided advice to, the authority; to give advice to any person using information which was obtained in his capacity as the chairperson or a member and being unavailable to or not being able to be made available to the public; to enter, for a period of three years from his last day in office, into a contract of service with, accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as suchclause 17— this clause lays down the functions of the chairperson it provides that the chairperson shall have powers of general superintendence, direction in the conduct of the affairs of the authority in addition to presiding over the meetings of the authority and without prejudice to any of the provisions of the proposed legislation, to exercise and discharge such powers and functions of the authority as may be prescribedclause 18— this clause empowers the authority to determine the procedure for the transaction of business in its meetings including times and places of such meetings it provides that the chairperson, or, if for any reason, he is unable to attend a meeting of the authority, the senior most member shall preside over the meetings of the authorityit further provides that all questions which come up before any meeting of the authority shall be decided by a majority of votes by the members present and voting and in case of an equality of votes, the chairperson or in his absence the member presiding over shall have a second or casting vote and all such decisions of the authority shall be authenticated by the signature of the chairperson or any other member authorised by the authority in this behalfit also provides that any member, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the authority, he shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the authority, and the member shall not take part in any deliberation or decision of the authority with respect to that matterclause 19—this clause enumerates the circumstances under which the acts or proceedings of the authority shall not be invalidated it provides that no act or proceeding of the authority shall be invalid merely by reason of, any vacancy in, or any defect in the constitution of, the authority; any defect in the appointment of a person as a member of the authority; or any irregularity in the procedure of the authority not affecting the merits of the caseclause 20—this clause makes provision for appointment of officers and other employees of authority it provides for the appointment of a chief executive officer of the authority by the central government, who shall act as the member-secretary of the authority it also provides for determining the number, nature and categories of other officers and employees required to the authority in the discharge of its functionsit also provides for the determination of the salaries and allowances and the other terms and conditions of service of, the chief executive officer and other officers and other employees of the authority lay regulation with the approval of the central governmentclause 21—this clause lays down functions of the chief executive officer the functions of the chief executive officer, who shall be the legal representative of the authority, inter alia, shall be the day-to-day administration and implementing the work programmes and decisions adopted by the authority; drawing up of proposal for the authority's work programmes; the preparation of the statement of revenue and expenditure and the execution of the budget of the authority; submitting, every year a general report covering all the activities of the authority in the previous year and programmes of work; and the annual accounts for the previous year and the budget for the coming yearit further lays down that the chief executive officer shall have administrative control over the officers and other employees of the authorityclause 22—this clause makes provision for transfer of assets, liabilities of the authority it provides that on and from the establishment of the authority, all the assets and liabilities of the unique identification authority of india, established vide notification of the government of india in the planning commission number a-43011/02/2009-admini, dated the 28th january, 2009, shall stand transferred to and vested in the authority to be established under the proposed legislationit further provides that all data and information collected during enrolment, all details of authentication performed, debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for such unique identification authority of india for or in connection with the purpose of the said unique identification authority of india, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the authority and all sums of money due shall be deemed to be due to the authority and all suits and other legal proceedings instituted or which could have been instituted by or against such unique identification authority of india may be continued or may be instituted by or against the authorityclause 23— this clause lays down the powers and functions of authority it provides that the authority shall develop the policy, procedure and systems for issuing aadhaar numbers to residents and perform authentication thereof under this act if further specifies the powers and functions of the authority which, inter alia, include; specifying, by regulation, demographic information and biometric information for enrolment for an aadhaar number and the processes for collection and verification thereof; collecting demographic information and biometric information from any individual seeking an aadhaar number in such manner as may be specified by regulations; appointing of one or more entities to operate the central identities data repository; generating and assigning aadhaar numbers to individuals; performing authentication of the aadhaar numbers; maintaining and updating the information of individuals in the central identities data repository in such manner as may be specified by regulations; specify the usage and applicability of the aadhaar number for delivery of various benefits and services as may be provided by regulations; specifying, by regulation, the terms and conditions for appointment of registrars, enrolling agencies and service providers and revocation of appointments thereof; establishing, operating and maintaining of the central identities data repository; calling for information and records, conducting inspections, inquiries and audit of the operations for the purposes of the proposed legislation of the central identities data repository, registrars, enrolling agencies and other agencies appointed under this act; specifying, by regulation, the conditions and procedures for issuance of new aadhaar number to existing aadhaar number holder; levy and collect the fees or authorise the registrars, enrolling agencies or other service providers to collect such fees for the services provided by them under the proposed legislation in such manner as may be specified by regulationsit also empowers the authority to enter into a memorandum of understanding or agreement, as the case may be, with the central government or state governments or union territories or other agencies for the purpose of performing any of the functions in relation to collecting, storing, securing or processing of information or performing authentication; and appoint by notification, such number of registrars, engage and authorise such agencies to collect, store, secure, process information or do authentication or perform such other functions in relation thereto, as may be necessary for the purposes of the proposed legislation or to engage such consultants, advisors and other persons as may be required for efficient discharge of its functions under this act on such allowances or remuneration and terms and conditions as may be specified by regulationsclause 24—this clause makes provision for grants by the central government it provides that after due appropriation made by parliament by law the central government may make grants of such sums of money as it may think fit to the authority for being utilised for the purposes of the proposed legislationclause 25—this clause provides for other fees and revenue it provides that fees or revenue collected by the authority shall be credited to the consolidated fund of india and entire amount so credited shall be transferred to the authorityclause 26—this clause makes provision for accounts and audit it provides that the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of indiait further provides that the accounts of the authority shall be audited annually by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-generalit also provides that the accounts of the authority, as certified by the comptroller and auditor-general or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the authority and the central government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliamentclause 27—this clause provides for returns and annual report, etc it provides that the authority shall furnish to the central government at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and particulars in regard to any matter under the jurisdiction of the authority, as the central government may from time to time requireit further provides that the authority shall prepare, once in every year, and in such form and manner and at such time as may be prescribed, an annual report giving a description of all the activities of the authority for the previous years; the annual accounts for the previous year; and the programmes of work for coming year a copy of such report shall be laid by the central government before each house of parliamentclause 28— this clause provides for the review committee it provides that the central government may, by notification, constitute the identity review committee, consisting of three members (one of whom shall be the chairperson as such designated by the central government) who are persons of eminence, ability, integrity and standing in public life having knowledge and experience in the fields of technology, law, administration and governance, social service, journalism, management or social sciences, to discharge functions specified under sub-clause (1) of clause 29 in respect of any matter connected with the usage of the aadhaar numbersit further provides that the members of the review committee shall be appointed by the central government on the recommendations of a committee consisting of the prime minister, who shall be the chairperson of the committee; the leader of opposition in the lok sabha; and a union cabinet minister to be nominated by the prime ministerit also provides that the member of the review committee shall not be a member of parliament or member of the legislature of any state or union territory, as the case may be, or a member of any political party a member of the review committee shall hold office for a term of three years from the date on which they enter upon office and shall not be eligible for reappointment and may be removed by the central government on the grounds specified under sub-clause (6)clause 29—this clause makes provision for functions of the review committee it provides that the review committee shall ascertain the extent and pattern of usage of the aadhaar numbers across the country and prepare a report annually in relation to the extent and pattern of usage of the aadhaar numbers along with its recommendations thereon and submit the same to the central government this clause further empowers the review committee to determine the manner of preparation of the report it also provides that a copy of the report along with the recommendations of the review committee shall be laid by the central government, as soon as may be after it is received, before each house of parliamentclause 30—this clause provides for security and confidentiality of information it provides that the authority shall ensure the security and confidentiality of identity information and authentication records of individuals and take measures (including security safeguards) to ensure that the information in the possession or control of the authority (including information stored in the central identities data repository) is secured and protected against any loss or unauthorised access or use or unauthorised disclosure theretoit further provides that notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in the proposed legislation, the authority or any of its officer or other employee or any agency who maintains the central identities data repository shall not reveal any information stored in the central identities data repository to any person but an aadhaar number holder may request the authority to provide access to his identity information in such manner as may be specified by regulationsclause 31—this clause makes provision relating to alteration of demographic information or biometric information it provides that in case any demographic information relating to an aadhaar number holder is found incorrect or it changes subsequently, and in case any biometric information of aadhaar number holder is lost or changes subsequently for any reason, then the aadhaar number holder shall request the authority to alter such demographic information or biometric information in his record in the central identities data repository in such manner as may be specified by regulationsit further provides that on receipt of any request for alteration of demographic information or biometric information, the authority may, if it is satisfied, make such alteration as may be required in the record relating to such aadhaar number holder and intimate such alteration to the concerned aadhaar number holderclause 32—this clause makes provision for access to own information and records of requests for authentication it provides that the authority shall maintain details of every request for authentication of the identity of every aadhaar number holder and the response provided thereon by it in such manner and for such time as may be specified by regulations it further provides that every aadhaar number holder shall be entitled to obtain details of request for authentication of his aadhaar number and the response provided thereon by the authority in such manner as may be specified by regulationsclause 33—this clause provides for disclosure of information in certain cases it provides that provisions of sub-clause (3) of clause 30 which impose restrictions on providing information shall not apply in respect of any disclosure of information (including identity information or details of authentication) made pursuant to an order of a competent court; or any disclosure of information (including identity information) made in the interests of national security in pursuance of a direction to that effect issued by an officer or officers not below the rank of joint secretary or equivalent in the central government specifically authorised in this behalf by an order of the central governmentclause 34—this clause provides for penalty for impersonation at time of enrolment it provides that whoever impersonates or attempts to impersonate another person, whether dead or alive, real or imaginary, by providing any false demographic information or biometric information shall be punishable with imprisonment for a term which may extend to three years and with a fine which may extend to ten thousand rupeesclause 35—this clause provides for penalty for impersonation of aadhaar number holder by changing demographic information or biometric information it provides that whoever, with the intention of causing harm or mischief to a aadhaar number holder, or with the intention of appropriating the identity of a aadhaar number holder changes or attempts to change any demographic information or biometric information of a aadhaar number holder by impersonating or attempting to impersonate another person, dead or alive, real or imaginary, shall be punishable with imprisonment for a term which may extend to three years and shall be liable to a fine which may extend to ten thousand rupeesclause 36—this clause provides for penalty for impersonation it provides that whoever, not being authorised to collect identity information under the provisions of this act, by words, conduct or demeanour pretends that he is authorised to do so, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with bothclause 37—this clause provides for penalty for disclosing identity information it provides that whoever, intentionally discloses, transmits, copies or otherwise disseminates any identity information collected in the course of enrolment or authentication to any person not authorised under this act shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with bothclause 38— this clause provides for penalty for unauthorised access to the central identities data repository it provides that whoever, not being authorised by the authority, intentionally, (a) accesses or secures access to the central identities data repository or (b) downloads, copies or extracts any data from the central identities data repository; or stored in any removable medium; or (c) introduces or causes to be introduced any virus or other computer contaminant; in the central identities data repository; or (d) damages or causes to be damaged the data in the central identities data repository; (e) disrupts or causes disruption of the access to the central identities data repository; or (f) denies or causes a denial of access to any person who is authorised to access the central identities data repository; or (g) provides any assistance to any person to do any of the acts aforementioned; (h) destroys, deletes or alters any information stored in any removable storage media or in the central identities data repository or diminishes its value or utility or effects it injuriously by any means; (i) steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used by the authority with an intention to cause damage, shall be punishable with imprisonment for a term which may extend to three years and shall be liable to a fine which shall not be less than one crore rupeesit further defines the expressions "computer contaminant", "computer virus" and"damage" to have the same meanings for the purposes of this clause as are respectively assigned to them in the explanation to section 43 of the information technology act, 2000clause 39—this clause provides for penalty for tampering with data in central identities data repository it provides that whoever, not being authorised by the authority, uses or tampers with the data in the central identities data repository or in any removable storage medium with the intent of modifying information relating to aadhaar number holder or discovering any information thereof shall be punishable with imprisonment for a term which may extend to three years and shall be liable to a fine which may extend to ten thousand rupeesclause 40— this clause provides for penalty for manipulating biometric informationit provides that whoever gives or attempts to give any biometric information which does not pertain to him for the purpose of getting an aadhaar number or authentication or updating his information, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or with bothclause 41— this clause provides for general penalty it provides that whoever, commits an offence under the proposed legislation for which no penalty is provided elsewhere than in this clause, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to twenty-five thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with bothclause 42— this clause deals with the offences by companies it provides that where an offence under the proposed legislation has been committed by a company then every person who at the time when the alleged 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 accordinglyit further provides that if any such person proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence, then he shall not be liable for the said punishmentit also provides that where any offence under the proposed legislation has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyclause 43— this clause makes provision for application of the proposed legislation in relation to offence or contravention committed outside india it provides that the provisions of the proposed legislation shall apply also to any offence or contravention committed outside india by any person, irrespective of his nationality, if the act or conduct constituting the offence or contravention involves the central identities data repositoryclause 44— this clause provides for power to investigate offences it provides that notwithstanding anything contained in the code of criminal procedure, 1973, a police officer not below the rank of inspector of police shall investigate any offence under the proposed legislationclause 45— this clause relates to penalties not to interfere with other punishments it provides that no penalty imposed under the proposed legislation shall prevent the imposition of any other penalty or punishment under any other law for the time being in forceclause 46— this clause provides for cognizance of offences it provides that any court shall not take cognizance of any offence punishable under the proposed legislation, save on a complaint made by the authority or any officer or person authorised by itit further provides that any court inferior to that of a chief metropolitan magistrate or a chief judicial magistrate shall not try any offence punishable under the proposed legislationclause 47— this clause empowers the central government to supersede authority it provides that the central government may after satisfying on the grounds mentioned under this clause supersede the authority by issuing a notification for such period not exceeding six months and appoint a person or persons as the president may direct to exercise powers and discharge functions under the proposed legislationit further provides that before issuing any such notification, the central government shall give a reasonable opportunity to the authority to make representations against the proposed supersession and shall consider the representations, if any, of the authorityit also provides that upon the publication of a notification superseding the authority,(a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority shall, until the authority is reconstituted be exercised and discharged by the person or persons referred to in sub-clause (1); and (c) all properties owned or controlled by the authority shall, until the authority is reconstituted under sub-section (3), vest in the central governmentit also provides that the central government shall reconstitute the authority, before the expiration of the period of supersession, by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office due to supersession of the authority shall not be deemed to be disqualified for reappointmentit also provides that the central government shall cause a copy of the notification and a full report of any action taken under this clause and the circumstances leading to such action to be laid before each house of parliament at the earliestclause 48— this clause provides that members, officers, etc, to be public servantsit providers that the chairperson, members, officers and other employees of the authority shall be deemed, while acting or purporting to act in pursuance of any of the provisions of the proposed legislation, to be public servants within the meaning of section 21 of the indian penal codeclause 49—this clause empowers the central government to issue directions it provides that without prejudice to the foregoing provisions of the proposed legislation, the authority shall, in exercise of its powers or the performance of its functions, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the central government may give, in writing to it, from time to timeit further provides that the authority shall, as for as practicable, be given an opportunity to express its views before any direction is given under this clause it also provides that the decision of the central government, whether a question is one of policy or not, shall be finalclause 50— this clause provides for delegation it provides that the authority may, by general or special order in writing, delegate to any member, officer of the authority or any other person, subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this act (except the power under clause 53 relating to making of regulations) as it may deem necessaryclause 51— this clause provides for protection of action taken in good faith it provides that any suit, prosecution or other legal proceeding shall not lie against the central government or the authority or the chairperson or any member or any officer, or other employees of the authority for anything which is in good faith done or intended to be done under the proposed legislation or the rules or regulations made thereunderclause 52— this clause empowers the central government to make rules it provides that the central government may, by notification, make rules to carry out the provisions of the proposed legislation it further specifies the matters in respect of which such rules may be madeclause 53— this clause empowers the authority to make regulations it provides that the authority may, by notification, make regulations for carrying out the provisions of the proposed legislation consistent with the proposed legislation and the rules made thereunder it further specifies the matters in respect of which such regulations may be madeclause 54— this clause provides for laying of rules and regulations before parliament it provides that every rule and every regulation made under the proposed legislation shall be laid, as soon as may be after it is made, before each house of parliamentclause 55— this clause provides that the provisions of the proposed legislation shall be in addition to, and not in derogation of, any other law for the time being in forceclause 56— this clause makes provision for removal of difficulties it provides that if any difficulty arises in giving effect to the provisions of the proposed legislation then the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of the proposed legislation as may appear to be necessary for removing the difficultyit further provides that any such order for removal of difficulty shall be made under this section within a period of two years from the commencement of the proposed legislationit also provides that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliamentclause 57— this clause provides for savings it provides that anything done or any action taken by the central government under the resolution of the government of india, planning commission bearing notification number a-43011/02/2009-admini, dated the 28th january, 2009, shall be deemed to have been done or taken under the corresponding provisions of the proposed legislation financial memorandumclause 11 provides for establishment of the national identification authority of india which shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and sue or be sued with the head office in the national capital region and may establish its offices at other places in india clause 12 provides that authority shall consist of a chairperson and two part-time members subclause (5) of clause 14 makes provision for salaries and allowances payable to the chairperson and allowances or remuneration payable to part-time members sub-clause (3) of clause 20 makes provision for salaries and allowances payable to the chief executive officer and other officers and other employees of the authority2 item (j) of sub-clause (2) of clause 23 provides for establishment, operation and maintenance of the central identity data repository3 clause 24 provides that the central government may after due appropriation made by parliament by law in this behalf, make to the authority, grants of such sums of money as the central government may think fit for being utilised for the purposes of the proposed legislation4 clause 25 of the bill provides that the fees or revenue collected by the authority shall be credited to the consolidated fund of india and the entire amount so credited will be transferred to the authority5 it is estimated that there would be an expenditure of approximately rs 302301 crore in phase two of the scheme out of this, an amount of rs 47711 crore would be towards recurring establishment expenditure and rs 2,54590 crore would be towards non-recurring project related expenditure the estimated cost for the first phase of the scheme was rs 14731 crore towards the setting up necessary infrastructure for offices at headquarters and regional headquarters, creating testing facilities for running the pilots and proof of concept studies, initital work of creating standards in various areas of operations, and setting up of a project management unit and hiring of consultants6 the bill does not envisage any other expenditure of recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (1) of clause 52 of the bill empowers the central government to make, by notification, rules to carry out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include: (a) the form and manner in which and the authority before whom the oath of office and of secrecy is to be subscribed by the chairperson and members under sub-clause (2) of clause 14; (b) the salary and allowances payable to, and other terms and conditions of service of, the chairperson and the allowances or remuneration payable to members of the authority under sub-clause (5) of clause 14; (c) the other powers and functions of the chairperson of the authority under clause 17; (d) the other powers and functions of the authority under item(t) of sub-clause (2) of clause 23; (e) the form of annual statement of accounts to be prepared by authority under sub-clause (1) of clause 26; (f) the form and the manner in which and the time within which returns and statements and particulars are to be furnished under sub-clause (1) of clause 27; (g) the form and the manner and the time at which the authority shall furnish annual report under sub- clause (2) of clause 27; (h) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules2 sub-clause (1) of clause 53 of the bill empowers the national identification authority of india to make, by notification, regulations to carry out the provisions of the proposed legislation consistent with the provisions of the proposed legislation and the rules made thereunder sub-clause (2) specifies the matters in respect of which such regulations may be made these matters, inter alia, include: (i) the biometric information under sub-clause (e); the demographic information under sub-clause (h); the process of collecting demographic information and biometric information from the individuals by enrolling agencies under subclause (j) of clause 2; (ii) the manner of furnishing the demographic information and biometric information by the resident under sub-clause (1) of clause 3; and the manner of verifying the demographic information and biometric information for issue of aadhaar number under subclause (2) of clause 3; (iii) the procedure for authentication of the aadhaar number under subclause (1) of clause 5; (iv) the other functions to be performed by central identities data repository under clause 7; (v) the manner of updating biometric information and demographic information under clause 8; (vi) the other categories of individuals under clause 10 for whom the authority shall take special measures for allotment of aadhaar number; (vii) the time and places of meetings of the authority and the procedure for transaction of business to be followed by it (including the quorum) under sub-clause (1) of clause 18; (viii) the salary and allowances payable to, and other terms and conditions of service of, the chief executive officer, officers and other employees of the authority under sub-clause (3) of clause 20; (ix) various matters specified under clause 23; (x) the manner of accessing the identity information by the aadhaar number holder under sub-clause (3) of clause 30; (xi) the manner of alteration of demographic information under sub-clause (1) and biometric information under sub-clause (2) of clause 31; (xii) the manner of and the time for maintaining the request for authentication and the response thereon under sub-section (1) and the manner of obtaining, by the aadhaar number holder, the records of request for authentication and response thereon under sub-clause (2) of clause 32 (xiii) any other matter which is required to be, or may be, specified, or in respect of which provision is to be or may be made by regulations3 clause 54 provides that every rule and every regulation made under the proposed legislation shall be laid, as soon as may be after it is made, before each house of parliament4 the matters in respect of which rules and regulations may be made are matter of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is therefore of a normal character———— a billto provide for the establishment of the national identification authority of india for the purpose of issuing identification numbers to individuals residing in india and to certain other classes of individuals and manner of authentication of such individuals to facilitate access to benefits and services to such individuals to which they are entitled and for matter connected therewith or incidental thereto————parliamentary affairs)

Parliament_bills

3b9b0019-408e-5242-8d57-4ba10cb2b2f3

bill no 16 of 2021 the arbitration and conciliation (amendment) bill, 2021 a billfurther to amend the arbitration and conciliation act, 1996be it enacted by parliament in the seventy-second year of the republic of india as follows––1 (1) this act may be called the arbitration and conciliation (amendment) act, 2021short title and commencement(2) save as otherwise provided in this act, it shall be deemed to have come into force on the 4th day of november, 20202 in the arbitration and conciliation act, 1996 (hereinafter referred to as the principal act), in section 36, in sub-section (3), after the proviso, the following shall be inserted and shall be deemed to have been inserted with effect from the 23rd day of october, 2015, namely:––(a) the arbitration agreement or contract which is the basis of the award; or (b) the making of the award,was induced or effected by fraud or corruption, it shall stay the award unconditionally pending disposal of the challenge under section 34 to the award53 of 2016explanation––for the removal of doubts, it is hereby clarified that the above proviso shall apply to all court cases arising out of or in relation to arbitral proceedings, irrespective of whether the arbitral or court proceedings were commenced prior to or after the commencement of the arbitration and conciliation (amendment) act, 2015"3 for section 43j of the principal act, the following section shall be substituted, namely:––substitution of new section for section 43j10"43j the qualifications, experience and norms for accreditation of arbitrators shall be such as may be specified by the regulations"norms for accreditation of arbitrators4 the eighth schedule to the principal act shall be omittedomission of eighth schedulerepeal and savingsord 14 of 20205 (1) the arbitration and conciliation (amendment) ordinance, 2020 is hereby repealed15(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 statement of objects and reasonsthe arbitration and conciliation act, 1996 (the act) was enacted with a view to consolidate and amend the law relating to domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards and the law relating to conciliation2 the act was amended by the arbitration and conciliation (amendment) act, 2015(2015 act), inter alia, to make arbitration process user friendly, cost effective and ensure speedy disposal and neutrality of arbitrators3 subsequently, to address the practical difficulties arising in implementing the amendments carried out through 2015 act, and to promote institutional arbitration in the country, the act was again amended by the arbitration and conciliation (amendment) act, 20194 in order to address the issue of corrupt practices in securing contracts or arbitral awards, a need was felt to ensure that all the stakeholder parties get an opportunity to seek unconditional stay of enforcement of arbitral awards, where the underlying arbitration agreement or contract or making of the arbitral award is induced by fraud or corruption also to promote india as a hub of international commercial arbitration by attracting eminent arbitrators to the country, it was also felt necessary to omit the eighth schedule of the act5 in the light of above circumstances, it has become necessary further to amend the arbitration and conciliation act, 1996 however, as parliament was not in session and immediate steps were required to make further amendments in the act, the arbitration and conciliation (amendment) ordinance, 2020 (ord 14 of 2020) was promulgated by the president on 4th november, 2020 under clause (1) of article 123 of the constitution6 the arbitration and conciliation (amendment) bill, 2021which seeks to replace the aforesaid ordinance, inter alia, provides for the following, namely:—(i) to grant unconditional stay of enforcement of arbitral awards, where the underlying arbitration agreement, contracts or arbitral award is induced by fraud or corruption;(ii) to omit eighth schedule of the act which laid down the qualifications, experience and norms for accreditation of arbitrators; and(iii) to specify by regulations the qualifications, experience and norms for accreditation of arbitrators and the said amendment is consequential in nature 7 the bill seeks to replace the aforesaid ordinancenew delhi;ravi shankar prasadthe 29th january, 2021 memorandum regarding delegated legislationclause 3 of the bill proposes to substitute section 43j in the arbitration and conciliation act, 19962 the proposed section 43j provides that the arbitration council of india may by regulations specify the qualifications, experience and norms for accreditation of arbitrators3 the matters in respect of which the regulations may be made are matters of procedure and administrative details and it is not practical to provide for them in the bill itself the delegation of legislative power is therefore, of a normal character annexure extracts from the arbitration and conciliation act, 1996 (26 of 1996) chapter viii finality and enforcement of arbitral awards| 35 ||------------------|| finality of || arbitral awards |enforcement5 of 190836 (1) where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the provisions of the code of civil procedure, 1908, in the same manner as if it were a decree of the court (2) where an application to set aside the arbitral award has been filed in the court under section 34, the filing of such an application shall not by itself render that award unenforceable, unless the court grants an order of stay of the operation of the said arbitral award in accordance with the provisions of sub-section (3), on a separate application made for that purpose (3) upon filing of an application under sub-section (2) for stay of the operation of the arbitral award, the court may, subject to such conditions as it may deem fit, grant stay of the operation of such award for reasons to be recorded in writing: provided that the court shall, while considering the application for grant of stay in the case of an arbitral award for payment of money, have due regard to the provisions for grant of stay of a money decree under the provisions of the code of civil procedure, 19085 of 1908| | | | | ||------|------|------|------|-----|norms for accreditation43j the qualifications, experience and norms for accreditation of arbitrators shall be such as specified in the eighth schedule:provided that the central government may, after consultation with the council, by notification in the official gazette, amend the eighth schedule and thereupon, the eighth schedule shall be deemed to have been amended accordingly the eighth schedule qualifications and experience of arbitratora person shall not be qualified to be an arbitrator unless he—25 of 1961(i) is an advocate within the meaning of the advocates act, 1961 having tenyears of practice experience as an advocate; or38 of 1949(ii) is a chartered accountant within the meaning of the chartered accountantsact, 1949 having ten years of practice experience as a chartered accountant; or23 of 1959(iii) is a cost accountant within the meaning of the cost and works accountants act, 1959 having ten years of practice experience as a cost accountant; or56 of 1980(iv) is a company secretary within the meaning of the company secretaries act, 1980 having ten years of practice experience as a company secretary; or(v) has been an officer of the indian legal service; or (vi) has been an officer with law degree having ten years of experience in the legal matters in the government, autonomous body, public sector undertaking or at a senior level managerial position in private sector; or(vii) has been an officer with engineering degree having ten years of experience as an engineer in the government, autonomous body, public sector undertaking or at a senior level managerial position in private sector or self-employed; or(viii) has been an officer having senior level experience of administration in the central government or state government or having experience of senior level management of a public sector undertaking or a government company or a private company of repute; or(ix) is a person, in any other case, having educational qualification at degree level with ten years of experience in scientific or technical stream in the fields of telecom, information technology, intellectual property rights or other specialised areas in the government, autonomous body, public sector undertaking or a senior level managerial position in a private sector, as the case may be general norms applicable to arbitrator(i) the arbitrator shall be a person of general reputation of fairness, integrity and capable to apply objectivity in arriving at settlement of disputes;(ii) the arbitrator must be impartial and neutral and avoid entering into any financial business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias amongst the parties;(iii) the arbitrator should not involve in any legal proceeding and avoid any potential conflict connected with any dispute to be arbitrated by him;(iv) the arbitrator should not have been convicted of an offence involving moral turpitude or economic offence;(v) the arbitrator shall be conversant with the constitution of india, principles of natural justice, equity, common and customary laws, commercial laws, labour laws, law of torts, making and enforcing the arbitral awards;(vi) the arbitrator should possess robust understanding of the domestic and international legal system on arbitration and international best practices in regard thereto;(vii) the arbitrator should be able to understand key elements of contractual obligations in civil and commercial disputes and be able to apply legal principles to a situation under dispute and also to apply judicial decisions on a given matter relating to arbitration; and(viii) the arbitrator should be capable of suggesting, recommending or writing a reasoned and enforceable arbitral award in any dispute which comes before him for adjudication lok sabha———— a billfurther to amend the arbitration and conciliation act, 1996————(shri ravi shankar prasad, minister of law and justice)mgipmrnd—1264ls(s3)—01-02-2021

Parliament_bills

34d250f9-fbbe-5e61-b13b-c43262d7e846

~k sbha(l) rr 3ui:~ d 1'1 to 'ile bihlr apfrlch-kltion (votu on lc(;ount) bill, 1980 [""t0-ey-as tntroduced in lok sabhaj 1 f age 1, line 3,-~fter "the" insert "bihar" 2 fage 2, line 36,-against gran t/ appropriation no11, in column 3 under the sub-head "total ",-for 1l2, 47,00, 100 11 read "2,47,00,000 ii nl!:}/ delli i ; bill no 58 of 1980 the bihar appropriation (vote on account) bill, 1980 a bill to provide for the with:drawal of certain sums from and out of the con- solidated fund uj the state of bihar for the services uf a part of the jmgincial year 1980-81 be it enacted by parliament in the thirty-first year of the republic of india as follows:-short title 1 this act may be called the appropriation (vote on account) act, 1980 s z from and out of the consolidated fund of the state of bihar there may be withdrawn sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of four hundred and four crores, twenty-four lakhs, eighty-seven thousand, six hundred and sixty-two rupees towards defraying the several charges which will come 10 in course of payment during the financial year 1980-81 withdra-walof re 4,04,24, 87, 882 tromand out of the consoli_ datd fund 01 the state of bihar for the financial year 198()81 3 the sums authorised to be withdrawn from and out of the con- appro-8011dated fund of the state of bihar by this act shall be appropriated priation for the services and purposes expressed in the schedule in relation to the aid year, _\_3 __s grant/ sums not exceeding appro-~ services and purposes uon no !o 1 state legislature voted by parliament -rs 6837,500 ri 68,90boo charged on \ the consolidated fund total --------~·1-----------------ri 53,300 , 10 2 governor and public service commillllion 1414,733 1414733 3 council of ministers ; election, secretariat and district adminis-i tration 8,51,12966 8,51•12,g66 is administration oriustice and other social and community services 2,01,49,266 u43400 236,91666 20 5 land revenue and relief on accowlt of natural calamities 12,81,03,000 hi81,03,ooo ; i ]2,000 6 tax~, pension and printing 7,gs,87,966 7,99,19,g66 63,00,000 6300000 7 state excise duty - ~ ;' ~ 25 8 toea on vsic1f'11 and road and water transport services 83,83,333 83,83,333 ,-- 9 public debt and payment of interest 7429,85026 7439,85026 30 "--20,78,4,2,100 10 police, fire protection and control and other adminiltrative services !io7',42,loo ta,f1,oo,i4io ii jails 2+7,00,000 112 public worb, housing and civil aviation 16,96,61,833 16,97,45,166 81,33j 35 13 education and art and culture 63,29,80,066 6329,80066 14 health and welfare family 17,93,65,966 17,93asm6 ~ 40 15 public health, sanitation and watft supply and urban deyelopmen t 14,8+0812,040 ~"~,i\o,, - 1+084,82040 45 16 information and publicity and tourism 48,91,666 ~ " , , 4891,666 aceedi - otal t i i !j \ 3 -grantl i sudii not ~ services and purpoeea pnatlod voted by cbarjed an no parliament the comou-ri j 1541 333 i ~,t , , ~t~~,_ -r ri 17 labour ,nd employ-' ment 1,54014,333 , : i i 843,1 !z,!z33 18 social ~curity and i weir are ' i 8,43,111,1233 10 638,00 '9 co-operation 6,3800,173 20 agriculture anda:timal 1i4tb 46,700 \ hulban<!ry : !j4,4846,700 i , iii minor irrigation 7,2680,666 ,666 633 1111 dairy development 36,93,633 7,116,80 -o4ii ;36,93 r 55,97 ,666 20 113 fisheri~ 55·97,666 ;~ 3,713 7,333 :24 forert 371,37333 93~ 25 community dmlelop--ment i 1,29,35,933 ,166 '7:2935 5,68,:23 568~3,166 666 4651 117 mines and minerals 4651,666 :26 industries i ,666 812,97,85 :2b irrigation and electri-i cit , 8!z,97,8 666 y total ----- ~----- ---- :----- statement of objects and reasonsthis bill is introduced in qufsuance of articles 204 (1) and 206 of the constitution read with the proclamation issued under article 356 of the constitution in respect of the state of bihar on the 17th february, 1980 to provide for the appropriation out of the consolidated fund of the state of bihar of, the moneys required to meet the expenditure charged on the consolidated fund of the state of bihar and the grants made in advance by the lok sabha in respect of the estimated expenditure of the government of, bihar, for a part of the financial year 1980-81 r venkataraman president's recommendation under article 207 of the constitution of india[copy of letter no f2(31)-b(s)ibo dated the 12th march, 1980 from shri r venkataraman, finance minister to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed bill to provide for withdrawal of certain sums from and out of the consolidated fund o~ the state of bihar for the services of a part of the financial year 1980-81, recommends under clauses (1) and (3) of article 207, of the constitution of india, read with clause (2) of article 206 thereof and the proclamation dated the 17th february, 1980, issued under article 356 of the constitution, the introduction of the bihar appropriati'on (vote on account) bill, 1980, in and the consideration of the bill by the lok sabha 2 the bill will be introduced immediately after the demands for grants 'on account' for expenditure oj! the government of bihar for a qart of the financial year 1980-81, have been voted a billto provide for the withdrawal of certain sums from and out of the consolidated fund of the state of bihar for the services of a part of the financial year 11180-81 ! (shrt r vmkataramaft miftibter of fiftc1ftee)

Parliament_bills

2cabc8aa-33f0-5ee1-b183-4a4ee69b5fbb

the wealth-tax (amendment) bill 1964' a billfurther to amend the wealth-tax act, 1957 be it enacted by parliament in the fifteenth year of the repuh'lic of india as follows:-1 (1) this act may be called the wealth-tax (amendment) act, short title 1964 and com menee-s (2) it shall come into force on such date as the central govem- ment ment may, by notification in the offi':!ial gazette, appoint z in section 2 of the wealth-tax act, 1957 (hereinafter referred amendto as the principal act) ,-meut of leetion 2-(a) for clauses (b), (e) and (d), the following clauses shall 10 be substituted, namely:-- (b) "appellate tribunal" mesjl,s the appellate tribunal constituted under section 252 of the income-tax act; (c) "assessee" means a person by whom wealth-tax or any other sum of money is payable under this act, and in-is eludes-(i) every person in respect of whom any proceeding under this act has been taken for the determination of wealth-tax payable by him or by any other person ar the amount of refund due to him or such other person; ~o (it) ·every person who is deemed to be an assessee under this act; 928 (8) ls-l (iii) every person who is deemed to be an -ee in default unde:r this act: (ca) "assessment" includes re-assessment; (d) "assessment year" means the period of twelve months commencing on the 1st day of april every year;"; s (b) in clause (e) ,-(i) in sub-clause (ii) for the words "or occupied", the words "and occupied" shall be substituted: (ti) in sub-clause (v), the worda "from the date the interest vests in the assessee" shall be inaerted at the end; 10 (c) after clause (h) the followinj¥ clauae shall b idnrted, namety:-- (ha) "director of inspection" includes an additlonal director of inspection a deputy director of inspection and an assistant director of inspection;'; is (d) for clause (j), the following clause shall be substituted, namely:-- (j) "income-tax act" means the income-tax act, 1961 ;'; 41 of 1961 (e) after dause (l), the following clauses shall be inserted, ~ely:--ao '(14) "inspector of wealth-tax" means an inspector of income-tax empowered to work as an inspector of wealthtax under section lla;'; , (lb) "legal representative" has the meaning assigned to it in clause (11) of section 2 of the code of civil proeedure, 25 ~ of 1908 1908;'; (f) id' c1aue (m), in sub-clause (u) folf the warda "any uset in respect of which wealth-tax is not payable", the words "ady property m retpeet of whieh wealth-tbis aot chargeable" shall be substituted; 30 (g) after clause (0), the following clauses shall be inierted namer,:-- (~) "public servam" haa the i8id8 iii ••• , a in sec-40 of 1860 tioa 21 of the indian pe:aal code; cob) "regular 1888881ledt" m the aueament made 35 under section 16;'; (h) idclause (q),-(i) for the words, brackets and figures uclause (11) of aec:tion2", the word and ftpre "section s" shall be subsu-·tutecl; (ii) for the proviso, the following proviso shall be iubstituted, namely:-"provided that-to (i) where in the case of an assessee there are cw!erent previous yeara under the income-tax act for difterent sources of income, the valuation date for the purposes of this act shall be the last day of the last of the previous years aforesafd; r5 (ii) in the case of a person who is not an asses- see within the meaning of the income-tax act, the valuation date far the purposes of this act shall be the 31st 'day of march immediately preceding the aii8iidlei1t year; (iii) where an assessment is made in pursuance of section 19a, the valuation date shall be the same valuation date as would have beea aciqpted in respect of the net wealth of the deceased if he were alive"; ti) in clause (a) for the word and tilw'e uiec:tion 8", the words·· "thia mt" aball be substituted 3in section 3 of the principal act, for the worda ufidancialyear", amend-2s the words "assessment year" shan be substituted mentcii sections t in section 4 of the principal act,-amend-(0) in sub-8ection (1), for the words beginning with "in me:: ~ computing the net wealth of an iddividual" add ending with "for sec the benefit of the individual, or his wife or midor child, or", the following shall be substituted, namely:-"in computing the net wealth of an individual, there shall be included as belonging to that individuei-(a) the value of assets which on the valuation date are held-(i) by the spouse of such individual to whom such assets have been transferred by the individual, directly or 1ndtreetly, otherwise than for adequate conaideration or in connection with an agreement to live apart, 01' (ii) by a minor child, not being a married daughter, of such individual, to whom such assets have been transferred by the individual, directly or indirectly, otherwise than for adequate consideration, or (iii) by a person or association of persons to whom such assets have been transferred by the individual otherwise than for adequate consideration for the immediate or deferred benefit of the individual, his or her spouse ar minor child (not being a 10 married daughter) or both, or"; (b) for the explanation, the following sub-section and ez planation shall be substituted, namely:-- (6) for the purposes of this act, the holder of ad lmpartible estate shall be deemed to be the individual owder is of all the properties comprised in the estate expzanation-for the purpoaes of this ection,-(a) the expression "transfer" includes any disposition, settlement, trust, covenant, agreement or arrangement, and ao (b) the expression "irrevocable transfer" includes a transfer of assets which, by the terms of the instrument effecting it, is not ll'evocab1e for a period exceeding six years or during the life-time of the transferee, and under which the transferor derives no direet 25 or indirect benefit, but does not include a transfer of assets if such instrument-(i) contains any provision for the re-transfer, directly or indirectly of the whole or any part of the assets or income therefrom to the transferor, or 30 (ii) in any way gives the transferor a right to re-assume power, directly or indirectly over the whole or any part of the assets or income therefrom' 5 in section 5 of the principal act,-3s~ j\medd mentof sectlodd (a) in sub-section (1), in clause (xvii) for the word, figures and letter "chapter lxa" the words, brackets and figures "clause (38) of section 2" shall be substitut~; (b) in sub-section (3),-(i) for the words, brackets and figures iiclauae (=) clause (xx) ", the words, brackets and figures liand clause (xix)" shah be substituted; (ii) in the proviso, for the words "financial yem", the _ words "assessment year" shall be substituted 6 in section 6 of the principal act, in clause (ii) , for the amendwords, brackets and figures "sub-section (3) of section 4", the word men:t of and figures "section 10" shall be substituted ' section 8, 7 in section 7 of the principal act,-amend-10 (a) in sub-section (1), for the words lithe value", the words ~ec~~~7 iisubject to any rules made in this behalf, the value" shall be substituted; is (b) in clause (a) of sub-section (2), for the words "the circumstances of the case may require;" the words "may be prescribed;" shall be substituted 20 8 in section 8 of the principal act, the following £:rplanation amendshall be inserted at the end namely:-ment of section "explanation-for the purposes of this section, the income- sa tax officer having jurisdiction in relation to a person who is not an assessee within the meaning of the income-tax act means the income-tax officer of the area in which that person resides" 2s 9 after section 8 of the principal act the following section shall insertion be inserted, namely: -of new section 8a '8a (1) notwithstanding anything contained in section 8, power to the commissioner may, after giving the assessee a reasonable transfer opportunity of being heard in the matter wherever it is possible cases to do so, and after recording his reasons for doing so, transfer any case from one wealth-tax officer subordinate to him to another also subordinate to him, and the board may similarly transfer any case from one wealth-tax oftlcer to another: provided that nothing in this sub-section shall be deemed to require any such opportunity to be given where the transfer is from one wealth-tax ofticer to another whose offtces are situated in the same city, locality or place (2) the transfer of a case under sub-section (1) may be made at any stage of the proceedings, and shall not render necessary the re-issue of any notice already issued by the wealth-tax ofrcer from whom the case is transferred explanation-in this section, the word "case", in relation to 5 any person whose name is specified in any order issued thereunder, meana all proceeding,; under this act in respect of any year which may be pending on the date of such order, or which may have been completed on or before such date, and includes also all proceedings under this act which may be commenced 10 after the date of such order in respect of any year' 10 after section 10 of the principal act, the following shall be inserted, namely:-section insertion of new section loa directors of inspection "loa (1) th::: board may empower 8s many peraons as it thinks fit to exercise under this act the functions of a director 15 of inspection (2) a director of inspection bail perform such functions of any other wealth-tax authority as may be assigned to him by the board" 11 for section 12 of the principal act, 6hall be substituted, namely:-the forowing eections 20 substitution of new sectionsfor section 12 inspector of wealthtax "ua a commissioner of wealth-tax may empower any inspector of income-tax within the meaning of the income-tax act to work as an inspector of wealth-tax under any wealthtax authority, and when he is so empowered, he shall perform 25 such functions in the execution of this act as are assigned to him by the said wealth-tax authority" 12 (1) inspecting assistant comrnisaioners shall be subordinate to the commissioner within whose jurisdietion they perform their functions and also to the director of inapectioil 30 control of wealthtaxauthorities (2) wealth-tax officers shall be subordinate to the commissioner and the inspecting assistant colnlnillio1'ter within whose jurisdiction they perform their functions and al80 to the ,director of lnipectipn 10 (3) inspectore of wealth-tax shall be subordinate! to the wealth-tax oftlcer or other wealth-tax authority under whom they are empowered to work and to any other wealth-tax authority to whom the said offtcer or other authority is subordinate explaniaion-for the purposes of subsection (1) "director of inspection" does not include a deputy director of inspection or an assistant director of inspection; and for the purposes of sub-seclion (2) of this· section and sub-section (2) of section 13, "director of inspection" does not include an aatttant director of inspection' 12 section 13 of the principal act shall be re-numbered as sub- amendsection (1) therecf and after sub-section (1) as so re-numbered, the m~t of 8 f 11· b h 11 b' rt d i seehoa 1 a owmg su -section s au e mse e , name y:-is "(2) every wealth-tax officer employed in the execution of thia act shall observe and follow such instructions as may be issued to him for his guidance by the director of inspection or by the commissioner or by the inspecting assistant commissioner within whose jurisdiction he perfonns his functions 30 13 after section 13 of the principal act, the following section insertion shall be inserted in chapter iii namely: -of new ~ection 13a, "13a the director of inspection, the commissioner of powers of wealth-tax and the inspecting assistant commissioner of director wealth-tax shall be competent to make any enquiry under this o~ lnspec-act, and for this purpose shail have all the powers that a t1~n, com- mlssloner wealth-tax officer has under this act in relation to the making and in&-of enquiries", pecting assistant commissioner to make enquiries 30 3s14 in section 14 of the principal act,-amendmental (a) for sub-6ection (1), the following sub-section shall be section 14 substituted, namely:-"(1) every person, jf his net wealth or the net wealth of any other person in respect of which he is assessable under this act on the valuation date wmi of such an amount as to render him liable to wealth-tax under this act, shall, before the 80th day of june of the corresponding assessment rear, furnish to the wealth-tax offtcer a return in the prescribed form and verified in the prescribed manner setting forth the net wealth as on that valuation date"; (b) in sub-section (2), for the words "the net wealth of any person is of such an amount as to render him liable to wealthtax under this act," the following shall be substituted, name1y:- s "any person is assessable under this act, whether in respect of his net wealth or the net wealth of any other person," 15 after section 15 of the principal act, the following section~ shall be inserted, namely:-insertion of new sections 15a to 15c "15a the return made under section 14 or section 15 shall 10 be signed and verifted-return "-3' whom to be signed (n) in the case of an individual, by the individual himself; where the individual is absent from india, by the individual concerned or by $orne person duly authorised by him in this beh£llf; where the individual is mentally incapa- is citated from attending to his affairs, by his guardian or any other person competent to act on his behalf; and where for any other reason it is impossible for the individual to sign, the return, by any person competent to act on his behalf; (b) in the case of a hindu undivided family, by the ao kana and, where the karta is absent from india ox: is mentally incapacita: ed from attending to his affairs, by any other adult member of such family; and (c) in the case of a company, by the principal officer thereof self usesament 15b (i) where a return has been furnished under section 14 or section 15 and the tax payable on the basis of that return exceeds five hundred rupees, the assessee shall pay the tax ao payable within thirty days of furnishing the return (2) after a provisional assessment under section 15c or 8 ,0 regular assessment under section 16 has been made, any amount paid under sub-section (i) shall be deemed to have been paid towards the provisional assessment or regular assessment, as the case may be (3) if any assessee fails to pay the tax or any part thereof in accordance with the provisions of sub-section (1), he shall, un- 35 less 8 provisional assessment under section 15c or a regular assessment under section 16 has been made before the expiry of thirty days referred to in that sub-section; be liable, by way of penalty, to pay such amount as the wealth-tax oftlcer may direct, so, however, that the amount of penalty does not exceed fifty per cent of the amount of such tax or part, as the case may be: s provided that before levying any such penalty, the assessee shall be given a reasonable opportunity of being heard 15c (1) the wealth-tax officer may, ateny time after the provision receipt of a return made under section 14 or section 15, proceed al assess· to make, in a summary manner, a provisional assessment of the ment 10 tax payable by the assessee, on the basis of his return and the accounts and documents, if any, accompanying it (2) after a regular assessment has been made, any amount paid towards the provisional assessment made under sub-section (1), shall be deemed to have been paid towards the regular is assessment; and where the amount paid towards the provisional assessment exceeds the amount payable under the regular assessment, the excess shall be refunded to the assessee ( 3) nothing done or suffered by reason or in consequence of any pl'ovisiona1 assessment made under this section shall 20 prejudice the determination, on the merits, of any issue which may arise in the course of the regular assessmellt (4) there shall be no right of appeal against a provisional assessment made un!ier sub-section (1) (5) for the removal of doubts, it is hereby declared that the 25 provisions of section 31 excepting sub-section (6) thereof, and section 32 shall apply in relation to any tax payable in pursuance of a provisional assessment made under this section as if it were a regular assessment under section 16" 18; in section 16 of the principal act,-(a) in sub-section (1)-amend mental section 16 (i) for the words and figures "seetion 14 is complete", the words and figures ,ca:ectton 14 or section 15 is correct and complete" shall be substituted; 3s (ii) for the words "and determine" the amount payable by him as wealth-tax", the words "and determine the amount of wealth-tax payable by' him or'the' amount refundable to him on the "basis of such return·' shan" be irub'stituted: 9a6(b)ls-z (b) insub-eection (3)-,(i) after the words "any apeclaed points", the words "and after taking into aecount all relevant material which the wealth-tax officer hae gathered" shall be inserted; (ii) for the words "and determine the amount payable 5 by him as wealth-tax", the words "and determine the amount of wealth-tax -payable by him or the amount refundable to ,him ,on the baa1s of such assessment" shall be substituted; (e) in lub-seeuon (4), after the words, brackets and figure "under su1raection (2) of that section", the words and fig\1res 10 "or who baa made a return under section is" shall be inserted; (d)m:'aub-tection (5), for the words "shall make the assessment to the beet of hi8 judgment and determine the amount payable ,by ute penon as wealth-tax on the basis of such assessment",thewolds "after taking into account all relevant material is wbiclt he 'hal ,athered, shall estimate the net wealth to the best of his judgment and determine the amount of wealth-tax payable by the perlon or the amount refundable to him on the basts of such assessment" shall be substituted amend-17 seetion 17 of the principal act shall be re-numbered as sub- 30 l'de'dtot,1edion (i) thereof, andeection 1'1 (4) in sub-section (1) as &0 re-numbered,-(i) for clause (4) the following clause shall be substituted, aamely:-ii (4) baa reason to believe that by reason of the a5 omluton or failure on the p~rt of any person to make a return under section 14 of his net wealth or the net wealth of any other person in respect of which he is useuable under this act for 8lly assessment year or to diaelose fully and truly all material facts necessary for 30 mentofhil·netwealth or the net wealth of such other penon fortftat year, the net wealth char~eable to tax has escaped uietiirlent· for that year, whether by reason of udder-aaseument or assessment at too low a rate· or otherwlm; or": 3s cii) for' the word "serve on tlie usesaee" the word!'! 'f-ve(odlucbpenontt,ha11 be substttuted: (b) after sub-lection (1) as ~ j'e-nwllbered, the following iub-section ahall be inserted, namely:-"(2) nothing contained in thia section limiting the time within which any proceeding for useument or r~_' ment may be commenced, shall apply to an assessment or re-aueum~nt to be made on auch person in codnquence of or to give effect to any finding {)or direction contained in an order under section 23, 24, 25, 27 or 29: 10 provided that the provisions of this aub-section shall not apply in any case where any such assessment· or re-assessment relates to an assessment year in respect of which an assessment or re-assessment could not have been made at the time the order which was the subject matter of the appeal, reference or revision, as the case may be, was made by reason of any provision limiting the time within which any action for asaessment or re-mleument may be tabd" 18 for section 18 of the principal act, thefollowin, secticm shall subsutube substituted, namely: _ tion of newaee· tiontor ectioft 18-"18 (1) if the wealth-tax ofticer, appellate assistant penalty commissioner, commissioner or appebate tribunal in the eourae torfail~ of any proceedings under this ~ is satiafted that any person-!:t= (4) has without reasonable cauae faued to furnish the :ly return which he is required to fumilb under- notice sub-section (1) of section 14 or by notice liv'en udder and consub-section (2) of section 14 or section 17, or has without cealjnent reasonable cause failed to furniab it witllin tba time of ideoim, allowed and in the manner required by ub-seellon (j) of etc: section 14 or by sueh notice, as the cue may: be; or (bt ~ without reasonable cause faded to comply with a notice under sub-section (2) or sub-seetion (4) of section 16; or (c) has concealed the particulars of any uaets or furnished inaccurate particular of any usn or debtl; he or it may, by order in writing direct that uch person shall pay by way of penalty-35 (i) in the cases referred to in clauae (4), in addition to the amount of weaith·tax, if any, payable, by him, a sum equal to two percent of the tax for every l1lolltb during which the default continued, but not exceeding in the aggregate fifty per cent of the tax; (ii) in the cases referred to in clause (b), in addition to the amount of wealth-tax payable by him, a swn which shall not be less than ten per cent but which shall not exceed s fifty per cent of the amount of the tax, if any, which would have been avoided if the net wealth as returned by such person had been accepted as the correct net wealth; (ii'>' in the cases referred to in clause (c), in addition to any wealth-tax payable by him, a sum which shall not 10 ,be less than twenty per cent but which shall not exceed one and a ·half times the amount of the tax, if any, which would have been avoided if the net wealth as returned by such person had been accepted as the correct net wealth ezpla1l4tim-where the net wealth returned by any per- 15 son is less than eighty per cent of the net wealth (hereinafter in this explanation referred to as the correct wealth) as assessed under section 16 or section 17, such person shall, unless he proves that the failure to return the correct wealth did not arise from any fraud or any gross or wilful neglect on his part, be 20 deemed to have concealed the particulars of assets or furnished inaccurate particulars of assets or debts for the purposes of clause (c) of this sub-section (2) no order shall be made under sub-section (1) unless ·the person concerned has been given a reasonable opportunity 2s of being heard' (3) notwithstanding anything contained in clause (iii) of sub-section (1), if ina case falling under clause (c) of that sub-section, the minimum penalty imposable exceeds a sum of rupees one thousand, the wealth-tax officer shall re~r the 0 case to the inspecting assistant commissioner who shall, for 3 the purpose, have all the powers conferred under this section for the imposition of penalty , ' (4) an appellate assistant commilsioner, a commjssioner or the appellate tribunal on making an order under this section 35 impoeing a penalty, shall forthwith send a copy of the same to the wealth-tax officer, ~, (5) no order imposing a penalty under this section shall b(~,q9ged after the expiration of two years from the date of the 'l~ , - completion of the proceedings in the course of which the pro" ceedmgs for the imposition of penalty have been commenced expl4mticm-ln computing the period of limitation for the purposes of this section, the time taken in giving an opportunity to the assessee to be re-heard under the proviso to section 39 and any period during which a proceeding under this section fol' the levy of penalty is stayed by an order or injunction of any court shall be excluded 19 after section 19 of the principal act, the following 10 spall be inserted, namely:-section insertion of new section lea '19a (1) subject as hereinafter provided, the net wealth of aaseuthe estate of a deceased person shall be chargeable to tax in ment in the cue 01 the hands of the executor or executors executors (2) the executor or executors shall for the purposes of this is act be treated as an individual (3) the status of the executor or executors shall for the purposes of this act as regards residence and citizenship be the same as that of the deceased on the valuation date immediately preceding his death 20 (4) the assessment of an executor under this section shall be mac;le separately from any assessment that may be made on , him in reipect of his own net wealth or on the net wealth of the deceased under section 19 ,", (5) separate assessments shall be made under this section in respect of the net wealth as on each valuation date as is included in the period from the date of the death of the deceased to the date of complete distribution to the beneficiaries of the estate according to their several interests (6) in computing the net wealth on any valuation date undfar this section, any assets of the estate distributed to, or applied to the benefit of, any specific legatee of the estate prior to that· valuation dateahall be excluded, but the assets 80 excluded shall, to ihe extent such assets are held by the 1ela18e on any valuation date, be included in the net wealth of such speci1ic legatee on that valuation date: 3s explanatiott---in this section, "executor" includes an admimatrator or other person administering the estate of a deceased pe~":' ," " te, in section 21 of the principal ac\-(4) in sub-sections (1), (2) and (4), for the w ···od whose behalf", wherever they occul', theworda od' lbebalf or for whose benefit" shall be substitutedi (b) in sub-se~tion (3) ,-(i) the brackets and words - (all of which periods are hereinafter in this sub-section included in tlw 'erm "beneficiary") , shall be omitted; <ii> for the words "on behalf of such-bedeftdary:\ the· shall be substituted; 10 words "on behalf or for the benefit of such beneficiary ,ft (c) in sub-section (4), after the words "were an individual'i, the words "who is a citizea of india, and reaidebt in india" shan be inserted; i (d) after sub-section (4), the following sub-section and" £~r4tion shall be inserted, namely:-- (5) any person who pays any sum by virtue of the provisions of this section in respect of the net -wealth of any benefioiary, shall be entitled to recover theawn 10 paid from such beneficiary, and may retain out of ul¥ usets 20 that he may hold on behalf or for the beneat of iuch beneficiary, an amount equal to the sum 10 paid e%pla'n4w>n-in this section, the term "bene1lctary" means any person including a minor, lunatie or idiot on as whole behalf or for whose beneftt' aaetj are held by ally other person' zl in section 22 of the principle act,-(4) the proviso to sub-section (2) shall be omitted; (b) after sub-section (2), the fon&winrulhec:tiodi-1hti1l 30 be inaerted namely: 'i (3) no person shall be deemed to ,be the agent of any person residing outside -india unle he w had __ an opportunity of being heard by the wealth-tax oftker u to ,-\ his being treated as such (4) any agent, who, as such, paye any sum under- thti 3s ~t, shall be entitled to recover the awn 10 paid from the " • son on whose behalf it is paid or to retain out of adj -aeys that may be in hu poueuion or may coiu"to-jwa in'htl· capacity assuch al8ot, an amount equal to the iuid 10 ptfd i i , 10 (5) any agent, or any person who apprehends that he may be assessed as an agent, may retain out of any money ,payable by him to the person residing outside india on whose behalf he is liable to pay tax (hereinafter in tlrli section referred to as the principal), a sum equal to his fttimated habwty under this section, and in the event of any disagreement between the principal and such agent or person, as to the amount to be so retrained, such agent or per-on may secure from the wealth-tax ofticer a certificate stating the amount to be so retained pending final settlement of the liability, and the certificate so obtained shan be his warrant for retaining that amount (6) the amount recoverable from such agent or per - on at the time of final settlement shall not exceed the amount specified in such certificate, except to the extent to which buch agent or person may at such time have in hta hands additional assets of the principal 20 (1) notwithstanding anything contained in this sectiod, any arrean' of tax due from a person reatdijq' outside lndia may be recovered also in accordance with the provisions of this act from any assets of such person which are or may at any time come within india" ala seetton 23 of· the principal act,-(cz) in sub-beetion (1),-ameftd· mmtof section • (i) in clause (a), for the words "his net wealth", the word iinet wealth" hall be substituted; 30 :(:u)'in elaue (d), after the word "under", the wordt, figures and letter "section 15b or"shall be lbserted; ~) 'in clawre (i), for the words, brackets and figurei ·~ton' (1) of-section46", the word-and agures "section mit man ·be sublnituted, and the word "or" shall be tn sefted~at·;the -nd; " (iv) after clause <f>, the following clauses shall be inserted, nameiy:-j ~i(g) obejcting to any order made by the wealthtax' ofbeer under section 22 treating him as the afedt of a 'penon residing outside india; or (h) objecting to &oj order of the wealth-tax ofticer under section 35 having the eftect of enhancing the assessment or reducing a refund or refusing to allow the claim made by the assessee under the said section; olj 5 (i) objecting to an order of the wealth-tax ofticer imposing a fine under sub-section (2) of section 37;"; (b) efter sub-section (5), the following sub-seetions shall be inserted, namely: --l i "(sa) in disposing of an appeal, the appellate assis- 10 tant commissioner illqy consider and decide· any matter arising out of the proceedings in which the order appealed against was passed, notwithstanding that such matter was not raised before the appellate assistant commissioner by the appellant f is (sb) the order of the appellate assistant commissioner disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision" d in section 24 of the principal act,- 20ame~ mentof aection14" (a) for sub-section (1), the following sub-section shall be substituted, namely:-: "(1) an assessee objecting to an order passed by the appelltlte assistant commissioner under section 18 or section 23 or sub-section (2) of section 37 or to an order passed by 2s the inspecting assistant commissioner under sub-section (3) of "section 18, may appeal to the appellate tribunal within sixty days of the date on which the order is communicated to him"; (b) after sub-section (2), the following sub-section shall be 30 inierted, namely:-' "(2a) the wealth-tax offtqer or the assessee, as the ease may be, on receipt of nouce that an appeal aaainst the order of the appeulte assistant commissioner has been preferred under sub-section (1) or sub-section' (2) by the 3s other party, may, notwithstanding that he may not have appealed a~inst such order or any part thereof, within thirty days of the receipt of the notice file a memorandum of cross objections, verified in the prescribed manner, against any· part of the order of the appellate assistant commis- 40 !iiioner and such memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specified in sub-section (1) or sub-section (2) "; (c) for sub-section (3), the following sub-section shall be substituted, namely:-5 "(3) the appellate tribunal may admit an eppeal or permit the filing of a memorandum of cross objections after the expiry of the relevant period referred to in sub-section (1) or sub-section (2) or sub-section (2a), if it is satisfied that there was sufficient cause for not presenting it within that period"; 10 (d) for sub-sections (6), (7) and (8), the following sub-$ections shall be substituted namely:-20 "(6) (a) where the appellant objects to the valuation of any property, the appellate tribunel may, and if the appellant so requires, shall, refer the question of the dis· puted value to the arbitration of two valuers, one of whom shall be nominated by the appellant and the other by the reapondent, and the tribunal shall 10 far as that question is concerned, pass its orders under sub-section (5) conformably to the decision of the valuers: provided that-i (i) where the appellant or the respondent does not nominate any valuer within the time specified by the appellate tdbunal or within such further time as the appellate tribunal may allow, the appellate tribunal may nominate a valuer on his behalf; (u) if there is a difference of opinion between the two valuers the matter shall be referred to '3 third valuer nominated by agreement or failing agreement, -30 by the appellate tribunal, and the decision of that valuer on the question of valuation shall be final; (iii) where any person has at any time expressed any opinion on the valuation of eny property to which the provisions of this clause apply, such person shall not 3s be nominated as a valuer in relation to that property (b) the valuers to whom a reference under clause (a) has been made by the appellate tribunal shall communi· rote their decision to the appellate tribunal within six 926 (b) ~ months of the date of such reference or within such further time as the tribunal may allow: provided that if the decision of the valuers is not communicated within the period aforesaid, the appellate tribunal may order that the reference made under thil:i s sub-section shall be deemed to be withdrown and proceed to dispose of the case on the evidence before it, including the report of either of the valuers if any such report has been submitted (7) the extent to which the costs of arbitration pro- 10 ceedings (including a case where a reference is deemed to be withdrawn) under sub-section (6) shall be borne by the appellant or the respondent shall be at the discretion of the appellate tribunal (8) the valuers may, in disposing of any matter re- is ferred to them for arbitration under this seetion, hold or cause to be held such enquiry as they think fit and after giving the appellant and the respondent an opportunity of being heard,make such decision as they think fit and shall communicate such decision in writing to the appellate 20 i'ribunal ! (8a) the valuers appointed under this section, while acting as such, shall have ell powers of a civil court while trying a suit uhder the code of civil procedure, 1908 in respect of the following matters, namely:-50f 1908 25 (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring the discovery and production of documents; (iii) receiving evidence on affidavit; and 30 (iv) issuing commission for examination of witnesses or documents (8b) nothing in the arbitration act 1940 shall apply 10 of 1940 to arbitrations under this section"; (e) in sub-section (11), for the words brackets, figures and 3s letter "sub-sections (5), (7) and (8) of section sa", the words, brackets and figures "sub-sections (1), (4) and (5) of section ~5" shall be substituted u in section 25 01 the principal act, after sub-section (2), the amendfollowing sub-sections and explanation shall be inserted, namely: _ mecte~t of 8 ion mi "(3) no order shall be made under sub-section (2) after the expiry of two years from the date of the order sought to be revised i 10 (4) notwithstanding anything contained in sub-section (3), an order in revision under sub-section (2) may be passed at any time in the case of an order which has been passed in consequence of, or to give effect to, any finding oil' direction con· tained in an order of the appellate tribunal, the high court or the supreme court ! expzanation-in computing the period of limitation for the purposes of sub-section (3), the time taken in giving an opportunity to the assessee to be reheard under the prcwlso to section 39 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded" 25 in section 26 of the principal act, in sub-section (1), for the amendwords and figures "an order of enhancement made by the com- ment of 20 missioner under section 25", the words, figures and brackets "an section 26 order passed by the commissioner under section 18 or sub-section (2) of section 25" shall be substituted 26 in section 27 of the principal act,-!amend-(a) for sub-sections (1) and (2), the following sub-sections =~~~27 shall be substituted, namely:-30 35 "(1) the assessee or the commissioner may, within sixty days of the date upon which he is served with notice of an oil'der under section 24 or section 26, by application 1n the prescribed form, accompanied, where the application is made by the assessee, by a fee of rupees one hundred, require the appellate tribunal to refer to the high court any question of law arising out of such order and, subject to the other provisions contained in this section, the appellate tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement of the case and refer it to the high court (2) the appellate tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the a'pplication within the period specifted in subsection (1), allow it to be presented within a further period not exceeding thirty days" ; (b) in sub-section (3), for the words "three months", the words "ninety days" shall be substituted; (c) after sub-section (3), the following sub-section shall be inserted, namely:--"(3a) if, on an application inade under this section the 5 appellate tribunal is of the opinion that, on account of a conflict in the decision (,r the high courts in respect of any particular· question of law, it is expedient that a reference should be made direct to the supreme court, the appellate tribunal may draw up a statement of the case and refer it 10 through its president direct to the supreme court"; (d) in sub-sections (4), (5) and (6), after the words "high court", the words "or the supreme court" shall be inserted; fee for of the (e) for sub-sections (7), (8) and (9) the following subsection shall be substituted, namely:-15 "(7) the costs of any reference to the high court or the supreme court which shall not include the making the reference, shall be in the discretion court" 27 after section 29 o~ the principal act, the following sections 20 shall be inserted in chapter vi, namely:--insertian of new sections 29aand 29b '29a notwithstanding that a reference has been made to the high court or the supreme court, or an appeal has been preferred to the supreme court, wealth-tax shall be 4)ayable in accordance with the assessment made in the case 2s 29b in this chapter, "high court" means-tax to be paid notwithstanding reference, etc definition of high court (i) in relation to any state, the high court of that state; (ii) in relation to the union territories of delhi himachal pradesh, the high court of punjab; and 30 (iii) in relation to the union territories of manipur and tripura, the high court of assam; (iv) in relation to the union territory of andaman and nicobar islands, the high cow't at calcutta; (v) in relation to the union territory of laccadive, 3s minicoy and amindivi islands, the high court of kerala; (vi) in relation to the union territories of dadra and nagar haveli and goa, daman and diu, the high court at bombay; (vii) in relation to the union territory of pondicherry, s the high co~rt at madras' 10 28 for sections 30, 31 and 32 of the principal act, the following substitusections shall be substituted, namely:-tion of new sections for sections 30,31 and 32 "30 when any tax, inter ~st, penalty, fine or any other sum notice of is payable in consequence of any order passed under this act, demand the wealth-tax officer shall serve upon the assessee a notice of demand in the prescribed form specifying the sum so payable 15 20 31 (1) any amount specified as payable in a notice of when tax, demand under section 30 shall be paid within thirty-five days of etc paythe service of the notice at the place and to the person men- able and tioned in the notice: when assessee provided that, where the wealth-tax officer has any reason deemed to believe that it will be detrimental to revenue if the full period ~n ~e­of thirty-five days aforesaid is allowed, -he may, with the pre- au t vious approval of the inspecting assistant commissioner, direct that the sum specified in the notice of demand shall be paid within such period being a period less than the period of thirtyfive days aforesaid, as may be specified by him in the notice of demand (2) if the amount specified in any notice of demand under section 30 is not paid within the period limited under subsection (l), the assessee shall be liable to pay simple interest at four per cent per annum from the day commencing after the end of the period mentioned in sub-section (1): 30 provided that where as a result of an order under section 23, or section 24, or section 25, or section 26, or section 27, or section 29, or seotion 35, the amount on which interest was payable under this section had been reduced, the interest shall be reduced accordingly and the excess interest paid, if any, shall be refunded 3s (3) wttilout prejudice to the provisions contained in subsection (2), on an application made by the assessee before the expiry of the due date und~ sub-section (1) i the wealth-tax oftic:er may extend the time for payment or allow payment by instalments, subject to such conditions as he may think fit to impose in the circwnstances of the case (4) if the amount is not paid within the time limited under sub-section (1) or extended under sub-section (3), as the case 5 may be, at the place and to the person mentioned in the said notice, the assessee shall be deemed to be in default (5) if in a case where payment by instalments is allowed under sub-section (3), the assessee commits default in paying any one of the instalments within the time fixed under that sub-10 section, the assessee shall be deemed to be in default as to the whole of the amount then outstanding, and the other instalment or instalments shall be deemed to have been due on the same date as the instalment actually in default (6) where an assessee has presented an appeal under is section 23, the wealth-tax officer may, in his discretion, and subject to such conditions, as he may think fit to impose in the circumstances o~ the case, treat the assessee as not being in default in respect of the amount in dispute in the appeal, even though the time for payment has expired, as long as such appeal 20 remains undisposed of (7) where an assessee has been assessed in respect of assets located in a country outside india, the laws of which prohibit or restrict the remittance of money to india, the wealth-tax officer shall not treat the assessee as 2 s in default in respect of that part of the tax which is attributable to those assets, and shall continue to treat the assessee as not in default in respect of that part of the tax until the prohibition or restriction of remittance is removed mode of recovery 32 the provisions contained in sections 221 to 227, 229, 231 30 and 232 of the income-tax act and the second and third schedules to that act and any rules made thereunder shall, so far as may be, apply as if the said provisions were provisions of this act and referred to wealth-tax and sums imposed by way of penalty, fine and interest under this act instead of to 3s income-tax and sums imposed by way of penalty, fine and interest under ~ act and to wealth-tax officer and commissioner oi;alth-tax instead of to income-tax officer and commissioner of income-tax explanation i-any reference to section 173 and sub-section 40 (2) or sub-section (6) or sub-section (7) of section 220 of the income-tax act in the said provisions of that act or the rules made thereunder shall be construed as references to sub-section (1) of section 22 and sub-section (2) or sub-section (6) or subsection (7) of section 31 of this act respectively explanation h-the tax recovery officer and the tax recovery commissioner referred to in the income-tax act or the s rules made thereunder shall be deemed to be the tax recovery officer and the tax recovery commissioner for the purposes of recovery of wealth-tax and sums imposed by way of penalty, fine and interes,t under this act" 29 section 34 shall be omitted omlsaion of sequo!) m, 10 36 after chapter vii of the principal act, the following chapter shall be inserted, namely:-fnllertiqtl of new cnapttf vila "chapter vila refunds34a (1) where, as a result of any order passed in appeal or refunqi other proceeding (including a reetiftcation proeeedin«) under this act, refund of any amount becomes due to the uberee, the wealth-tax officer shall, except as otherwise provided in this act, refund the amount to the useasee without hi' hlvin, to make any claim in that behalf 20 2s (2) where an order giving rise to a l'efund is the subject matter of an appeai or further proceeding or where any other proceeding under this act is pending and the wealth-tax ofticer is of the opinion that the grant of the refund is likely to adversely affect the revenue, the wealth-tax officer may, with the previous approval of the commissioner, withhold the refund till such time as the commissioner may determine 30 (1) where a refund is due to the assessee in pursuance of an order referred to in sub-section (i) and the wealth-tax officer does not grant the refund within a period of six months from the date of such order, the central government shall pay to the assessee simple interest at four per cent per annum on the amount of refund due from the date immediately following the expiry of the period of six months aforesaid to the date on which the refund is granted 35 (4) where a refund is withheld under the provisions of subsection (2), the central government shall pay interest at the aforesaid rate on the amount of refund ultimately determined to be due as a result of the appeal or further proceeding for the period commencing after the expiry of six months from the date of the order refered to in that sub-section to the date the refund is granted (5) where under any of the provisions of this act, a refund is found to be due to any person, the wealth-tax officer, appellate assistant commissioner or commissioner, as the case may 5 be, may, in lieu of payment of the refund, set oft the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this act by the person to whom the refund is due, after giving an intimation in writing to such person of the action proposed to be taken under this section!' 10 31 in chapter viii of the principal act the following section shall be inserted before section 35, namely:-insertion of new section 34b transfers to defraud revenue voig "34b where, during the pendency of any proceeding under this act, any assessee creates a charge on or parts with the possession by way of sale, mortgage, exchange or any ather is mode of transfer whatsoever, of any of his assets in favour of any other person with the intention to defraud the revenue, such charge or transfer shall be void as against any c'laim in respect of any tax or any ather sum payable by the assessee as a result of the completion of the said proceeding: 20 provided that such charge or transfer shall not be void if made for valuab'le consideration and without notice of the pendency of the proceeding under this act" substitu-32 for section 35 of the principal act, the following section shall tiod of be substituted, namely: -25 new section for section 35 "35 (1) with a view to rectifying any mistake apparent from the cecord-rectification of mistakes (a) the wealth-tax officer may amend any order of assessment or of refund or any other order passed by him; (b) tlw appellate assistant commissioner may amend 30 any order passed by him under section 18 or under section 23; (c} the inspecting assistant commissioner may amend any order passed by him under section 18; (d) the commissioner may amend any order passed by 35 him under section 18 or under section 25; 5 10 (e) the appellate tribunal may amend any order palled by it under section 18 or under section 24 (2) where the amount of tax, penalty or interest determined as a result of the first appeal or revision against the order referred to in sub-clause (iii) of clause (m) of section 2 is paid within six months of the date of the order p888ed in such appeal or revision, the wealth-tax ofticer may, notwithstanding anything to the contrary in this act, rectify the assessment by allowing a deduction to the extent the tax, penalty or interest 80 paid stood disallowed therein as if such rectification were rectification of a mistake apparent from the record (3) subject to the other provisions of this section, the authority concemed-(a) may make an amendment under sub-section (1) or is sub-6ection (2) of its own motion; and (b) shall make such amendment for rectifying any such mistake which has been brought to its notice by the assessee, and where the authority concerned is the appellate assistant commissioner or the appellate tribunal, by the weaith-20 tax offtcer also (4) an amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee 25 of its intention so to do and has allowed the assessee a reasonable opportunity of being heard (5) where an amendment is made under this section, an order shall be passed in writing by the wealth-tax authority concerned or the tribunal, as the case may be 30 (6) where any such amendment has the effect of enhancing the as,sessment or reducing a refund already made, the wealthtax officer shan serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under section 30 and the 3s provisions of this act shall apply accordingly (7) no amendment under this section shall be made after the expiry of four years-(a) in the case of an amendment under sub-section (2), from the date of the order passed in the first appeal or revi-40 sion as referred to in that sub-section; and (ib) in any other case, from the date of the order sought to be amended 926 (b) ls-4 , p' i~"''' 1 v ; (8) where any matter has been con~idered and decided in a pliooeedins by way of an appeal of revision li"elating to an order referred to in sub-section (1), the authority passing such order myi notwithstanding anything· clontflined in any other law for the time being in force, amend the order under this section in 5 rebltioll to any matter other than the matter which has been &0 cqnidereci and decided " 33 in section 36 of the principal act,-amendmentof ections6 (4) in su'b-section (1) the words "on conviction before a mal1strate," shan be omitted; 10 (b) in sup-lsection (2), for the worda "punishable with simple imprisonment which may extend to one year ~ with ftne which may extend to one thousand rupees or with both", the following words and proviso shall, be sllbstituted namely:-"punishable with rigorous imprisonment for a tenn which is may extend to two years: provided 'that in the absence of specij,1 and adequate reasons to the contrary to be recorded in the jw:\gment of the court, such imprisonment shall not be for less than six month • "; 20 (c) after sub-section (2), the following sub-section and proviso shall be inserted, nam~ly:-«(2a) if a person abets or induces in any manner another person to make and deliver an account, statement or decjaratton relating to the particulars of any rtet wealth 2s chargeable to tax which is false and which he either knows to be false or does not believe to be true, he shall be punishable with rigorous impril;onment for a term which may ex· tend to two years: provided that in the absebce of special and adequate 30 reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for lees than six months"; (d) for th~ explanation, the following sub-section shall be substituted, nam~ly:-3s "(5) no court inferior to that of a presidency magistrate or a magistrate of the first class shan try any offence under w act • 5 45 of 1860, 10 34 after section 36 of the rincipal act, the foilowing section inseniod shall be inserted, nam~:-of new aectioil 3iia "36a (1) the central government may, if it is of opinion power to (the reasons for such opinion being recorded in w1i'tini) that tender with a view to obtaining the evidence of any penon appearida immunity to have been directly qr indirectly concerned in or privy to the ::::-concealment of particulars of net wealth or to the evuion o~ payment of tax on net wealth, it is neeeasary or expedieiit so to do, tender to such perloll immanity from proeeclltion for' any ofte'tiee under this act or under the 'indian penal ,code' 01' 'uticler any other central act for the time being in force and also ftoin the lfuposition of any penalty under this act' on condition of 'his making a full and true discloiiiure of the wholecittumstances relatttng to the concealment of particwiln of net wealth or '(!yaslan of payment of tax on net wealth is (2) a tender of immunity-made to, and accepted by, the person concerned, shall, to the extent to which the inwrmnity extends, render him immune from prosecution for any oftence in respect of which the tender was made or from the iriiposition of any penalty under this act (3) if it appears to the central govermnent that'any period to whom immunity has been tendered under this section has not complied with the codlciition on which the tender was made or it wilfully conceauna a~thillg 01' is giving false evidence, the 25 central government may record a finding to that ect, and 1herl!upon the ltnmunity shall be d~ to have been with· drawn, and any such person may be tried foi' the ,0«- in res-~ -of which th~ tender of immunity was made or for any,dther offence of which he appears to have been guilty in connection with thesame ttier and -shan allio 'become 'liable to t'he imphiti0x:-lo{ any peaalty uncier ltiis act to whith he would otherwise have been liable!' 35 for section 37 of 'the principal act, the following section shall substltu· be substituted, namely:-'tion at nt!'w sec· tionfor sections'l of 1908 "37 (1) the wealth~tu: 0iicel", appellate atstant com- powerto missioner, commissioner add the appellate tribunal shall, for tdbke evience on the pvrp0ee8 of thisaet, ha'ft 'the satne powers as are vested in oath, etc a eourt iirder ihecode of civil procedure, 1908, when trying a suit in respect of the following matters, namely:-(a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a banking company and examining him on oath; (c) compelling the production of books of account and 5 other documents; and (d) issuing commissions (2) witho\lt prejudice to the provisions of any other law for the time being in force, where a person to whom a summons is issued either ~o attend to give evidence or produce books of ac- fo cou~t or other documents at a certain place and time, intentionally omits to attend or produce the books of account or documents at the place or time, the authority empowered to isiu such summons may impose upon him such fine not exceeding five hundred rupees, as it thinks fit,and the fine 80 levied may be is recovered in the manner provided in chapter vii of this act (3) subject to any rules made in this behalf, any authority referred to in sub-section (1) may impound and retain in its custody for such period as it thinks fit any books of account or other documents produced before it in any proceeding under this act: 20 provided that a wealth-tax officer shall not-(a) ~pound any books of account or other documents withou t recording his reasons for so doing, or (b) retain in his custody any such books or documt1jlts for a period exceeding fifteen days (exclusive of holidays) 2s without obtaining the approval of the commissioner therefor (4) any proceeding under this act ,before a wealth-tax authority or the tribunal shall be deemed to be a judicial proceed!ngwithin the meaning of sections 193 and 228, and for the 30 purposes of section 196, of the indian penal code" 36 after section 37 of the principal act, the following section shall be inserted, n~mely:-"37a (1) where the commissioner, in consequence of information in his possession, has reason to believe that-3s insertion of new section 37a power 01 search and aeizure "\ (a) any person to whom a notice under sub-section (4) of section 16 or a summons under section 37 was issued to produce, or cause to be produced, any books of account oil' other documents, has omitted or failed to produce, or cause to be produced, such books of account or other documents as required by such notice or summons, oil' s (b) any person to, whom a notice or summons as afore--said has been or might be issued will not, or would not, produce or cause to be produced any books of account or other documents wl;lich win be useful for, or relevant to, any proceeding under this act, or 10 (c) any person is in po~sionof any articles or things including money disproportionate to his known assets, particulars of which will be useful for, or relevant to, any proceeding under this act, 15 20 he may authorise any inspecting assistant commissioner or any wealth-tax officer to enter and search, with such assistance as he may deem necessary, any building or place where he has reason to suspect that such books of account, other documents, articles or things including money are kept and if as a result of the search such books of account, other documents articles or things including money are found, the inspecting assistant commissioner or the wealth-tax officer, as the case may be, may-(i) seize any such books of account or other documents; (ii) place marks of identification on any such books of account or other documents or make or cause to be made extracts or copies therefrom; (iii) make a note or an inventory of any articles or things including money found which, in his opinion, will be useful for, or relevant to, any proceeding under this act 30 (2) the books of account or other documents seized under sub-section (1) shall not be retained by the inspecting assistant commissioner or the wealth-tax officer for a,period exceeding one hundred and eighty days from the date of the seizure unless the reasons for retaining the same are recorded by him in writing and the approval of the commissioner for such retention is obtained: 35 provided that the commissioner shall not authorise the retention of the books of account and other documents for a period exceeding thirty days after all the proceedings under this act in respect of the years for which the books of account or other documents are relevant are completed (3) the:person from whoae eustody any books of aceount or other documents are seized under' sub-section (1) may make copies thereof, or tak-e extracts therefrom, in the p~ of the wealth-tax officer or any other person authorised by him, at such place and ti~ as the wea1tb-'ax~~r may appoint in this be-5 half (4) "if a person legally entitled to the books of account or other documents seized under sub-section (1) objects 'for any reason to the approval given by the commissioner under sub-ii!tftlon ('), 'u may make an applktatlod to the board stating 10 therein the retiiods for such objeetion and requestidg 'for the r«urn of the bood of a~'lmt or documents (5) on receipt of the application under sub-section (4), the board may, after gi\o'ibg the applk:ujt ail opportuntty of }jeibg reard, pus aueh orders ,as it thlna fit 15 (6) the provisioihi of the code of crimi&al procedure, 1898 relating to searchel shall apply, 80 far as may be, to seial'ches under sub-section (1) of this aection (1) the board may make rules'm reiltion to'syrcl!es under this section" 20 ~ to sectton 98 of the principal act, the fallowing ptoviso shall be added, namely: -amendment ot !f'ction 39 "provided that the assessee concerned may demand that before the proceeding is so continued the previous proceeding or uypal"t thenof be re-opened'or 'that befere afty or~ bi assess- 25 meat is pauedapinat him, he bel1!-heet'd" amend-38 in section 41 of the principal act, after sub-1lection (2), the ment of following sub--secuon _11 be inserted, namely:-section 41 co (3) after a finding of total partition has been recorded by the wealthtax officer under section 20 in respect of aay hindu 30 family, notices under this act in respect of the net wealthot the hindu family shall be served on the person who was tbe last manager of the hindu family, or, if such person is dead, then 00 all surviving adults who were members of the hindu family immediately befol'e tbepartition" substitu-39 'for section 44 of the principa'l act, the following section shau tion of be substituted, natnely:-new sections for section," 'm (1) any asse$see who is enti,tled to or required to attend appear before any wealth-iax authority or the appellate tribunal in anee conne<:tion with any proceeding upder this act, except where he before is req"ir~ ujlder this act to attend in ~non may attend by a =il'lth-s person who would be entitled to repre~nt him before any income· ritie~ub~o­tax authority or the appellate tribunal under section 288 of the authorised income-tax act representative (2) notwithstanding anything in sub-section (1)-(0 no person who has been convicted of an ofhl'lce con-10 nected with any wealth-tax prooeeding or on whom a penalty has been imposed under this act other than a penalty imposed on him under clause (i) or clause (ii) of sub-section (1) of section 18 shall be qualified to represent an assellee under sub-section (1) for such time as the commissioner may 15 by order determine; (if) if any person who is not a legal practitiqller or a chartered accountant, is found guilty of misconduct in connection with any wealth-tilx pr-oceeding by the prescribed authority the prescribed, authority may direct that he shall 20 thenceforth be disqualified· to represent· an asaeu8e under sub-section (1); 11 of 1922 34 of 1953 28 of 1957 18 of 1958 2s (iii) ·no person not qualifted to represent an assessee under the indian inflornetax act, 1922 the estate duty act, 1953, the expenditure-tax ad, 1957, or the gift-we act, 1958, shall be entitled to appear on behalf of any assessee under this act: provided that any order or direction under sub-elause (i) or sub-clause (u) hall be subject to the following conditions:-30 (a) no such order or direction snail be made in respect of any person unleas he has been given a reasonab'le opportunity of being heard; (ob) anly' person against whom any such order or directiem is made may, within one month of the making of the order or direetion, 8ppe41 to the board to hav& the order or direction cancelled; and (c-) no such order or direction shall take effect until the expiration of one month from the making thereof, or, where an appeal has been preferred, until the disposal of the appeal 44a the central government may enter into any agreement with the government of any reciprocating country for the avoidance or relief of double taxation with respect to wealth-tax payable under this act and under the corresponding law in, force in the reciprocating country and may, by notification in the official 5 gazette, make such provision as may be necessary for implementing the agreement agreementfor avoidance or relief of double taxation with respect to wealthtax explanation-the expression c4reciprocating country" for the purposes of this act means any country which the central government may, by notification in the offtcial gazette, declare to be 10 a reciprocating country countries with which no agreement f'xists 44b where the -net wealth of any assessee includes any foreign wealth and he proves that, in respect of such foreign wealth, he has paid in any country, with which there is no reciprocal arrangement under section 44a for the relief or avoid- 15 ance of double taxation, a tax in respect of wealth, under the law in force in that country, he shall be entitled to the deduction from the indian wealth-tax payable by him of a sum calculated on such doumy taxed foreign wealth at the indian rate of tax or the rate of tax of the said country, whichever is the lower, or at the 20 indian rate of tax if both the rates are equal e;rplanation-in this section-(1) the expression c4indian wealth-tax" means wealthtax charged in accordance with the provisions of this act; (2) the expression "indian rate of tax" means the rate 25 determined by dividing the amount of indian wealth-tax after deduction of any relief due under the provisions of this act but before the deduction of any relief due under this section by the net wealth; (3) the expression "rate of tax of the said country" 30 means any tax in respect of wealth, actually paid in the said country, in accordance with the corresponding laws in force in the said country after deduction of all relief due, but before deduction of any relief due in the said country in respect of double taxation, divided by the whdle amount of the 35 wealth assessed in the said country; (4) the expression "foreign wealth" in relation to any assessee means the value of all his assets located in any country outside india as reduced by the value of his debts in ~~~~~ ~ to in section 46 of the principal act, for sub-section (4), the amendfollowing sub-section shall be substituted, namely:-=~t48 " (4) the centtal government shall cause every ruie made under this act to be laid as soon as may be after it is made before 5 each house of parliament while it is in session for a total period of thirty days which may be comprised in one session oj' two successive sessions, and if before the expiry of the afoo in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both 10 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, 80 however; that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule" i ~ 41 in part ii of the schedule to the principal act, for the words, amendfigures brackets and letters 4csections 8, 9, 10 and 12 of the income- ~en~ _ tax act but without deducting the allowances referred to in paragraph d~e e (b) of the proviso to clause (vi) of sub-section (2) of section 10, subclause (t1ia) and sub-clause (vib) of sub-section (2) of section 10", :ao the words, figures, letters and brackets "chapter iv of the incometax act other than the provisions under heads of income 'a-salaries and ce-capital gains' thereof, but without deducting the allowances referred to in sub-section (2) of section 32, section 33 and section 3'" shall be substituted statement of objects and reasons the income-tax law has been re-codifted in the income-tax act, 1981 as the basic pattern of the wealth-tax law is the same as that of the income-tax law, it has become necessary to bring the provisione of the we'alth':tax act, 1957 in line with the scheme of the lneome:taxact, 1961 opportunity has been taken to implement the recommendations of the direct taxes administration enquiry committee, relating to the wealth-tax law which have been accepted by government, and also to make amendments to the wealth-tax act which have been found necessary in the light of the experience gained in the operation of the act the notes on clauses explain the various provisions of the bill t t krishnamachari new dj:uu; the 3rd september~ 1964 president's recommendation under article 117 of the constitution of india[copy of letter no 1/27/64-wt, dated the 6th september, 19th from shri bali ram b1ujgat, mini8ter of planning to the secretary, lok sabha] the president heving been informed of the subject matter of the proposed bill to amend the wealth-tax act, 1957 has recommended under article 117 (1) of the constitution the introduction of the bill in lok sabha, and under article 117 (3) of the constitution its consideration by the lok sabha clause 2(a) substitutes the existing clauses (b), (c) and (d) of section 2by new clauses:(i) new clause (b) brinis the deftnition of "appellate tdbunal" in line with the definition of the term in· section 2 (4) of the income-tax act, 1961 (ii) new clause (c) corresponds to section 2(c) of the existing act but the definition of "assessee" has been made more comprehensive on the lines of section 2 (7) of the income-tax act, -1961 so as to include all possible categories eg, persons who are liable to pay wealth-tax on their own net wealth, persons liable to pay wealth-tax on the net wealth of other persons, and persons deemed to be assessees or rssessees in d~fault· under certain sections of the act (iii) a deftnition of "assessment" bas been inserted by new clause (ca) on the lines of section 2 (8) of the income-tax act, 1961 (iv) new clause (d) brings the deftn1tion of "assessment year" in line with its deftnition in section 2 (9) of the incometax act, 1961 "' • clause 2(b) -eftec;ts amendments-(1) in section 2 (e) (ii) to clarify that only a building owned and occupied by a cultivator would be excluded from the definition of the· term 'assets', and (ll) in section 2(e) (v) to clarify that the period of six ye~r' is to be computed from the date the interest vests in the assessee az ' clause 2 (c) -tile director of inspection is not one of the authorities under the existing act the amendment makes the director of inspection an authority under the act and clarifies that the term includes his deputies and assistants also this is in line with section 2 (21) of the income-tax act, 1961 clause 2 (d) substitutes in section 2 (j), the reference to the 'income-tax act, 1922' by reference to the 'income-tax act, 1961' ~ 35 clause 2 (e) effects two amendments-(i) under section 2 (la) a definition of "inspector of wealthtax" has been introduced, as he has been made one of th~ auth·;-dties under the wealth-tax act, (ii) the term 'legal representatives' has been defined on the lines of section 2 (29) of the income-tax act, 1861 as in the existing act there is no definition of the term although it is ujed in the act i elause 2 (i) seeks to clarify that under section 2 (m) (ii) debts, which are secured on or relate to any property which is exempt from wealth-tax are not to be deducted in computing the net wealth clause 2 (q) introduces-(i) a definition of 'public servant', as the term has to be defined for the purposes of the act; and (ii) a definition of "regular assessment", to distinguish such an assessment from a self-assessment and provisional asessment regarding which provisions are being introduced in the act these are in line with sub-sections (37) and (40) of section 2 of the income-tax act, 1961 clause 2(h)makes the following amendments in section 2(q):-(i) the reference to section 2 (11) of the income-tax act, 1922 has been substituted by the reference to section 3 of the income-tax act 1961, and (ii) the existing proviso has been replaced by a new proviso which expressly stipulates the valuation date to be adopted i't the case of a person who is not an assessee under the incometax act, 1961 as also the valuation date in a case where an assessment is to be made on an executor clause 2(i) introduces an amendment in section 2(s) which is consequential to the amendment proposed in clause 9 of the bill elame 3-since the term "assessment year" has been defifled !n the act the words "financial year" have been replaced by the wortls "assessment year" to clarify the intention this brings the provis' c: in line with section 4 ilf the income-tax act, 1961 clause 4(a) amends section 4(1) to make the provisions applicable to either spouse and also clarifies that section 4 (1) (a) (u) applies to indirect transfers, and that the provisions of section 4(1) (a) (iii) would apply to transfers for the deferred benefit of the individual or his or her spouse or minor child this brings the provisions in line with clauses (iii), (iv) and (v) of section 64 of the income-tax act, 1961 ctause 4 (b) effects the following two amendments: 0-(i) it introduces section 4 (6) which deems the noldet oi iir - mpartible estate to be the owner of all the properties comprised in the estate this is in line with section 27 (ii) of the incometax act in 80 far as immovable properties are concerned (ii) it substitutes a new explanation for the existing e3:planation clarifying the types of transfers which would be deemed to be irrevocable clause 5 (a) substitutes the reference to "chapter ixn' of the income-tax act, 1922 by reference to section 2 (38) of the income-tax act, 1961 other amendments proposed in clause 5 (b) are of a consequential nature clause 6 substitutes the reference to lection 4 (3) of the incometax act, 1922 by reference to section 10 of the income-tax act, 1961 clause 7 (a) clarifies that the matket value of an asset for the purposes of section 7 (1) of the act has to be estimated by the wealthtax officer subject to any rules that may be framed claus8 7 (b) provides that the adjustments contemplated under section 7 (2) of the act would be prescribed under the rules clause 8 inserts an explanation to section 8 of the act which clarifles that the jurisdiction for wealth-tax purposes in respect of a person who is liable to wealth-tax but is not an assessee within the meaning of the income-tax act, will be determined with reference to the area in which that person resides clause 9 introduces new section sa conferring on the central board of direct taxes and the commiuioners the power to transfer cases from one wealth-tax officer to another this is in line with section 127 of the income-tax act, 1961 clause 10 introduces a new section which authorises the board to empower persons to exercise the functions of a director of inspection and defines those functions clause 11 makes the following changes:-(i) a new section has been inserted which makes an inspec tor of wealth-tax an authority under the act; and (ii) the existing provision in relation to the control of wealth-tax authorities has been recast on the lines ot'section 118 of the income-tax act, 1961 clause 12 introduces a new provision on the lines of section 119 (2) of the income-tax act, 1961 making it obligatory on the wealth-tax officer to follow the instructions issued by the director of inspection, commissioner and inspecting assistant commissioner within whose jurisdiction he performs his functions clause 13 introduces a new section 13a which specifies the powers of the director of inspection, the commissioner and the inspecting assistant commissioner in relation to the ,makulg of enquiries under the act this is in line with section 135 of the income-tax act, 1961 clause 14 substitutes a new sub-section for the existing section 14(1) to make it clear that a person who is liable to tax in respect of the net wealth of any other person has also to file a return of net wealth this is in line with section 139 (1) of the income-tax act, 1961 the amendment proposed in section 14(2) is consequential to the one proposed in section 14 (1) clause 15 introduces--(i) a new section modelled on section 140 of the income-tax act, 1961 which states the position as regards the persons who should sign and verify the returns of net wealth in respect of different kinds of assessees; (ii) 8 new section in line with section 140a of the income-tax act, 1961, to provide for an assessee paying tax on the basis of a leif-assessment made by him where the tax payable 'on the basis of the return exceeds rs 500; and (iii) a new section 15c on the lines of section 141 of the income-tax act, 1961, to provide for the making of a pr~isional assessment of the tax payable by an assessee on the basis of the return filed by him and the accounts and documents, if any, accompanying the return clause l6-sub-clause (a) makes certain drafting changes in section 16 (1) of the act to emure that the amount of refund, if any, due to the assessee is specified in the assessment order passed' on the basis of a return found to be correct and complete sub-clauses (b) and (d) amend sub-sections (3) and (5) of section 16 to clarify that the wea'lth-tax officer shall in framing an a8bessmem consider any material which he might have gathered independently this is in line with ~ctiods 143 (3) and 144 of the income-tax act, 1961 subclause (c) makes good an omission by introducing a reference to returns flied under section 15 clause 17-subclause (a) the amendment proposed is consequential to the amendment proposed in section 14 swb-clause (b) introduces a new sub-section to clarify that the time limit for initiating proceedings for assessment or re-assessment would not apply to an assessment or re-assessment which is to be made in consequence of or to give effect to any finding or direction contained in an appellate order, or an order passed in reference or revision etc this provision is in line with section 150 of the ldeometax act, 1961 clause 18 replaces the existing section 18 by a new section to bring its provisions in line with the corresponding provisions in seetions 271, 274 and 275 of the income-tax act, 1961 the changes proposed are:""": (i) in the existing section 18 only a maximum penalty is specified the new section lays down both the minimum and maximum penalties for various offences (il) the existing section requires that the wealth-tax offieer should nave the previous approval of the inspecting assistant commissioner for all penalty orders passed by him under the new provisions the wealth-tax officer himself will pass orders in cases f8'lling under section, 18 (1) (c) (concealment of particulars of assets or furnishing inaccurate particulars of assets or debts) where the minimum penalty exceeds rs 1,000 the need for obtaining the previous approval of the inspecting assistant commissioner wllere a penalty order is to be passed by the wealthtax officer is dispensed with (i~i) a presumption is drawn as under the income-tax act of wilful concealment (which can be rebutted by the assessee) where the net wealth returned by a person is less than 80 per cent of the net wealth assessed -(iv) orders imposing a penalty normally will have to be passed before the expiration of two years ft:om the date of the completion of the proceedings in the course of which the proceedings for the imposition of the penalty have been commenced clause 19 introduces a new section providing for specific machinery for the assessment of executors in respect of the estate of a deceased person for a period from the date of the death of the dec~s­ed till -the completion of the administration of the estate the new section is on the lines of section 168 of the income-tax act, 1961 clause 20-sub-claust$ (a) and (b) make certain drafting changes to clarify that the provisions of section 21 apply where any assets are held either on behalf of the beneficiary or for the benefit of a beneficiary sub-clause (e) clarifies that the individual referred to in section 21 (4) should be a citizen of india and resident in india sub-clause (d) adds a new sub-section which enables the person paying any amount under the provisions of section 21 in respect of the net wealth of any beneficiary to recover the sum so paid from such beneficiary this is on the lines of section 162 (1) of the income-tax act, 1961 c'zauae 21-the amendments effected by this clause bring the provisions for the :recovery of wealth-tax from a person residing out- ' side india on a line with those of sections 162 and 173 of the incometax act, 1961 clause 22-sub-clause (a) seeks to make the following amendments:-(i) the word uhis" has been omitted from section 23 (1) (a) to entitle a person who is assessable in respect of the net wealth of any other person also to file an appeal where an assessment is made on him (ii) a right of appeal has been provided against penalties imposed for non-payment of tax due in respect of a self-assessment which is required to be made under section 15b (iii) the reference to section 46(1) of the income-tax act, 1922, is substituted by reference to section 221 of the income-tax act, 1961 (iv) additional rights of appeal have been provided against an order of the wealth-tax officer treating a person as an agent ra a penon residing outside india, an order rectifying' a mistake under section 35 having the eftect of enhancing the tax or reducing a refund orrefusing to admit an assessee's claim under the said section and against an order of the wealth-tax oftlcer imposing a flne for non-com?liance of a summons issued under section 37 this provision is on the linea ,of section 246 of the income-tax act, 1961 sulbelaule (b) introduces two new sub-sections (5a) and (5b) in section 23 'rhe new sub-section (sa) is in line with the txplanation to section 251 and the new sub-section (5b) is in line with section 250(6) of the income-tax act, 1961 the latter sub-section makes an ex;isting practice a requirement under the law cla'ube23"-sub clame (a) substitutes sub--section (1) of section 24 by a new sub-section which cohfen on the a-ssessee additional rights of app'&al against ~ order p~ by the appellate assistant commission,er imposj,ng a penalty -under section 18 or a fine under section 37, _ ~d· against an ofcwr p;ls>ed by the iilspecting assistant coillidissioner impo~ng a penalty under section 18 of the act sul>-olau8e (b) ,~troduces a new ~ovis~qil corresponding to section 253 (4) of the inco,me-tax act, 1961 enabling the assessee or tbe wealth-tax officer to file a me1n9l'a1l<ium of ~081 objections in' an appe~ filed before the tribunal by the other party sub-clattse (c) confer8 on the tribuna! powers to coftdone c!ela7 in the filing of a memorandum of cross objections this powr hi simi1u to the existing power of the tribunal to coqdone delay in filing of appeals ang is 'in line with section 253 (~) of the inoome;tax act, 1961 sub-clause (d) substitutes new sub-section (6) to (sb) for the existing bub4ections 6, t() 8 in order to bring the provisions relating to va1uers ih line with theeorresponding provision in section 253 (la) of the income-tax act, 1961 thus, for instance if the appellant or the j;espondent does not nominate any valuer as required by the act within the time allowed by the tribunal, the tribunal will be enlptynej'i!d to nominate a valuer on their behalf; and a person who, at 'any :ttme, has expressed an)" opinion on the valuation of any property would be debarred from bei~ nominated as a valuer 1n relation to that property by either of the parties as under the income-1iex act, valuation proceedings under the wealth-tax act will 'il»etaken out of the purview of the arbitration act, 1940 the valuers to whom a reference has been made will have to communicate their decision to the tribunal within 6 months of the date of refierence or within' the further periodot time, allowed by the tribunal; and where the valuers ciefawt in making the report, tlle tribunal can order that the reference made to them shall be <ieemed ,to be withdrawn and can proceed to dispose of the case on the evi-~ before them incl\ldingthe report of either, of the valuers if such a report h8s been su~iited· ' ' " ' t i, , ; - '~ " " : i , :' : r ' ~ suo-cltwse {e}-ln aud-iiejction(u) , the ' ·\t'efareme , : w i~ sections (5), (7) and (8) of section sa of the in~~:~c\rl}9~ 926(b) ls-8 haa been substituted by r~fer~ce to sub-section (1), (4) and (5) of section ,255 of the l;ncome-tax act, 1961 clause 24 introduces two new sub-eections in section 25 to provide that the commissioner cannot pass an order in revision prejudicial 10 the assessee - after the expiry of two years from the date of the onier sought to be revised except where such order is passed in consequence of or to give effect to any finding or direction contained iii an order of the appellate tribunal, the high court or the' supreme court this is in line with sub-section (2) and (3) of seetio) i 263 of the income-tax act, 1961 clause 25 seeks to amend section 26 whereby an order imposing a penalty passed by the commissioner under section 18 is made appealable to 'the ,tribunal clause 26-sub-clause (a) substitutes the existing sub-sections (1) and (2) of section 27 by new sub-sections the following changes have been made to bring the provisions in line with those of section 256 of the income-tax act, 1961:-(a) the time within which an application should be made to the tri,bunal to refer a question of law to the high court has been reduced from 90 days to 60 days; (b) the tribunal has been required to dispose of the applica~ion within 120 days; and (c) the tribunal's power to condone delay in entertaining a reference application has been restricted to 30 days sub-clause (b) makes a drafting change of a procedural nature substituting the words '90 days' for '3 months' in section 27 (3) sub-clause (c) introduces a new provision enabling the tribunal to refer a question of law direct to the supreme court if there is conflict in the decisions of high courts on that question this is in line with section 257 of the income-tax act, 1961 sub-clause (d) applies the procedural provisions of sub-sections (4), (5) and (6) of section 27 to direct reference to the supreme court also sub-clause (e) -sub-sections (7) and (8) of section 27 have been sub'stituted by a new sub-section, ~odened on section 260(2) of the income-tax act, 1961 to provide that the cost of a reference to the supreme court excluding the fee for making the reference shall be in the dijcretlon of that court as in the cue of a reference to the high court the existing sub-section (7) is deleted from seetion 2'1 as separate provision is made for refunds in the new cbapter viia su~ion (9) having become redundant has been deleted clause 27 introduces two new sections 29a and 29bthe new section 29a provides that tax will be payable according to the assessment made notwithstanding that a reference has been made to the high court or supreme court or an appeal preferred to the supreme court this is in line with section b of the income-tax act, 1961 the new section 29b specifies in jurisdiction of high courts in respect of the various states as well as union territories this provision is in line with section 289 of the income-tax act, 1961 clause 28-this clause substitutes the existing sections 30, 31 and 32 by new sections (i) in section 30, interest, fine or any other sum payable under the act has also been mentioned the reference to the time within which the amount due is to be paid has been omitted as the time for payment is prescribed under section 31 the new section is based on section 156 of the income-tax act, 1981 (ii) section 31 has been redrafted to bring its provisions in line with those of section 220 of the income-tax act, 1961 the changea made are:-(a) for the sake of uniformity the time limit for payment has been specified as 35 days in normal cues as a measure of safeguard it has been }mwided that this period may be reduced in cases where it will -be detrimental to revenue to allow'1o much time ('b) it has been provided that the ul!lsee abal1 be liable to pay simple interest at 4: per cent per annum from the date of expiry of the time speclfled in the notice of demand if the amount on which the interest is payable fa reducecl in appeal, etc, the amount of the interest would alao be proportiodately reduced (c) a speci& provision has been made authorising the wealth-tax oftlcer to extend the time for payment or allow payment by instalments subject to conditions which he may impose (iu) section n baa been redrafted to apply the provisions of hctlons 221 to 227, 229, 231 and 232 of the income-tax act and the second and third schedules to that act add the rules framed act ,tlnder the new sectiona uaifdrm 'pnx:edure for effecting, recovery wiu be followepin all the sta~es i - - ,-;-' • , clause 29 omits section 34 as a comprehensive provision in this regard is being introduced in the inconie-tax aet: ' ' c14us~'i3if,-hit~~eei'-a' ri~w p%visfoil '00 the lines of chapter xix of the income-tax act, 1961 requiring that 'if a refund ,becciines 'diieto 'an a:sses$-ee 'in 3ppeal, etc;, 'the wealth-tax ~eerwinrefund 'the amount without ihe assessee having to make 'a' claim 'for it the wealth-tax officer has been empowered to withhold refunds 'or set 11 oft' -against any ludount due from the 8itis_ '4n qttl'tain ,circumstances p~iaioa,'hai, ,alao ~ made £or,jj~~t,qt·~terest st'the qt~of 4 per :ce-t per nlilum to the 8s~,if a relund ~s not granted within the prescribed period or wit~e~d in !!ertain circumstances ' , ' , ' cwwfe 31 introduces a new section whereby if any assessee " cr,at~~ a chafgeon or transfers any qf his ~s to any ~on with ,~be in~tipn t9, defraud the, feyenue, s1i~h, ~~e ~t tf~er, would '' be _yoid~ ~gainst thefevfm~~ ~c~pt, ~h~~~ the, ch~~e or ~r,ansfer has been made~ val}1able ~qdsid,ration aj)d withput notice of the pendency of the' wealth-tax proceeding the provlsionis "on the '1in~ of sec1:iol'l isl of the incometax' am, 1961 ' t"" ' ' " :;, "r if;; ~ ,_ - clause 32 'substitutes a new section for' the existj!lf!~ ~ction 35 of the wealth-tax act and brings the provisions in line with the ' ~et)tt~rt4ihg ·provisions- of section 154 of the income-tax act, 1961 , ,a: 'fpeclfie "'provision is made; whereby the 8jn()unt bf, tax, ~nalty , r ot·idteteltdew1'inintd ag a result ·,ofthe first e~ or revision against' the omm' refmed to in section' 2 (in)(ill~ " ii- paid 'within six months of the date of the appeal orrevislcwl ordet '~d be illlovy~·ful·ji ,d~uctioq to the extent such tax, ~ty ,or interest ~' ~~w~in ~~ the assessment by, ~tiprl of suc'h ~sld~!lt - ~, the rectification was recijtication of ;~ lpistake ap~r~t: ~ "the records " '" "(, r~'ii a;,l;'~z~· ",(a) 'omite ftmri 'seeti6ft' 18(1jthe words 'on conviction before a magistrate' this is in line with ~on 276 of the inoom-~tfx, act" 1961 sub'~tau~e(~j ~tibs~hutes'for the ~xist1ng ptrltialunenf ~p~vided in section '38(2) of'simple imprisonment up to one y_ ora fine of rs '1,000 or botp,a·~vjw~-r·r~tlllpj~tfor a'ftrlnimum ",term of,~ ~nt~ ,(\ii1leh ther~ate aciequate-'rl!qorur to'the ccm~rary ·t,!9,be recerde4!in ~ j~cigm~t),· 8nda·mu~uurnn of fwo"ears '!'hi!; is in line with section 277 of the income-tax act, 1961 s1lb~laus~ (c) ii?-tr~duces a new provision making a,betmetlt of evasion of \ivealth-iax an ofteilce'" piuifshable 'with 'rigo~ imprison- ment fo; a mfriunuii periodof'six months (unless there are adequate reasons to the:cotitr~i-y recorded in the judgment) and a maximum term of two years \ this provision is on the 1~ of seetion 2"18 of the income-tax act, 1961 ' sub-oaw,e (d) suhatitutesa new sumection (5) for the existing ~latiatioo under the existing provisions, presidency magistrates, magistrates of the 1st class and magistrates of the second class specially e~po~~red ~iw ~ w~ce 9f offen~ unt;ie;r the act the amendm~t' ,propo~~,a i~ ,tbi$ s\ib-,cl~u$e oiplts t:l~ial1y empowered ma~trat~ q~ t~ j:mconc;l cl~~ , " , ,- ' · the ' changes'proposed wili' b'img' th~ provisionsin line with sections 278 and 292 of the income-tax act; 1!h)1>-' ~" , · czaus~ 34 hltj"oduces ~ newseetion36a empowering the central · gove'riuru,intwitha'view t6 obtaining 'evidence of any pers~n connectecl' with concealment of particulars of net wealth or evasion of payment of tax on the net wealth, to tender ~o such pepon ijnmunity from prosecution for 'any offence as also from the imposition of any · penalty under thiaaat 'bietldcler·of ijmluoity tl be withdrawn if it appears to th'e centitll'government th8t "the person to whom the 'btimtfrlty 'wutedlileld :t: dot oeinpued witll the conditions on whicb<'iuch hrmuaity wal'cnnted 'gl' fa ,wutully ooneealidg· anything oil' giving tfalle evidence- ~s is in line with section 291 of the liacom&4ax,- act, 1181 ~ ", - a i , ' !'; · ~ 95 substitute a new section for the existing section 37 and ~ ' vesta,'additional powers in the wltalth-tax ofticer, appellate assis- ·t8ll,t ~n",; commillioael' ancl:tbe appehate~ tribuiial to ~ihepf¢~oj):of ~·of··atc01ldts-·tiklal;b ~to these a~~\i8e ijlq:pow~ toimpound and retain in tbcr1r'custody such · 'boog:-~ ~"' ~ ip~d~ewthe authmttu· 'liinpbwered < :to~~ ~tjifljave eleobeed qested withthe-pbwento impose upon persons who deliberately default from complying wl~ the same a flne not exceeding, rs~ ~t is also provided that any proceeding wadllrthe:aot wftlre a·'\ftiith-taxwthoritj· or'thetrihunalshall be 4eeuied to be fudfetal proeeet:urig'for the purpos~ of sectton 196 of tile liklta peti"j'coc:le" , , - " -- : " : " · f''', ~;," "\ ~~,' ~ ~t ii , r: ( , 'rbai& provw~ !are- ia",&e«withllmtioni 1-'1 arid 1·36 of the ,: ldc~tax ~act,r" - ' j' ' ;" ' ;, r, ':' - -~ ,> - , clause 36 introduces a new section on the lines of section 132 of the income-tax act enabling the commissioner of wealthtax to authorise under certain circumstances the inspecting assistant commissioner or the wealth-tax ofticer to make a search for any such books of account or documents in any premises and seize them and also to make an inventory of the articles or things (including m')neys) so siezec:l provision is made for a person objecting to such seizure to make an application to the board it is also provided that the board may make rules relating to searches under - this section clause 37 inserts a new proviso to section 39 providing that in the event of one wealth-tax authority being succeeded by another, the assessee mey demand that before the proeeedidgb are continued he may be heard again the provision corresponds to section 129 of the income-tax act, 1961 claube 38 introduces a new provision on the lines of section 283 of the income-tax act 1961 describing the procedure to be adopted for service of notice where ii joint hindu family is disrupted cl4use 39 effects the following amendments:-(i) the propotednew section 44 providet that every penon who would be entitled to represent an 8i8e8iee before an income-tax authority or the tribuul-udder section 288 of the income-tax act ' would' ~" entitled to appear in wealth-tax cases also subject to certain exceptions those pel'iona who have been convicted of an offence connected with any wea1thtax proceeding or on whom a penalty under section 18(1) (c) has been imposed, and persons who are not qualifted to represent an i8ie1'bee under the indian income-tax ad, 1922, the eatate duty act, 1953, the expenditure-tu act, 1957 or the gifttax -act, 1958 would mo be dfaqua1jfled from appearing in wealth-tax cases it is also provided that iuch a perioil 11 not to· be dtlqualffted without being giveil a reumable opportunity of befllg heard, and that he wlll have a right of appeal to the bocri \, (11) a ~ 8ect1on 44a is introdueed whlch empowen the central ~mment to enter into an agreement with the ~ ernment of ·any recipliocattng country for the avoidance or reuef of double taxation with r8pect to the wealth-to: payable under this act andwlder the corre8pond:ing jaw in force 'in the reciprocating country th1l is in line with ~' 90 of 'the income-tax act, 1181 (in) a new section 44b is introduced to provide for unilateral relief being allowed in respect of assessments made under this act on the foreign wealth of an assessee which may have been doubly taxed ccmaequent to the levy of wealth-tax by a foreign country this is in line with section 91 of the incometax act, 1961 i clause 40 seeks to modify the provisiods of sub-section 4 of section 46 on the lines of section 296 ·of the income-tax act, 1961 clause 41 substitutes the references to sections 8, 9, 10, 12, paragraph (b) of the proviso to section 10 (2) (via) and 10 (2) (vib) to the corresponding provisions of the income-tax act, 1961 namely chapter iv other than the provisions under heads of income 'a-salaries and e-capital gains' and sub-section (2) of section 33 and section 34 respectively i i ~ -' the officers who administer the income-tax aet':itiminlster the wealth-tax act also this bill is, therefore, not likely to involve any add!tionnl expenditurefot:- the present clause 7 of the bill empowen the board by virtue of the existing powers under section 46 of the act to frame rules regarding the valuation of assets for purposes of section 7 (1) and·to prescribe the adjultments in the computation of net wealth made under the provisions of section 7 (2) <a> clause 36 seeks to introduce a new section 37a vesting in wealthtax authorities certain powers relating to search and seizure, and it is proposed to vest the board with the power to make rules in this regard clause 39 seeks to substitute inter alia a new section for section 44; the new section 44 enables the board to prescribe the authority for the purposes of clause (il) of sub-section (2) of that section the matters in respect of which rules will be made are matters of procedure, form or detail the delegation of legislative powers is, therefore, of a normal character 9z6(b) ls-7 annexure extracts from the wbalth-tax act, 1957(27 of 1957) - - - - - dejlnitiona z in this act, unless the context otherwise requires,-- - - - (b) "appellate tribunal" means the appellate tribunal appointed under section 5a of the income-tax act; (c) "assessee" means a person by whom wealth-tax or any other sum of money is payable under this act, and includes every person in respect of whom any proceedings under this act, has been taken for the assessment of the value of his asse'ts; (d) "assessment year" means the year for which tax is chargeable under section 3; (e) "assets" includes property of every description, movable or immovable, but does not include-- - - - - (ii) any building owned or occupied by a cultivator or receiver of rent or revenue out of agricultural land: - - - - - (v) any interest in property where the interest is available to an assessee for a period not exceeding six years; - - - - - (j) "income-tax act" means the indian income-tax act, 1922; 11 of 1922 - - - - - (m) "net wealth" means the amount by which the aggregate value computed in accordance with the provisions of this act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets required to be included in his net wealth as on that date under this act, is in excess of the aggregate ~lue of all the debts owed by the assessee on the valuation date other than,-(i) debts which under section 6 are not to be taken into account; (ii) debts which are secured on, or which have been incurred in relation to, any asset in respect of which wealthtax is not payable under this act; and - - - - (q) "valuation date", in relation to any year for which an assessment is to be made under this act, means the last clay of the previous year as defined in clause (11) of section 2 of the income-tax act if an assessment were to be made under that act for that year: provided that where in the case of an assessee there are di1ferent previous years under the income-tax act for different sources of income, the valuation date for the purposes of this act shall be the last day of the last of the previous years aforesaid; - - - - - - (8) "wealth-tax officer" means the income-tax officer authorised to perform the functions of a wea1thtax ojcer under section 8 3 subject to the other provisions contained in this act, there char1t'he of wea -shall be charged for every financial year commencing on and from t&x the first day of april, 1957 a tax (hereinafter referred to as wealthtax) in respect of the net wealth on the corresponding valuation date of every individual, hindu uadivided family ~nd company at the rate or rates ~pecifted in the schedule 4 (1) in computing the net wealth of an individual, there shall net - w~fu~ be mcluded, as belongtng to himinclude (a) the value of assets which on the valuation date are certain held-- -~ uhti (i) by his wife to whom such assets have been trans-ferred by the individual, directly or iiidirectly, otherwise 'than for adequete consideration or in connection with an agreement to live separately, or (ii) by a minor chud not being a married daullhter to whom such assets have been transferred by the individual otherwise than for adequate consideration or (iii) by a person or association of persons to whom such assets have been transferred by the individual otherwise than for adequate consideration for the benefit of the fndividual or his wife or minor child, or' exp14nation-for the purposes of this section the expression "transfer" includes any disposition, trust, covenant, agreement or ariangement, and "an irrevocable transfer" includes a transfer of assets which, by the terms of the instrument effecting it, is not revocable for a period exceeding six years or during the lifetime of the transferee --bemptiona in l'mpectof c:ertaln assets 5 (1) wealth-tax shall riot be payable by an auele in respect of the following 8811ets, and such assets shall not be includecl in the net wealth of the euee - - - - - - (~ii) the amount standillg to the credit ot en assessee, being a salaried employee, in any provident fund maidtained by his employer to which the provident funds act, 192:), appues 19 of uju or which ia a recognised provideot fwld within the meaning of chapter ixa of the incom~tax act; - - - - - (3) notwithstanding anything contained in sub-section (1), wealth-tax shall be pafab1e by an assessee in respect of the assets referred to in clause~;(xvi), clause (m), clause (xx) of sub-aection (1) or in sub-section (2) for any assessment year unless the assets are held by hlm-- - - - - provided that for the purpose of making any assessment for the financial year commencing on the 1st day of april, 1963, the provisions of clause (b) shall not apply to ten year defence deposit certificates and twelve year national defence certificates held by the assessee on the relevant valuation date exelulion of and outside india6 in computing the net wealth of an individual who is not a citizen of india or of an individual or a hindu undivided family not resident in india or resident but not ordinarily resident in iddia, at· of a cf)mp8ny not resident in india during the year ending un the valuation dateand (i) the value of the assets and debts located outside india; ' ' , - , --~--~ (ti) the value ·of the asiets in india represented by any ' ' low 0'1 debts owing to the assessee in eny case where the interest, if any, payable on sueh·loans or debt1i is not to be included in the total income of the assessee under sub-section (3) of section 4 of the income-tax act; shall not be taken into account - - - - - t (1) the value of any asset, other than cash, for the purpoi8i value of of this act, shall be estimated to be the price which in the opinion uleta of the wealth-tax officer it would fetch if sold in the open market how to on the valuation date be deter_ mined (2) notwithstanding anything contained in sub-section (1),-(4) where the assessee is carrying on a business for which accounts are maintained by him regularly, the wealth-tax: ofticer may, instead of determining separately the value of each asset held by the assessee in such business, determine the net value of the assets of the business as a whole having regard to the balance-sheet of such business ilti on the valuation date and making such adjustments therein as the circumstances of the case may require; - - - - 8 every income-tax officer having jurisdiclion or exercising wealthpowers as such under the income-tax act in respect of any indivi- tax dual, hindu undivided family or company shall perform the func otllcera tiona of a wealth-tax otbcer under this act in respect of such individual, hindu undivided family or company - - - - - 12 the wealth-tax officers shall be subordinate to the commis- wealthsioner of wealth-ax and the inspecting assistant commissioner of tax ~be wealth-tax within whose jurisdiction they perform their functions :~~i­nate to tbe commissioner of wealth_ tax and the inspecting aulatant commissioner of wealth-- - • tas 14 (1) every person whose net wealth on the valuation date was :returdvl of such an amount as to render him liable to wealth-ax under this wealtb act ehali before the thirtieth day of june of the corresponding assessment year, furirlsh to the wealth-tax ofticer a return in the pi'eserfbed form end verifted in the prescribed manner setting forth his net wealth as on that valuation date: provided that for the assessment year commencing on the flrst day of april, 19~7, the return may be made at limy time ·before the thirty-first day of december, 1957 (2) if the wealth-tax offtcer is of the opinion that the net wealth of any person is of such an amount as to render him liable to wealth a5a~8-ment tax under ~ act, then, notwithstanding anything contained in subsection (1) he may serve a notice upon such person requiring him to furnish within such period, not being less than thirty days, as may be specified in the notice, a return in the prescribed form and verified in the prescribed manner, setting forth (along with such other particulars as may be required by the notice) the net wealth of sueh person as on the valuation date mentioned in the notice - - - - 18 (1) if the wealth-tax officer is satisfied without requiring the presence of the assessee or production by him of any evidence thet a return made under section 14 is complete, he shall assess the net wealth of the assessee and detennine the amount payable by him as weelth-tax - - - - - - (3) the wealth-tax officer, after hearing such evidence as the person may produce and such other evidence as he may require on any specified points, shau, by order in writing, assess the net wealth of the assessee and determine the amount payable by him as wealthtax (4) for the purpose of making an assessment under this act the wealth-tax officer may serve, on any person who has made a return under sub-section (1) of section 14 or upon whom a notice has been served under sub-section (2) of that section, a notice requiring him to produce or cause to be produced on a date specified in the notice such accounts, records or other documents as the wealth-tax officer may require (5) if any person fails to make a return in response to any notice under sub-section (2) of section 14, or fails to comply with the tenns of any notice issued under sub-section (2) or sub-section (4), the wealth-tax officer shall make the assessment to the best of his judgment and determine the amount payable by the person as wealth-tax on the basis of such assessment 17 if the wealth-tax officer-wealth escapm, assailment (a) has reason to believe that by reason of the omission or : failure on the part of the assessee to make a return of his net wealth under section 14 for any assessment year or to disclose fully and truly all material facts necessary for hi assessment for that year, the net wealth chargeable to tax has escaped assessment for that year, whether by reason of under-assessment _ or ~sses8ment at too iowa rate or otherwise; or (b) has, in consequence of any information in his possession,reason to, believe, notwithstanding that there has been no such omission or failure as is referred to in clause (a), that the net wealth chargeable to tax has escaped assessment for any year, whether by reason of under-assessment or assessment ~t too iowa rate or otherwise; he mey, in cases falling under clause (a) at any time within eight years and in cases falling under clause (b) at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 14, and may proceed to essess or reassess such net wealth, and the provisions of this act shall, so far as may be, apply as if the notice had issued under that sub-section 18 (1) if the wealth-tax officer, appellate assistant commis- penalty sioner, commissioner or appellate tribunal in the course of any for con_ proceedings under this act is satisfied that any personcealment (a) has without reasonable cause failed to furnish the return of his net wealth which he is required to furnish under sub-section (1) or sub-section (2) of section 14 or section 17 or has without reasonable ceuse failed to furnish it within the time allowed and in the manner required; or (b) has without reasonable cause failed to comply with a notice under sub-section (2) or sub-section (4) of section 16; or (c) has concealed the particulars of his assets or deliberately furnished inaccurate particulars of his assets or debts; he or it may, by order in writing direct that such person shall pay by way of penalty-(i) in the case referred to in clause (a), in addition to the amount of wealth-tax payable by him, a sum not exceeding one-and-a-half times the amount of such tax, and (ii) in the case referred to in clause (b) or clause (c), in addition to the amount of wealth-tax payable by him, a sum not exceeding one-and-a-half times the amount of the tax, if any, which would have been avoided if the net wealth returned by such person had been accepted as correct (2) ,no order shall be made under sub-section (1) unless the person aoncerned has been given a reasonable opportunity of being heard (3) no prosecution for an offence under this act shall be instituted in respect of the same facts in relation to which a penalty has been imposed under this section (4) the wealth-tax oftlcer shan not impose arty penalty under this section without the previous approval of the inspecting assistant commiaianer of weatth-tax ayessn (1) in the case of assets chargeable to tax under this act ment which are held by a court of wards or· an administrator-genera'! or when an ofrcial trustee or any receiver or manager or any other person, =~yare by whatever :aame called, appointed under any order of a court to courts of manage property on behalf of another, or any trustee appointed wards, ad- under a trust declared by a duly executed instrument in writing ministrawhether testamentary or otherwise (including a trustee under a torl-gene- valid deed of wakf), the wealth-tax shall be levied upon and rfal, etc recoverable from the court of wards, administrator-general, oftlcial trustee, receiver, manager or trustee, as the case may be, in the like manner and to the same extent as it wo~d be leviable upon and recoverable from the person on whose behalf the assets are held, and the provisions of this act shan apply accordingly (2) nothing contaided in 6ub-section (1) shall prevent ·ither the direct as&eiisment at the penon on whose behalf the assets above referred to are held, or- t!ie'"2'8covery from such pel"son of the tax payable in respect of such ts (3) where the guardian or trustee of any person being a minor, lunatic or idiot (all of which persons axe hereinafter in this sub-~ section included in the term "beneficiary") holds any assets on lj~half of such beneficiary, the tax under this act shail be levied n and recoverable from such guardian or trustee, as the case may be in the like manner and to the same extent as it would be leviable do and recoverable from any such beneficiary if of full age or ~loud mind ad in direct ownership of such assets (4)\ notwithstanding anything contained in this section, where the sh; ares of the persons on whose behalf any such assets are held are mct~etenntnate or unknown, the wealth-tax may be levied upon and rr-:covered from the court of wards, administrator-general, oftleijai trustee, receiver, manager or other person aforesaid as if the persons on whose behalf the assets are held were an individual for th~ purposes of thia act 22 (1) - - - (2) any person employed by or on behalf of a person referred to in sub-section (1) or through whom such person is in the receipt of any income, proflts or gains, or who is in poueuion or hal cuitodyof any- aqet of luch penon and upon whom the wealth·tax assess ' " mento'" persona' , reaiclin& outalde indio officer has caused a notice to be served of his intention of treating him as the agent of such person shall for the purposes of sub-section (1), be deemed to be the agent of such person: provided that-(1) no person shall be deemed to be the agent of another under this section unless he has had an opportunity of being heard by the wealth-tax officer as to his being treated as such; and (2) no agent shall be liable to pay any amount by way of wealth-tax under sub-section (1) in excess of the amount belonging to the person residing outside india and in the hands of the agent at the time the notice of demand is served on him - 23 (1) any person,-(4) objecting to the amount of his net wealth determined under this act; or - appeal to the appel late asaistantcomtrissioner from (d) objecting to any penalty imposed by the wealth-tax officer under section 18; or older~ of wealthtax officers (f) objecting to apy penalty imposed by the wealth-tax officer under the provisions of sub-section (1) of section 46 of the income-tax act as applied under section 32 for the purposes of wealth-tax; may appeal to the appellate assistant commissioner against the assessment or order, as the case may be, in the prescribed form and verified in the prescribed manner 24 (1) any assessee objecting to an order passed by an appel- appeal to late assistant commissioner under section 23 may appeal to the the ap-appellate tribunal within sixty days of the date on which he is fe!:al served with notice of such order rl from orders 01 the (3) the tribunal may admit an appeal after the explry of the appellate sixty days referred to in sub-sections (1) and (2) if it is satisfied assistant that there was sufficient cause for not presenting it within that commis_ period sioners - - - 926 ls-8, (6) where the appellant objects to the valuation of any pr0-perty, the appellate tribunal may, and if the appellant so requires shall, refer the question of the disputed value to the arbitration of ~wo valuers, one of whom shall be nominated by the appellant and the other by the respondent, and the tribunal shall, so far as that question is concerned pass its orders under sub-section (5) conformably to the decision of the valuers: provided that if there is a difference of opinion between the two valuers, the matter shall be referred to a third valuer nominated by agreement, or failing agreement, by the appellate tribunal, and the decision of that valuer on the question of valuation shall be final (7) the costs of any arbitration proceeding under sub-section (6) shall be borne by the central government or the assessee as the case may be, at whose instance the question was referred to the valuers: pirovided that where the assessee has been wholly or pal'tially successful in any reference made at his instance, the extent to which the costs should be borne by the assessee shall be at the discretion of the appellate tribunal (8) the valuers may, in dis~sing of any matter referred to them for arbitration under sub-section (6), hold or cause to be held such inquiry as they think fit, and after giving the appellant and the respondent an opportunity of being heard, pass such orders thereon as they think fit and shall send it copy of nch order to the appellate tribunal - - - - - - (11) the provisions of sub-sections (5) (7) and (8) of section sa of the income-tax act shall apply to the appellate tribun8! in the discharge of its functions under this act as they apply to it in the discharge of its functions under the income-tax act - - - - 26 (1) any assessee objecting to an order of enhancement made by the commissioner under section 25 may appeal to the appellate tribunal within sixty days of the date on which the order is communicated to him appeal to the appellate 'rribunal from orderllof nhllncemen~ by commis-~lon£r8 reference to high court - - - - - - 27 (1) within ninety days of the date upon which he is served with an order under section 24 or section 26, the assessee or the commissioner may present an application in the prescribed form and, where the application is by the assessee, accompanied by a fee of one hundred rupees to the appellate tribunal requiring the appellate tribunal to refer to the high court any question of law arising out of such order, and the appellate tribunal shall, if in its opinion a question of law arises out of such order, state the case for the opinion of the high court (2) an application under sub-section (1) may be admitted after the expiry of the period of ninety days aforesaid if the tribunal is satisfied that there was sufficient cause for not presenting it within the said period (3) if, on an application made under sub-section (1), the appellate tribunal,-(a) refuses to state a case on the ground that no question of law arises; or (b) rejects it on the ground that it is time barred; the applicant may, within these months from the date on which he is served with a notice of refusal or rejection, as the case may be, apply to the high court, and the high court may, if it is rwt satisfied with the correctness of the decision of the appellate tribunal, require the appellate tribunal to state the case to the high court, and on receipt of such requisition the appellate tribunal shall state the case: provided that, if in any case where the appellate tribunal has been required by an assessee to state a case the appellate tribunal refuses to do so on the ground that no question of law arises, the assessee may, within thirty days from the date on which he receives notice of refusal to state the case, withdraw his application, and if he does so, the fee paid by him under sub-section (1) shall be refunded to him (4) the statement to the high court shall set forth the facts, the determination of the appellate tribunal and the question of ~aw which arises out of the case (5) if the high court is not satisfied that the case as stated is sufficient to enable it to determine the question of law raised, thereby, it may require the appellate tribunal to make such modifications therein as it may direct (6) the high court, upon hearing any such case, shall decide the question of law raised therein, and in doing so, may, if it thinks fit, alter the form of the question of law and shall deliver judgment thereon containing the ground on which such decision is founded and shall send a copy of the judgment under the seal of the court and the signature of the registrar to the appellate tribunal and the appellate tribunal shall pass such orders as are necessary to dispose of the case conformably to such judgment (7) where the amount qf any assessment is reduced as a result of any reference to the high court, the amount, if any, overpaid as wealth-tax shall be refunded with such interest as the commissioner may allow, unless the high court, on intimaticm given by the commissioner within thirty days of the receipt of the result of such reference that he intends to ask for leave to appeal to the supreme court makes an order authorising the commissioner to postpone payment of such refund until the disposal of the appeal in the supreme court (8) the costs of any reference to the high court shall be in the discretion of the court (9) section 5 of the indian limitation act, 1908, shall apply to 9 of 1908 an application to the high court under this section - - - - - - notice of derrand 30 when any tax or penalty is due in consequence of any order passed under this act, the wealth-tax officer shall serve upon the assessee or other person liable to pay such tax or penalty a notice of demand in the prescribed form specifying the sum so payable and the time within which it shall be payable recovery of tax and penalties 31 (1) any amount specified as payable in a notice of demand issued under section 30 shall be paid within the time, at the place, and to the person mentioned in the notice, or if no time is so mentioned, then on or before the first day of the second month following the date of service of the notice, and any assessee failing so to pay shall be deemed to be in default (2) where an assessee has been assessed in respect of assets located in a country outside india, the laws of which prohibit or restrict the remittance of money to india, the wealth-tax of'ficer shall not treat the assessee as in default in respect of that part of the tax which is attributable to the assets in that country, and shall continue to treat the assessee as not in default in respect of that part of the tax until the prohibition or restriction of remittance is removed (3) notwithstanding anything contained in this section, where an assessee has presented an appeal under section 23, the wealthtax oft\cer may in his discretion treat the assessee as not being in default as long as such appeal is undisposed of 32 the provisions of sub-sections (1), (1 a), (2), (3), (4), (5), mode ot (sa), (6) and (7) of section 46 and section 47 of the income-tax act recovery shall apply as if the said provisions were provisions of this act and referred to wealth-tax and sums imposed by way of penalty under this act instead of to income-tax and sums imposed by way of penalty under that act, and to wealth-tax oftlcer and commissioner of wealth-tax insteadof to income-tax officer and commissioner of income-tax - - - - - - 16 of 1908 m where any document required to be registered under the restrieprovisions of clause (a), clause (b), clause (c) or clause (e) of sub- tionson section (1) of section 17 of the indian registration act, 1908, t=lllt;apurports to transfer, assign, limit or extinguish the right, title or \lans~~rs interest of any person to or in any property other than agricultural (·t immov_ land valued at more than one lakh of rupees, no registering officer able proappointed under that act shall register any such document, unless jjer1yin the wealth-tax officer certifies that-('ertam cases (a) such person has either paid or made satisfactory provision for the payment of all existing liabilities under this act or (b) the registration of the document will not prejudicially affect the recovery of any existing liability under this act chapter vui miscellaneous35 at any time within four years from the date of any order rtdlftea passed by him, or it, the commissioner, the wealth-tax officer, the ti\)n of appellate assistant commissioner and the appellate tribunal may, ~lllstak on his, or its, own motion rectify any mistake apparent from the record and shall, within a like period, rectify any such mistake which has been brought to the notice of the commissioner, the wealth-tax officer, the appellate assistant conunissioner or the appellate tribunal, as the case may be, by an assessee: provided that no such rectification shall be made which has the effect of enhancing the assessment unless the assessee has been given a reasonable opportunity of being heard in the matter 36 (1) if a person fails without reasonable cause-prosecu-(a) to furnish in due time any return mentioned in section tic"" 14; (b) to produce, or cause to be produced on or before the date mentioned in any notice under sub-section (2) or subsection (4) of section 16 such accounts, records and - documents as are referred to in the notice; (c) to furnish within the time specified any statement or information which such person is bound to furnish to the wealthtax officer under section 38; he shall, on conviction before a magistrate, be punishable with fine which may extend to ten rupees for every day during which the default continues (2) if a person makes a statement in a verification mentioned in section 14 or section 23 or section 24 or section 26 which is false, and which he either knows or believes to be false, or does not believe to be true he shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both - - - - expzanation-for the purposes of this section, "maptrate" means a presidency magistrate, a magistrate of the first class or a magistrate of the second clallll specially empowered by the central government to try offences u1\der this act power to take evi_ dence on oath, etc 37 the commissioner, the wealth-tax ofticer, the appellate assistant commissioner and the appellate tribunal shall, for the purposes of this act, have the same powers as are vested in a court under the code of civil procedure, 1908, when trying a suit in res- 5 of 1908 peet of the following matters, namely:-(a) enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (ci) issuing commissions for the examination of witllesaes; and any proceeding before the commissioner, the wealth-tax offlcer, the appellate assistant commissioner or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections la and 228 of the indian penal code 450i 1860 - - - - - - meet of 39 whenever in respect of any proceeding under this act any transfer of wealth-tax authority ceases to exercise jurisdiction and is succeeded authorities by another who has and exercises such jurisdiction, the authority so succeeding may continue the proceeding from the stage at which appendthe proceeding was left by his predecessor' ing proceedings - - - - - - 44 any assessee who is entitled to or required to attend before appearany wealth-tax authority or the appellate tribunal in connection ance with any proceeding or inquiry l1 'lder this act, except where he is ~::~ required under this act to attend in person, may attend by a person tax nuthoauthorised by him in writing in this behalf, being a relative of, or a rities by person regularly employed by, the assessee or a legal practitioner authorised or a chartered accountant or any other person having such qualiftr~resent ' b 'bed tatlves ea ions as may e prescrl , explanation-for the purposes of this section,-(a) the expression, "a person regularly employed by the asse8$ee" includes any officer of a scheduled bank with which the assessee maintains il current account or has other regular dealings; la ':f 1941 power to make rules (b) "chartered accountant" means a chartered accountant as defined in the chartered accountants act, 1949 - 46 (1) - - • - - - - - • - • - • (4) all rules made under this act shall be laid before each house of parliament, as soon as may be, after they are made, and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immediately following ,; -', -! l'wp the schedule (see section 3) - • - rates of wealth-tax - • - part iiin the case of every company:-(i) on the first rupees five lakhs of net wealth nil (ii) on the balance of net wealth ~ %: provided that in the case of a company which has incurred a net joss in any year computed in the manner hereinafter provided and which has not declared any dividend on its equity capital in respect of that year the rate of tax for the relevant year shall be 'nil, the loss referred to in the above proviso shall be computed in accordance with the provisions of sections 8, 9, 10 and 12 -of the income-tax act but without deducting the allowances referred to in paragraph (b) of the proviso to clause (vi) of sub-section (2) of section 10, sub-clause (via) and sub-clause (mb) of sub-section (2) of section 10 of that act or the allowance in respect of any losses brought forward from earlier years - - - - - - a billfurther to amend the wealth-tax act, 19s7 (shri t t k~, mutiit of ~)

Parliament_bills

b869965e-63c3-52f3-8cee-7e250402d966

biu no p of 1964 the appropriation (no3) bill, 1964 a billto provide jor the authorisation oj appropriation oj moneys out of the consolidated fund of india to meet the amounts spent on certain services duriftg the financial year ended on the 31st day of march 1962, in e:l:ce" of the amounts granted for those services and for that year be it enacted by parliament in the fifteenth year of the republic of india as follows:-1 this act may be called the appropriation (no3) act, 1164 short title i from and out of the consolidates:! fund of india, the sudli blue of ri s specified in column 3 of the schedule amounting in the aggregate si4046:?7s out ~of the to the sum of five crores, fourteen lakha, forty-six thousand, nine consolidlhwldred and seventy-five rupees shall be deemed to have been :dl:t!jio authorised to be paid and applied to meet the amount spent for meet certain defraying the charges in respect of the services speetfted in column :~r:; for 102 of the schedwe during the financial year ended od the 31st day of the ~ar march, 1962, in excess of the amounts granted for those services and ~;a for that year march, 196z 3 the sums deemed to have been authorised to be paid and ap- appropriaplied from and out of the cojlaolidated fund of india under thi act tion i s shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the ftnancial year ended on the 31st day of march, 1982 i 3 2 \ i services and purposes i excess -s cjw:aed total portion voted portion no of vote -rs ri ra i ministry of commerce and industry 60,803 60,803 10 defence services-effective-navy 61,79,516 12 defence services-non-effective 20,32,111 ministry of education aoa97 13 16 61,79,516 10 20,32,181 20>497 31,57,964 tribalareu · 31,57,964 24 taxes on income incluc1iag corporation tax, etc 11,19,304 ii,19,304 32 14,13,760 miacdlaneous departments and other expenditure ministry of fidance 1idder the · 14,13,760 47 cabinet 87,278 50 police · 23"'76 69 87,278 23"'76 20 52,95,047 labour and bmployment 5295047 86 i8 miniitty of transport and commu-dk:ations •••• 1,1)9,698 p081:s and telepphs-dividead to general revenues and appropriation to reaerve puads a",6 ,517 109,698 2,9663 ligbdloulet and lipuhips 6,63496 6,63496 9' 95 communicatiodl (includiag nadoaal hilhwaya) is,61,54i '15,61,541 128 other capital outlay of the midiau, of irriptlon and power - - $1,897 58,897 s8""91 5,14>46,975 total 5,13,88,0'78 the approp~iatton (no3) bill, 1964 (as introduced in lok sabha) 1 page 2, line 25 -(i) !2!: "appropriation" read "appropriations" (ii) under the head "voted portion",-for "2 9 6 517" read "2 96 63 517" -'" -'" (lii) under the head "total", for "2 96 63", read "2 96 63 517" -" -", lew den!!; april 27 1964 va1ffakhe 7, 1886 (saka) statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of indja read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the appropriations charged on the fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 31st day of march, 1962 t t krishnamachari president's recommendation under article 117 of the constitution of india[copy of letter no f3 (65) -b/63, dated the 13th april, 1964 from shri t t krishnamachari, minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 1962, in excess of the amounts granted for the said services and for that year recommends under clauses (1) and (3) of article 117 of the constitution read with sub-clause (2) of, article 115 thereof, the introduction of the appropriation (no3) bill, 1964, in the lok sabha and also recommends to the lok sabha the consideration of the bill a bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 196~ in excess of the amounts granted for those services and ror that year (shri t t krishnamachar;~ minister of pinimce)

Parliament_bills

c74bc5d2-23c4-5249-b623-1f0a0c1da51b

the indian trusts (amendment) bill, 2009 a billfurther to amend the indian trusts act, 1882be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the indian trusts (amendment) act, 2009short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 of 18822 for section 20 of the indian trusts act, 1882, the following section shall be substituted, namely:—substitution of new section for section 20 investment of trust-money10"20 where the trust-property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee is bound (subject to any direction contained in the instrument of trust) to invest the money on any security or class of securities expressly authorised by the instrument of trust, or by the central government by notification in the official gazette:15provided that, where there is a person competent to contract and entitled in possession to receive the income of the trust-property for his life, or for any greater estate, no investment on any security or class of securities mentioned above shall be made without his consent in writing:provided further that no such consent shall be required where such investment is made in the securities of the government20explanation—for the purposes of this section, the securities, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by the central government or the state government, shall be deemed to be securities of such government" statement of objects and reasonsthe indian trusts act, 1882 (2 of 1882) provides the law relating to private trusts and trustees section 20 of the act states where the trust property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee is bound, subject to any direction contained in the instrument of trust, to invest the money in securities enumerated in clauses (a) to (f) of the said section clause (a) of section 20 provides for investing the trust money in promissory notes, debentures, stock and other securities of the united kingdom of great britain and ireland and clause (b) for bonds, debentures, and annuities charged or secured by parliament of the united kingdom the law commission of india, in its 17th report has, inter alia, recommended for amendments of section 20 and for deletion of the provisions for the securities which have become obsolete2 the indian trusts (amendment) bill, 2009 seeks to amend section 20 and empowers the government to notify a class of securities, for the purposes of investing trust money and it does away with the requirement of case to case approval by the government of 'any security' and provides to the trustees greater autonomy and flexibility to take decisions on investment of trust money based on their assessment of the risk return tradeoff and the relevent provisions of the trust deed it would be consistent with the current economic environment and the present shift from a merit based regulatory regime to a disclosure based regulatory regime3 the bill seeks to enable the central government to notifiy a class of securities for the purposes of investment of trust money by the trustees in such securities and it deletes reference to the outdated and obsolete securities from the act4 the bill seeks to achieve the above objectivesnew delhi;pawan kumar bansalthe 10th february, 2009 annexure extract from the indian trusts act, 1882 (2 of 1882) investment of trust-money20 where the trust-property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee is bound (subject to any direction contained in the instrument of trust) to invest the money on the following securities, and on no others:—(a) in promissory notes, debentures, stock or other securities of any state government or of the central government or of the united kingdom of great britain and ireland:provided that securities, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by any such government shall be deemed, for the purposes of this clause, to be securities of such government;(b) in bonds, debentures and annuities charged or secured by the parliament of the united kingdom before the fifteenth day of august, 1947 on the revenues of india or of the governor-general in council or of any province:provided that, after the fifteenth day of february, 1916, no money shall be invested in any such annuity being a terminable annuity unless a sinking fund has been established in connection with such annuity; but nothing in this proviso shall apply to investments made before the date aforesaid;(bb) in india three and a half per cent stock, india three per cent stock, india two and a half per cent stock or any other capital stock which before the 15th day of august, 1947, was issued by the secretary of state for india in council under the authority of an act of parliament of the united kindom and charged on the revenues of india or which was issued by the secretary of state on behalf of the governor- general in council under the provisions of part xiii of the government of india act,1935;(c) in stock or debentures of, or shares in, railway or other companies the interest whereon shall have been guaranteed by the secretary of state for india in council or by the central government or in debentures of the bombay provincial co-operative bank, limited, the interest whereon shall have been guaranteed, by the secretary of state for india in council or the state government of bombay;(d) in debentures or other securities for money issued, under the authority of any central act or provincial act or state act, by or on behalf of any municipal body, port trust or city improvement trust in any presidency-town, or in rangoon town, or by or on behalf of the trustees of the port of karachi:provided that after the 31st day of march, 1948, no money shall be invested in any securities issued by or on behalf of a municipal body, port trust or city improvement trust in rangoon town, or by or on behalf of the trustees of the port of karachi;(e) on a first mortgage of immovable property situate in any part of the territories to which this act extends:provided that the property is not a leasehold for a term of years and that the value of the property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the mortgage-money;(ee) in units issued by the unit trust of india under any unit scheme made under section 21 of the unit trust of india act, 1963; or(f) on any other security expressly authorised by the instrument of trust, or by the central government by notification in the official gazette, or by any rule which the high court may from time to time prescribe in this behalf:provided that, where there is a person competent to contract and entitled in possession to receive the income of the trust-property for his life, or for any greater estate, no investment on any security mentioned or referred to in clauses (d), (e) and (f)shall be made without his consent in writing lok salok sabhabha———— a billfurther to amend the indian trusts act, 1882————(shri pawan kumar bansal, minister of state in the ministry of finance)

Parliament_bills

4da9f82e-6df6-5103-b64e-6c99475e62e7

as introduced in lok sabha bill no 287 of 2015 the prohibition bill, 2015 byshri kodikunnil suresh, mp a billto provide for prohibition and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the prohibition act, 2015short title and extent(2) it extends to the union territories onlyprohibition2 nothwithstanding anything contained in any other law for the time being in force,the central government shall, within a period of six months from the coming into force of this act, by notification in the official gazette, impose a total prohibition in the union territoriespunishment3 (1) after the issue of notification under section 2, no person shall manufacture, sell,trade, export or import liquor in any union territory5(2) whoever violates the provision of sub-section (1) shall be punished with imprisonment for a term which shall not be less than two years and also with a fine of rupees one lakh10reimbursement of loss to the states4 all states having a prohibition law in force and any state which enacts a prohibitionlaw after the coming into force of this act, shall be reimbursed by the central government, the loss of revenue on account of prohibition for a period of five years to the extent of one-half of such revenue losspower to make rules5 (1) the central government may by notification in the official gazette, make rulesfor carrying out the purposes of this act15 20(2) 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 of both the houses agree that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit has been seen that many of the grave and serious crimes are committed under the influence of liquor youth even at the age of teens have started drinking they follow their role models especially in movies and have made this a regular habit not only the families of those who drink are affected but the government also has to bear the health cost due to frequent medical care required by heavy drinkers some of the state governments are not able to impose prohibition because of a huge revenue they get by sale of liquor in fact, some of the state governments fix a target for sale of liquor during festival seasonsdrinking is not india's culture we have imported it from the west therefore, it is high time of total prohibition is imposed throughout the country initially, some state governments will lose revenue on acount of this and the central government can compensate for a few yearshence this billnew delhi;kodikunnil sureshnovember 18, 2015 financial memorandumclause 4 of the bill provides that the central government shall reimburse the loss of revenue on account of prohibition for a period of five years to the extent of half of such revenue loss to the state government the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india a recurring expenditure of about rupees five thousand crore is likely to be involvedno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legisative power is of a normal character———— a billto provide for prohibition and for matters connected therewith————(shri kodikunnil suresh, mp)gmgipmrnd—3048ls(s3)—03-12-2015

Parliament_bills

badc86a0-6a65-53ed-9293-0fc03a76f7b1

bill no 71 of 1116 rhe indian iron and steel company (acquisition) of shares) bill, 1976 billto provide jot the acquisition of certain shares of the indian iron and steel company limited with a view to securing the proper manage ment ot the affairs of the company and the continuity and development of the production of goods which are vital to the needs of the country and for mtjtters connected therewith or incidental thereto whereas the management of the undertaking of the indian iron and steel company limited was taken over by the central government for a limited period under the indian iron and steel company (taking over 50 ot 1972 of management) act, 1972, in order to secure the proper management ot 5 iuch undertaking; and whereas the top management of the company was guilty of mismanagement of the affairs of the company and restoration, after the expiry of the limited period aforesaid, of the management o~ the affairs of the company to such top management would be prejudicial to the 10 interests of the company and to the public interest; and whereas investment of a large amount is necessary for the maintenance and development of the production of the undertakdngs ot the companyi and whereas acquisition by the central government of an effectiv~ control over the affairs of the company is necessary to enable it to make the investment aforesaid; be it enacted by parliament in the twenty-seventh year of the republic of india as follow!: -s chapter i preliminary1 (1) this act may be called the indian iron and steel company (acquisition of shares) act, 1976 short title and commencement (2) it shall be deemed to have come into force on the 17th day of 10 july, 1976 21- in this act, unless the context otherwise requires,-deftnltlons (a) "appointed day" means the 17th day of july, 1976; (b) "bank" means a banking company within the meaning of the banking regulation act, 1949; is 10 of 1949 (c) "company" means the indian iron and steel company limited, being a company within the meaning of the companies act, 1956, and having its registered office at lisco house, 50, chowrlnghee 1 of 1856 road, calcutta; (d) "cqrnmissioner" means the commissioner of payments 20 appointed under section 5; (e) "notification" means a notification published in the official gazette; (f) "prescribed" means prest'1'ibed by rules made under this act; (g) "share" means a share, whether equity or preference, in the 25 capital of the company, and includes a share pledged by any share· holder with any bank or other creditor, but does not' inc10de any -share in the capital of the company held by-(i) any state govemment; (it) the state 'bank of india, established under sedion 3 of 30 tile state bank of india act, 1955 and its subsidiary banks; 23 of 1955 (iti) the steel authority· of india, a company formed and registered under the companiesacl 1956, and· haying its reps 1 of 1956 tered· ()tftce at hiadu8t8n times hou8e, ka8turba oaadhi mug, new delhi; , g5 (iv) the life insurance corporation of india, established under sectio,n 3 of the life insurance corporation act, 1956; 81 of 1956 '(ti) the unit ,trust of ,1ddia, establisbed under gettion 3 of the ,unit trust of :india act, 1963; 52 of 1868 (vi) any corresponding new bank, within the meaning of the 40 banking companies (acquisition and tramfer of undertllidftgs) act, 1970; 6 of 1970 57 of 1972 (vii) any general insurance company nationalised· by the general insurance business (nationalisation) act, 1972; (h) "shareholder" means a person, who, immectiately, hewr • the appointed day, was registered by the company as the holder of any share; (i) "specified date" means such date as the central govermjlent may, for the purpose of any provision of this act, by notification; specify chapter ii 10 acquisition of the shares of thz company3 (1) on the appointed day, all the shares of the company shall, by virtue of this act, stand transferred to, and vested in, the centraj government (2) the central goverwnent shall be deemed, on and from the is appointed day, to have been registered in the register of members of the company as the holder of each share which stands transferred to, and vested in, it by virtue of the provisions of sub-section: (1) transfer and vesting of shares of the company in the central goye~ menlo (3) all the shares which have vested in the central qovemmej1t under sub-section (1), shall by force of such vesting, be freed and dis-20 charged of all trusts, liabilities, obligati4>ns, mortgages, charges liens and other incumbrances affecting them, and any attachment, injunction or any decree or order of the court, tribunal or other authority restricting the use of such shares in any manner, shall be deemed to have been withdrawn 25 (4) for the remo~al of doubts, it is hereby declared that the provisfons of sub-meiion9 (1) and (2) shall not be deemed to a1fect-(~ any right of the compally subsisting, immediately before the appointed day, against any shareholder to rec~ver from such shareholder any sum of money on the ground that the shareholder has not 30 paid or credited to the company the whole or any part of the value of the shares held by him, or on any other ground wbatloeyer; or (b) any right of the shareholder subsisting, immediately before the appointed day, against the company to receive any dividend or other payment due from the company pa,-ment-gf amounts 3s 4 (1) for the transfer to, and vesting in, the central govemment, under seetioq 3, of th~ shares of tbe comptm1, there shall liven by the central governjdellt to the sharehoyers of the company, in esh in the mlldd8r spectfted in seetfen 6, an anlotlftt· ci rupees leftll err_, twenty-three lakhs, ninety-8ve thousand aadae hdbdred add thlrty-4dseven apd ftfteen paise (2) 'ihe 1iiiloiiiii, refernd ia sub-~ticm (1), carr, simdje interest t the rate of four per cent per ipuiudl for the periocl c ~dd on the apj!olnted day and ending on the date on which payment of such amount is made by the central government to the commissioner s (1) the ceatral government shall, for the purpose of disbursing the amounts payable to the company under section 4, by notification, appoint a commissioner of payments s appointmentof commissioner of pa7-menta (2) 'ibe central government may appoint sueh other persons a5 it may think fit to assist the commissioner and theftupon the commw;oiler may authorise ode 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 10 (3) any person authorised by the commissioner to exercise any of the powen exercisable by tbe commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred 011 that person directly by this act, and not by way of authorisatio~ 15 (4) the salaries and allowances of the commissioner and other per-sods appointed under this section shall be defrayed out of the consolidated fund of india 6 (1) the central government shall, within thirty days from the specified date, pay, in cash, to the comm1ssioner, for payment to the 20 shareholders of the company,-(&> an amount equal to the amount specified in sub-section (1) of section 4; and payment bytbe central government to the commillioner (b) an amount equal to the amount determined under sub-sectien (2) of section 4 2s (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 aceount and the said deposit account shall be operated by the commissioner 30 , (3) the interest accruing on the amount standing to the credit of the deposit account, referred to in sub-section (2), shall ensure to the benefit of the shareholders of the company '7 (1) every shareholder, having a cla~m in relation to any share acquired by this act, shall prefer such claim before the commissioner 35 within thirty days from the specified date: claims to be made to the cmnmja, aioder provitled that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the period of thirty days, he may entertain the claim within a further period of thirty days and not thereafter (2) every shareholder of a preference share shall have a preferential ' claim with regard to the amount paid by the central government to the commissioner examination ot claims 8 on receipt of the claims made under section 7, the commissioner shall separately arrange the claims in relation to preference shares ami in relation to the equity shares and examine the claims in relation to each such share admission or rejection of claim • 5 9 (1) after e!xamining the claims, the commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the disbursements made by the commissioner (2) not less than fourteen days' notice of the date so fixed shall be 10 giveon by advertisement in one issue of the daily newspaper ~n the english language and in one issue of such 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 bis claim with the commissioner within the time specified in the advertisement is (3) every claimant, who fails to file the proo~ of his claim within the time specified by the commiss~oner, shall be excluded from the disbursement made by the commissioner (4) the commissioner sball, after such investigation as may, in his opinion, be necessary, and after giving the company an opportunity of 20 refuting the claim and after giving the claimant a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part (5) the cgmmissioner 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, 25 for the purpose of making an investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of 1908 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; 30 (b) the discovery ani 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 witnesses 35 (6) any investigation before the commissioner shall be deoemed to be a judicial proceeding within the meaning of sections 193 and 228 of 45 of 1860 the indian penal code and the commissioner f;hall be deemed to be ii civil court for the purposes of section 345 and chapter xxvi of the code 2 of 1974 of criminal procedure, 19n , , 40 (7) a claimant, who is dissatisfieod with the decision o~ 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 registered ofbce of the company is situated, disbursement ot money by the com missioner to claimants 18 (1) after admitting a claim under this act, the amount due in respect of each share acquired by virtue of this act shall be paid by the commissioner at the rate of rupees thirty-two and paise seventy-five per preference share, and at the rate of rupees four and paise seventy per equity share to the person or persons to whom such sums are due, anti, s on such payment the liability of the central government in respect of the share so acquired shall stand discharged (2) the commissioner shall also apportion amongst the shareholders, the amount paid to him by way of interest under sub-section (31) of seetion 6 and such apportionment shall be made od the basis of the 10 amount due to each shareholder 11 any money paid to the commissioner which remains undisbursed or unclaimed for a period of three years from the last day on which the disbursement was made, shall be transferred by the commissioner to the general revenue account of the central government; but a claim is to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with a if such transfer had not been made, the order~ if any; for payment of the claim being treated al'l an order for the refund of revenue undis bursed or unclaimed amount to be deposited to the general revenue account power of inspec tion 12 for the purposes of ascertaining whether any person claiming 20 payment under this act is a shareholder, the commissioner shall have the right to- (a) require any person havinll the possession, cu!:;tody or control of any register or record of the company, to produce such register or record before the commissioner 2s \b} require any person to make any statement or furnish any information which may be required by the commissioner chapter iii miscellaneousact to have overrid ing effect 13 the provisions of this act shall han efteet notwithstanding 3'0 anything inconsistent therewith contained in any law, other than this act, or in any instrument having effect by virtue of any law, other than this act penalties 101 if any persod,-(a) makes any claim for any payment under this act, knowing 3s or having reason to believe that such claim is false er without any basis; or (b) when required under this act so to do,-(i) omits or fans to produce any register or record of th~ company; or 40 hi) makes any statement or furnishes any information whicla t!'l false in any material particular and which he knows or believe to be raise or does not believe to be· true; or (c) makes any such statement as aforesaid dn any book, acc(luht, record, register, return or other document, he shall be punishable with imprisonment for a tenn which may extend to two years, or with fine which may extend to two thousand rupees, or s with both menees by companies 1& (1) where an offence under this act has been committed by a company,evoery person who, at the time -the offence was committed, was inehar,ge 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 10 iuuty of the otfence and shall be liable to be proceeded against and punished accordingly: provided that nothing 'contained in ·this 9ub-aeetion shall -render any such person liable to any punishment, if he proves that the offence was committed without his -knowledge or that he had-er:ercised all due r, diligence to prevent the commission of such offenee (2) notwithstanding anything contained in sub-section (1), where any oftence under this act '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, such direetor, manager, secretary or 10 other ofticer shall be deemed to be guilty of that offence and shall be liable to be proceeded ~gainqt and punished accordingly e%plcmation-for the purposes of this section,-(11) 'icompany" means anybody corporate and includes a' firm or other association of individuals; and 2; (b) ''director'', in relation to a firm, means a partner in the firm ,16 no court shall take cognizance of an offence punishable under this act, except with the previous sanction of the central government or of an officer authorised by that government in this behalf 17 (1) the central·government may, by aotification, make rules to 30 carry out 'the provisions of this aet limita_ tion of cognizance of offences power to make rules (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 padiament, while it is in session, for a total period of thirty daya which· may be comprised in one session or in two or more successive sessions, and if, 35 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 effeet only in such modified form or be of no effect, as the case may be; so, however, that any such modil1cation 40 or annulment shall be without prejudice to the validity of anything previously done under that fule ;18 the itldian iron and steel company (acquisition of shares) 10 of 197ft ordinance, 1976, is hereby repealed: repeal and saving provided that notwithstanding such repeal, anything done or any 4s action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provision of this act s·,tatement of objects and reasonsdue to mismanagement, there was a progressive decline in the production of the uudertakings of the indian iron and steel company umited the condition of the plant and equipment was also not satisfactory and required immediate replacement financial difficulties faced by the companyj were also such that the company was not in a position either to make the necessary replacements or to undertake any plant" rehabilitation scheme in the circumstances, the management of the undertakings of the company was taken over by the central government in the public interest for a limited period under a parliamentary legislation there was considerable improvement in the performance of the undertakings of the company after the management thereof had been taken over by the central government and the company, for the first time, achieved the target of production in 1975-76 i~ the circumstances, restoration of the management of the company to the same top management which had been responsible for the sad state of affairs would have, been prejudicial to the public interest the financial condition of the company was very unsatisfactory the burden of interest on loans and advances made to the company had reached the level of rupees 10 crores per year and was expected to reach rupees 14 crores per year within the next three years it was not, therefore, p~sible to make the undertakings of the company viable without financial assistance from the central government direct financial assistance of the order required by the company could not be made available by the central government unless it had acquired a controlling intere,t in the company, to enable ,it to restructure the capital base of the company to make the necessary replacements and planned rehabilitation of the machinery and equipment since the company was engaged in the production of goods vital to the needs of the country, liquidation of the company (for insolvency) would have been against the public interest having regard to these facts and the mounting burden of interest charges, the indian iron and steel company (acquisition of sharee) ordinance, 1~76 (10 of 1976) was promulgated by the president to provide for the acquisition of the privately held shares in the company the bill seeks to replace the said ordinance i new delhi; chandrajit yadav'fm 4th august, 1976 prsident's recommendation under article 117 of the constitution of india [copy of letter no ind 11-(49) 176, dated the 6th august, 1976 from shri chandrajit yadav, minister of steel and mines to the secretary-general, lok sabha] the president, having been informed of the subject matter of the above bill for acquisition of certain shares of indian iron and steel company ltd, has recommended under article 117 (1) and 117 (3) of the constitution, the introduction and consideration by lok sabha of the said bill bt theindiaa bob aliid sfeel- ~y (acqubdtiod of slians) 'ordinance, 1976 (10 of 1976), the privately held shares of the indian itoll and steel company limited were acquired by the central government ·on the 17th day of july, 1976 the bill leeks to replace the said ordinance clause 4: of the bill provides for the payment, in cash, te the share--holders, through the commissioner of payments, and amount of rs 7,23,95,13715 for the acquisition of the said shares the clause also provides that the said amount shall carry simple interest at the rate of 4: per cent per annum commencing on the 17th day of july, 1976, and ending on the date on which payment is made by the central government to the commissioner of payments the amount to be so paid by way of interest is likely to be of the order of rs 4,83,000/- clause 5 of the bill makes provision for the appointment of a commissioner of payments the estimated recurring expenditure with regard to the salaries and allowances of the commissioner and his staff is likely to be of the order of r8 10,0001- per mensem the bill, if enacted, would not involve any other recurring or nonrecurring expenditure but the purpose of acquisition of the privately held shares is to enable the central government to make additional investment of the order of rupees 60 crores (including rupees 2325 crores for which provision has already been made in the budget estimates for the year 197~77) such expenditure will, however, be incurred after due appropriation by parliament by law clause 17 of the bill seeks to confer on the central government tlae· general rule-making power for carrying out the provisions of the bill when enacted the power of malting rules is confined to matten of detail and procedure 2 the delegation of legislative power, is, therefore, of a normal character ") memorandum explaining the modifications made in the bm to replgce the indian iron and steel company (acquisition of shares) ordimftlet, 1976 (10 of 1976) section 9 (7) of the ordinance confers a right on the claimant, who is dissatisfied with the decision of the commissioner of payment, to prefer an appeal against such decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the oompany is situated there was, however', a proviso to the said 'sub-section to the effect that where a person, who is a judge of a high court, is appointed to be the commissioner of payments, such appeal shall lie to the high court at calcutta and web appeal shall be heard and disposed of by atleawt two judges (tf the high court since a decision has been taken to appoint the iroil an(~ steel controller as the commissioner of payments the said pr~vue fs not necesisary and, as such, is being omitted section 12 of the ordinance confers a power on the central avel1lment to require any person to produce any regiater or documeat 14-make any statement it is proposed to confer that power oil the c-misaioner of payments instead of the central governmmt , ~ - &·)l)!q'n ()~ ih~i ~)\s 1\)' 1")1"\~ " ",,~:,i\i'11 ,!,<:1::,,1;,,,·) )1117il\)\ "i;)t" ,,')!'i)i !)lthn 0 (?,'h\)(\'2 to li')t ~h~ i\i~)j \) '" ',! \;, ,) "j ~<)l) ~'?, ;~ ill - ;(j ,'ii • )\( \ lit 1'11\ \' (lh'i)f t·) ii!; 1h'11 lib odw l'n31l11hb t)dt h'} ili!lii ij q 'j'll~,·,,"oll:(li!nu lid) ill (\', l! f~ou';e8 oj ,ahl'tl1'(t\·:! ~,) ·i·)11qi~?rl'ilff[()') ·"rr 1-) f(r,;",j·y)f) ~lilj ,ilt·:t ~j'jrhijf'~<d:, 10 hw)') [i'/t-) fnqblli'l({ 'h[t ,~t (l4):"';' ·,f; rl~)i;'~ 1;l'i;~:~i: :·!;"'q'l': p;\ ',,/b'j,(( ad1 i'tt)ihlb?(·w( '~;:()rf'lf t,) ajii;rif (!\,~,\i ,;,[, "uiill g':'ijq/i)dillt lhri:)l',i:'l ~} \:li;)v';)'/iolf ,"wft ')'j,:d'j,' f~')irfjt: ,; '/n,::c{,,;;,) ';rfj (1) 9"i1(: [)')i·}t;d~j'li odw ,110?"!\)(l )~ lrr'}~hi j't<"ru· j\~'}'1b ,"1 iii ([,)th~~;d;~~ bi;~:lhlt ot o~i'101'i 1'0 'j')clf)i-=?jmrl1')~) f)j{t ,)d of b~"tlf:i;ii;;:' :',r ,)"wl') d~~rh h h d:~bjj'~ :: "( if~)lja twb 11)jij'lf,<) jil j djt!) rigel{ ,;ilt 1)1 ii! 'i';!? ff'~''i'[fl rf'jil'-\ ,:dwj(i{"';': cdt 10 c:agf)iit, uv/f j"'i'l')~t!! 'i,d 11) ij':)-'ii~~i;) hrm h!f'~j,( ~hr 1[;],1'1 r'~':'lqr: bwl n01! 'int jhloq<{'i ot w)}cflt (i'hr' "'id hu[,!,i'v)b ;l ~)'jii;;~ ,hll!)') rhll i :j~ 08t\fo'j(~ blp~ 9th ,?tn·jn1'~flcr 1'1 ')'liu);,,:~iil["((l) :hij ~(, ·;·)trni1j")~) fn')j:; j}!)ttilll') \)r1i'id :l( rhl "i ~j'l ,fllpi \t;ii;"::~'i'l<jn i'll' 'i,i'i";ivoo ie'lhl90 edl no 'j:~'ltoq 11 l·,'ln,)') ':'jll!wibc) ')d) 1·) ~:i lil)jh~~ :¢j ';(} jil!lfjtljxb '10 i9jei},}~" '(w~ ar)ljbui! oj no;<s'l'j(f v;iw q1i1'1"fl oj j(i:)/;1 -moo, elf]; no 'if)wo~ jmfl 'l91eto~ 01 o';',::cq()'il{ d tf jfl'){ll':>ti'!j:\ 'i,un oaljilf tlhhtfu'l9vod ijl'ljcr9~ 'left 10 hs';')md ~tcl~!h'la'{ 10 'r~){1ora::!ill' a billtg provid~ tor the acquisition ot certain hares of the indian iron and steel company limited with a view to securing the proper management of the aftairl of the company and the continuity and develop-jdent of the production of goods which are vital to the needs of the eountry and for matters connected therewith or incidental thereto ! ,,: y':' ;

Parliament_bills

0f33b4fb-b6ad-58bf-8aaf-c68c126d4b51

bill no 49 of 2008 the electricity (repeal) bill, 2008 byshri ck chandrappan, mp a billto repeal the electricity act, 2003be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the electricity (repeal) act, 2008short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 the electricity act, 2003 is hereby repealedrepeal of act no 36 of 2003 statement of objects and reasonsthe electricity act, 2003 was passed with the laudable object of generating clean and cheaper electricity in sufficient quantity, so that the country would have self-sufficiency in power generation it promised that it would help in gradual electrification of all the villages in india, where electricity still remains a dream it also promised cheaper and affordable electricity to the domestic consumers, agriculture and industryit was expected that this legislation would help attracting huge investment in the power sector it was further promised that it would help to bring down the transmission losses to the minimumbut the experience of more than five years of its implementation has proved beyond doubt that all the objects which this piece of legislation sought to achieve, stand completely defeatedindia is far away from achieving self-sufficiency in power generation power has become unbearably costly transmission losses have increased power theft is also on the increase it could not achieve the goal of attracting huge investment in power sector in the name of getting investment, the multi-national companies have been allowed to enter the field of power generation resulting in a fiasco and scandalin view of the above it is proposed to repeal the electricity act, 2003 it is also necessary that alternate methods and strategies be adopted for achieving the goals for which the electricity act, 2003 was enactedin order to avoid any vacuum after the repeal of the electricity act, 2003, the date of commencement of this repealing act has been left to the government to decide during the period, the central government should take suitable steps to prepare and come forward with a new legislationnew delhi;c k chandrappanaugust 5, 2008 lok salok sabhabha———— a billto repeal the electricity act, 2003————(shri ck chandrappan, mp)mgipmrnd—2865ls(s-5)—08-09-2008

Parliament_bills

88ae37d7-acae-58ba-85a2-a25eba6f1187

(2) each leader or the o'pposition shall abo be ciltitled 0 receive a l'odstltuedc)' allowance at the ume ute a :is fol' tile tiju ba, spm:ftcd wider seetioa 8 of the said ad with jwpect to members o[ parliament (3) there shall lie paid tn each leader of the opposition a sum-5 ptuary allowance of one t-bousand rupees per measem" 3 section 5 of the principal act shall be renumbered as sub-mction (1) thereof, and after sub-seetion (1) as so renumbered, tbe followidg sub-section shall be inserted, namely:-ameddment of sectiod s '(2) a leader of tht" opposition and anyone member of his 10 family aec:ompall),ing him shall be entitled to traveluoc ailowaaces in nlpect of nut more than six return journeys performed, d~ eaeh year, within india at the same rates at which travelliq allowunres are payable to huch leader under clause (b) of sub-section (1) in respect of tours referred to in that dause 15 explanat;oll--li'or the purposes of this sub-section, "return journey" means a journey from one place to another place and the return journey from such other place to the first mentioned place' jdaertion of 4 in the principal act, after section 9, the following section sball he new section inserted, namely:-t!o ~a '9a notwithstanding anything contained in the income-tax act, 1961, the value of rent free furnished residence (including main 43 of in" tenance thereof) provided, to a leader of the opposition under sub· section (1) of section 4 shall not be included in the computation of his income chargeable under the beading "salaries" under section ,15' 85 the income-tax act, 1961' exemptiod from liability to pay iw:ome-tall oa certain perquiutes re:eivect by a leader of the opposition statement of objects and bbasonsthis bill is complementary to the salary, auowanc:es 8dd pedblod of members of parliament (amendment) btll, 1986 and the salaries add allowances of ministers (amendment) bill, ~ 2 the blll seeks-(4) to provide that a leader of the opposition shall be entit1ecl to a salary t daily allowance and constituency allow8llce at the same rates as a member of parliament; (b) to provide for the payment of a sumptuary allowance to each leader of the opposition and to exempt from income-tax the value of the official residence provided to such leader; and (c) to extend the facuity ,of free travel ill respect of six retum journeys per 'year within india to one member of the family of a leader of the opposition accompanying him on such journeys 3 the bill seeks to achieve the above objeets new di:uu; ii k l bhagat the 19th december, 1985 financial memorandumclause 20f the bill seeks to substitute section 3 of the salary and allowances of leaders of opposition in parliament act, 1977, to provide for salary, daily allowance and constituency allowance at the same rates as admissible to members of parliament it also seeks to provide to n leader of opposition, a sumptuary allowance of rs 1,000 l>er mensem ' 2 clause 3 of the bill seeks to insert a new sub-section in section 5 of the act to provide for a facility to leaders of opposition by way of six return journeys in a year within india to a member of his family 3 the abwe pl'o'risions would involve expenditure from the consolidated fund 'of india to the tune of rs 114 lakhs 4 "nte pro"rislons of the bill will not involve any other expenditure either recurring or non-recurring extracts from the salary and allowanci:s 01' lmmats of opposntok in parliuo:nt ar:r, 19'17(33 01' 19'1'1) - - - - - 3 there shall be paid to each leader of the opposition a salary of salary of two thousand, two hundred and fifty rupees per mensedl leaders of opposition - - - - - 5 subject to any rules made in this behalf by the centra! govemment, a leader of the opposition shall be entitled to-(a) travelling allowances for himself and the members of his family and for transport of his and his family's effects-1'rawlling ud daily allowlidcei to leaden of 0pposition (i) in respect of the journey to delhi from his usual piece of resldence outside delhi for assuming ofbce; and (ii) in respect of the journey from delhi to his usual place of residence outside delhi on relinquishing o1bce; and (b) travelling and daily allowances in respect of tours undertaken by him in the discharge of his duties as leader of the opposition, whether by sea, land or air - - - - - , a bill fur~ ki amend the salary and a1lqwances of leaders of opposition in parliament act, 1977 (sh h k l bhagat, minister of parliamentary affairs 4ndtouriam)

Parliament_bills

7a74ae4d-3a8e-5cff-b192-5c242eafa9ae

bill no cxxiv of 2005 the carriage by road bill, 2005 a billto provide for the regulation of common carriers, limiting their liability and declaration of value of goods delivered to them to determine their liability for loss of, or damage to, such goods occasioned by the negligence or criminal acts of themselves, their servants or agents and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-sixth year of the republic of india as follows:–1 (1) this act may be called the carriage by road act, 2005 (2) it extends to the whole of india, except the state of jammu and kashmirshort title, extent and commencement (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different states and any reference in this act to the commencement of this act shall, in relation to a state, be construed as a reference to the coming into force of this act in that state2 in this act, unless the context otherwise requires,—definitions(a) "common carrier" means a person engaged in the business of collecting, storing, forwarding or distributing goods to be carried by goods carriages under a goods receipt or transporting for hire of goods from place to place by motorised transport on road, for all persons undiscriminatingly and includes a goods booking company, contractor, agent, broker and courier agency engaged in the door-to-door transportation of documents, goods or articles utilising the services of a person, either directly or indirectly, to carry or accompany such documents, goods or articles, but does not include the government;(b) "consignee" means the person named as consignee in the goods forwarding note;(c) "consignment" means goods entrusted by the consignor to the common carrier for carriage, the description or details of which are given in the goods forwarding note;(d) "consignor" means a person, named as consignor in the goods forwarding note, by whom or on whose behalf the goods covered by such forwarding note are entrusted to the common carrier for carriage thereof;(e) "goods" includes—(i) containers, pallets or similar articles of transport used to consolidate goods; and(ii) animals or livestock;(f) "goods forwarding note" means the document executed under section 8; (g) "goods receipt" means the receipt issued under section 9; (h) "person" includes any association or body of persons, whether incorporated or not, a road transport booking company, contractor and an agent or a broker carrying on the business of a common carrier;(i) "prescribed" means prescribed by rules made under this act;59 of 1988(j) "registering authority" means a state transport authority or a regional transport authority constituted under section 68 of the motor vehicles act, 1988;(k) "registration" means the registration granted or renewed under subsection (5) of section 43 (1) no person shall engage in the business of a common carrier, after the commencement of this act, unless he has been granted a certificate of registration(2) any person who is engaged, whether wholly or partly, in the business of a common carrier, immediately before the commencement of this act, shall, persons not to engage in business of common carrier without registration(a) apply for a registration within ninety days from the date of such commencement;(b) cease to engage in such business on the expiry of one hundred and eighty days from the date of such commencement unless he has applied for registration and the certificate of registration has been granted by the registering authority (3) the registering authority shall take decision on the application for registration within ninety days from the date of receipt of the application4 (1) any person, who is engaged or intends to engage in the business of a common carrier, shall apply for the grant or renewal of a certificate of registration for carrying on the business of common carrier to the registering authorityapplication for grant or renewal of registration(2) an application under sub-section (1) shall be made, to the registering authority having jurisdiction in the area in which the applicant resides or has his principal place of business in such form and manner and accompanied by such fees payable to the registering authority as may be prescribed(3) an application for grant or renewal of registration for carrying on the business of a common carrier from a branch office which is outside the jurisdiction of the registering authority referred to in sub-section (2) shall be made to such registering authority in whose jurisdiction the branch office is situated in such form and manner and accompanied by such fees as may be prescribedexplanation–for the removal of doubts, it is hereby declared that where an applicant intends to have two or more branch offices or main office and branch office or offices within the jurisdiction of a single state or union territory he shall be required to make only one application for registration of such offices(4) a registering authority shall, before granting or renewing a certificate of registration, satisfy itself that–(a) where the applicant is an individual, he has not been convicted of any offence involving moral turpitude;(b) the applicant has intimate knowledge of goods or freight business; (c) the office of the applicant is either owned by the applicant or is taken on lease by him or it or is hired in his or its name and the premises has adequate space and facilities for warehousing of goods and to handle the loading, unloading, storage and transhipment of goods;(d) the financial resources of the applicant are sufficient to meet the liability for any loss of, or damage to, consignment and for the efficient management of business of the common carrier;(e) the applicant fulfils such other conditions as may be prescribed(5) the registering authority may, on receipt of an application under sub-section(2) or sub-section (3) and after satisfying itself that the applicant fulfils the requirements of sub-section (4), grant the certificate of registration or renew it, as the case may be, for carrying on the business of a common carrier, in such form and subject to such conditions as may be prescribed: provided that no application for the grant or renewal of a certificate of registration shall be refused by the registering authority unless the applicant has been given an opportunity of being heard and the reasons for such refusal are given in writing by the registering authority within sixty days from the date of receipt of such application(6) a certificate of registration granted or renewed under sub-section (5) shall be valid for a period of ten years from the date of such grant or renewal, as the case may be:provided that in the case of registration in respect of branch offices referred to in sub-section (3), the validity of such registration shall be restricted to the validity of the registration granted in respect of the main office(7) the holder of a certificate of registration shall–(a) maintain a register in such form and manner as may be prescribed; (b) not shift the main office mentioned in the certificate of registration without the prior approval in writing of the registering authority which granted the registration;(c) submit to the registering authority under whose jurisdiction the main office is located and the transport research wing of the ministry or department of the central government dealing with road transport and highways such information and return as may be prescribed within one hundred and twenty days after the thirty-first day of march every year;(d) display at a prominent place in his or its main office or branch offices, the certificate of registration in original or certified copy thereof attested by the concerned registering authoritysuspension or cancellation of registration 5 (1) if the registering authority is satisfied that the holder of a certificate of registration has failed to comply with any of the provisions of sub-section (7) of section 4 or a complaint is made against such holder by any consignee or consignor, it may give a notice by registered post or through electronic media or by any other verifiable means to the holder of the registration to rectify the same within a period of thirty days and in case such holder fails to do so, it may–(i) suspend the registration for a specified period pending an inquiry; or(ii) revoke the registration of the main office or of a particular branch office in case there are five or more complaints in succession which are proved to be true after an inquiry: provided that when the registration is suspended or revoked, the holder of the registration shall surrender the certificate of registration to the registering authority (2) no registration shall be suspended or revoked under sub-section (1) unless the holder of the registration is given an opportunity of being heard in the inquiry and the reasons for such suspension or revocation, as the case may be, are given in writing by the registering authority(3) the holder of a registration may, at any time, surrender the registration to the registering authority which granted the registration, and on such surrender the registering authority shall, after obtaining declaration from the holder of the registration that no liability is outstanding against him and, he would discharge such liability if he is held liable, revoke the registrationappeal59 of 19886 (1) any person aggrieved by an order of the registering authority refusing togrant or renew a certificate of registration or suspending or revoking a registrationunder this act, may, within sixty days from the date of such order, appeal to the state transport appellate tribunal constituted under sub-section (2) of section 89 of themotor vehicles act, 1988(2) an appeal under sub-section (1) shall be preferred in duplicate in the form of a memorandum setting forth the grounds of objection to the order of the registering authority and shall be accompanied by such fee as may be specified by the state government by notification in the official gazette59 of 1988(3) without prejudice to the provisions of sub-sections (1) and (2), the provisions of sub-sections (1) and (2) of section 89 of the motor vehicles act, 1988, as in force immediately before the commencement of this act, with regard to appeal, shall, as far as may, apply to every appeal as if the provisions aforesaid were enacted by this act subject to the modification that any reference therein to the "permit" shall be construed as a reference to the "registration"submission of annual return7 the state transport authority in respect of each state or union territory shall submit annually to the ministry or department of the central government dealing with road transport and highways a consolidated annual return giving the details of the goods carried by the common carriers in that state or the union territory, as the case may be, on the basis of the returns received from the holders of the registration as specified under clause (c) of sub-section (7) of section 4goods forwarding note8 (1) every consignor shall execute a goods forwarding note, in such form and manner as may be prescribed, which shall include a declaration about the value of the consignment(2) the consignor shall be responsible for the correctness of the particulars furnished by him in the goods forwarding note(3) the consignor shall indemnify the common carrier against any damage suffered by him by reason of incorrectness or incompleteness of the particulars on the goods forwarding notegoods receipt9 (1) a common carrier shall,–(a) in case where the goods are to be loaded by the consignor, on the completion of such loading; or(b) in any other case, on the acceptance of the goods by him, issue a goods receipt in such form and manner as may be prescribed (2) the goods receipt shall be issued in triplicate and the original shall be given to the consignor(3) the goods receipt shall be prima facie evidence of the weight or measure and other particulars of the goods and the number of packages stated thereinliability of common carrier10 (1) the liability of the common carrier for loss of, or damage to any consignment, shall be limited to ten thousand rupees or the value of consignment declared in the goods forwarding note, whichever is less, unless the consignor or any person duly authorised in that behalf have expressly undertaken to pay higher risk rate fixed by the common carrier under section 11(2) the liability of the common carrier in case of any delay up to such period as may be mutually agreed upon by and between the consignor and the common carrier and specifically provided in the goods forwarding note including the consequential loss or damage to such consignment shall be limited to the amount of freight charges where such loss, damage or delay took place while the consignment was under the charge of such carrier:provided that beyond the period so agreed upon in the goods forwarding note, compensation shall be payable in accordance with sub-section (1) or section 11:provided further that the common carrier shall not be liable if such carrier proves that such loss of, or damage to, the consignment or delay in delivery thereof, had not taken place due to his fault or neglect or that of his servants or agents thereof11 every common carrier may require payment for the higher risk undertaken by him in carrying a particular consignment at such rate of charge as he may fix and correspondingly, his liability would be in accordance with the terms as may be agreed upon with the consignor:rates of charge to be fixed by common carrier for carriage of consignment at a higher risk rateprovided that to entitle such carrier to claim payment at a rate higher than his ordinary rate of charge, he should have exhibited a printed or written notice, in the vernacular language of the state, of the higher rate of charge in the place or premises where he carries on the business of common carrier12 (1) every common carrier shall be liable to the consignor for the loss or damage to any consignment in accordance with the goods forwarding note, where such loss or damage has arisen on account of any criminal act of the common carrier, or any of his servants or agentsconditions limiting exonerating the liability of the common carrier(2) in any suit brought against the common carrier for the loss, damage or nondelivery of consignment, it shall not be necessary for the plaintiff to prove that such loss, damage or non-delivery was owing to the negligence or criminal act of the common carrier, or any of his servants or agents(3) where any consignment has been detained for examination or scrutiny by a competent authority and upon such examination or scrutiny it is found that certain prohibited goods have been entrusted to the common carrier by the consignor which have not been described in the goods forwarding note, the cost of such examination or scrutiny shall be borne by the consignor and the common carrier shall not be liable for any loss, damage or deterioration caused by such detention of the consignment for examination or scrutiny:provided that the onus of proving that such incorrect description of goods in the goods forwarding note was received from the consignor shall be on the common carrierexplanation–for the purposes of this section, "competent authority" means any person or authority who is empowered to examine or scrutinize goods by or under any law for the time being in force to secure compliance of provisions of that law13 (1) no goods of dangerous or hazardous nature to human life shall be carried by a common carrier except in accordance with such procedure and after complying with such safeguards as may be prescribedprovision for carriage of goods of dangerous or hazardous nature to human life(2) the central government may, by rules made in this behalf, specify the goods of dangerous or hazardous nature to human life and the label or class of labels to be carried in, or displayed on, the motor vehicle or such goods in the course of transportation (3) notwithstanding anything contained in any other law for the time being in force, every common carrier shall scrutinise and ensure before starting transportation of any consignment containing goods of dangerous or hazardous nature to human life that the consignment is covered by, one or more insurance policies under a contract of insurance in respect of such goods providing relief in case of death or injury to a person or damage to any property or the consignment, if an accident takes place14 the central government may, by notification in the official gazette, specify, in public interest, the goods or class or classes of goods which shall not be carried by a common carrierpower of central government to prohibit carriage of certain class of goods15 (1) if the consignee fails to take delivery of any consignment of goods within a period of thirty days from the date of notice given by the common carrier, such consignment may be deemed as unclaimed:right of common carrier in case of consignee's defaultprovided that in case of perishable consignment, the period of thirty days shall not apply and the consignment shall be deemed unclaimed after a period of twentyfour hours of service of notice or any lesser period as may be mutually agreed to by and between the common carrier and the consignor(2) in the case of an unclaimed consignment under sub-section (1), the common carrier may,–(a) if such consignment is perishable in nature, have the right to sell the consignment; or(b) if such consignment is not perishable in nature, cause a notice to be served upon the consignee or upon the consignor if the consignee is not available, requiring him to remove the goods within a period of fifteen days from the date of receipt of the notice and in case of failure to comply with the notice, the common carrier shall have the right to sell such consignment without any further notice to the consignee or the consignor, as the case may be (3) the common carrier shall, out of the sale proceeds received under subsection (2), retain a sum equal to the freight, storage and other charges due including expenses incurred for the sale, and the surplus, if any, from such sale proceeds shall be returned to the consignee or the consignor, as the case may benotice for institution of a suit16 no suit or other legal proceeding shall be instituted against a common carrier for any loss of, or damage to, the consignment, unless notice in writing of the loss or damage to the consignment has been served on the common carrier before the institution of the suit or other legal proceeding and within one hundred and eighty days from the date of booking of the consignment by the consignorgeneral responsibility of common carrier17 save as otherwise provided in this act, a common carrier shall be responsible for the loss, destruction, damage or deterioration in transit or non-delivery of any consignment entrusted to him for carriage, arising from any cause except the following, namely:–(a) act of god; (b) act of war or public enemy; (c) riots and civil commotion; (d) arrest, restraint or seizure under legal process; (e) order or restriction or prohibition imposed by the central government or a state government or by an officer or authority subordinate to the central government or a state government authorised by it in this behalf;(f) fire, explosion or any unforeseen risk:provided that the common carrier shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non-delivery of the consignment if the common carrier could have avoided such loss, destruction, damage or deterioration or non-delivery had the common carrier exercised due deligence and care in the carriage of the consignment18 (1) whoever contravenes the provisions of section 3, section 13 or a notification issued under section 14 shall be punishable for the first offence with fine which may extend to one thousand rupees, and for the second or subsequent offence with fine which may extend to five thousand rupeespunishment for contravention in relation to non-registration, carrying goods of dangerous or hazardous nature, or prohibited goods(2) if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment, 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 (3) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be proceeded against and punished accordinglyexplanation–for the purpose of this section,—(a) "company" means any body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firmcomposition of offences19 (1) any offence committed under section 18, may either before or after theinstitution of the prosecution, be compounded by such officers or authorities and for such amount as the state government may, by notification in the official gazette, specify (2) where an offence has been compounded under sub-section (1), the offender shall be discharged and no further proceedings shall be taken against him in respect of such offencepower tomake rules20 (1) the central government may, by notification in the official gazette,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 form and manner of making an application for grant or renewal of a certificate of registration and the fee which shall accompany such application under sub-section (2) or sub-section (3) of section 4;(b) the other conditions which are required to be fulfilled by an applicant under clause (d) of sub-section (4) of section 4;(c) the form in which and the conditions subject to which certificate of registration or renewal may be granted under sub-section (5) of section 4;(d) the form and manner of maintaining a register under clause (a) of subsection (7) of section 4;(e) the information and return which may be furnished to the registering authority and the transport research wing under clause (c) of sub-section (7)of section 4;(f) the form and manner in which a goods forwarding note shall be executed by the consignor under sub-section (1) of section 8;(g) the form and manner in which a common carrier shall issue goods receipts under sub-section (1) of section 9;(h) the procedure and safeguards to be complied with for carrying goods of dangerous or hazardous nature to human life under sub-section (1) of section13;(i) the specification of the goods of dangerous or hazardous nature to human life and the label or class of labels to be carried or displayed in or on the motor vehicle or on such goods in the course of their transportation under subsection (2) of section 13;(j) any other matter which is required to be, or may be, prescribed(3) every rule made under this section and every notification issued under section 14 shall be laid, as soon as may be after it is made or 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 rule or the notification, or both houses agree that the rule or the notification should not be made or issued, the rule or 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 rule or notificationpower to remove difficulties21 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by general or special order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this act(2) every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each house of parliament3 of 186522 (1) the carriers act, 1865, is hereby repealedrepeal andsaving3 of 1865(2) notwithstanding the repeal of the carriers act, 1865, anything done or anyaction taken under the said act shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions of this act and shall continue in force accordingly until superseded by anything done or any action taken under this act10 of 1897(3) the mention of particular matters in this section shall not be held to prejudice oraffect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeals statement of objects and reasonsmovement of goods or property is an important and integral part of the economic development of the country the role of various players in the entire chain of activities enabling movement of goods, therefore, assumes importance at present, the law relating to the rights and liabilities of the common carrier is contained in the carriers act, 1865 the main objective of the act was to make common carriers liable for the loss or damage to goods carried by them and also to limit the liability for such loss or damage to the goods/property delivered by them to be carried many changes have taken place since the enactment of the said act these include the following: –(a) various modes of transport now have separate enactments, for example, transport by the railways is being regulated by the railways act, 1989 it has, therefore, become necessary to re-define the scope and applicability of the act to road transport industry(b) the transport industry also has undergone a sea change since 1865 a number of players and middlemen like brokers and agents have come into existence and play an increasing role in the movement of goods by road(c) the liability specified in the existing act at one hundred rupees has also become grossly inadequate and irrelevant 2 a number of deficiencies have been noticed in the course of the enforcement of the provisions of the carriers act, 1865 the act has no provision for registration of common carriers the act also had not foreseen the sophistication and complexity of the transport trade, as it exists today the transporters' associations have time and again demanded that the existing act be repealed and new act be enacted to cater to the present day requirements of transport, trade and commerce3 the commission on review of administrative laws constituted by the central government under the chairmanship of shri pc jain in its report submitted to the government in september, 1998 has also recommended review of the act4 keeping in view the fact that other modes of transport are already covered under separate enactments and the need for redefining the common carrier, regulation of the common carriers by the state and provision of a transparent framework of rights and liabilities to govern the transactions between the common carriers and the customers has been felt, the government set up a committee under the chairmanship of shri m koteeswaran, the then executive director, association of state road transport undertakings (astru) comprising members from central institute of road transport (cirt), erstwhile ministry of surface transport, representative of all india motor transport congress (aimtc) the committee had recommended for repeal of the carriers act,1865 and its re-enactment incorporating the above requirements5 the bill, inter alia, seeks to achieve the following objectives:–(i) to regulate and limit the liability of the common carriers (ii) to provide for a registration of common carriers (iii) to ensure proper statistical reporting in the transport sector by personsinvolved in transportation business(iv) to regulate carriage of hazardous and dangerous goods(v) to provide for rule making powers to deal with emerging and changing scenario from time to time(vi) to repeal the carriers act, 18656 the notes on clauses explain in detail the various provisions contained in the bill7 the bill seeks to achieve the above objectstr baalunew delhi;the 30th november, 2005 notes on clausesclause 1—this clause provides for the short title, extent and commencement of the proposed legislation the proposed legislation will not be applicable to the state of jammu and kashmir as certain preparatory steps are required to be taken before the proposed legislation is brought into force, it is proposed to empower the central government to bring it into force from a date to be notified by itclause 2—this clause seeks to define certain terms and expressions used in the billthese definitions include "common carrier", "consignment", "goods", "goods forwarding note" and "person" the state transport authorities and regional transport authorities constituted under the motor vehicles act, 1988 shall be the registering authorities for the purposes of the proposed legislationclause 3—this clause provides that after the commencement of the proposed legislation no person will engage, whether wholly or partly, in the business of common carrier without obtaining a registration under the proposed legislationclause 4—this clause seeks to set out the procedure for application for grant or renewal of registration by issuance of appropriate certificate for carrying on the business of common carrier the explanation to sub-clause (3) seeks to clarify that one registration in one state for a common carrier would suffice sub-clause (6) provides that the period of validity of a registration or renewal of registration shall be ten years sub-clause (7) stipulates the conditions which a holder of registration shall have necessarily to comply with in terms of the requirements of the proposed legislationclause 5—this clause seeks to bestow on the registering authority of the state the power to suspend or revoke the certificate of registration under certain circumstances after giving the holder of the registration an opportunity of being heardclause 6—this clause seeks to provide the procedure for preferring an appeal by any person who is aggrieved by an order of the registering authority in respect of refusal to grant or renew a registration or suspension or revocation of a registration the state transport appellate tribunal constituted under sub-section (2) of section 87 of the motor vehicles act, 1988 shall be the appellate authority for the purposes of the proposed legislationclause 7—this clause provides that the state transport authority in each state or union territory shall be required to submit an annual return giving details of the goods carried by the common carriers on the basis of returns furnished by such carriers this is a new provision for statistical purposesclause 8—this clause lays down the procedure to be followed by the consignor it includes execution of goods forwarding note in the form to be laid down by rules, responsibility of the consignor for the correctness of the particulars and the declaration of the value of consignment as also indemnification of the common carrier against any damage suffered by him on grounds of incorrectness or incompleteness of the particulars mentioned in the goods forwarding noteclause 9—this clause provides that a common carrier shall issue a goods receipt in the form specified by rules and that the goods receipt would be the prima facie evidence of the weight and other particulars of the goodsclause 10—this clause corresponds to section 3 of the carriers act, 1865 it seeks to limit the liability of the common carrier for loss of, or damage to, consignment up to ten thousand rupees or value of consignment declared, whichever is less, unless the consignor has undertaken to pay higher risk rate fixed by the common carrier under the proposed section 11 this clause also defines the liability of the common carrier in case of delay in delivery up to a period agreed to in the goods forwarding note and beyond the period so agreed it has been provided that up to the period agreed to, the liability would be limited to the freight on the consignment and beyond the agreed period, the liability shall be as stipulated in this clause or clause 11, as the case may be this clause further provides that the common carrier shall not be liable if such loss or damage or delay in delivery had not taken place due to his fault or neglect or on the part of his servants or agentsclause 11—this clause corresponds to section 4 of the carriers act, 1865 it lays down the procedure to be followed by the common carrier for payment of higher risk rate for undertaking higher risk and liability as laid down in clause 10clause 12—this clause stipulates the conditions under which the common carrier would be liable to the consignor for the loss or damage on account of his criminal act he would be liable to compensate the consignor and that the onus of proving the negligence or criminal act on the part of the common carrier would not be on the plaintiff sub-clause (3) provides that if any consignment has been detained for examination by the competent authority and prohibited goods have been detected, the common carrier shall not liable if he can prove that such description of goods in the forwarding note was received from the consignor the explanation to this clause clarifies that any person or authority who is empowered to examine or scrutinize goods by or under any law for the time being in force to secure compliance of the provisions of that law would be a competent authority for the purpose of clause 12clause 13—this clause provides that it is the duty of a common carrier to ensure that dangerous and hazardous goods are insured before they are accepted for movementclause 14—this clause seeks to empower the central government to notify in the official gazette, in public interest, as to the goods or class of goods which are not to be carried by a common carrierclause 15—this clause seeks to empower the common carrier to dispose of unclaimed consignments (consignments which the consignee fails to take delivery after a period of thirty days from the date of notice given by the common carrier) in case of perishable consignments, the period would be twenty-four hours from service of notice or any lesser period as may be agreed upon the common carrier will have the power to dispose of the consignments and after recovering a sum equal to the freight, storage and other charges due including expenses incurred for the sale, remit the surplus to the consigneeclause 16—this clause provides a period of limitation for institution of suits against common carriers for the loss of or damage to any consignment the complainant has to serve notice within 180 days from the date of booking of the consignments for institution of any suit or other legal proceedingsclause 17—this clause seeks to list out the force-majeur conditions under which the common carrier would be exonerated from liabilities these conditions include act of god, act of war or public enemy, fire, explosion, riots or civil commotion and orders of restriction or prohibition by governmentclause 18—this clause relates to the punishments for contravention in relation to non-registration and carrying goods of dangerous or hazardous nature or prohibited goods it is provided that whoever contravenes the provisions of section 3, section 13 or a notification issued under the proposed section 14 shall be punished with fine which may extend to one thousand rupees and in case of the second or any subsequent offence with fine which may extend to five thousand rupeesclause 19—this clause seeks to empower such officers or authority of the state government as may be specified by it by notification in the official gazette to compound the offences under clause 18 at any time before or after the institution of the prosecution the amount of compounding shall be laid down by the state government, by notificationclause 20—this clause empowers the central government to make rules, by notification in the official gazette, for carrying out the provisions of the proposed legislation sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, inter alia, include the procedure for application for grant or renewal of registration for carrying on the business of common carrier, the form of register to be maintained by the common carrier, the form in which returns are to be furnished by common carrier, the form in which a goods forwarding note is to be executed, the form in which goods receipt is to be issued, the procedure and safeguards to be complied with in carrying dangerous or hazardous nature of goods and the specifications required to be exhibited while carrying dangerous or hazardous nature of goods sub-clause (3) lays down that the rules are required to be laid before parliamentclause 21—this clause empowers the central government to issue orders for removing difficulties in giving effect to the provisions of the proposed legislation such orders can be issued only within two years from the date of commencement of the proposed legislation every order made under this clause is required to be laid before parliamentclause 22—this clause seeks to repeal the carriers act, 1865 and also to save anything done or action taken under the repealed act in so far as they are not inconsistent with the provisions of the proposed legislation memorandum regarding delegated legislationsub-clause (1) of clause 20 of the bill empowers the central government to make rules, by notification in the official gazette, for carrying out the provisions of the proposed legislation sub-clause (2) of the said clause enumerates the matters in respect of which such rules may be made under the proposed legislation these matters, inter alia, relate to the form and manner of making an application for grant or renewal of a certificate of registration of persons to engage in the business of a common carrier and the fee which shall accompany such application under sub-section (2) or sub-section (3) of section 4, the other conditions which are required to be fulfilled by an applicant under clause (d) of sub-section (4) of section 4, the form in which and the conditions subject to which a certificate of registration or renewal may be granted under sub-section (5) of section 4, the form and manner of maintaining a register under clause (a) of sub-section (7) of section 4, the information and return which may be furnished to the registering authority and the transport research wing of the ministry of the central government dealing with road transport and highways under clause (c) of sub-section (7) of section 4, the form and manner in which a goods forwarding note shall be executed by the consignor under sub-section (1) of section 8, the form and manner in which a common carrier shall issue goods receipts under sub-section (1) of section 9, the procedure and safeguards to be complied with for carrying goods of dangerous or hazardous nature to human life under sub-section (1) of section 13 and the specification of the goods of dangerous or hazardous nature to human life and the label or class of labels to be carried or displayed in or on the motor vehicle or on such goods in the course of their transportation under sub-section (2) of section 132 sub-clause (3) of the said clause 20 of the bill requires that the rules made by the central government under the proposed legislation shall have to be laid before parliament3 the matters in respect of which rules may be made are matters of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for the regulation of common carriers, limiting their liability and declaration of value of goods delivered to them to determine their liability for loss of, or damage to, such goods occasioned by the negligence or criminal acts of themselves, their servants or agents and for matters connected therewith or incidental thereto————mgipmrnd—4132rs(s3)—05-12-2005

Parliament_bills

897e5633-de55-51ec-b017-59bf47785806

short title amendment act no outstanding against financial assistance disbursed , to the borrower of such secured creditors, have taken any measures to recover their secured debt under sub-section ( 4) of section 13 of that act" a bjilto regulate securitisation and reconstruction of financial assets and enforcement of security interest and for matters connected therewith or incidental thereto (as passed by jhe houses of parliamenl)

Parliament_bills

1054da54-8958-5e4e-bdf2-c7522b2b135b

bill no 180 of 2018 the constitution (amendment) bill, 2018 by shri bhairon prasad mishra mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2018short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5amendment of article 152 in article 15 of the constitution, for clauses (4) and (5) the following clauses shall be substituted, namely:—''(4) nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens, or for the scheduled castes and the scheduled tribes:provided that the provision for the advancement of socially and educationally backward classes of citizens shall be proportionate to their population5(5) nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions referred to in clause (1) of article 30:10provided that the provision for the advancement of socially and educationally backward classes of citizens shall be proportionate to their populationexplanation— in this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published15amendment of article 163 in article 16 of the constitution, for clause (4), the following clause shall be substituted, namely:—''(4) nothing in this article shall prevent the state from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the state, are not represented in the services under the state, proportionate to their population20explanation— the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published" statement of objects and reasonsthe enabling content of articles 15(4) and 16(4) as they stand today, empower the state to make provisions for reservation in education and in public employment in relation to the population of the socially and educationally backward classes (sebcs) as identified by the respective backward classes commissions the percentage of reservation in central institutions, both in education and public services is twenty seven per cent, so as to keep the overall percentage of reservations under the judicially mandated limit of fifty per cent, while the population of sebcs so far identified and recognized as such, is over fifty five per centthe issue of provision of reservations and affirmative action has been an on-going debate in the country more particularly, about the adequacy of the measures taken by the elected government to ameliorate the conditions of socially and educationally backward classes judicial dicta have limited the overall percentage of reservations to only fifty per cent of the available educational opportunities in respect of such sebcs including scheduled castes (scs) and scheduled tribes (sts), having regard to the enabling provision requiring the said measures on the principle of adequacy of representation enshrined under article 16(4) of the constitution there have been many agitations about the sheer inadequacy of such measures, to meet the aspirations of such classes, more particularly in regard to educational opportunities and servicesa few states such as tamil nadu, have already enhanced the reservations in excess of fifty per cent and the challenge to such measures are awaiting judicial adjudication the present state of affairs shows that existing opportunities in the education and services sector are not meeting the requirements of the population of the already identified sebcs the constitutional protection granted to scs and sts of affording reservations to them in all sectors, such as education, services, political representation, proportional to their population, is required to be extended to sebcs also, having regard to the march of time, and increase in the population of the sebcshence this bill new delhi;bhairon prasad mishranovember 22, 2018 annexure extracts from the constitution of india (4) nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes (4) nothing in this article shall prevent the state from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state lok sabha———— a billfurther to amend the constitution of india————(shri bhairon prasad mishra, mp)mgipmrnd—2071ls(s3)—11122018

Parliament_bills

5b8fe086-6e55-5600-ae0c-5dc1512c942a

bill no 34 of 2009 the consumer goods (mandatory printing of cost of production and maximum retail price) bill, 2009 by shri hansraj gangaramji ahir, mp a billto provide for printing of cost of production and maximum retail price of consumer goods being sold in the market and for matters connected therewithbe it enacted by parliament in the sixtieth year of the republic of india as follows:— 1 (1) this act may be called the consumer goods (mandatory printing of cost of production and maximum retail price) act, 2009short title, extent and application(2) it extends to the whole of india5(3) it shall apply to all persons involved in marketing or manufacturing of goods based on either indigenous or imported materials with intention of offering it for sale in the market2 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means the central government or a state government as the case may be;10(b) "consumer goods" means all goods and items brought in the market for saleand are meant for the use and consumption of the consumers;(c) "cost of production" means cost incurred directly or indirectly by themanufacturer in the production of goods;(d) "maximum retail price" means such price at which the product shall be sold in retail and such price shall include all taxes levied on the product;(e) "prescribed" means prescribed by rules made under this act; and5(f) "printing" means printing of the cost of production and retail price at a visible place on the product in hindi and english and the local language of the place it is sold 3 no person shall sell or cause to be sold any consumer goods without the cost of production and maximum retail price of the product printed on such product after the expiry of six months from the date of coming into force of this actmandatory printing of cost of production and maximum retail price on packaging of consumer goods104 (1) any person may file a complaint with the appropriate government in case a consumer goods is sold at more than the maximum retail price printed on the product or is sold without the cost of production of the product printed on it(2) the appropriate government, on receipt of the complaint from any individual or on its own, shall cause an enquiry made into the complaint15provision of complaint against selling of consumer goods for a price more than maximum retail price, etc(3) if, after the enquiry made under sub-section (2), it is found that the provisions of the act have been violated, the license of the organization responsible for manufacturing the consumer goods as also of the organization selling the consumer goods shall be cancelled forthwith and the person-in-charge of the organization shall be punished with simple imprisonment for a term which shall not be less than one year and with fine which shall not be less than rupees one lakh20 5 the provision of this act shall be given wide publicity by the appropriate government through such media as it may deem fitact to be given wide publicity6 the provisions of this act shall be in addition to, and not in derogation of any other law, for the time being in force, relating to matters provided in this actact not in derogation of any other law25power tomake rules7 (1) the central government may make rules for carrying out the purposes of this act30(2) 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 the 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 statement of objects and reasonsit is generally seen that the prices of consumer goods sold in the markets are determined arbitrarily by the manufacturers in this process, the manufacturers gain huge profit as the actual manufacturing cost is very low the consumers' interests are compromised and they are compelled to buy goods at much higher prices in comparison to actual manufacturing cost of goods thus, consumers are subjected to economic exploitationfor example, potato chips, drinking water, soft drinks, automobiles, medicines, etc are being sold at a price much higher than their cost price the manufacturers arbitrarily fix the price and the consumers are compelled to purchase goods at higher costs if it is made mandatory for the manufacturers to print the actual cost of production of goods alongwith their maximum retail price it will help to curb the greed of the manufacturers such a measure will also help the consumers in making a decision regarding buying the productit is the duty of the government to bring a legislation for protecting the interests of consumers in the wake of economic liberalisation, it has become essential that the consumers are given the right to know the actual manufacturing cost of the goods they are going to purchaseit is also in the public interest to make commodities and goods available at fair prices to consumers the interests of consumers can be protected against the vice of profiteering by making the goods and commodities available to them at a reasonable pricehence the billnew delhi;hansraj gangaramji ahirjune 22, 2009 financial memorandumclause 5 of the bill provides that appropriate government shall give wide publicity to the provisions of this actthe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india the state governments will also incur expenditure from their respective consolidated funds an annual recurring expenditure of about rupees twenty-five crore is likely to be incurred from the consolidated fund of indiaa non-recurring expenditure of about rupees five crore is also likely to be incurred memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only and as such the delegation of legislative power is of a normal character———— a billto provide for printing of cost of production and maximum retail price of consumer goods being sold in the market and for matters connected therewith————(shri hansraj gangaramji ahir, mp)gmgipmrnd—2387ls(s-5)—02072009

Parliament_bills

bd8f2d39-0fb4-5b04-be2c-df0a0f023241

bill no 18 of 2011 the banking laws (amendment) bill, 2011 abillfurther to amend the banking regulation act, 1949, the banking companies (acquisition and transfer of undertakings) act, 1970 and the banking companies (acquisition and transfer of undertakings) act, 1980 and to make consequential amendments in certain other enactmentsbe it enacted by parliament in the sixty-second year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the banking laws (amendment) act, 2011short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:10provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision chapter ii amendments to the banking regulation act, 194910 of 1949insertion of new section 2a2 after section 2 of the banking regulation act, 1949 (hereinafter in this chapter referred to as the principal act), the following section shall be inserted, namely:—512 of 2003competition act not to apply in certain cases'' 2a notwithstanding anything to the contrary contained in section 2, nothing contained in the competition act, 2002 shall apply to any banking company, the state bank of india, any subsidiary bank, any corresponding new bank or any regional rural bank or co-operative bank or multi-state co-operative bank in respect of the matters relating to amalgamation, merger, reconstruction, transfer, reconstitution or acquisition under—10(i) this act; (ii) the state bank of india act, 1955;23 of 1955 38 of 1959(iii) the state bank of india (subsidiary banks) act, 1959;155 of 1970(iv) the banking companies (acquisition and transfer of undertakings)act, 1970;21 of 1976(v) the regional rural banks act, 1976;40 of 1980(vi) the banking companies (acquisition and transfer of undertakings)act, 1980;39 of 2002(vii) the multi-state co-operative societies act, 2002; and20(viii) any state law relating to co-operative societies"amendment of section 53 in section 5 of the principal act, for clause (a), the following clause shall be substituted, namely:—'(a) ''approved securities'' means the securities issued by the central government or any state government or such other securities as may be specified by the reserve bank from time to time;'254 in section 12 of the principal act, in sub-section (1),—amendment of section 12(i) for clause (ii), the following clause shall be substituted, namely:—1 of 1956''(ii) that, notwithstanding anything contained in the companies act,1956, the capital of such banking company consists of—30(a) equity shares only, or (b) equity shares and preference shares:35provided that the issue of preference share shall be in accordance with the guidelines framed by the reserve bank specifying the class of preference shares, the extent of issue of each class of such preference shares (whether perpetual or irredeemable or redeemable), and the terms and conditions subject to which each class of preference shares may be issued:401 of 1956provided further that no holder of the preference share, issued by the company, shall be entitled to exercise the voting right specified in clause (b) of sub-section (2) of section 87 of the companies act, 1956;'';(ii) the proviso shall be omitted; (iii) sub-section (2) shall be omitted5 after section 12a of the principal act, the following section shall be inserted, namely:—insertion of new section 12b5regulation of acquisition of shares or voting rights10'12b (1) no person (hereinafter referred to as "the applicant") shall, except with the previous approval of the reserve bank, on an application being made, acquire or agree to acquire, directly or indirectly, by himself or acting in concert with any other person, shares of a banking company or voting rights therein, which acquisition taken together with shares and voting rights, if any, held by him or his relative or associate enterprise or person acting in concert with him, makes the applicant to hold five per cent or more of the paid-up share capital of such banking company or entitles him to exercise five per cent or more of the voting rights in such banking companyexplanation 1—for the purposes of this sub-section,—(a) "relative" shall have the meaning assigned to it in section 6 of the companies act, 1956;1 of 195615(b) "associate enterprise" means a company, whether incorporated or not, which,—(i) is a holding company or a subsidiary company of the applicant;or(ii) is a joint venture of the applicant; or20(iii) controls the composition of the board of directors or otherbody governing the applicant; or(iv) exercises, in the opinion of the reserve bank, significantinfluence on the applicant in taking financial or policy decisions; or25(v) is able to obtain economic benefits from the activities of theapplicant;30(c) persons shall be deemed to be "acting in concert" who, for a common objective or purpose of acquisition of shares or voting rights in excess of the percentage mentioned in this sub-section, pursuant to an agreement or understanding (formal or informal), directly or indirectly cooperate by acquiring or agreeing to acquire shares or voting rights in the banking company35explanation 2—for the purposes of this act, joint venture means a legal entity in the nature of a partnership engaged in the joint undertaking of a particular transaction for mutual profit or an association of persons or companies jointly undertaking some commercial enterprise wherein all contribute assets and share risks(2) an approval under sub-section (1) may be granted by the reserve bank if it is satisfied that—(a) in the public interest; or40(b) in the interest of banking policy; or (c) to prevent the affairs of any banking company being conducted in amanner detrimental or prejudicial to the interests of the banking company; or(d) in view of the emerging trends in banking and international best practices;or45(e) in the interest of the banking and financial system in india, the applicant is a fit and proper person to acquire shares or voting rights:provided that the reserve bank may call for such information from the applicant as it may deem necessary for considering the application referred to in sub-section (1):provided further that the reserve bank may specify different criteria for acquisition of shares or voting rights in different percentages510(3) where the acquisition is by way of transfer of shares of a banking company and the reserve bank is satisfied that such transfer should not be permitted, it may, by order, direct that no such share shall be transferred to the proposed transferee and may further direct the banking company not to give effect to the transfer of shares and in case the transfer has been registered, the transferee shall not be entitled to exercise voting rights on poll in any of the meetings of the banking company(4) the approval for acquisition of shares may be subject to such conditions as the reserve bank may deem fit to impose, including a condition that any further acquisition of shares shall require prior approval of the reserve bank and that the applicant continues to be a fit and proper person to hold the shares or voting rights15 20(5) before issuing or allotting any share to any person or registering the transfer of shares in the name of any person, the banking company shall ensure that the requirements of sub-section (1) are complied with by that person and where the acquisition is with the approval of the reserve bank, the banking company shall further ensure that the conditions imposed under sub-section (4), if any, of such approval are fulfilled(6) the decision of the reserve bank on the application made under sub-section(1) shall be taken within a period of ninety days from the date of receipt of the application by the reserve bank:25provided that in computing the period of ninety days, the period taken by the applicant for furnishing the information called for by the reserve bank shall be excluded(7) the reserve bank may specify the minimum percentage of shares to be acquired in a banking company if it considers that the purpose for which the shares are proposed to be acquired by the applicant warrants such minimum shareholding30 35(8) the reserve bank may, if it is satisfied that any person or persons acting in concert with him holding shares or voting rights in excess of five per cent of the total voting rights of all the shareholders of the banking company, are not fit and proper to hold such shares or voting rights, pass an order directing that such person or persons acting in concert with him shall not, in the aggregate, exercise voting rights on poll in excess of five per cent of the total voting rights of all the shareholders of the banking company:provided that the reserve bank shall not pass any such order without giving an opportunity of being heard to such person or persons acting in concert with him'6 in section 13 of the principal act,—amendment of section 1340(i) for the words "paid-up value of the said shares" occurring at the end, the words "price at which the said shares are issued" shall be substituted;(ii) the following explanation shall be inserted, namely:—'explanation—for the removal of doubts, it is hereby declared that expression "price at which the said shares are issued" shall include amount or value of premium on such shares'7 in section 18 of the principal act,—amendment of section 18(i) in sub-section (1),—(a) for the words "shall maintain in india", the words "shall maintain in india on a daily basis" shall be substituted;5(b) for the words "at least three per cent", the words "such per cent" shall be substituted;10(c) after the words "second preceding fortnight", the words "as the reserve bank may specify, by notification in the official gazette, from time to time, having regard to the needs of securing the monetary stability in the country" shall be inserted;(d) in the explanation, in clause (a), in sub-clause (ii), the words "or from the development bank" shall be omitted; (ii) after sub-section (1), the following sub-sections shall be inserted, namely:—15 20(1a) if the balance held by such banking company at the close of business on any day is below the minimum specified under sub-section (1), such banking company shall, without prejudice to the provisions of any other law for the time being in force, be liable to pay to the reserve bank, in respect of that day, penal interest at a rate of three per cent above the bank rate on the amount by which such balance falls short of the specified minimum, and if the sortfall continues further, the penal interest so charged shall be increased to a rate of five per cent above the bank rate in respect of each subsequent day during which the default continues25(1b) notwithstanding anything contained in this section, if the reserve bank is satisifed, on an application in writing by the defaulting banking company, that such defaulting banking company had sufficient cause for its failure to company with the provisions of sub-section (1), it may not demand the payment of the penal interest30(1c) the reserve bank may, for such period and subject to such conditions as may be specified, grant to any banking company such exemptions from the provisions of this section as it thinks fit with reference to all or any of its offices or with reference to the whole or any part of its assets and liabilities" 8 in section 24 of the principal act,—amendment of section 24(a) in sub-section (4), in clause (a), the words, brackets and letter "clause(a) of" shall be omitted;35(b) in sub-section (5), in clause (b), the words, brackets and letter "clause(a) of" shall be omitted;(c) in sub-section (8), the words, brackets and letter "clause (a) of" shall be omitted;409 after section 26 of the principal act, the following section shall be inserted, namely:—insertion of new section26a'26a (1) the reserve bank shall establish a fund to be called the "depositor education and awareness fund" (hereafter in this section referred to as the "fund")establishment of depositor education and awareness fund45(2) there shall be credited to the fund the amount to the credit of any account in india with a banking company which has not been operated upon for a period of ten years or any deposit or any amount remaining unclaimed for more than ten years, within a period of three months from the expiry of the said period of ten years:5providing that nothing contained in this sub-section shall prevent a depositor or any other claimant to claim his deposit or unclaimed amount or operate his account or deposit account from or with the banking company after the expiry of said period of ten years and such banking comapny shall be laible to repay such deposit or amount at such rate of interest as may be specified by the reserve bank in this behalf(3) where the banking company has paid outstanding amount referred to in subsection (2) or allowed operation of such account or deposit, such banking company may apply for refund of such amount in such manner as may be specified by the authority or committee referred to in sub-section (5)10(4) the fund shall be utilised for promotion of depositors' interests and for such other purposes as may be specified by the reserve bank from time to time15(5) the reserve bank shall, by notification in the official gazette, specify an authority or committee, with such members as the reserve bank may appoint, to administer the fund, and to maintain separate accounts and other relevant records in relation to the fund in such forms as may be specified by the reserve bank(6) it shall be competent for the authority or committee appointed under subsection (5) to spend moneys out of the fund for carrying out the objects for which the fund has been established'2010 after section 29 of the principal act, the following section shall be inserted, namely:—insertion of new section 29a power in respect of associate enterprises25'29a (1) the reserve bank may, at any time, direct a banking company to annex to its financial statements or furnish to it separately, within such time and at such intervals as may be specified by the reserve bank, such statements and information relating to the business or affairs of any associate enterprise of the banking company as the reserve bank may consider necessary or expedient to obtain for the purpose of this act1 of 195630(2) notwithstanding anything to the contrary contained in the companies act,1956, the reserve bank may, at any time, cause an inspection to be made of any associate enterprise of a banking company and its books of account by one or more of its officers or employees or other persons(3) the provisions of sub-section (2) and (3) of section 35 shall apply mutatis mutandis to the inspection under this sectionexplanation—"associate enterprise" in relation to a banking company includes an enterprise which—35(i) is a holding company or a subsidiary company of the banking company;or(ii) is a jont venture of the banking company; or (iii) is a subsidiary company or a joint venture of the holding company of the banking company; or40(iv) controls the composition of the board of directors or other body governing the banking company; or(v) exercises, in the opinion of the reserve bank, significant influence on the banking company in taking financial or policy decisions; or45(vi) is able to obtain economic benefits from the activities of the banking company' 11 after part iia of the principal act, the following part shall be inserted, namely:—insertion of new part iiab "part iiab supersession of board of directors of banking company5supersession of board of directors in certain cases1036aca (1) where the reserve bank is satisfied, in consultation with the central government, that in the public interest or for preventing the affairs of any banking company being conducted in a manner detrimental to the interest of the depositors or any banking company or for securing the proper management of any banking company, it is necessary so to do, the reserve bank may, for reasons to be recorded in writing, by order, supersede the board of directors of such banking company for a period not exceeding six months as may be specified in the order:provided that the period of supersession of the board of directors may be extended from time to time, so, however, that the total period shall not exceed twelve months15(2) the reserve bank may, on supersession of the board of directors of the banking company under sub-section (1) appoint in consultation with the central government for such period as it may determine, an administrator (not being an officer of the central government or a state government) who has experience in law, finance, banking, economics or accountancy20(3) the reserve bank may issue such directions to the administrator as it may deem appropriate and the administrator shall be bound to follow such directions1 of 1956(4) upon making the order of supersession of the board of directors of a banking company, notwithstanding anything contained in the companies act, 1956,—(a) the chairman, managing director and other directors shall, as from the date of supersession, vacate their offices as such;251 of 195630(b) all the powers, functions and duties which may, by or under the provisions of the companies act, 1956 or this act, or any other law for the time being in force, be exercised and discharged by or on behalf of the board of directors of such banking company, or by a resolution passed in general meeting of such banking company, shall, until the board of directors of such banking company is reconstituted, be exercised and discharged by the administrator appointed by the reserve bank under sub-section (2):provided that the power exercised by the administrator shall be valid notwithstanding that such power is exercisable by a resolution passed in the general meeting of such banking company35(5) the reserve bank may constitute, in consultation with the central government, acommittee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the administrator in the discharge of his duties(6) the committee shall meet at such times and places and observe such rules of procedure as may be specified by the reserve bank40(7) the salary and allowances to the administrator and the members of the committeeconstituted under sub-section (5) by the reserve bank shall be such as may be specified by the reserve bank and be payable by the concerned banking company45(8) on and before the expiration of two months before the expiry of the period ofsupersession of the board of directors as specified in the order issued under sub-section (1), the administrator of the banking company, shall call the general meeting of the company to elect new directors and reconstitute its board of directors(9) notwithstanding anything contained in any other law or in any contract, the memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termination of his office5(10) the administrator appointed under sub-section (2) shall vacate office immediately after the board of directors of such banking company has been reconstituted"12 in section 46 of the principal act,—amendment of section 46(a) in sub-section (1), for the words "and shall also be liable to fine", the words"or with fine, which may extend to one crore rupees or with both" shall be substituted;(b) in sub-section (2),—10(i) for the words "two thousand rupees", the words "twenty lakh rupees"shall be substituted;(ii) for the words "one hundred rupees", the words "fifty thousand rupees"shall be substituted;15(c) in sub-section (4),—(i) for the words "fifty thousand rupees", the words "one crore rupees"shall be substituted;20(ii) for the words "two thousand and five hundred rupees", the words"one lakh rupees" shall be substituted13 in section 47a of the principal act, in sub-section (1),—amendment of section 47a(a) in the opening portion, for the words, brackets and figures "sub-section (3)or sub-section (4)" the words, brackets and figures "sub-section (2) or sub-section (3)or sub-section (4)" shall be substituted;25(b) for sub-clauses (a) and (b), the following sub-clauses shall be substituted, namely:—30"(a) where the contravention or default is of the nature referred to in subsection (2) of section 46, a penalty not exceeding twenty lakh rupees in respect of each offence if the contravention or default persists, a further penalty not exceeding fifty thousand rupees for everyday, after the first day, during which the contravention or deafult continues;(b) where the contravention is of the nature referred to in sub-section (3)of section 46, a penalty not exceeding twice the amount of the deposits in respect of which such contravention was made;35(c) where the contravention or default is of the nature referred to in subsection (4) of section 46, a penalty not exceeding one crore rupees or twice the amount involved in such contravention or deafult where such amount is quantifiable, whichever is more, and where such contravention or deafult is a continuing one, a further penalty which may extend to one lakh rupees for everyday, after the first day, during which the contravention or deafult continues"4014 in section 51 of the principal act, in sub-section (1),—amendment of section 51(a) after the words "provisions of sections", the figure and letter "2a," shall be inserted;(b) before the words, brackets, figures and letters "sub-sections (1b), (1c) and(2) of sections 30", the figures and letter, "29a," shall be inserted 15 in section 56 of the principal act,—amendment of section 56(a) in clause (i) relating to substitution of section 18,—(a) in sub-section (1),—5(i) for the words "state co-operative bank", the words "a co-operative bank" shall be substituted;(ii) for the brackets and words '(hereinafter referred to as a"scheduled state co-operative bank")', the brackets and words '(hereinafter referred to as a "scheduled co-operative bank")' shall be substituted;10(iii) for the words "at least three per cent", the words "such per cent" shall be substituted; and(iv) after the words "second preceding fortnight", the words "as the reserve bank may specify, by notification in the official gazette, from time to time having regard to the needs for securing the monetary stability in the country" shall be inserted;15(b) in the explanation,—(i) in clause (a),—(1) in sub-clause (ii), the words "the development bank" shall be omitted;20(2) in sub-clauses (iii) and (iv), for the words "state cooperative bank", the words "co-operative bank" shall be substituted; (ii) in clause (c), for the letter and words "a corresponding new bank", the letters and words "a corresponding new bank of idbi bank ltd" shall be substituted;25(c) after sub-section (1), the following sub-sections shall be inserted, namely:—10 of 194930 35 40"(1a) if the balance held by co-operative bank referred to in subclause (cci) of clause (c) of section 56 of the banking regulation act, 1949, at the close of business on any day is below the minimum specified under sub-section (1), such co-operative bank shall, without prejudice to the provisions of any other law for the time being in force, be liable to pay to the reserve bank, in respect of that day, penal interest at a rate of three per cent above the bank rate on the amount by which such balance falls short of the specified minimum, and if the shortfall continues further, the penal interest so charged shall be increased to a rate of five per cent above the bank rate in respect of each subsequent day during which the default continues(1b) notwithstanding anything contained in this section, if the reserve bank is satisfied, on an application in writing by the defaulting co-operatrive bank, that such defaulting co-operative bank had sufficient cause for its failure to comply with the provisions of sub-section (1), it may not demand the payment of the penal interest(1c) the reserve bank may, for such period and subject to such conditions as may be specified, grant to any co-operative bank such exemptions from the provisions of this section as it thinks fit with reference to all or any of its officers or with reference to the whole or any part of its assets and liabilities";(b) in clause (o) relating to the modification of section 22,—(a) in sub-section (1),—(i) clause (a) shall be omitted;5(ii) after the proviso, the following proviso shall be inserted, namely:—10"provided further that nothing in this sub-section shall apply to a primary credit society carrying on banking business on or before the commencement of the banking laws (amendment) act, 2011, for a period of one year or for such further period not exceeding three years, as the reserve bank may, after recording the reasons in writing for so doing, extend";(b) in sub-section (2),—15 20(i) for the words "every primary credit society which becomes a primary co-operative bank after such commencement shall before the expiry of three months from the date on which it so becomes a primary co-operative bank", the words, brackets and figures "every primary credit society which had become a primary co-operative bank on or before the commencement of the banking laws (amendment) act,2011, shall before the expiry of three months from the date on which it had become a primary co-operative bank" shall be substituted;(ii) the words "other than a primary credit society" shall be omitted;(iii) in the proviso,—25(a) in clause (ii), for the words "thereafter, or", the word"thereafter," shall be substituted;(b) clause (iii) shall be omitted;(c) in clause (q) relating to modification of section 24,—(a) sub-clause (i) shall be omitted;30(b) for sub-clause (ii), the following sub-clause shall be substituted, namely:—'(ii) for sub-section (2a), the following sub-section shall be substituted, namely:—2 of 193435 40"(2a) a scheduled co-operative bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the reserve bank of india act, 1934 and every other co-operative bank, in addition to the cash reserve which it is required to maintain under section 18, shall maintain in india, assets, the value of which shall not be less than such percentage not exceeding forty per cent of the total of its demand and time liabilities in india as on last friday of the second preceding fortnight as the reserve bank may, by notification in the official gazette, specify from time to time and such assets shall be maintained in such form and manner, as may be specified in such notification" ';(d) after clause (ri), the following clause shall be inserted, namely:—'(ria) in section 26a, for the words "banking companies", the words"co-operative bank" shall be substituted;',(e) in clause (s), in the opening portion, for the words and figures, "sections29 and 30", the word and figures "section 29" shall be substituted;(f) after clause (s), the following clause shall be inserted, namely:—5'(sa) for section 30, the following section shall be substituted, namely:—audit10 15"30 (1) without prejudice to anything contained in any other law for the time being inforce, where the reserve bank is satisfied that it is necessary in the public interest or in the interest of the co-operative bank or its depositors so to do, it may at any time by general or special order direct that an additional audit of the co-operative bank accounts, for any such transactions or class of transactions or for such period or periods as may be specified in the order, shall be conducted and may by the same or a different order appoint a person duly qualified under any law for the time being inforce to be an auditor of companies to conduct such audit, and the auditor shall comply with such directions and make a report of such audit to the reserve bank and forward a copy thereof to the co-operative bank(2) the expenses of, or incidental to, the additional audit specified in the order made by the reserve bank shall be borne by the co-operative bank201 of 195625(3) the auditor referred to in sub-section (1) shall have such powers, exercise such functions vested in and discharge the duties and be subject to the liabilities and penalties imposed on auditors of companies by section 227 of the companies act, 1956 and also that of the auditors, if any, appointed by the law establishing, constituting or forming the co-operative bank to the extent the provisions of the companies act, 1956 are not inconsistent with the provisions of such law30(4) in addition to the matters referred to in the order under subsection (1) the auditor shall state in his report—(a) whether or not the information and explanation required by him have been found to be satisfactory;35(b) whether or not the transactions of the co-operative bank which came to his notice have been within the powers of the co-operative bank;(c) whether or not the returns received from branch offices of the co-operative bank have been found adequate for the purpose of his audit;40(d) whether the profit and loss accounts, shows a truebalance or profit or loss for the period covered by such account;(e) any other matter which he considers should be brought to the notice of the reserve bank and the shareholders of the co-operative bank'' ' chapter iii amendment to the banking companies (acquisition and transfer of undertakings) act, 1970amendment of section 35 of 1970516 in section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970—(a) for sub-section (2a), the following sub-section shall be substituted, namely:—10"(2a) subject to the provisions of this act, the authorised capital of every corresponding new bank shall be three thousand crores of rupees divided into three hundred crores of fully paid-up shares of ten rupees each:provided that the corresponding new bank may reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide with the prior approval of the reserve bank:15provided further that the central government may in consultation with the reserve bank and by notification in the official gazette increase or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paid-up shares";20(b) in sub-section (2b), in clause (c), after the words "public issue", the words "or rights issue or by issue of bonus shares" shall be inserted;(c) in sub-section (2bb), after the words ''public issue'', the words ''or rights issue or by issue of bonus shares'' shall be inserted;(d) in sub-section (2bba), in clause (a), after the words "public issue", the words "or rights issue or by issue of bonus shares" shall be inserted;25(e) in sub-section (2c), after the words "public issue", the words "or rights issue or by issue of bonus shares" shall be inserted;(f) in sub-section (2e),—(i) for the words "one per cent", the words "ten per cent" shall be substituted;30 35(ii) in the second proviso, for the words "no preference shareholder shall be entitled to exercise voting rights in respect of preference shares held by him in excess of one per cent", the words "no preference shareholder, other than the central government, shall be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent" shall be substituted chapter iv amendment to the banking companies (acquisition and transfer of undertakings) act, 1980amendment of section 340 of 19804017 in section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980,—(a) for sub-section (2a), the following sub-section shall be substituted, namely:—45"(2a) subject to the provisions of this act, the authorised capital of every corresponding new bank shall be three thousand crores of rupees divided into three hundred crores of fully paid-up shares of ten rupees each:provided that the corresponding new bank may reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide with the prior approval of the reserve bank:5provided further that the central government may, in consultation with the reserve bank, and by notification in the official gazette increase or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paid-up shares";(b) in sub-section (2b), in clause (c), after the words "public issue", the words"or rights issue or by issue of bonus shares" shall be inserted;10(c) in sub-section (2bb), after the words "public issue", the words "or rights issue or by issue of bonus shares" shall be inserted;(d) in sub-section (2bba), in clause (a), after the words "public issue", the words "or right issue or by issue of bonus shares" shall be inserted;15(e) in sub-section (2c), after the words "public issue", the words "or rights issue or by issue of bonus shares" shall be inserted;(f) in sub-section (2e),—(i) for the words "one per cent", the words "ten per cent" shall be substituted20(ii) in the second proviso, for the words "no preference shareholder shall be entitled to exercise voting rights in respect of preference shares held by him in excess of one per cent", the words "no preference shareholder, other than the central government, shall be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent" shall be substituted chapter v25 miscellaneous18 the enactments specified in the schedule are hereby amended to the extent and in the manner mentioned in the third column thereofamendment of certain enactments the schedule (see section 18)| sl no short title | amendment ||--------------------------------------|-----------------------------------|| 5 | || 1 | the state financial corporation || act, 1951 (63 of 1951) | the words and figures "and || the banking regulation act, 1949" | || 10 of 1949 | || shall be omitted | || 10 | || 2 | the state bank of india act, || 1955 (23 of 1955) | "and the banking regulation act, || 1949" shall be omitted | || 10 of 1949 | || 3 | the state bank of india || (subsidiary banks) act, 1959 | "and the banking regulation act, || (38 of 1959) | 1949" shall be omitted || 10 of 1949 | || 15 | || 4 | the warehousing corporations || act, 1962 (58 of 1962) | "and the banking regulation act, || 1949" shall be omitted | || 10 of 1949 | || 20 | || 5 | the regional rural banks act, || 1976 (21 of 1976) | "and shall also be deemed to be || approved securities for the purposes | || of the banking regulation act, 1949" | || 10 of 1949 | || shall be omitted | || 25 | || 6 | the industrial finance || corporation (transfer of | "and the banking regulation act, || undertaking and repeal) | 1949" shall be omitted || 10 of 1949 | || act, 1993 (23 of 1993) | || 7 | the industrial reconstruction || bank (transfer of undertakings | "and the banking regulation act, || and repeal) act, 1997 (7 of 1997) | 1949" shall be omitted || 10 of 1949 | || 30 | || 8 | the unit trust of india (transfer || of undertaking and repeal) act, | "and the banking regulation act, || 2002 (58 of 2002) | 1949" shall be omitted || 10 of 1949 | | statement of objects and reasonsthe banking regulation act, 1949 being the law relating to banking has been in force for more than six decades it, inter alia, empowers the reserve bank to regulate and supervise the banking sector the banking companies are now operating in a liberalised environment in this scenario, it has become necessary that the banking companies in india are enabled to raise capital in accordance with the international best practices therefore, it is proposed to—(a) enable the nationalised banks to increase or decrease the authorised capital with approval from the central government and the reserve bank without being limited by the ceiling of a maximum of three thousand crores of rupees;(b) provide the nationalised banks to issue two additional instruments ("bonus shares" and "rights issue") for accessing the capital market to raise capital required for expansion of banking business;(c) raise the ceiling on voting rights of shareholders of nationalised banks from one per cent to ten per cent;(d) make provisions to ensure that control of banking companies is in the hands of fit and proper persons, it should be mandatory for the persons to obtain prior approval from the reserve bank who propose to acquire five per cent or more of the share capital of a banking company;(e) confer power upon the reserve bank to impose such conditions as it deems necessary while granting such approval for acquisitions of five per cent or more share capital of a banking company (including specifying acquisition of a minimum percentage of shares in a banking company) if it considers necessary; and(f) remove the existing restriction on voting rights limited to ten per cent of the total voting rights of all the shareholders of the banking company 2 taking advantage of the liberalised environment, banking companies are engaging in multifarious activities through the medium of associate enterprises it has, therefore, become necessary for the reserve bank, as the regulator of the banking companies, to be aware of the financial impact of the business of such enterprises on the financial position of the banking companies it is, therefore, proposed to confer power upon the reserve bank to call for information and returns from the associate enterprises of banking companies also and to inspect the same, if necessary3 under the existing provision contained in section 36aa of the banking regulation act, 1949, the reserve bank has, inter alia, power to remove any director or other officers of a banking company, but such power is not adequate if the entire board of directors of a banking company is functioning in a manner detrimental to the interest of the depositors or the banking company itself it is, therefore, proposed to confer power upon the reserve bank to supersede the board of directors of a banking company for a total period not exceeding twelve months and appoint an administrator to manage the banking company during the said period4 the part v of the banking regulation act, 1949 applies to co-operative societies subject to modifications which, inter alia, allow a primary co-operative society to carry on business of banking till it has been granted a licence or a notice is notified that the licence cannot be granted to it for a sound and healthy banking system and to protect the interest of depositors, it has become necessary to ensure that only the co-operative societies licensed by the reserve bank should carry on the business of banking by fulfilling all the requirements specified by the reserve bank and it has become essential to provide the time limit of one year to be extended to three years within which a primary credit society should carry on the business of banking or stop the business of banking5 under the existing provisions of the competition act, 2002, the competition commission of india has power to regulate combination, which causes or is likely to cause an appreciable adverse effect on competition within the relevant market in india it is proposed to insert a new section 2a in the banking regulation act, 1949 so as to exempt mergers of the banking companies from the applicability of the provisions of the competition act, 2002 the exemption of mergers of banking companies from the scrutiny of the competition commission of india would allow the reserve bank to approve mergers of banking companies in public or depositors' interest, in the interest of the banking system in india and to secure the proper management of the banking company in a timely manner without waiting for the approval of the competition commission of india6 the banking regulation (amendment) bill, 2005 was introduced in the lok sabha on the 13th may, 2005 to strengthen the reserve bank's supervisory and regulatory powers over the banking sector the bill was referred to the standing committee on finance for examination and report thereon based on the recommendations of the standing committee, it was decided to move official amendments to the bill in the lok sabha, but the bill could not be taken up for consideration and lapsed due to dissolution of the lok sabha the present bill incorporates certain provisions of the banking regulation (amendment) bill, 20057 in addition to the changes proposed in paragraphs 1 to 5, it is also proposed to,—(a) enable the banking companies to issue preference shares subject to regulatory guidelines of the reserve bank;(b) align the restriction on commission, etc, on sale of shares to issue price rather than to the paid-up value of shares;(c) establish a "depositor education and awareness fund" to take over in operative deposit accounts which have not been claimed or operated for a period of ten years or more;(d) substantially increase the penalties and fine for some violations of the banking regulation act, 1949;(e) confer power upon the reserve bank to levy penal interest in case of nonmaintenance of required cash reserve ratio;(f) confer power upon the reserve bank to order a special audit of co-operative banks in public interest for a more effective supervision of co-operative banks 8 the banking laws (amendment) bill, 2011 seeks to amend the banking regulation act, 1949, the banking companies (acquisition and transfer of undertakings) act, 1970 and the banking companies (acquisition and transfer of undertakings) act, 1980 to make the regulatory powers of reserve bank more effective and to increase the access of the nationalised banks to capital market to raise capital required for expansion of banking business and also to make certain other consequential amendments in certain other enactments9 the bill seeks to achieve the above objects pranab mukherjeenew delhi;the 9th march, 2011 memorandum regarding delegated legislationclause 3 of the bill proposes to confer power upon the reserve bank to specify approved securitiesclause 4 of the bill proposes to empower the reserve bank to issue guidelines so as to specify the class of preference shares, the extent of issue of each class of such preference shares, and the terms and conditions subject to which, the preference shares may be issuedclause 5 of the bill confers power upon the reserve bank to specify different criteria for acquisition of shares or voting rights in different percentages this clause further empowers the reserve bank to specify the minimum percentage of shares to be acquired in a banking company by an applicantclause 7 of the bill confers power upon the reserve bank to specify the cash reserve ratio for select banks this clause further confers power upon the reserve bank to specify the conditions subject to which the select banks would be exempt from provisions of maintenance of specified level of cash reserve ratioclause 9 of the bill confers power upon the reserve bank to specify the rate of interest on unclaimed deposit this clause further confers power upon the reserve bank to specify the purposes for which the depositor education and awareness fund would be utilised this clause also confers power upon the reserve bank to notify an authority or committee to administer the depositor education and awareness fundclause 11 of the bill confers power upon the reserve bank to specify the rules of procedure for the committee to help the administrator appointed for the superseded banks this clause further confers power upon the reserve bank to specify the periodicity of the meetings and rules of procedure, salary and allowances payable to the members of the committee or administratorclause 15 of the bill confers powers upon the reserve bank to specify the cash reserve ratio for select cooperative banks this clause further confers power upon the reserve bank to specify the conditions subject to which the select cooperative banks would be exempt from provisions of maintenance of specified level of cash reserve ratio this clause also confers power upon the reserve bank to specify such percentage of value of assets, in such form and manner, which shall be maintained in india by select cooperative banksthe matters in respect of which the notification or guidelines are issued or specified are all matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is of a normal character annexure extracts from the banking regulation act, 1949 (10 of 1949)| | | | | ||------|------|------|------|-----|interpretation5 in this act, unless there is anything repugnant in the subject or context,—(a) "approved securities" means—2 of 1882(i) securities in which a trustee may invest money under clause (a), clause(b), clause (bb), clause (c) or clause (d) of section 20 of the indian trusts act, 1882;2 of 1882(ii) such of the securities authorised by the central government under clause (f) of section 20 of the indian trusts act, 1882, as may be prescribed;| | | | | ||------|------|------|------|-----|12 (1) no banking company shall carry on business in india, unless it satisfies the following conditions, namely:—| ||------------------|| regulation of || paid-up capital, || subscribed || capital and || authorised || capital and || voting rights of || shareholders |(ii) that the capital of the company consists of ordinary shares only or of ordinary shares or equity shares and such preferential shares as may have been issued prior to the 1st day of july, 1944:provided that nothing contained in this sub-section shall apply to any banking company incorporated before the 15th day of january, 1937(2) no person holding shares in a banking company shall, in respect of any shares held by him, exercise voting rights on poll in excess of ten per cent of the total voting rights of all the shareholders of the banking company| ||-----------------|| 1 of 1956 || restriction on || commission, || brokerage, || discount, etc, || on sale of || shares |13 notwithstanding anything to the contrary contained in sections 76 and 79 of the companies act, 1956, no banking company shall pay out directly or indirectly by way of commission, brokerage, discount or remuneration in any form in respect of any shares issued by it, any amount exceeding in the aggregate two and one-half per cent of the paid-up value of the said shares| ||---------------|| cash reserve || 26 of 1881 |18 (1) every banking company, not being a scheduled bank, shall maintain in india by way of cash reserve with itself or by way of balance in a current account with the reserve bank, or by way of net balance in current accounts or in one or more of the aforesaid ways, a sum equivalent to at least three per cent of the total of its demand and time liabilities in india as on the last friday of the second preceding fortnight and shall submit to the reserve bank before the twentieth day of every month a return showing the amount so held on alternate friday during a month with particulars of its demand and time liabilities in india on such fridays or if any such friday is a public holiday under the negotiable instruments act, 1881 at the close of business on the preceding working dayexplanation—in this section, and in section 24,—(a) "liabilities in india" shall not include— (ii) any advance taken from the reserve bank or from the development bank or from the exim bank or from the reconstruction bank or from the national bank or from the small industries bank by the banking company; | 24 ||-----------------|| maintenance || of a percentage || of assets |(4) (a) if on any alternate friday or, if such friday is a public holiday, on the preceding working day, the amount maintained by a banking company at the close of business on that day falls below the minimum prescribed by or under clause (a) of sub-section (2a), such banking company shall be liable to pay to the reserve bank in respect of that day's default, penal interest for that day at the rate of three per cent per annum above the bank rate on the amount by which the amount actually maintained falls short of the prescribed minimum on that day; and (5) (a) (b) without prejudice to the provisions of sub-section (4), on the failure of a banking company to maintain as on any day, the amount so required to be maintained by or under clause (a) of sub-section (2a) the reserve bank may, in respect of such default, require the banking company to pay penal interest for that day as provided in clause (a) of subsection (4) and if the default continues on the next succeeding working day, the penal interest may be increased as provided in clause (b) of sub-section (4) for the concerned days [10] m c(8) notwithstanding anything contained in this section, if the reserve bank is satisfied, on an application in writing by the defaulting banking company, that the banking company had sufficient cause for its failure to comply with the provisions of clause (a) of subsection (2a), the reserve bank may not demand the payment of the penal interestexplanation—in this section, the expression "public holiday" means a day which is a public holiday under the negotiable instruments act, 188126 of 1881 [10] m c part iv miscellaneouspenalties46 (1) whoever in any return, balance-sheet or other document for or in any information required or furnished by or under or for the purpose of any provision of this act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine(2) if any person fails to produce any book, account or other document or to furnish an statement or information which under sub-section (2) of section 35 it is his duty to produce or furnish, or to answer any question relating to the business of a banking company which he is asked by an officer making any inspection or scrutiny under that section, he shall be punishable with a fine which may extend to two thousand rupees in respect of each offence, and if he persists in such refusal, to a further fine which may extend to one hundred rupees for every day during which the offence continues (4) if any other provision of this act is contravened or if any default is made in—(i) complying with any requirement of this act or of any order rule or direction made or condition imposed thereunder, or(ii) carrying out of terms of, or the obligations under, a scheme sanctioned under sub-section (7) of section 45, by any person, such person shall be punishable with fine which may extend to fifty thousand rupees or twice the amount involved in such contravention or default where such amount is quantifiable, whichever is more, and where a contravention or default is a continuing one, with a further fine which may extend to two thousand and five hundred rupees for every day, during which the contravention or default continuespower of reserve bank to impose penalty47a (1) notwithstanding anything contained in section 46, if a contravention or default of the nature referred to in sub-section (3) or sub-section (4) of section 46, as the case may be, is made by a banking company, then, the reserve bank may impose on such banking company—(a) where the contravention is of the nature referred to in sub-section (3) of section 46, a penalty not exceeding twice the amount of the deposits in respect of which such contravention was made;(b) where the contravention or default is of the nature referred to in subsection (4) or section 46, a penalty not exceeding five lakh rupees or twice the amount involved in such contravention or default where such amount is quantifiable, whichever is more, and where such contravention or default is a continuing one, a further penalty which may extend to twenty-five thousand rupees for every day, after the first, during which the contravention or default continues [10] m capplication of certain provisions to the state bank of india and other notified banks51 (1) without prejudice to the provisions of the state bank of india act, 1955, or any other enactment, the provisions of sections 10, 13 to 15, 17, 19 to 21-a, 23 to 28, 29 [excluding sub-section (3)] sub-sections (1b), (1c) and (2) of sections 30, 31, 34, 35, 35a, 36 [excluding clause (d) of sub-section (1)], 45y to 45-zf, 46 to 48, 50, 52 and 53 shall also apply, so far as may be, to and in relation to the state bank of india for any corresponding new bank or a regional rural bank or any subsidiary bank as they apply to and in relation to banking companiesprovided that—(a) nothing contained in clause (c) of sub-section (1) of section 10 shall apply to the chairman of the state bank of india or to a managing director of any subsidiary bank in so far as the said clause precludes him from being a director of, or holding an office in, any institution approved by the reserve bank;(b) nothing contained in sub-section (iii) of clause (b) of sub-section (1) of section 20 shall apply to any bank referred to in sub-section (1), insofar as the said sub-clause (iii) of clause (b) precludes that bank from entering into any commitment for granting any loan or advance to or on behalf of a company (not being a government company) in which not less than forty per cent of the paid-up capital is held (whether singly or taken together) by the central government or the reserve bank or a corporation owned by that bank; and(c) nothing contained in section 46 or in section 47a shall apply to,—(i) an officer or the central government or the reserve bank, nominated or appointed as director of the state bank of india or any corresponding new bank or a regional rural bank or any subsidiary bank or a banking company; or(ii) an officer of the state bank of india or a corresponding new bank or a regional rural bank or a subsidiary bank nominated or appointed as director of any of the said banks (not being the bank of which he is an officer) or of a banking company part v applications of the act to co-operative banks56 the provisions of this act, as in force for the time being, shall apply to, or in relation to, co-operative societies as they apply to, or in relation to banking companies subject to the following modifications, namely:—act to apply to co-operative societies subject to modifications (f) for section 18, the following section shall be substitued, namely:—cash reserve2 of 1934 26 of 1881'18 (1) every co-operative bank, not being a state co-operative bank for the time being included in the second schedule to the reserve bank of india act, 1934 (hereinafter referred to as a "scheduled state co-operative bank"), shall maintain in india by way of cash reserve with itself or by way of balance in a current account with the reserve bank or the state co-operative bank of the state concerned or by way of net balance in current accounts, or, in the case of a primary co-operative bank, with the central co-operative bank of the district concerned, or in one or more of the aforesaid ways, a sum equivalent to at least three per cent of the total of its demand and time liabilities in india, as on the last friday of the second preceding fortnight and shall submit to the reserve bank before the fifteenth day of every month a return showing the amount so held on alternate fridays during a month with particulars of its demand and time liabilities in india on such friday or if any such friday is a public holiday under the negotiable instruments act, 1881 at the close of business on the preceding working dayexplanation—in this section and in section 24—(a) "liabilities in india" shall not include— (ii) any advance taken from a state government, the reserve bank, the development bank, the exim bank, the reconstruction bank, the national housing bank, the national bank, the small industries bank or from the national co-operative development corporation established under section 3 of the national co-operative development corporation act, 1962, by the co-operative bank;26 of 1962(iii) in the case of a state or central co-operative bank, also any deposit of money with it representing the reserves fund or any part thereof maintained with it by any other co-operative society within its area of operation, and in the case of a central co-operative bank, also an advance taken by it from the state co-operative bank of the state concerned;(iv) in the case of a primary co-operative bank, also any advance taken by it from the state co-operative bank of the state concerned or the central co-operative bank of the district concerned; (c) "net balance in current accounts" shall, in relation to a co-operative bank, mean the excess, if any, of the aggregate of the credit balances in current account maintained by that co-operative bank with the state bank of india or a subsidiary bank or a corresponding new bank, over the aggregate of the credit balances in current accounts held by the said banks with such co-operative bank; (o) in section 22,—(i) for sub-sections (1) and (2) the following sub-sections shall be substituted, namely:—"(1) save as hereinafter provided, no co-operative society shall carry on banking business in india unless—(a) it is a primary credit society, or (b) it is a co-operative bank and holds a licence issued in that behalf by the reserve bank, subject to such conditions, if any, as the reserve bank may deem fit to impose:23 of 1965provided that nothing in this sub-section shall apply to cooperative society, not being a primary credit society or a co-operative bank carrying on banking business at the commencement of the banking laws (application to co-operative societies) act, 1965 for a period of one year from such commencement23 of 1965(2) every co-operative society carrying on business as a co-operative bank at the commencement of the banking laws (application to co-operative societies) act, 1965 shall before the expiry of three months from the commencement, every co-operative bank which comes into existence as a result of the division of any other co-operative society carrying on business as a co-operative bank, or the amalgamation of two or more co-operative societies carrying on banking business shall, before the expiry of three months from its so coming into existence, every primary credit society which becomes a primary co-operative bank after such commencement shall before the expiry of three months from the date on which it so becomes a primary co-operative bank and every co-operative society other than a primary credit society shall before commencing banking business in india, apply in writing to the reserve bank for a licence under this section:provided that nothing in clause (b) of sub-section (1) shall be deemed to prohibit— (ii) a co-operative bank which has come into existence as a result of the division of any other co-operative society carrying on business as a co-operative bank, or the amalgamation of two or more co-operative societies carrying on banking business at the commencement of the banking laws (application to co-operative societies) act, 1965 or at any time thereafter, or23 of 1965(iii) a primary credit society which becomes a primary co-operative bank after such commencement, from carrying on banking business until it is granted a licence in pursuance of this section or is, by a notice in writing, notified by the reserve bank that the licence cannot be granted to it ; (q) in section 24,—(i) in sub-section (1), the words " after the expiry of two years from the commencement of this act," shall be omitted;(ii) for sub-section (2) and (2a), the following sub-sections shall be substituted, namely—"(2) in computing the amount for the purposes of sub-section (1),—2 of 1934(a) any balances maintained in india by a co-operative bank in current account with the reserve bank or by way of net balance in current accounts, and in the case of a scheduled state co-operative bank, also the balance required under section 42 of the reserve bank of india act, 1934 to be so, maintained;(b) any balances maintained by a central co-operative bank with the state co-operative bank of the state concerned; and(c) any balance maintained by a primary co-operative bank with central co-operative bank of the district concerned or with the state co-operative bank of the state concerned, shall be deemed to be cash maintained in india23 of 1965(2a) (a) notwithstanding anything contained in sub-section (1) or in subsection (2), after the expiry of two years from the commencement of the banking laws(application to co-operative societies) act, 1965 or of such further period not exceeding one year as the reserve bank, having regard to the interests of the co-operative bank concerned, may think fit in any particular case to allow—2 of 1934(i) a scheduled state co-operative bank, in addition to the average daily balance which it is or may be, required to maintain under section 42 of the reserve bank of india act, 1934, and(ii) every other co-operative bank, in addition to the cash reserve which is required to maintain under section 18, shall maintain in india, in cash or in gold valued at a price not exceeding the current market price or in unencumbered approved securities valued at a price determined in accordance with such one or more of, or combination of, the following methods of valuation namely, valuation with reference to cost price, market price, book value or face value, as may be specified by the reserve bank from time to time, an amount which shall not, at the close of business on any day, be less than twenty-five per cent or such other percentage not exceeding four per cent as the reserve bank may, from time to time, by notification in the official gazette, specify, of the total of its demand and time liabilities in india, as on the last friday of the second preceding fortnight(b) in computing the amount for the purpose of clause (a), the following shall be deemed to be cash maintained in india, namely:—2 of 1934(i) any balance maintained by scheduled state co-operative bank with the reserve bank in excess of the balance required to be maintained by it under section 42 of the reserve bank of india act, 1934;(ii) any cash or balances maintained in india by a co-operative bank, other than a scheduled state co-operative bank, with itself or with the state co-operative bank of the state concerned, or in current account with the reserve bank or by way of net balance in current accounts and, in the case of a primary co-operative bank, also any balances maintained with the central co-opeative bank of the district concerned, in excess of the aggregate of the cash or balances required to be maintained under section 18; (s) for sections 29 and 30, the following section shall be substituted, namely:— ————— extract from the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970) chapter ii transfer of the undertakings of existing banks and share capitals of the corresponding new banks3 establishment of corresponding new banks and business thereof(2a) subject to the provisions of this act, the authorised capital of every corresponding new bank shall be one thousand five hundred crores of rupees divided into one hundred fifty crores fully paid-up shares of ten rupees each:provided that the central government may, after consultation with the reserve bank and by notification in the official gazette, increase or reduce the authorised capital as it thinks fit, so however that after such increase or reduction, the authorised capital shall not exceed three thousand crores or be less than one thousand five hundred crores, of rupees(2b) notwithstanding anything contained in sub-section (2) the paid-up capital of every corresponding new bank constituted under sub-section (1) may from time to time be increased by— (c) such amounts as the board of directors of the corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, raise by public issue of shares in such manner as may be prescribed, so, however that the central government shall, at all times, hold not less than fifty-one per cent of the paid-up capital of each corresponding new bank (2bb) notwithstanding anything contained in sub-section (2), the paid-up capital of a corresponding new bank constituted under sub-section (1) may, from time to time and before any paid-up capital is raised by public issue under clause (c) of sub-section (2b), be reduced by—(a) the central government after consultation with the reserve bank, by cancelling any paid-up capital which is lost, or is unrepresented by available assets;(b) the board of directors, after consultation with the reserve bank and with the previous sanction of the central government, by paying off any paidup capital which is in excess of the wants of the corresponding new bank:40 of 1980provided that in a case where such capital is lost, or is unrepresented by available assets because of amalgamation of another corresponding new bank or a corresponding new bank as defined in clause (b) of section 2 of the banking companies(acquisition and transfer of undertakings) act, 1980 with the corresponding new bank, such reduction may be done, either prospectively or retrospectively, but not from a date earlier than the date of such amalgamation(2bba) (a) a corresponding new bank may, from time to time and after any paidup capital has been raised by public issue under clause (c) of sub-section (2b), by resolution passed at an annual general meeting of the shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, and the votes cast in favour of the resolution are not less than three time the number of the votes, if any, cast against the resolution by the shareholders so entitled and voting, reduce its paid-up capital in any ways(2c) the entire paid-up capital of a corresponding new bank, except the paid-up capital raised by public issue under clause (c) of sub-section (2b), shall stand vested in an allotted to, the central government(2e) no shareholder of the corresponding new bank, other than the central government, shall be entitled to exercise voting rights in respect of any shares held by him in excess of one per cent, of the total voting rights of all the shareholders of the corresponding new bank:"provided that the shareholder holding any preference share capital in the corresponding new bank shall, in respect of such capital, have a right to vote only on resolutions placed before such corresponding new bank which directly affects the rights attached to his preference shares:provided further that no preference shareholder shall be entitled to exercise voting rights in respect of preference shares held by him in excess of one per cent of the total voting rights of all the shareholders holding preference share capital only" ————— extracts from the banking companies (acquisition and transfer of undertakings) act, 1980 (40 of 1980) capter ii transfer of the undertakings of existing banks and share capitals of the corresponding new banks3 (1) establishment of corresponding new banks and business thereof(2a) subject to the provisions of the this act, the authorised capital of every corresponding new bank shall be one thousand five hundred crores of rupees divided into one hundred fifty crores fully paid-up shares of ten rupees each:provided that the central government may, after consultation with the reserve bank and by notification in the official gazette, increase or reduce the authorised capital as it thinks fit, so however that after such increase or reduction, the authorised capital shall not exceed three thousand crores or be less than one thousand five hundred crores, of rupees (2b) notwithstanding anything contained in sub-section (2), the paid-up capital of every corresponding new bank constituted under sub-section (l) may from time to time be increased by— (c) such amounts as the board of directors of the corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, raise whether by public issue or preferential allotment or private placement, of equity shares or preference shares in accordance with the procedure as may be prescribed, so, however, that the central government shall, at all times hold not less than fifty-one per cent of the paid-up capital consisting of equity shares of each corresponding new bank:provided that the issue of preference shares shall be in accordance with the guidelines framed by the reserve bank specifying the class of preference shares, the extent of issue of each class of such preference share (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which, each class of preference shares may be issued(2bb) notwithstanding anything contained in sub-section (2), the paid-up capital of a corresponding new bank constituted under sub-section (1) may, from time to time and before any paid-up capital is raised by public issue or preferential allotment or private placement under clause (c) sub-section (2b), be reduced by—(a) the central government, after consultation with the reserve bank, by cancelling any paid-up capital which is lost, or is unrepresented by available assets;(b) the board of directors, after consultation with the reserva bank and with the previous sanction of the central government, by paying off any paidup capital which is in excess of the wants of the corresponding new bank:5 of 1970provided that in a case where such capital is lost, or is unrepresented by available assets because of amalgamation of another corresponding new bank or a corresponding new bank as defined in clause (d) of section 2 of the banking companies (acquisition and transfer of undertakings) act, 1970 with the corresponding new bank, such reduction may be done, either prospectively or retrospectively, but not from a date earlier than the date of such amalgamation (2bba) (a) a corresponding new bank may, from time to time and after any paidup capital has been raised by public issue or preferential allotment or private placement under clause (c) of sub-section (2b), by resolution passed at an annual general meeting of the shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, and the votes cast in favout of the resolutin are not less than three times the number of the votes, if any, cast against the resolution by the shareholders so entiltled and voting, reduce its paid-up capital in any way (2c) the entire paid-up capital of a corresponding new bank except the paid-up capital raised from public by public issue or preferential allotment or private placement under clause (c) of sub-section (2b), shall stand vested in, and allotted to, the central government (2e) no shareholder of the corresponding new bank, other than central government, shall be entitled to exercise voting rights in respect of any shares held by him in excess of one per cent of the total voting rights of all the shareholders of the corresponding new bank:provided that the shareholder holding any preference share capital in the corresponding new bank shall, in respect of such capital, have a right to vote only on resolutions placed before such corresponding new bank which directly affects the rights attached to his preference shares:provided further that no preference shareholder shall be entitled to exercise voting rights in respect of perference shares held by him in excess of one per cent of the total voting rights of all the shareholders holding preference share capital only extract from the state financial corporation act, 1951 (63 of 1951) | 7 ||---------------|| additional || capital of || financial || corporation || and borrowing || powers |2 of 1882 4 of 1938 10 of 1949(3) notwithstanding anything contained in the acts hereinafter mentioned in this subsection, such of the bonds and debentures issued by the financial corporation as are guaranteed by the state government as to the repayment of the principal and payment of interest and receipts issued by it for such of deposits as are guaranteed by the state government as to the repayment of the principal and payment of interest shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 1882 and also to be approved securities for the purpose of the insurance act, 1938 and the banking regulations act, 1949 ————— extract from the state bank of india act, 1955 (23 of 1955)shares to be approved securities12 notwithstanding anything contained in the acts hereinafter mentioned in this section, the shares of the state bank shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 1882, and also to be approved securities for the purposes of the insurance act, 1938, and the banking regulation act, 19492 of 1882 4 of 1938 10 of 1949 ————— extract from the state bank of india (subsidiary banks) act, 1959 (38 of 1959) shares to be approved securities20 notwithstanding anything contained in the acts hereinafter mentioned in this section, the shares of subsidiary bank shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 1882, and also to be approved securities for the purposes of the insurance act, 1938, and the banking regulation act, 19492 of 1882 4 of 1938 10 of 1949 ————— extract from the wareshousing corporations act, 1962 (58 of 1962)| 5 ||---------------|| shares to be || guaranteed by || central || government || and to be || trusted or || approved || securities |2 of 1882 4 of 1938(2) notwithstanding anything contained in the acts mentioned in this sub-section, the shares of the central warehousing corporation shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 1882, and also to be approved securities for the purpose of the insurance act, 1938 and the banking regulation act, 1949 extract from the regional rural banks act, 1976 (21 of 1976)shares to be approved securities2 of 1882 10 of 19497 notwithstanding anything contained in the acts hereinafter mentioned in this section, the shares of a regional rural bank shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 1882, and shall also be deemed to be approved securities for the purposes of the banking regulation act, 1949———— extract from the industrial finance corporation (transfer of undertaking and repeal) act, 1993 (23 of 1993)10 notwithstanding anything contained in any other law for the time being in force, the shares, bonds and debentures of the company shall be deemed to be approved securities for the purposes of the indian trusts act, 1882, the insurance act, 1938 and the banking regulation act, 19492 of 1882 4 of 1938 10 of 1949shares, bonds and debentures to be deemed to be approved securities———— extract from the industrial reconstruction bank (transfer of undertakings and repeal) act, 1997 (7 of 1997)11 notwithstanding anything contained in any other law for the time being in force, the shares, bonds and debentures of the company shall be deemed to be approved securities for the purposes of the indian trusts act, 1882, the insurance act, 1938 and the banking regulation act, 19492 of 1882 4 of 1938 10 of 1949shares, bonds and debentures to be deemed to be approved securities———— extract from the unit trust of india (transfer of undertaking and repeal) act, 2002 (58 of 2002)17 notwithstanding anything contained in any other law for the time being in force, the shares, bonds, debentures and units of the specified undertakings shall be deemed to be approved securities for the purposes of the indian trusts act, 1882, the insurance act, 1938 and the banking regulation act, 19492 of 1882 4 of 1938 10 of 1949shares, bonds, debentures and units to be deemed to be approved securities————abillfurther to amend the banking regulation act, 1949, the banking companies (acquisition and transfer of undertakings) act, 1970 and the banking companies (acquisition and transfer of undertakings) act, 1980 and to make consequential amendments in certain other enactments————(shri pranab mukherjee, minister of finance)

Parliament_bills

f56a73aa-a88c-5fe6-83da-3c9f8bced853

as introduced in lok sabha bill no 265 of 2016 the constitution (amendment) bill, 2016 byshri nishikant dubey, mpabillfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows: —short title1 this act may be called the constitution (amendment) act, 20162 after article 370 of the constitution, the following article shall be inserted, namely:—insertion of new article370a"370a notwithstanding anything contained in articles 80 and 81, until the area of the state of jammu and kashmir and gilgit-baltistan under the occupation of pakistan ceases to be so occupied and the people residing in that area elect their representatives,5(i) five seats in the house of the people and one seat in the council of states shall remain vacant, but such seats shall not be taken into account for reckoning the total membership of the house of the people or the council of states, as the case may be; and(ii) the said area shall be excluded in delimiting the territorial constituencies under article 82"10seats in the house of the people and in the council of states to be kept for the territory of the state of jammu and kashmir and gilgit-baltistan under the occupation of pakistan statement of objects and reasonsa large part of the state of jammu and kashmir and gilgit baltistan was occupied by pakistan after the 1948 war between two countries even after the passage of sixty-six years of the said war, that area, which legitimately belongs to india, still remains under the occupation of pakistan the solution to the kashmir imbroglio is possible only when the area under illegal occupation of pakistan is returned to india and the people there are able to live in a free and democratic environmentit is a matter of extreme surprise that the composition of the lower house, ie the house of the people, does not take into account this territory which is under illegal occupation of another country the state legislature of jammu and kashmir keeps twentyfour seats in the assembly vacant for the territory under illegal occupation of pakistan until that area is reunited with the state however, no such provision exists in the case of the house of the people and the council of states it would be proper that for the area of the state of jammu and kashmir including gilgit baltistan under illegal occupation of pakistan, five seats in the house of the people and one seat in the council of states be kept vacant till that area is reunited with the state of jammu and kashmirhence this billnew delhi;nishikant dubeyoctober 20, 2016 lok sabha———— a billfurther to amend the constitution of india————(shri nishikant dubey, mp)gmgipmrnd—2876ls(s3)—17112016

Parliament_bills

629e5615-1ab8-5c32-a0ce-b3b09cc68f15

as introduced in lok sabha bill no 133 of 2012 the abolition of begging bill, 2012 by shri r thamaraiselvan, mp a billto provide for abolition of begging and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the abolition of begging act, 2012short title, and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "beggar" means a person who indulges in begging; and (c) "begging" means—5(i) soliciting alms in a public place, including railways, bus-stops, roadsides and public transport, by involving compassion; and(ii) entering into any private premises for the purpose of soliciting orreceiving alms3 begging by any person in any manner is hereby abolished10abolition of begging punishment for forced begging4 whoever forces or encourages any person, including a child in his care, custody orcharge, for begging or whoever uses any person as an exhibit for the purpose of begging, shall be punished with a fine of rupees five hundred5 (1) any person found begging shall be arrested by the police15arrest of persons found begging(2) any person so arrested shall be sent to a receiving centre, to be established inevery district by the appropriate government, wherein such person shall be provided with facilities for his rehabilitationbeggars' welfare fund6 (1) the central government shall constitute a fund to be known as the beggars'welfare fund for the welfare and rehabilitation of the beggars20(2) the fund shall be administered by, such agency, as the central government maydesignate7 (1) the appropriate government shall formulate such schemes, work out suchplans, including plans for provision of education, and create suitable infrastructure in every district so as to enable beggars to take up suitable jobs for earning livelihoodformulation of schemes and plans for beggars, etc25(2) the appropriate government shall set up destitute homes for providing food,shelter and protection to the old, infirm, helpless and destitute persons so as to discourage them from indulging in beggingpower to make rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30 35(2) 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 the 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 statement of objects and reasonsdespite all efforts made and welfare measures taken by the central government and the state governments, the practice of begging continues unabated all over the country, especially in the metropolitan cities and urban areas there are also organized gangs who exploit innocent children and force them into begging its not for the sustenance of these boys and girls but for gathering alms for the gang leaders these gangs have made kidnapping children and forcing them into begging a business and thereby collect huge amountwhile the old and infirm beggars can be sent to destitute homes, the able-bodied beggars should be given education and training so that they can get gainful employmenttherefore, it is high time that a law for prevention of begging is brought forward hence this billnovember 6, 2012 financial memorandumclause 5 of the bill provides for establishment of receiving centres in every district by the appropriate government clause 6 provides for setting up of beggars' welfare fund clause 7 provides for formulation of scheme and creating suitable infrastructure by appropriate government in every district so as to enable beggars to take up suitable jobs it further provides for setting up of destitute homes by the appropriate government the central government would have to incur expenditure from the consolidated fund of india for establishment of receiving centres, destitute homes, formulating schemes, creating suitable infrastructure in respect of union territories and shall also have to contribute monies into beggars' welfare fund the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees two hundred crore will be involved as a recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure to the tune of rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character———— a billto provide for abolition of begging and for matters connected therewith or incidental thereto————(shri r thamaraiselvan, mp)gmgipmrnd—3361ls(s3)—26112012

Parliament_bills

f2f1d741-6ad6-5b99-9172-e3159d70ef4f

bill no lxvi of 2016 the code of criminal procedure (amendment) bill, 2016 a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the criminal procedure (amendment) act, 2016short title, extent and commencement(2) it shall extend to the whole of india except the state of jammu and kashmir (3) it shall come into force immediately52 in the code of criminal procedure, 1973, after section 154, the following shall be inserted, namely:—insertions of new section 154a in act 2 of 1974''154a notwithstanding anything contained in section 154,—information in custodial offences5(1) any person, including legal aid centre or non-government organisation or anyfriend or relative, aggreived by a refusal on the part of an officer incharge of a police station to record the imformation referred to in sub-section (1) of section 154, in cases relating to custodial offences, may file a petition giving the substance of such information—(a) before the chief judicial magistrate, in case of custodial offences other thanthose involving death of the victim; or(b) before the sessions judge, in cases of custodial offences involving death ofthe victim10(2) the chief judicial magistrate or the sessions judge, if satisfied, on a preliminaryenquiry that there is a prima facie case, shall either hold enquiry himself into the complaintor direct some other judicial magistrate or additional sessions judge, as the case may be, to hold enquiry and thereupon direct the ministerial officer of the court to make complaint to the competent court in respect of offence that may appear to have been committed15(3) notwithstanding anything contained in section 190 of this code, on a complaintmade under sub-section (2) of this section, the competent court shall take cognizance of the offence and try the same20(4) the chief judicial magistrate or the sessions judge may obtain the assistance of any public servant or authority as they may deem fit in holding the enquiry under sub-section (2)" statement of objects and reasonsas per data collected by national crime record bureau, in the year 2013, 115 custodial deaths were reported across the country, followed by 93 in 2014 and 97 in 2015 it is astonishing to note that out of the 97 deaths in 2015, only 9, that is less than 10% were natural deaths and the maximum were reported as suicides it is alarming that most of these deaths occur in police custody when such people have not been remanded by courts people die in police custody before they can even be presented in a court of lawour criminal justice system is particularly slow to act in such cases out of the 93recorded deaths in 2014, only 28 cases were registered in which 26 policemen were chargesheeted in 2015, as against 97 recorded deaths, 35 cases were registered and 28 policemen were chargesheeted however, both in 2014 and 2015, no policeman was convicted for such offencesin its 152nd report on custodial crimes in 1994, the law commission of india pointed out that complainants in cases of custodial crimes find it very difficult to register cases because policemen refuse to even register a case trying to shield their superiors or colleagues therefore the commission suggested an amendment to section 154 of the code of criminal procedure enabling complainants to approach the courts in case police refuses to file a case and empowers courts to order enquiries in such cases while other recommendations of the report most notably the rights of the arrestee have been incorporated in the code, this crucial provision has been left out the bill proposes, to meet the above objectiveshence this billhusain dalwai annexure extracts from the code of criminal procedure, 1973 (2 of 1974) chapter xii information to the police and their powers to investigateinformation in cognizable cases154 (1) every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the state government may prescribe in this behalf"provided that if the information is given by the woman against whom an offence under section 326a, section 326b, section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:provided further that—(a) in the event that the person against whom an offence under section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be;(b) the recording of such information shall be videographed;(c) the police officer shall get the statement of the person recorded by a judicial magistrate under clause (a) of sub-section (5a) of section 164 as soon as possible" (2) a copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant(3) any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the superintendent of police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence ———— a billfurther to amend the code of criminal procedure, 1973————(shri husain dalwai, mp)gmgipmrnd—4939rs(s3)—10032017

Parliament_bills

bb3fa9a9-e11c-5b3b-9e69-1cb857a938b0

the limited liability partnership bill, 2008 ————— arrangement of clauses————— chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii nature of limited liability partnership3limited liability partnership to be body corporate4non-applicability of the indian partnership act, 19325partners6minimum number of partners7designated partners8liabilities of designated partners9changes in designated partners10punishment for contravention of sections 7, 8 and 9 chapter iii incorporation of limited liability partnership and matters incidental thereto11incorporation document12incorporation by registration13registered office of limited liability partnership and change therein14effect of registration15name16reservation of name17change of name of a limited liability partnership18application for direction to change name in certain circumstances19change of registered name20penalty for improper use of word "limited liability partnership" or "llp"21publication of name and limited liability chapter iv partners and their relations22eligibility to be partners23relationship of partners24cessation of partnership interest25registration of changes in partners chapter v extent and limitation of liability of limited liability partnership and partners clauses26partner as agent27extent of liability of limited liability partnership28extent of liability of partner29holding out30unlimited liability in case of fraud31whistle blowing chapter vi contributions32form of contribution33obligation to contribute chapter vii financial disclosures34maintenance of books of account, other records and audit, etc35annual return36inspection of documents kept by registrar37penalty for false statement38power of registrar to obtain information39compounding of offences40destruction of old records41enforcement of duty to make returns, etc chapter viii assignment and transfer of partnership rights42partner's transferable interest chapter ix investigation43investigation of the affairs of limited liability partnership44application by partners for investigation45firm, body corporate or association not to be appointed as inspector46power of inspectors to carry out investigation into affairs of related entities, etc47production of documents and evidence48seizure of documents by inspector49inspectors' report50prosecution51application for winding up of limited liability partnership52proceedings for recovery of damages or property53expenses of investigation54inspector's report to be evidence chapter x conversion to limited liability partnershipclauses55conversion from firm to limited liability partnership56conversion from private company to limited liability partnership57conversion from unlisted public company to limited liability partnership58registration and effect of conversion chapter xi foreign limited liability partnerships59foreign limited liability partnerships chapter xii compromise, arrangement or reconstruction of limited liability partnerships60compromise or arrangement of limited liability partnerships61power of tribunal to enforce compromise or arrangement62provisions for facilitating reconstruction or amalgamation of limited liabilitypartnerships chapter xiii winding up and dissolution63 winding up and dissolution64 circumstances in which limited liability partnership may be wound up by tribunal65 rules for winding up chapter xiv miscellaneous66 business transactions of partner with limited liability partnership67 application of the provisions of the companies act, 195668 electronic filing of documents69 payment of additional fee70enhanced punishment71application of other laws not barred72jurisdiction of tribunal and appellate tribunal73penalty on non-compliance of any order passed by tribunal74general penalties75power of registrar to strike defunct limited liability partnership off register76 offences by limited liability partnerships77 jurisdiction of court78power to alter schedules79power to make rules80power to remove difficulties81transitional provisionsthe first schedule the second schedule the third schedule the fourth schedule bill no xlvi of 2008 the limited liability partnership bill, 2008 a billto make provisions for the formation and regulation of limited liability partnerships and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:– chapter i preliminary1 (1) this act may be called the limited liability partnership act, 2008short title, extent and commencement(2) it extends to the whole of india(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisiondefinitions2 (1) in this act, unless the context otherwise requires,—(a) "address", in relation to a partner of a limited liability partnership, means–(i) if an individual, his usual residential address; and (ii) if a body corporate, the address of its registered office;25 of 1961(b) "advocate" means an advocate as defined in clause (a) of sub-section (1) of section 2 of the advocates act, 1961;1 of 1956 (c) "appellate tribunal" means the national company law appellate tribunal constituted under sub-section (1) of section 10fr of the companies act, 1956;1 of 1956(d) "body corporate" means a company as defined in section 3 of the companies act, 1956 and includes –(i) a limited liability partnership registered under this act; (ii) a limited liability partnership incorporated outside india; and (iii) a company incorporated outside india, but does not include–(i) a corporation sole; (ii) a co-operative society registered under any law for the time being in force; and1 of 1956(iii) any other body corporate (not being a company as defined in section3 of the companies act, 1956 or a limited liability partnership as defined in this act), which the central government may, by notification in the official gazette, specify in this behalf; (e) "business" includes every trade, profession, service and occupation;38 of 1949(f) "chartered accountant" means a chartered accountant as defined in clause (b)of sub-section (1) of section 2 of the chartered accountants act, 1949 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;56 of 1980(g) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the company secretaries act, 1980 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;23 of 1959(h) "cost accountant" means a cost accountant as defined in clause (b) of subsection (1) of section 2 of the cost and works accountants act, 1959 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;(i) "court", with respect to any offence under this act, means the court having jurisdiction as per the provisions of section 77; (j) "designated partner" means any partner designated as such pursuant to section 7;9 of 1932(k) ''entity" means any body corporate and includes, for the purposes of sections18, 46, 47, 48, 49, 50, 52 and 53, a firm set-up under the indian partnership act, 1932;(l) "financial year", in relation to a limited liability partnerships, means the period from the 1st day of april of a year to the 31st day of march of the following year:provided that in the case of a limited liability partnership incorporated after the30th day of september of a year, the financial year may end on the 31st day of march of the year next following that year;(m) "foreign limited liability partnership" means a limited liability partnership formed, incorporated or registered outside india which establishes a place of business within india;(n) "limited liability partnership" means a partnership formed and registered under this act;(o) "limited liability partnership agreement" means any written agreement between the partners of the limited liability partnership or between the limited liability partnership and its partners which determines the mutual rights and duties of the partners and their rights and duties in relation to that limited liability partnership;(p) "name", in relation to a partner of a limited liability partnership, means— (i) if an individual, his forename, middle name and surname; and(ii) if a body corporate, its registered name;(q) "partner", in relation to a limited liability partnership, means any person who becomes a partner in the limited liability partnership in accordance with the limited liability partnership agreement;(r) "prescribed" means prescribed by rules made under this act; (s) "registrar" means a registrar, or an additional, a joint, a deputy or an assistant registrar, having the duty of registering companies under the companies act, 1956;1 of 1956(t) "schedule'' means a schedule to this act;1 of 1956(u) "tribunal" means the national company law tribunal constituted undersub-section (1) of section 10fb of the companies act, 19561 of 1956(2) words and expressions used and not defined in this act but defined in the companies act, 1956 shall have the meanings respectively assigned to them in that act chapter ii nature of limited liability partnership3 (1) a limited liability partnership is a body corporate formed and incorporated under this act and is a legal entity separate from that of its partnerslimited liability partnership to be body corporate(2) a limited liability partnership shall have perpetual succession (3) any change in the partners of a limited liability partnership shall not affect the existence, rights or liabilities of the limited liability partnership9 of 19324 save as otherwise provided, the provisions of the indian partnership act, 1932 shallnot apply to a limited liability partnershipnon-applicability of the indian partnership act, 1932partners5 any individual or body corporate may be a partner in a limited liability partnership:provided that an individual shall not be capable of becoming a partner of a limited liability partnership, if—(a) he has been found to be of unsound mind by a court of competent jurisdiction and the finding is in force;(b) he is an undischarged insolvent; or (c) he has applied to be adjudicated as an insolvent and his application is pending6 (1) every limited liability partnership shall have at least two partnersminimum number of partners(2) if at any time the number of partners of a limited liability partnership is reduced below two and the limited liability partnership carries on business for more than six months while the number is so reduced, the person, who is the only partner of the limited liability partnership during the time that it so carries on business after those six months and has the knowledge of the fact that it is carrying on business with him alone, shall be liable personally for the obligations of the limited liability partnership incurred during that perioddesignated partners7 (1) every limited liability partnership shall have at least two designated partners who are individuals and at least one of them shall be a resident in india:provided that in case of a limited liability partnership in which all the partners are bodies corporate or in which one or more partners are individuals and bodies corporate, at least two individuals who are partners of such limited liability partnership or nominees of such bodies corporate shall act as designated partnersexplanation— for the purposes of this section, the term "resident in india" means a person who has stayed in india for a period of not less than one hundred and eighty-two days during the immediately preceding one year(2) subject to the provisions of sub-section (1),—(i) if the incorporation document— (a) specifies who are to be designated partners, such persons shall be designated partners on incorporation; or(b) states that each of the partners from time to time of limited liability partnership is to be designated partner, every partner shall be a designated partner; (ii) any partner may become a designated partner by and in accordance with the limited liability partnership agreement and a partner may cease to be a designated partner in accordance with limited liability partnership agreement (3) an individual shall not become a designated partner in any limited liability partnership unless he has given his prior consent to act as such to the limited liability partnership in such form and manner as may be prescribed(4) every limited liability partnership shall file with the registrar the particulars of every individual who has given his consent to act as designated partner in such form and manner as may be prescribed within thirty days of his appointment (5) an individual eligible to be a designated partner shall satisfy such conditions and requirements as may be prescribed1 of 1956(6) every designated partner of a limited liability partnership shall obtain a designated partner identification number (dpin) from the central government and the provisions of sections 266a to 266g (both inclusive) of the companies act, 1956 shall apply mutatis mutandis for the said purpose8 unless expressly provided otherwise in this act, a designated partner shall be—liabilities of designated partners(a) responsible for the doing of all acts, matters and things as are required to be done by the limited liability partnership in respect of compliance of the provisions of this act including filing of any document, return, statement and the like report pursuant to the provisions of this act and as may be specified in the limited liability partnership agreement; and(b) liable to all penalties imposed on the limited liability partnership for any contravention of those provisionschanges in designated partners9 a limited liability partnership may appoint a designated partner within thirty days of a vacancy arising for any reason and provisions of sub-section (4) and sub-section (5) of section 7 shall apply in respect of such new designated partner:provided that if no designated partner is appointed, or if at any time there is only one designated partner, each partner shall be deemed to be a designated partnerpunishment for contravention of sections 7, 8 and 910 (1) if the limited liability partnership contravenes the provisions of sub-section (1)of section 7, the limited liability partnership and its every partner shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to five lakh rupees(2) if the limited liability partnership contravenes the provisions of sub-section (4)and sub-section (5) of section 7, section 8 or section 9, the limited liability partnership and its every partner shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees chapter iii incorporation of limited liability partnership and matters incidental thereto11 (1) for a limited liability partnership to be incorporated,–incorporation document(a) two or more persons associated for carrying on a lawful business with a view to profit shall subscribe their names to an incorporation document;(b) the incorporation document shall be filed in such manner and with such fees, as may be prescribed with the registrar of the state in which the registered office of the limited liability partnership is to be situated; and(c) there shall be filed along with the incorporation document, a statement in the prescribed form, made by either an advocate, or a company secretary or a chartered accountant or a cost accountant, who is engaged in the formation of the limited liability partnership and by any one who subscribed his name to the incorporation document, that all the requirements of this act and the rules made thereunder have been complied with, in respect of incorporation and matters precedent and incidental thereto (2) the incorporation document shall—(a) be in a form as may be prescribed; (b) state the name of the limited liability partnership; (c) state the proposed business of the limited liability partnership; (d) state the address of the registered office of the limited liability partnership; (e) state the name and address of each of the persons who are to be partners of the limited liability partnership on incorporation;(f) state the name and address of the persons who are to be designated partners of the limited liability partnership on incorporation;(g) contain such other information concerning the proposed limited liability partnership as may be prescribed (3) if a person makes a statement under clause (c) of sub-section (1) which he—(a) knows to be false; or (b) does not believe to be true, shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than ten thousand rupees but which may extend to five lakh rupeesincorporation by registration12 (1) when the requirements imposed by clauses (b) and (c) of sub-section (1) of section 11 have been complied with, the registrar shall retain the incorporation document and, unless the requirement imposed by clause (a) of that sub-section has not been complied with, he shall, within a period of fourteen days—(a) register the incorporation document; and (b) give a certificate that the limited liability partnership is incorporated by the name specified therein (2) the registrar may accept the statement delivered under clause (c) of sub-section(1) of section 11 as sufficient evidence that the requirement imposed by clause (a) of that sub-section has been complied with(3) the certificate issued under clause (b) of sub-section (1) shall be signed by the registrar and authenticated by his official seal(4) the certificate shall be conclusive evidence that the limited liability partnership is incorporated by the name specified therein13 (1) every limited liability partnership shall have a registered office to which all communications and notices may be addressed and where they shall be receivedregistered office of limited liability partnership and change therein(2) a document may be served on a limited liability partnership or a partner or designated partner thereof by sending it by post under a certificate of posting or by registered post or by any other manner, as may be prescribed, at the registered office and any other address specifically declared by the limited liability partnership for the purpose in such form and manner as may be prescribed(3) a limited liability partnership may change the place of its registered office and file the notice of such change with the registrar in such form and manner and subject to such conditions as may be prescribed and any such change shall take effect only upon such filing (4) if the limited liability partnership contravenes any provisions of this section, the limited liability partnership and its every partner shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees14 on registration, a limited liability partnership shall, by its name, be capable of —effect of registration(a) suing and being sued; (b) acquiring, owning, holding and developing or disposing of property, whethermovable or immovable, tangible or intangible;(c) having a common seal, if it decides to have one; and(d) doing and suffering such other acts and things as bodies corporate may lawfully do and suffername15 (1) every limited liability partnership shall have either the words "limited liabilitypartnership" or the acronym "llp" as the last words of its name(2) no limited liability partnership shall be registered by a name which, in the opinion of the central government is —(a) undesirable; or47 of 1999(b) identical or too nearly resembles to that of any other partnership firm orlimited liability partnership or body corporate or a registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the trade marks act, 1999reservation of name16 (1) a person may apply in such form and manner and accompanied by such fee asmay be prescribed to the registrar for the reservation of a name set out in the application as—(a) the name of a proposed limited liability partnership; or (b) the name to which a limited liability partnership proposes to change its name (2) upon receipt of an application under sub-section (1) and on payment of theprescribed fee, the registrar may, if he is satisfied, subject to the rules prescribed by the central government in the matter, that the name to be reserved is not one which may be rejected on any ground referred to in sub-section (2) of section 15, reserve the name for a period of three months from the date of intimation by the registrarchange of name of limited liability partnership17 (1) notwithstanding anything contained in sections 15 and 16, where the centralgovernment is satisfied that a limited liability partnership has been registered (whether through inadvertence or otherwise and whether originally or by a change of name) under a name which —(a) is a name referred to in sub-section (2) of section 15; or(b) is identical with or too nearly resembles the name of any other limited liability partnership or body corporate or other name as to be likely to be mistaken for it, the central government may direct such limited liability partnership to change its name, and the limited liability partnership shall comply with the said direction within three months after the date of the direction or such longer period as the central government may allow(2) any limited liability partnership which fails to comply with a direction given under sub-section (1) shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to five lakh rupees and the designated partner of such limited liability partnership shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees18 (1) any entity which already has a name similar to the name of a limited liability partnership which has been incorporated subsequently, may apply, in such manner as may be prescribed, to the registrar to give a direction to any limited liability partnership, on a ground referred to in section 17 to change its nameapplication for direction tochange namein certain circumstances(2) the registrar shall not consider any application under sub-section (1) to give a direction to a limited liability partnership on the ground referred to in clause (b) of subsection (1) of section 17 unless the registrar receives the application within twenty-four months from the date of registration of the limited liability partnership under that namechange of registered name19 any limited liability partnership may change its name registered with the registrar by filing with him a notice of such change in such form and manner and on payment of such fees as may be prescribedpenalty for improper use of words "limited liability partnership" or "llp"20 if any person or persons carry on business under any name or title of which the words "limited liability partnership" or "llp" or any contraction or imitation thereof is or are the last word or words, that person or each of those persons shall, unless duly incorporated as limited liability partnership, be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees21 (1) every limited liability partnership shall ensure that its invoices, official correspondence and publications bear the following, namely:–publication of name and limited liability(a) the name, address of its registered office and registration number of the limited liability partnership; and(b) a statement that it is registered with limited liability(2) any limited liability partnership which contravenes the provisions of sub-section(1) shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees chapter iv partners and their relationseligibility to be partners22 on the incorporation of a limited liability partnership, the persons who subscribed their names to the incorporation document shall be its partners and any other person may become a partner of the limited liability partnership by and in accordance with the limited liability partnership agreementrelationship of partners23 (1) save as otherwise provided by this act, the mutual rights and duties of the partners of a limited liability partnership, and the mutual rights and duties of a limited liability partnership and its partners, shall be governed by the limited liability partnership agreement between the partners, or between the limited liability partnership and its partners(2) the limited liability partnership agreement and any changes, if any, made therein shall be filed with the registrar in such form, manner and accompanied by such fees as may be prescribed(3) an agreement in writing made before the incorporation of a limited liability partnership between the persons who subscribe their names to the incorporation document may impose obligations on the limited liability partnership, provided such agreement is ratified by all the partners after the incorporation of the limited liability partnership(4) in the absence of agreement as to any matter, the mutual rights and duties of the partners and the mutual rights and duties of the limited liability partnership and the partners shall be determined by the provisions relating to that matter as are set out in the first schedulecessation of partnership interest24 (1) a person may cease to be a partner of a limited liability partnership in accordance with an agreement with the other partners or, in the absence of agreement with the other partners as to cessation of being a partner, by giving a notice in writing of not less than thirty days to the other partners of his intention to resign as partner(2) a person shall cease to be a partner of a limited liability partnership–(a) on his death or dissolution of the limited liability partnership; or (b) if he is declared to be of unsound mind by a competent court; or(c) if he has applied to be adjudged as an insolvent or declared as an insolvent(3) where a person has ceased to be a partner of a limited liability partnership(hereinafter referred to as "former partner"), the former partner is to be regarded (in relation to any person dealing with the limited liability partnership) as still being a partner of the limited liability partnership unless–(a) the person has notice that the former partner has ceased to be a partner of the limited liability partnership; or(b) notice that the former partner has ceased to be a partner of the limited liability partnership has been delivered to the registrar (4) the cessation of a partner from the limited liability partnership does not by itself discharge the partner from any obligation to the limited liability partnership or to the other partners or to any other person which he incurred while being a partner(5) where a partner of a limited liability partnership ceases to be a partner, unless otherwise provided in the limited liability partnership agreement, the former partner or a person entitled to his share in consequence of the death or insolvency of the former partner, shall be entitled to receive from the limited liability partnership —(a) an amount equal to the capital contribution of the former partner actually made to the limited liability partnership; and(b) his right to share in the accumulated profits of the limited liability partnership, after the deduction of accumulated losses of the limited liability partnership, determined as at the date the former partner ceased to be a partner (6) a former partner or a person entitled to his share in consequence of the death or insolvency of the former partner shall not have any right to interfere in the management of the limited liability partnership25 (1) every partner shall inform the limited liability partnership of any change in his name or address within a period of fifteen days of such changeregistration of changes in partners (2) a limited liability partnership shall—(a) where a person becomes or ceases to be a partner, file a notice with the registrar within thirty days from the date he becomes or ceases to be a partner; and(b) where there is any change in the name or address of a partner, file a notice with the registrar within thirty days of such change(3) a notice filed with the registrar under sub-section (2)—(a) shall be in such form and accompanied by such fees as may be prescribed; (b) shall be signed by the designated partner of the limited liability partnership and authenticated in a manner as may be prescribed; and(c) if it relates to an incoming partner, shall contain a statement by such partner that he consents to becoming a partner, signed by him and authenticated in the manner as may be prescribed (4) if the limited liability partnership contravenes the provisions of sub-section (2), the limited liability partnership and every designated partner of the limited liability partnership shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees(5) if any partner contravenes the provisions of sub-section (1), such partner shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees(6) any person who ceases to be a partner of a limited liability partnership may himself file with the registrar the notice referred to in sub-section (3) if he has reasonable cause to believe that the limited liability partnership may not file the notice with the registrar and in case of any such notice filed by a partner, the registrar shall obtain a confirmation to this effect from the limited liability partnership unless the limited liability partnership has also filed such notice:provided that where no confirmation is given by the limited liability partnership within fifteen days, the registrar shall register the notice made by a person ceasing to be a partner under this section chapter v extent and limitation of liability of limited liability partnership and partnerspartner as agent26 every partner of a limited liability partnership is, for the purpose of the business of the limited liability partnership, the agent of the limited liability partnership, but not of other partners27 (1) a limited liability partnership is not bound by anything done by a partner in dealing with a person if–extent of liability of limited liability partnership(a) the partner in fact has no authority to act for the limited liability partnership in doing a particular act; and(b) the person knows that he has no authority or does not know or believe him to be a partner of the limited liability partnership (2) the limited liability partnership is liable if a partner of a limited liability partnership is liable to any person as a result of a wrongful act or omission on his part in the course of the business of the limited liability partnership or with its authority(3) an obligation of the limited liability partnership whether arising in contract or otherwise, shall be solely the obligation of the limited liability partnership(4) the liabilities of the limited liability partnership shall be met out of the property of the limited liability partnershipextent of liability of partner28 (1) a partner is not personally liable, directly or indirectly for an obligation referred to in sub-section (3) of section 27 solely by reason of being a partner of the limited liability partnership(2) the provisions of sub-section (3) of section 27 and sub-section (1) of this section shall not affect the personal liability of a partner for his own wrongful act or omission, but a partner shall not be personally liable for the wrongful act or omission of any other partner of the limited liability partnershipholding out29 (1) any person, who by words spoken or written or by conduct, represents himself,or knowingly permits himself to be represented to be a partner in a limited liability partnership is liable to any person who has on the faith of any such representation given credit to the limited liability partnership, whether the person representing himself or represented to be a partner does or does not know that the representation has reached the person so giving credit:provided that where any credit is received by the limited liability partnership as aresult of such representation, the limited liability partnership shall, without prejudice to the liability of the person so representing himself or represented to be a partner, be liable to the extent of credit received by it or any financial benefit derived thereon (2) where after a partner's death the business is continued in the same limited liabilitypartnership name, the continued use of that name or of the deceased partner's name as a part thereof shall not of itself make his legal representative or his estate liable for any act of the limited liability partnership done after his deathunlimited liability in case of fraud30 (1) in the event of an act carried out by a limited liability partnership, or any of itspartners, with intent to defraud creditors of the limited liability partnership or any other person, or for any fraudulent purpose, the liability of the limited liability partnership and partners who acted with intent to defraud creditors or for any fraudulent purpose shall be unlimited for all or any of the debts or other liabilities of the limited liability partnership:provided that in case any such act is carried out by a partner, the limited liability partnership is liable to the same extent as the partner unless it is established by the limited liability partnership that such act was without the knowledge or the authority of the limited liability partnership(2) where any business is carried on with such intent or for such purpose as mentioned in sub-section (1), every person who was knowingly a party to the carrying on of the business in the manner aforesaid shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees(3) where a limited liability partnership or any partner or designated partner or employee of such limited liability partnership has conducted the affairs of the limited liability partnership in a fraudulent manner, then without prejudice to any criminal proceedings which may arise under any law for the time being in force, the limited liability partnership and any such partner or designated partner or employee shall be liable to pay compensation to any person who has suffered any loss or damage by reason of such conduct:provided that such limited liability partnership shall not be liable if any such partner or designated partner or employee has acted fraudulently without knowledge of the limited liability partnershipwhistle blowing31 (1) the court or tribunal may reduce or waive any penalty leviable against anypartner or employee of a limited liability partnership, if it is satisfied that—(a) such partner or employee of a limited liability partnership has provided usefulinformation during investigation of such limited liability partnership; or(b) when any information given by any partner or employee (whether or notduring investigation) leads to limited liability partnership or any partner or employee of such limited liability partnership being convicted under this act or any other act(2) no partner or employee of any limited liability partnership may be discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against the terms and conditions of his limited liability partnership or employment merely because of his providing information or causing information to be provided pursuant to sub-section (1) chapter vi contributionsform of contribution32 (1) a contribution of a partner may consist of tangible, movable or immovable or intangible property or other benefit to the limited liability partnership, including money, promissory notes, other agreements to contribute cash or property, and contracts for services performed or to be performed (2) the monetary value of contribution of each partner shall be accounted for and disclosed in the accounts of the limited liability partnership in the manner as may be prescribedobligation to contribute33 (1) the obligation of a partner to contribute money or other property or other benefit or to perform services for a limited liability partnership shall be as per the limited liability partnership agreement(2) a creditor of a limited liability partnership, which extends credit or otherwise acts in reliance on an obligation described in that agreement, without notice of any compromise between partners, may enforce the original obligation against such partner chapter vii financial disclosures34 (1) the limited liability partnership shall maintain such proper books of account as may be prescribed relating to its affairs for each year of its existence on cash basis or accrual basis and according to double entry system of accounting and shall maintain the same at its registered office for such period as may be prescribedmaintenance of books of account, other records and audit, etc(2) every limited liability partnership shall, within a period of six months from the end of each financial year, prepare a statement of account and solvency for the said financial year as at the last day of the said financial year in such form as may be prescribed, and such statement shall be signed by the designated partners of the limited liability partnership(3) every limited liability partnership shall file within the prescribed time, the statement of account and solvency prepared pursuant to sub-section (2) with the registrar every year in such form and manner and accompanied by such fees as may be prescribed(4) the accounts of limited liability partnerships shall be audited in accordance with such rules as may be prescribed: provided that the central government may, by notification in the official gazette, exempt any class or classes of limited liability partnerships from the requirements of this sub-section(5) any limited liability partnership which fails to comply with the provisions of this section shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every designated partner of such limited liability partnership shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupeesannual return35 (1) every limited liability partnership shall file an annual return duly authenticated with the registrar within sixty days of closure of its financial year in such form and manner and accompanied by such fee as may be prescribed(2) any limited liability partnership which fails to comply with the provisions of this section shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees(3) if the limited liability partnership contravenes the provisions of this section, the designated partner of such limited liability partnership shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupeesinspection of documents kept by registrar36 the incorporation document, names of partners and changes, if any, made therein,statement of account and solvency and annual return filed by each limited liability partnership with the registrar shall be available for inspection by any person in such manner and on payment of such fee as may be prescribedpenalty for false statement37 if in any return, statement or other document required by or for the purposes ofany of the provisions of this act, any person makes a statement—(a) which is false in any material particular, knowing it to be false; or (b) which omits any material fact knowing it to be material,he shall, save as otherwise expressly provided in this act, be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine which may extend to five lakh rupees but which shall not be less than one lakh rupeespower of registrar to obtain information38 (1) in order to obtain such information as the registrar may consider necessary forthe purposes of carrying out the provisions of this act, the registrar may require any person including any present or former partner or designated partner or employee of a limited liability partnership to answer any question or make any declaration or supply any details or particulars in writing to him within a reasonable period(2) in case any person referred to in sub-section (1) does not answer such question or make such declaration or supply such details or particulars asked for by the registrar within a reasonable time or time given by the registrar or when the registrar is not satisfied with the reply or declaration or details or particulars provided by such person, the registrar shall have power to summon that person to appear before him or an inspector or any other public officer whom the registrar may designate, to answer any such question or make such declaration or supply such details, as the case may be(3) any person who, without lawful excuse, fails to comply with any summons or requisition of the registrar under this section shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupeescompounding of offences39 the central government may compound any offence under this act which ispunishable with fine only, by collecting from a person reasonably suspected of having committed the offence, a sum which may extend to the amount of the maximum fine prescribed for the offencedestruction of old records40 the registrar may destroy any document filed or registered with him in physicalform or in electronic form in accordance with such rules as may be prescribed41 (1) if any limited liability partnership is in default in complying with—enforcement of duty to make returns, etc(a) any provisions of this act or of any other law which requires the filing in anymanner with the registrar of any return, account or other document or the giving of notice to him of any matter; or(b) any request of the registrar to amend or complete and resubmit any documentor to submit a fresh document,and fails to make good the default within fourteen days after the service on the limited liability partnership of a notice requiring it to be done, the tribunal may, on application by the registrar, make an order directing that limited liability partnership or its designated partners or its partners to make good the default within such time as specified in the order(2) any such order may provide that all the costs of and incidental to the application shall be borne by that limited liability partnership(3) nothing in this section shall limit the operation of any other provision of this act or any other law imposing penalties in respect of any default referred to in this section on that limited liability partnership chapter viii assignment and transfer of partnership rightspartner's transferable interest42 (1) the rights of a partner to a share of the profits and losses of the limited liability partnership and to receive distributions in accordance with the limited liability partnership agreement are transferable either wholly or in part(2) the transfer of any right by any partner pursuant to sub-section (1) does not by itself cause the disassociation of the partner or a dissolution and winding up of the limited liability partnership(3) the transfer of right pursuant to this section does not, by itself, entitle the transferee or assignee to participate in the management or conduct of the activities of the limited liability partnership, or access information concerning the transactions of the limited liability partnership chapter ix investigation43 (1) the central government shall appoint one or more competent persons as inspectors to investigate the affairs of a limited liability partnership and to report thereon in such manner as it may direct if—investigation of the affairs of limited liability partnership(a) the tribunal, either suo motu, or on an application received from not less than one-fifth of the total number of partners of limited liability partnership, by order, declares that the affairs of the limited liability partnership ought to be investigated; or (b) any court, by order, declares that the affairs of a limited liability partnership ought to be investigated (2) the central government may appoint one or more competent persons as inspectors to investigate the affairs of a limited liability partnership and to report on them in such manner as it may direct(3) the appointment of inspectors pursuant to sub-section (2) may be made,—(a) if not less than one-fifth of the total number of partners of the limited liability partnership make an application along with supporting evidence and security amount as may be prescribed; or(b) if the limited liability partnership makes an application that the affairs of the limited liability partnership ought to be investigated; or(c) if, in the opinion of the central government, there are circumstances suggesting—(i) that the business of the limited liability partnership is being or has been conducted with an intent to defraud its creditors, partners or any other person, or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive or unfairly prejudicial to some or any of its partners, or that the limited liability partnership was formed for any fraudulent or unlawful purpose; or(ii) that the affairs of the limited liability partnership are not being conducted in accordance with the provisions of this act; or(iii) that, on receipt of a report of the registrar or any other investigating or regulatory agency, there are sufficient reasons that the affairs of the limited liability partnership ought to be investigatedapplication by partners for investigationand the central government may, before appointing an inspector, require the applicants to give security, of such amount as may be prescribed, for payment of costs of the investigation45 no firm, body corporate or other association shall be appointed as an inspectorfirm, body corporate or association not to be appointed as inspector power of inspectors to carry out investigation into affairs of related entities, etc46 (1) if an inspector appointed by the central government to investigate the affairs of a limited liability partnership thinks it necessary for the purposes of his investigation to investigate also the affairs of an entity which has been associated in the past or is presently associated with the limited liability partnership or any present or former partner or designated partner of the limited liability partnership, the inspector shall have the power to do so and shall report on the affairs of the other entity or partner or designated partner, so far as he thinks that the results of his investigation thereof are relevant to the investigation of the affairs of the limited liability partnership(2) in the case of any entity or partner or designated partner referred to in sub-section(1), the inspector shall not exercise his power of investigating into, and reporting on, its or his affairs without first having obtained the prior approval of the central government thereto:provided that before according approval under this sub-section, the central government shall give the entity or partner or designated partner a reasonable opportunity to show cause why such approval should not be accorded47 (1) it shall be the duty of the designated partner and partners of the limited liability partnership–production of documents and evidence(a) to preserve and to produce before an inspector or any person authorised by him in this behalf with the previous approval of the central government, all books and papers of, or relating to, the limited liability partnership or, as the case may be, the other entity, which are in their custody or power; and(b) otherwise to give to the inspector all assistance in connection with the investigation which they are reasonably able to give (2) the inspector may, with the previous approval of the central government, require any entity other than an entity referred to in sub-section (1) to furnish such information to, or produce such books and papers before him or any person authorised by him in this behalf, with the previous approval of that government, as he may consider necessary, if the furnishing of such information or the production of such books and papers is relevant or necessary for the purposes of his investigation(3) the inspector may keep in his custody any books and papers produced under subsection (1) or sub-section (2) for thirty days and thereafter shall return the same to the limited liability partnership, other entity or individual by whom or on whose behalf the books and papers are produced:provided that the inspector may call for the books and papers if they are needed again: provided further that if certified copies of the books and papers produced under subsection (2) are furnished to the inspector, he shall return those books and papers to the entity or person concerned(4) an inspector may examine on oath—(a) any of the persons referred to in sub-section (1); (b) with the previous approval of the central government, any other person in relation to the affairs of the limited liability partnership or any other entity, as the case may be; and(c) may administer an oath accordingly and for that purpose may require any of those persons to appear before him personally (5) if any person fails without reasonable cause or refuses—(a) to produce before an inspector or any person authorised by him in this behalf with the previous approval of the central government any book or paper which it is his duty under sub-section (1) or sub-section (2) to produce ; or(b) to furnish any information which it is his duty under sub-section (2) to furnish;or(c) to appear before the inspector personally when required to do so under subsection (4) or to answer any question which is put to him by the inspector in pursuance of that sub-section; or(d) to sign the notes of any examination, he shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees and with a further fine which shall not be less than fifty rupees but which may extend to five hundred rupees for every day after the first day after which the default continues(6) the notes of any examination under sub-section (4) shall be taken down in writing and signed by the person whose examination was made on oath and a copy of such notes shall be given to the person so examined on oath and thereafter be used as an evidence by the inspectorseizure of documents by inspector48 (1) where in the course of investigation, the inspector has reasonable ground to believe that the books and papers of, or relating to, the limited liability partnership or other entity or partner or designated partner of such limited liability partnership may be destroyed, mutilated, altered, falsified or secreted, the inspector may make an application to the judicial magistrate of the first class, or, as the case may be, the metropolitan magistrate, having jurisdiction, for an order for the seizure of such books and papers(2) after considering the application and hearing the inspector, if necessary, the magistrate may, by order, authorise the inspector —(a) to enter, with such assistance, as may be required, the place or places where such books and papers are kept;(b) to search that place or those places in the manner specified in the order; and(c) to seize books and papers which the inspector considers it necessary for the purposes of his investigation (3) the inspector shall keep in his custody the books and papers seized under this section for such period not later than the conclusion of the investigation as he considers necessary and thereafter shall return the same to the concerned entity or person from whose custody or power they were seized and inform the magistrate of such return:provided that the books and papers shall not be kept seized for a continuous period of more than six months:provided further that the inspector may, before returning such books and papers as aforesaid, place identification marks on them or any part thereof2 of 1974(4) save as otherwise provided in this section, every search or seizure made under thissection shall be carried out in accordance with the provisions of the code of criminal procedure, 1973 relating to searches or seizures made under that codeinspector's report49 (1) the inspectors may, and if so directed by the central government, shall makeinterim reports to that government, and on the conclusion of the investigation, shall make a final report to the central government and any such report shall be written or printed, as the central government may direct(2) the central government–(a) shall forward a copy of any report (other than an interim report) made by theinspectors to the limited liability partnership at its registered office, and also to any other entity or person dealt with or related to the report; and(b) may, if it thinks fit, furnish a copy thereof, on request and on payment of theprescribed fee, to any person or entity related to or affected by the reportprosecution50 if, from the report under section 49, it appears to the central government that anyperson in relation to the limited liability partnership or in relation to any other entity whose affairs have been investigated, has been guilty of any offence for which he is liable, the central government may prosecute such person for the offence; and it shall be the duty of all partners, designated partners and other employees and agents of the limited liability partnership or other entity, as the case may be, to give the central government all assistance in connection with the prosecution which they are reasonably able to giveapplication for winding up of limited liability partnership51 if any such limited liability partnership is liable to be wound up under this act orany other law for the time being in force, and it appears to the central government from any such report under section 49 that it is expedient to do so by reason of any such circumstances as are referred to in sub-clause (i) or sub-clause (ii) of clause (c) of sub-section (3) of section 43, the central government may, unless the limited liability partnership is already being wound up by the tribunal, cause to be presented to the tribunal by any person authorised by the central government in this behalf, a petition for the winding up of the limited liability partnership on the ground that it is just and equitable that it should be wound up52 if, from any report under section 49, it appears to the central government thatproceedings ought, in the public interest, to be brought by the limited liability partnership or any entity whose affairs have been investigated,—proceedings for recovery of damages or property(a) for the recovery of damages in respect of any fraud, misfeasance or othermisconduct in connection with the promotion or formation, or the management of the affairs, of such limited liability partnership or such other entity; or(b) for the recovery of any property of such limited liability partnership or suchother entity, which has been misapplied or wrongfully retained,the central government may itself bring proceedings for that purposeexpenses of investigation53 (1) the expenses of and incidental to an investigation by an inspector appointed by the central government under this act shall be defrayed in the first instance by the central government; but the following persons shall, to the extent mentioned below, be liable to reimburse the central government in respect of such expenses, namely:—(a) any person who is convicted on a prosecution, or who is ordered to pay damages or restore any property in proceedings brought by virtue of section 52, may, in the same proceedings, be ordered to pay the said expenses to such extent as may be specified by the court convicting such person, or ordering him to pay such damages or restore such property, as the case may be;(b) any entity in whose name proceedings are brought as aforesaid shall be liable, to the extent of the amount or value of any sums or property recovered by it as a result of the proceedings; and(c) unless, as a result of the investigation, a prosecution is instituted in pursuance of section 50,—(i) any entity, a partner or designated partner or any other person dealt with by the report of the inspector shall be liable to reimburse the central government in respect of the whole of the expenses, unless and except in so far as, the central government otherwise directs; and(ii) the applicants for the investigation, where the inspector was appointed in pursuance of the provisions of clause (a) of sub-section (1) of section 43, shall be liable to such extent, if any, as the central government may direct(2) any amount for which a limited liability partnership or other entity is liable by virtue of clause (b) of sub-section (1) shall be a first charge on the sums or property mentioned in that clause(3) the amount of expenses in respect of which any limited liability partnership, other entity, a partner or designated partner or any other person is liable under sub-clause (i) of clause (c) of sub-section (1) to reimburse the central government shall be recoverable as arrears of land revenue(4) for the purposes of this section, any costs or expenses incurred by the central government or in connection with the proceedings brought by virtue of section 52 shall be treated as expenses of the investigation giving rise to the proceedingsinspector's report to be evidence54 a copy of any report of any inspector or inspectors appointed under the provision of this act, authenticated in such manner, if any, as may be prescribed, shall be admissible in any legal proceeding as evidence in relation to any matter contained in the report chapter x conversion to limited liability partnership55 a firm may convert into a limited liability partnership in accordance with the provisions of this chapter and the second scheduleconversion from firm into limited liability partnership56 a private company may convert into a limited liability partnership in accordance with the provisions of this chapter and the third scheduleconversion from private company into limited liability partnership57 an unlisted public company may convert into a limited liability partnership in accordance with the provisions of this chapter and the fourth scheduleconversion from unlisted public company into limited liability partnership registration and effect of conversion58 (1) the registrar, on satisfying that a firm, private company or an unlisted public company, as the case may be, has complied with the provisions of the second schedule, the third schedule or the fourth schedule, as the case may be, shall, subject to the provisions of this act and the rules made thereunder, register the documents submitted under such schedule and issue a certificate of registration in such form as the registrar may determine stating that the limited liability partnership is, on and from the date specified in the certificate, registered under this act:9 of 1932 1 of 1956 provided that the limited liability partnership shall, within fifteen days of the date of registration, inform the concerned registrar of firms or registrar of companies, as the case may be, with which it was registered under the provisions of the indian partnership act, 1932 or the companies act, 1956, as the case may be, about the conversion and of the particulars of the limited liability partnership in such form and manner as may be prescribed(2) upon such conversion, the partners of the firm, the shareholders of private company or unlisted public company, as the case may be, the limited liability partnership to which such firm or such company has converted, and the partners of the limited liability partnership shall be bound by the provisions of the second schedule, the third schedule or the fourth schedule, as the case may be, applicable to them(3) upon such conversion, on and from the date of certificate of registration, the effects of the conversion shall be such as specified in the second schedule, the third schedule or the fourth schedule, as the case may be(4) notwithstanding anything contained in any other law for the time being in force, on and from the date of registration specified in the certificate of registration issued under the second schedule, the third schedule or the fourth schedule, as the case may be,—(a) there shall be a limited liability partnership by the name specified in the certificate of registration registered under this act;(b) all tangible (movable or immovable) and intangible property vested in the firm or the company, as the case may be, all assets, interests, rights, privileges, liabilities, obligations relating to the firm or the company, as the case may be, and the whole of the undertaking of the firm or the company, as the case may be, shall be transferred to and shall vest in the limited liability partnership without further assurance, act or deed; and(c) the firm or the company, as the case may be, shall be deemed to be dissolved and removed from the records of the registrar of firms or registrar of companies, as the case may be chapter xi foreign limited liability partnershipsforeign limited liability partnerships1 of 195659 the central government may make rules for provisions in relation to establishment of place of business by foreign limited liability partnerships within india and carrying on their business therein by applying or incorporating, with such modifications, as appear appropriate, the provisions of the companies act, 1956 or such regulatory mechanism with such composition as may be prescribed chapter xii compromise, arrangement or reconstruction of limited liability partnerships60 (1) where a compromise or arrangement is proposed–(a) between a limited liability partnership and its creditors; or (b) between a limited liability partnership and its partners, compromise, or arrangement of limited liability partnershipsthe tribunal may, on the application of the limited liability partnership or of any creditor or partner of the limited liability partnership, or, in the case of a limited liability partnership which is being wound up, of the liquidator, order a meeting of the creditors or of the partners, as the case may be, to be called, held and conducted in such manner as may be prescribed or as the tribunal directs(2) if a majority representing three-fourths in value of the creditors, or partners, as the case may be, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the tribunal, by order be binding on all the creditors or all the partners, as the case may be, and also on the limited liability partnership, or in the case of a limited liability partnership which is being wound up, on the liquidator and contributories of the limited liability partnership: provided that no order sanctioning any compromise or arrangement shall be made by the tribunal unless the tribunal is satisfied that the limited liability partnership or any other person by whom an application has been made under sub-section (1) has disclosed to the tribunal, by affidavit or otherwise, all material facts relating to the limited liability partnership, including the latest financial position of the limited liability partnership and the pendency of any investigation proceedings in relation to the limited liability partnership(3) an order made by the tribunal under sub-section (2) shall be filed by the limited liability partnership with the registrar within thirty days after making such an order and shall have effect only after it is so filed(4) if default is made in complying with sub-section (3), the limited liability partnership, and every designated partner of the limited liability partnership shall be punishable with fine which may extend to one lakh rupees(5) the tribunal may, at any time after an application has been made to it under this section, stay the commencement or continuation of any suit or proceeding against the limited liability partnership on such terms as the tribunal thinks fit, until the application is finally disposed of61 (1) where the tribunal makes an order under section 60 sanctioning a compromise or an arrangement in respect of a limited liability partnership, it–power of tribunal to enforce compromise or arrangement(a) shall have power to supervise the carrying out of the compromise or an arrangement; and(b) may, at the time of making such order or at any time thereafter, give such directions in regard to any matter or make such modifications in the compromise or arrangement as it may consider necessary for the proper working of the compromise or arrangement (2) if the tribunal aforesaid is satisfied that a compromise or an arrangement sanctioned under section 60 cannot be worked satisfactorily with or without modifications, it may, either on its own motion or on the application of any person interested in the affairs of the limited liability partnership, make an order for winding up the limited liability partnership, and such an order shall be deemed to be an order made under section 64 of this act62 (1) where an application is made to the tribunal under section 60 for sanctioning of a compromise or arrangement proposed between a limited liability partnership and any such persons as are mentioned in that section, and it is shown to the tribunal that—provisions for facilitating reconstruction or amalgamation of limited liability partnerships(a) compromise or arrangement has been proposed for the purposes of, or in connection with, a scheme for the reconstruction of any limited liability partnership or limited liability partnerships, or the amalgamation of any two or more limited liability partnerships; and(b) under the scheme the whole or any part of the undertaking, property or liabilities of any limited liability partnership concerned in the scheme (in this section referred to as a "transferor limited liability partnership") is to be transferred to another limited liability partnership (in this section referred to as the "transferee limited liability partnership"), the tribunal may, either by the order sanctioning the compromise or arrangement or by a subsequent order, make provisions for all or any of the following matters, namely:—(i) the transfer to the transferee limited liability partnership of the whole or any part of the undertaking, property or liabilities of any transferor limited liability partnership;(ii) the continuation by or against the transferee limited liability partnership of any legal proceedings pending by or against any transferor limited liability partnership;(iii) the dissolution, without winding up, of any transferor limited liability partnership;(iv) the provision to be made for any person who, within such time and in such manner as the tribunal directs, dissent from the compromise or arrangement; and(v) such incidental, consequential and supplemental matters as are necessary to secure that the reconstruction or amalgamation shall be fully and effectively carried out:provided that no compromise or arrangement proposed for the purposes of, or in connection with, a scheme for the amalgamation of a limited liability partnership, which is being wound up, with any other limited liability partnership or limited liability partnerships, shall be sanctioned by the tribunal unless the tribunal has received a report from the registrar that the affairs of the limited liability partnership have not been conducted in a manner prejudicial to the interests of its partners or to public interest:provided further that no order for the dissolution of any transferor limited liability partnership under clause (iii) shall be made by the tribunal unless the official liquidator has, on scrutiny of the books and papers of the limited liability partnership, made a report to the tribunal that the affairs of the limited liability partnership have not been conducted in a manner prejudicial to the interests of its partners or to public interest (2) where an order under this section provides for the transfer of any property or liabilities, then, by virtue of the order, that property shall be transferred to and vest in, and those liabilities shall be transferred to and become the liabilities of, the transferee limited liability partnership; and in the case of any property, if the order so directs, freed from any charge which is, by virtue of the compromise or arrangement, to cease to have effect(3) within thirty days after the making of an order under this section, every limited liability partnership in relation to which the order is made shall cause a certified copy thereof to be filed with the registrar for registration(4) if default is made in complying with the provisions of sub-section (3), the limited liability partnership, every designated partner of the limited liability partnership shall be punishable with fine which may extend to fifty thousand rupeesexplanation— in this section "property" includes property, rights and powers of every description; and "liabilities" includes duties of every description chapter xiii winding up and dissolutionwinding up and dissolution63 the winding up of a limited liability partnership may be either voluntary or by the tribunal and limited liability partnership, so wound up may be dissolved64 a limited liability partnership may be wound up by the tribunal,—(a) if the limited liability partnership decides that limited liability partnership be wound up by the tribunal;circumstances in which limited liability partnership may be wound up by tribunal(b) if, for a period of more than six months, the number of partners of the limited liability partnership is reduced below two;(c) if the limited liability partnership is unable to pay its debts; (d) if the limited liability partnership has acted against the interests of the sovereignty and integrity of india, the security of the state or public order;(e) if the limited liability partnership has made a default in filing with the registrar the statement of account and solvency or annual return for any five consecutive financial years; or(f) if the tribunal is of the opinion that it is just and equitable that the limited liability partnership be wound up65 the central government may make rules for the provisions in relation to winding up and dissolution of limited liability partnershipsrules for winding up and dissolution chapter xiv miscellaneous66 a partner may lend money to and transact other business with the limited liability partnership and has the same rights and obligations with respect to the loan or other transactions as a person who is not a partnerbusiness transactions of partner with limited liability partnership1 of 195667 (1) the central government may, by notification in the official gazette, directthat any of the provisions of the companies act, 1956 specified in the notification–(a) shall apply to any limited liability partnership; orapplication of the provisions of the companies act(b) shall apply to any limited liability partnership with such exception,modification and adaptation, as may be specified, in the notification (2) a copy of every notification proposed to be issued under sub-section (1) shall belaid in draft 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 disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houseselectronic filing of documents 68 (1) any document required to be filed, recorded or registered under this act maybe filed, recorded or registered in such manner and subject to such conditions as may be prescribed21 of 2000(2) a copy of or an extract from any document electronically filed with or submitted tothe registrar which is supplied or issued by the registrar and certified through affixing digital signature as per the information technology act, 2000 to be a true copy of or extract from such document shall, in any proceedings, be admissible in evidence as of equal validity with the original document(3) any information supplied by the registrar that is certified by the registrar throughaffixing digital signature to be a true extract from any document filed with or submitted to the registrar shall, in any proceedings, be admissible in evidence and be presumed, unless evidence to the contrary is adduced, to be a true extract from such documentpayment of additional fee69 any document or return required to be filed or registered under this act with theregistrar, if, is not filed or registered in time provided therein, may be filed or registered after that time upto a period of three hundred days from the date within which it should have been filed, on payment of additional fee of one hundred rupees for every day of such delay in addition to any fee as is payable for filing of such document or return:provided that such document or return may, without prejudice to any other action or liability under this act, also be filed after such period of three hundred days on payment of fee and additional fee specified in this sectionenhanced punishment70 in case a limited liability partnership or any partner or designated partner of such limited liability partnership commits any offence, the limited liability partnership or any partner or designated partner shall, for the second or subsequent offence, be punishable with imprisonment as provided, but in case of offences for which fine is prescribed either along with or exclusive of imprisonment, with fine which shall be twice the amount of fine for such offence71 the provisions of this act shall be in addition to, and not in derogation of, theprovisions of any other law for the time being in forceapplication of other laws not barred72 (1) the tribunal shall exercise such powers and perform such functions as are, ormay be, conferred on it by or under this act or any other law for the time being in forcejurisdiction of tribunal and appellate tribunal(2) any person aggrieved by an order or decision of tribunal may prefer an appeal to the appellate tribunal and the provisions of sections 10fq, 10fza, 10g, 10gd, 10ge and 10gf of the companies act, 1956 shall be applicable in respect of such appeal1 of 195673 whoever fails to comply with any order made by the tribunal under any provisionof this act shall be punishable with imprisonment which may extend to six months and shall also be liable to a fine which shall not be less than fifty thousand rupeespenalty on noncompliance of any order passed by tribunalgeneral penalties74 any person guilty of an offence under this act for which no punishment is expresslyprovided shall be liable to a fine which may extend to five lakh rupees but which shall not be less than five thousand rupees and with a further fine which may extend to fifty rupees for every day after the first day after which the default continues75 where the registrar has reasonable cause to believe that a limited liabilitypartnership is not carrying on business or its operation, in accordance with the provisions of this act, the name of limited liability partnership may be struck off the register of limited liability partnerships in such manner as may be prescribed:power of registrar to strike defunct limited liability partnership off registerprovided that the registrar shall, before striking off the name of any limited liabilitypartnership under this section, give such limited liability partnership a reasonable opportunity of being heard76 where an offence under this act committed by a limited liability partnership isproved —offences by limited liabilitypartnerships(a) to have been committed with the consent or connivance of a partner or partnersor designated partner or designated partners of the limited liability partnership; or(b) to be attributable to any neglect on the part of the partner or partners ordesignated partner or designated partners of that limited liability partnership,the partner or partners or designated partner or designated partners of the limited liability partnership, as the case may be, as well as that limited liability partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordinglyjurisdiction of court77 notwithstanding any provision to the contrary in any act for the time being inforce, the judicial magistrate of the first class or, as the case may be, the metropolitan magistrate shall have jurisdiction to try any offence under this act and shall have power to impose punishment in respect of said offencepower to alter schedules78 (1) the central government may, by notification in the official gazette, alter anyof the provisions contained in any of the schedules to this act(2) any alteration notified under sub-section (1) shall have effect as if enacted in the act and shall come into force on the date of the notification, unless the notification otherwise directs(3) every alteration made by the central government under sub-section (1) 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 alteration, or both houses agree that the alteration should not be made, the alteration 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 in pursuance of that alterationpower to make rules79 (1) the central government may, by notification in the official gazette, 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) form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;(b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7;(c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7;(d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11;(e) the form of statement to be filed under clause (c) of sub-section (1) of section 11;(f) the form of incorporation document under clause (a) of sub-section (2) of section 11;(g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11;(h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section13;(i) the form and manner of notice to the registrar and the conditions in respect of change of registered office under sub-section (3) of section 13;(j) the form and manner of application and amount of fee payable to the registrar under sub-section (1) of section 16;(k) the manner in which names will be reserved by the registrar under subsection (2) of section 16;(l) the manner in which an application may be made by an entity under subsection (1) of section 18;(m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19;(n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23;(o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25;(p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32;(q) the books of account and the period of their maintenance under sub-section(1) of section 34;(r) the form of statement of account and solvency under sub-section (2) of section 34;(s) the form, manner, fee and time of filing of statement of account and solvency under sub-section (3) of section 34;(t) the audit of accounts of a limited liability partnership under sub-section (4)of section 34;(u) the form and manner of annual return and fee payable under sub-section (1)of section 35;(v) the manner and amount of fee payable for inspection of incorporationdocument, names of partners and changes made therein, statement of account and solvency and annual return under section 36;(w) the destruction of documents by registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) ofsection 43;(y) the amount of security to be given under section 44;(z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49;(za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58;(zc) in relation to establishment of place of business and carrying on business in india by foreign limited liability partnerships and regulatory mechanism and composition under section 59;(zd) the manner of calling, holding and conducting meeting under sub-section(1) of section 60;(ze) in relation to winding up and dissolution of limited liability partnerships under section 65;(zf) the manner and conditions for filing document electronically under subsection (1) of section 68;(zg) the manner for striking off the names of limited liability partnerships from the register under section 75;(zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the second schedule; (zi) the form and manner of particulars about conversion under proviso to paragraph 5 of the second schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the third schedule; and (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the third schedule;(zl) the form and manner of the statement and amount of fee payable under subparagraph (a) of paragraph 4 of the fourth schedule; and(zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the fourth schedule (3) every rule made under this act by the central government 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 rulepower to remove difficulties80 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, notinconsistent with the provisions of this act as may appear to it to be necessary for removingthe difficulty:provided that no such order shall be made under this section after the expiry of aperiod of two years from the commencement of this act (2) every order made under this section shall be laid, as soon as may be, after it ismade, before each house of parliamenttransitional provisions1 of 195681 until the tribunal and the appellate tribunal are constituted under the provisions of the companies act, 1956, the provisions of this act shall have effect subject to the following modifications, namely:–(a) for the word "tribunal" occurring in clause (b) of sub-section (1) of section41, clause (a) of sub-section (1) of section 43 and section 44, the words "company law board" had been substituted;(b) for the word "tribunal" occurring in section 51 and in sections 60 to 64, the words "high court" had been substituted;(c) for the words "appellate tribunal" occurring in sub-section (2) of section72, the words "high court" had been substituted [see section 23(4)] provisions regarding matters relating to mutual rights and duties of partners and limited liability partnership and its partners applicable in the absence of any agreement onsuch matters1 the mutual rights and duties of the partners and the mutual rights and duties of the limited liability partnership and its partners shall be determined, subject to the terms of any limited liability partnership agreement or in the absence of any such agreement on any matter, by the provisions in this schedule2 all the partners of a limited liability partnership are entitled to share equally in the capital, profits and losses of the limited liability partnership3 the limited liability partnership shall indemnify each partner in respect of payments made and personal liabilities incurred by him —(a) in the ordinary and proper conduct of the business of the limited liability partnership; or(b) in or about anything necessarily done for the preservation of the business or property of the limited liability partnership 4 every partner shall indemnify the limited liability partnership for any loss caused to it by his fraud in the conduct of the business of the limited liability partnership5 every partner may take part in the management of the limited liability partnership 6 no partner shall be entitled to remuneration for acting in the business or management of the limited liability partnership7 no person may be introduced as a partner without the consent of all the existing partners8 any matter or issue relating to the limited liability partnership shall be decided by a resolution passed by a majority in number of the partners, and for this purpose, each partner shall have one vote however, no change may be made in the nature of business of the limited liability partnership without the consent of all the partners9 every limited liability partnership shall ensure that decisions taken by it are recorded in the minutes within thirty days of taking such decisions and are kept and maintained at the registered office of the limited liability partnership10 each partner shall render true accounts and full information of all things affecting the limited liability partnership to any partner or his legal representatives11 if a partner, without the consent of the limited liability partnership, carries on any business of the same nature as and competing with the limited liability partnership, he must account for and pay over to the limited liability partnership all profits made by him in that business12 every partner shall account to the limited liability partnership for any benefit derived by him without the consent of the limited liability partnership from any transaction concerning the limited liability partnership, or from any use by him of the property, name or any business connection of the limited liability partnership13 no majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners14 all disputes between the partners arising out of the limited liability partnership agreement which cannot be resolved in terms of such agreement shall be referred for arbitration as per the provisions of the arbitration and conciliation act, 199626 of 1996 the second schedule (see section 55) conversion from firm into limited liability partnershipinterpretation1 in this schedule, unless the context otherwise requires, —9 of 1932(a) "firm" means a firm as defined in section 4 of the indian partnership act,1932;(b) "convert", in relation to a firm converting into a limited liability partnership,means a transfer of the property, assets, interests, rights, privileges, liabilities, obligations and the undertaking of the firm to the limited liability partnership in accordance with this schedule2 (1) a firm may convert into a limited liability partnership by complying with therequirements as to the conversion set out in this scheduleconversion from firm into limited liability partnership(2) upon such conversion, the partners of the firm shall be bound by the provisions ofthis schedule that are applicable to themeligibility for conversion3 a firm may apply to convert into a limited liability partnership in accordance withthis schedule if and only if the partners of the limited liability partnership into which the firm is to be converted, comprise, all the partners of the firm and no one elsestatements to be filed4 a firm may apply to convert into a limited liability partnership by filing with the registrar —(a) a statement by all of its partners in such form and manner and accompaniedby such fee as the central government may prescribe, containing the following particulars, namely:—(i) the name and registration number, if applicable, of the firm; and (ii) the date on which the firm was registered under the indian partnershipact, 1932 or under any other law, if applicable, and9 of 1932(b) incorporation document and statement referred to in section 11registration of conversion5 on receiving the documents referred to in paragraph 4, the registrar shall subject tothe provisions of this act, register the documents and issue a certificate of registration insuch form as the registrar may determine stating that the limited liability partnership is, on and from the date specified in the certificate, registered under this act:9 of 1932 provided that the limited liability partnership shall, within fifteen days of the dateof registration, inform, the concerned registrar of firms with which it was registered under the provisions of the indian partnership act, 1932 about the conversion and of the particulars of the limited liability partnership in such form and manner as the central government may prescriberegistrar may refuse to register6 (1) nothing in this schedule shall be construed as to require the registrar to register any limited liability partnership if he is not satisfied with the particulars or other information furnished under the provisions of this act:provided that an appeal may be made before the tribunal in case of refusal of registration by the registrar(2) the registrar may, in any particular case, require the documents referred to in paragraph 4 to be verified in such manner, as he considers fiteffect of registration7 on and from the date of registration specified in the certificate of registration issued under paragraph 5,⎯(a) there shall be a limited liability partnership by the name specified in the certificate of registration registered under this act;(b) all tangible (movable and immovable) property as well as intangible property vested in the firm, all assets, interests, rights, privileges, liabilities, obligations relating to the firm and the whole of the undertaking of the firm shall be transferred to and shall vest in the limited liability partnership without further assurance, act or deed; and9 of 1932(c) the firm shall be deemed to be dissolved and if earlier registered under the indian partnership act, 1932 removed from the records maintained under that actregistration in relation to property8 if any property to which sub-paragraph (b) of paragraph 7 applies is registered withany authority, the limited liability partnership shall, as soon as practicable after the date of registration, take all necessary steps as required by the relevant authority to notify the authority of the conversion and of the particulars of the limited liability partnership in such medium and form as the authority may specifypending proceedings9 all proceedings by or against the firm which are pending in any court or tribunalor before any authority on the date of registration may be continued, completed and enforced by or against the limited liability partnership10 any conviction, ruling, order or judgment of any court, tribunal or otherauthority in favour of or against the firm may be enforced by or against the limited liability partnershipcontinuance of conviction, ruling, order or judgment existing agreements11 every agreement to which the firm was a party immediately before the date ofregistration, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that date as if —(a) the limited liability partnership were a party to such an agreement instead of the firm; and(b) for any reference to the firm, there were substituted in respect of anything to be done on or after the date of registration a reference to the limited liability partnershipexisting contracts, etc12 all deeds, contracts, schemes, bonds, agreements, applications, instruments andarrangements subsisting immediately before the date of registration relating to the firm or to which the firm is a party, shall continue in force on and after that date as if they relate to the limited liability partnership and shall be enforceable by or against the limited liability partnership as if the limited liability partnership were named therein or were a party theretoinstead of the firmcontinuance of employment13 every contract of employment to which paragraph 11 or paragraph 12 appliesshall continue to be in force on or after the date of registration as if the limited liability partnership were the employer thereunder instead of the firm14 (1) every appointment of the firm in any role or capacity which is in force immediately before the date of registration shall take effect and operate from that date as if the limited liability partnership were appointedexisting appointment, authority or power(2) any authority or power conferred on the firm which is in force immediately before the date of registration shall take effect and operate from that date as if it were conferred on the limited liability partnershipapplication of paragraphs 7 to 1415 the provisions of paragraphs 7 to 14 (both inclusive) shall apply to any approval, permit or licence issued to the firm under any other act which is in force immediately before the date of registration of the limited liability partnership, subject to the provisions of such other act under which such approval, permit or licence has been issuedpartner liable for liabilities and obligations of firm before conversion16 (1) notwithstanding anything in paragraphs 7 to 14 (both inclusive), every partner of a firm that has converted into a limited liability partnership shall continue to be personally liable (jointly and severally with the limited liability partnership) for the liabilities and obligations of the firm which were incurred prior to the conversion or which arose from any contract entered into prior to the conversion(2) if any such partner discharges any liability or obligation referred to in sub-paragraph (1), he shall be entitled (subject to any agreement with the limited liability partnership to the contrary) to be fully indemnified by the limited liability partnership in respect of such liability or obligationnotice of conversion in correspondence17 (1) the limited liability partnership shall ensure that for a period of twelve months commencing not later than fourteen days after the date of registration, every official correspondence of the limited liability partnership bears the following:(a) a statement that it was, as from the date of registration, converted from a firm into a limited liability partnership; and(b) the name and registration number, if applicable, of the firm from which it was converted (2) any limited liability partnership which contravenes the provisions of sub-paragraph (1) shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees and with a further fine which shall not be less than fifty rupees but which may extend to five hundred rupees for every day after the first day after which the default continues the third schedule (see section 56) conversion from private company into limited liability partnershipinterpretation1 in this schedule, unless the context otherwise requires, —1 of 1956(a) "company" means a private company as defined in clause (iii) of sub-section(1) of section 3 of the companies act, 1956;(b) "convert", in relation to a private company converting into a limited liability partnership, means a transfer of the property, assets, interests, rights, privileges, liabilities, obligations and the undertaking of the private company to the limited liability partnership in accordance with this schedule2 (1) a company may convert into a limited liability partnership by complying with the requirements as to the conversion set out in this schedule(2) a company may apply to convert into a limited liability partnership in accordance with this schedule if and only if —eligibility forconversion of private companies into limited liability partnership(a) there is no security interest in its assets subsisting or in force at the time of application; and(b) the partners of the limited liability partnership to which it converts comprise all the shareholders of the company and no one else (3) upon such conversion, the company, its shareholders, the limited liability partnership into which the company has converted and the partners of that limited liability partnership shall be bound by the provisions of this schedule that are applicable to themstatements to be filed3 a company may apply to convert into a limited liability partnership by filing withthe registrar —(a) a statement by all its shareholders in such form and manner to be accompanied by such fees as the central government may prescribe, containing the following particulars, namely:—(i) the name and registration number of the company; (ii) the date on which the company was incorporated; and(b) incorporation document and statement referred to in section 11registration of conversion4 on receiving the documents referred to in paragraph 3, the registrar shall, subjectto the provisions of this act and the rules made thereunder, register the documents and issue a certificate of registration in such form as the registrar may determine stating that the limited liability partnership is, on and from the date specified in the certificate, registered under this act:1 of 1956provided that the limited liability partnership shall, within fifteen days of the date of registration, inform the concerned registrar of companies with which it was registered under the provisions of the companies act, 1956 about the conversion and of the particulars of the limited liability partnership in such form and manner as the central government may prescriberegistrar may refuse to register5 (1) nothing in this schedule shall be construed as to require the registrar to register any limited liability partnership if he is not satisfied with the particulars or other information furnished under the provisions of this act:provided that an appeal may be made before the tribunal in case of refusal of registration by the registrar(2) the registrar may, in any particular case, require the documents referred to in paragraph 3 to be verified in such manner, as he considers fiteffect of registration6 on and from the date of registration specified in the certificate of registration issued under paragraph 4—(a) there shall be a limited liability partnership by the name specified in the certificate of registration registered under this act;(b) all tangible (movable or immovable) and intangible property vested in the company, all assets, interests, rights, privileges, liabilities, obligations relating to the company and the whole of the undertaking of the company shall be transferred to and shall vest in the limited liability partnership without further assurance, act or deed; and(c) the company shall be deemed to be dissolved and removed from the records of the registrar of companiesregistration inrelation to property7 if any property to which clause (b) of paragraph 6 applies is registered with any authority, the limited liability partnership shall, as soon as practicable, after the date of registration, take all necessary steps as required by the relevant authority to notify the authority of the conversion and of the particulars of the limited liability partnership in such form and manner as the authority may determinepending proceedings8 all proceedings by or against the company which are pending before any court, tribunal or other authority on the date of registration may be continued, completed and enforced by or against the limited liability partnership9 any conviction, ruling, order or judgment of any court, tribunal or other authority in favour of or against the company may be enforced by or against the limited liability partnershipcontinuance of conviction, ruling, order or judgment existing agreements10 every agreement to which the company was a party immediately before the date of registration, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that date as if —(a) the limited liability partnership were a party to such an agreement instead of the company; and(b) for any reference to the company, there were substituted in respect of anything to be done on or after the date of registration a reference to the limited liability partnershipexisting contracts, etc11 all deeds, contracts, schemes, bonds, agreements, applications, instruments and arrangements subsisting immediately before the date of registration relating to the company or to which the company is a party shall continue in force on and after that date as if they relate to the limited liability partnership and shall be enforceable by or against the limited liability partnership as if the limited liability partnership were named therein or were a party thereto instead of the companycontinuance of employment12 every contract of employment to which paragraph 10 or paragraph 11 applies shall continue in force on or after the date of registration as if the limited liability partnership were the employer thereunder instead of the company13 (1) every appointment of the company in any role or capacity which is in force immediately before the date of registration shall take effect and operate from that date as if the limited liability partnership were appointedexisting appointment, authority or power(2) any authority or power conferred on the company which is in force immediately before the date of registration shall take effect and operate from that date as if it were conferred on the limited liability partnershipapplication of paragraphs 6 to 1314 the provisions of paragraphs 6 to 13 (both inclusive) shall apply to any approval, permit or licence issued to the company under any other act which is in force immediately before the date of registration of the limited liability partnership, subject to the provisions of such other act under which such approval, permit or licence has been issuednotice of conversion in correspondence15 (1) the limited liability partnership shall ensure that for a period of twelve months commencing not later than fourteen days after the date of registration, every official correspondence of the limited liability partnership bears the following, namely:–(a) a statement that it was, as from the date of registration, converted from a company into a limited liability partnership; and(b) the name and registration number of the company from which it was converted(2) any limited liability partnership which contravenes the provisions of sub-paragraph(1) shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees and with a further fine which shall not be less than fifty rupees but which may extend to five hundred rupees for every day after the first day after which the default continues conversion from unlisted public company into limited liability partnershipinterpretation1 (1) in this schedule, unless the context otherwise requires,—(a) "company" means an unlisted public company; (b) "convert", in relation to a company converting into a limited liability partnership, means a transfer of the property, assets, interests, rights, privileges, liabilities, obligations and the undertaking of the company to the limited liability partnership in accordance with the provisions of this schedule;15 of 1992(c) "listed company" means a listed company as defined in the securities exchange board of india (disclosure and investor protection) guidelines, 2000 issued by the securities and exchange board of india under section 11 of the securities and exchange board of india act, 1992;(d) "unlisted public company" means a company which is not a listed company2 (1) a company may convert into a limited liability partnership by complying with the requirements as to the conversion set out in this scheduleconversion of company into a limited liability partnership(2) upon such conversion, the company, its shareholders, the limited liability partnership into which the company has converted and the partners of that limited liability partnership shall be bound by the provisions of this schedule that are applicable to themeligibility for conversion3 a company may apply to convert into a limited liability partnership in accordance with the provisions of this schedule if and only if–(a) there is no security interest in its assets subsisting or in force at the time of application; and(b) the partners of the limited liability partnership to which it converts comprise all the shareholders of the company and no one elsestatements to be filed4 a company may apply to convert into a limited liability partnership by filing with the registrar—(a) a statement by all its shareholders in such form and manner to be accompanied by such fee as the central government may prescribe containing the following particulars, namely:—(i) the name and registration number of the company; (ii) the date on which the company was incorporated; and(b) incorporation document and statement referred to in section 11registration of conversion5 on receiving the documents referred to in paragraph 4, the registrar shall, subject to the provisions of this act, and the rules made thereunder, register the documents and issue a certificate of registration in such form as the registrar may determine stating that the limited liability partnership is, on and from the date specified in the certificate, registered under this act:1 of 1956 provided that the limited liability partnership shall, within fifteen days of the dateof registration, inform the concerned registrar of companies with which it was registered under the provisions of the companies act, 1956 about the conversion and of the particulars of the limited liability partnership in such form and manner as the central government may prescriberegistrar may refuse to register6 (1) nothing in this schedule shall be construed as to require the registrar to register any limited liability partnership if he is not satisfied with the particulars or other information furnished under the provisions of this act:provided that an appeal may be made before the tribunal in case of refusal of registration by the registrar(2) the registrar may, in any particular case, require the documents referred to in paragraph 4 to be verified in such manner, as he considers fiteffect of registration7 on and from the date of registration specified in the certificate of registration issuedunder paragraph 5—(a) there shall be a limited liability partnership by the name specified in thecertificate of registration registered under this act;(b) all tangible (movable or immovable) and intangible property vested in thecompany, all assets, interests, rights, privileges, liabilities, obligations relating to the company and the whole of the undertaking of the company shall be transferred to and shall vest in the limited liability partnership without further assurance, act or deed; and(c) the company shall be deemed to be dissolved and removed from the recordsof the registrar of companiesregistration in relation to property8 if any property to which clause (b) of paragraph 7 applies is registered with anyauthority, the limited liability partnership shall, as soon as practicable, after the date of registration, take all necessary steps as required by the relevant authority to notify the authority of the conversion and of the particulars of the limited liability partnership in such form and manner as the authority may determinepending proceedings9 all proceedings by or against the company which are pending in any court ortribunal or before an authority on the date of registration may be continued, completed and enforced by or against the limited liability partnership10 any conviction, ruling, order or judgment of any court, tribunal or other authorityin favour of or against the company may be enforced by or against the limited liability partnershipcontinuance of conviction, ruling, order or judgment existing agreements11 every agreement to which the company was a party immediately before the date ofregistration, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that date as if —(a) the limited liability partnership were a party to such an agreement instead ofthe company; and(b) for any reference to the company, there were substituted in respect of anything to be done on or after the date of registration a reference to the limited liability partnershipexisting contracts, etc12 all deeds, contracts, schemes, bonds, agreements, applications, instruments andarrangements subsisting immediately before the date of registration relating to the company or to which the company is a party shall continue in force on and after that date as if they relate to the limited liability partnership and shall be enforceable by or against the limited liability partnership as if the limited liability partnership were named therein or were a party thereto instead of the companycontinuance of employment13 every contract of employment to which paragraph 11 or paragraph 12 appliesshall continue in force on or after the date of registration as if the limited liability partnership were the employer thereunder instead of the company14 (1) every appointment of the company in any role or capacity which is in forceimmediately before the date of registration shall take effect and operate from that date as if the limited liability partnership were appointedexisting appointment, authority or power(2) any authority or power conferred on the company which is in force immediately before the date of registration shall take effect and operate from that date as if it were conferred on the limited liability partnershipapplication of paragraphs 7 to 1415 the provisions of paragraphs 7 to 14 (both inclusive) shall apply to any approval, permit or licence issued to the company under any other act which is in force immediately before the date of registration of the limited liability partnership, subject to the provisions of such other act under which such approval, permit or licence has been issued16 (1) the limited liability partnership shall ensure that for a period of twelve months commencing not later than fourteen days after the date of registration, every official correspondence of the limited liability partnership bears the following, namely:—notice of conversion in correspondence(a) a statement that it was, as from the date of registration, converted from a company into a limited liability partnership; and(b) the name and registration number of the company from which it was converted(2) any limited liability partnership which contravenes the provisions of sub-paragraph(1) shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees and with a further fine which shall not be less than fifty rupees but which may extend to five hundred rupees for every day after the first day after which the default continues statement of objects and reasonswith the growth of the indian economy, the role played by its entrepreneurs as well as its technical and professional manpower has been acknowledged internationally it is felt opportune that entrepreneurship, knowledge and risk capital combine to provide a further impetus to india's economic growth in this background, a need has been felt for a new corporate form that would provide an alternative to the traditional partnership, with unlimited personal liability on the one hand, and, the statute-based governance structure of the limited liability company on the other, in order to enable professional expertise and entrepreneurial initiative to combine, organise and operate in flexible, innovative and efficient manner2 the limited liability partnership (llp) is viewed as an alternative corporate business vehicle that provides the benefits of limited liability but allows its members the flexibility of organising their internal structure as a partnership based on a mutually arrived agreement the llp form would enable entrepreneurs, professionals and enterprises providing services of any kind or engaged in scientific and technical disciplines, to form commercially efficient vehicles suited to their requirements owing to flexibility in its structure and operation, the llp would also be a suitable vehicle for small enterprises and for investment by venture capital3 keeping in mind the need of the day, the government had introduced the limited liability partnership bill, 2006 in the rajya sabha on the 15th december, 2006 it was referred to the department related parliamentary standing committee on finance for examination and report the hon'ble committee presented its 58th report to the lok sabha on 27th november, 2007 and also laid the said report in the rajya sabha on the same day the hon'ble committee made several recommendations which were examined and considered by the government most of the recommendations made by the hon'ble committee have been accepted by the government based on the recommendations of the hon'ble committee, extensive changes were found to be necessary in the bill hence, it is proposed to withdraw the limited liability partnership bill, 2006 and introduce a fresh bill incorporating the changes4 the salient features of the limited liability partnership bill, 2008, inter alia, are as follows:—(i) the llp shall be a body corporate and a legal entity separate from its partnersany two or more persons, associated for carrying on a lawful business with a view to profit, may by subscribing their names to an incorporation document and filing the same with the registrar, form a limited liability partnership the llp will have perpetual succession;(ii) the mutual rights and duties of partners of an llp inter se and those of the llp and its partners shall be governed by an agreement between partners or between the llp and the partners subject to the provisions of the proposed legislation the bill, if enacted, would provide flexibility to devise the agreement as per their choice in the absence of any such agreement, the mutual rights and duties shall be governed by the provisions of proposed legislation;(iii) the llp will be a separate legal entity, liable to the full extent of its assets, with the liability of the partners being limited to their agreed contribution in the llp which may be of tangible or intangible nature or both tangible and intangible in nature no partner would be liable on account of the independent or unauthorised actions of other partners or their misconduct the liabilities of the llp and partners who are found to have acted with intent to defraud creditors or for any fraudulent purpose shall be unlimited for all or any of the debts or other liabilities of the llp(iv) every llp shall have at least two partners and shall also have at least two individuals as designated partners, of whom at least one shall be resident in india the duties and obligations of designated partners shall be as provided in the law;(v) the llp shall be under an obligation to maintain annual accounts reflecting true and fair view of its state of affairs a statement of accounts and solvency shall be filed by every llp with the registrar every year the accounts of llps shall also be audited, subject to any class of llps being exempted from this requirement by the central government;(vi) the central government shall have powers to investigate the affairs of an llp, if required, by appointment of competent inspector for the purpose;(vii) the compromise or arrangement including merger and amalgamation of llps shall be in accordance with the provisions of the proposed legislation;(viii) a firm, private company or an unlisted public company would be allowed to be converted into llp in accordance with the provisions of the proposed bill upon such conversion, on and from the date of certificate of registration issued by the registrar in this regard, the effects of the conversion shall be such as are specified in the proposed bill on and from the date of registration specified in the certificate of registration, all tangible (movable or immovable) and intangible property vested in the firm or the company, all assets, interests, rights, privileges, liabilities, obligations relating to the firm or the company, and the whole of the undertaking of the firm or the company, shall be transferred to and shall vest in the llp without further assurance, act or deed and the firm or the company, shall be deemed to be dissolved and removed from the records of the registrar of firms or registrar of companies, as the case may be;(ix) the winding up of the llp may be either voluntary or by the tribunal to be established under the companies act, 1956 till the tribunal is established, the power in this regard has been given to the high court;(x) the proposed legislation would confer powers on the central government to apply provisions of the companies act, 1956 as appropriate, by notification with such changes or modifications as deemed necessary however, such notifications shall be laid in draft before each house of parliament for a total period of 30 days and shall be subject to any modification as may be approved by both houses;(xi) the indian partnership act, 1932 shall not be applicable to llps5 the bill seeks to achieve the above objectivesnew delhi;prem chand guptathe 2nd may, 2008 notes on clausesclause 2– this clause defines various expressions used in the bill for the purposes of certainty in the interpretation of the proposed legislation, eg, 'foreign limited liability partnership' as limited liability partnership which is formed, registered or incorporated outside india and establishes a place of business in india; 'limited liability partnership' as a partnership formed and registered under the proposed legislation; 'limited liability partnership agreement' as a written agreement between the partners of the limited liability partnership or between the limited liability partnership and its partners which determines the mutual rights and duties of the partners and their rights and duties in relation to such partnership; and 'partner' in relation to limited liability partnership, as any person who becomes a partner in the limited liability partnership in accordance with the limited liability partnership agreementclause 3– this clause seeks to provide that limited liability partnership (llp) is to be a body corporate having perpetual succession and a legal entity separate from its partners and any change in the partners of such partnership shall not affect its liabilitiesclause 4– this clause seeks to provide that the provisions of the indian partnership act, 1932 shall not apply to an llpclause 5– this clause seeks to provide that an individual or a body corporate may become a partner in an llp the clause also indicates the disqualifications which will prohibit an individual to become a partner of any llpclause 6– this clause seeks to provide that an llp shall consist of at least two partners and also provides that in a situation where the number of partners is reduced to one and such llp carries on business with such sole partner for more than six months and then such partner, if having knowledge of such a situation, shall be liable personally for the obligations of the llpclause 7– this clause seeks to provide that an llp shall have at least two designated partners who shall be individuals and at least one of them shall be resident in india this clause also seeks to provide that an individual shall not become a designated partner in any llp unless he has given his prior consent to act as such to the llp in the prescribed form and manner particulars of every designated partner who agrees to act as such shall be filed with the registrar this clause also seeks to provide that any partner may become or cease to be designated partner in accordance with the llp agreement it also seeks to empower central government to make rules for prescribing conditions and requirements for an individual to be a designated partner it also provides that every designated partner shall obtain a designated partner identification number (dpin) from the central governmentclause 8– this clause seeks to provide responsibilities and liabilities of the designated partner who shall be –(a) responsible for the doing of all acts, matters and things as are required to be done by the llp in respect of compliance of the provisions of this bill including filing of any document, return, statement and the like report pursuant to the provisions of this bill and as may be specified in the llp agreement; and(b) liable to all penalties imposed on the llp for any contravention of those provisions clause 9– this clause provides for the 30 days period for filling up of a vacancy of a designated partner if no designated partner is appointed, or if at any time there is only one designated partner, each partner of the llp shall be deemed to be a designated partnerclause 10– this clause seeks to provide punishment for contravention of clauses 7, 8and 9 of the bill the said clause indicates that if the llp fails to appoint designated partners under sub-clause (1) of clause 7 of the bill, then the llp and its every partner shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to five lakh rupees the clause also seeks to provide that if an llp does not meet other requirements provided in sub-clause (5) of clause 7, clauses 8 and 9 in relation to designated partners, the llp and its every partner shall be punishable with fine which shall not be less than ten thousand rupees and may extend to one lakh rupeesclause 11– this clause seeks to provide for manner of filing of incorporation document, the fees and other statement of llp with registrar and also the contents and form of the incorporation document it also seeks to provide for penalties for making statement by any person, knowing it to be false, or not believing it to be true, which shall not be less than ten thousand rupees and may extend to five lakhs rupees and also for imprisonment for a term which may extend to two yearsclause 12– this clause seeks to provide for registration of incorporation document of llp and issue of a certificate of its incorporation by the registrar the said clause indicates that the certificate of registration shall be conclusive evidence that the llp is incorporated by the name specified thereinclause 13- this clause seeks to provide that every llp shall have a registered office to which all communications will be made and received it also seeks to provide for mode of serving the documents to llp and intimating the change of the address of the registered office in the prescribed manner and subject to prescribed conditions to the registrar this clause further seeks to provide for penalties of not less than two thousand rupees which may extend to twenty-five thousand rupees in case the llp contravenes the provisions of this clauseclause 14– this clause seeks to provide that llp shall be a body corporate and can sue and be sued, acquire, own, hold and develop or dispose of property it also seeks to provide that an llp may have a common seal if it decides to have itclause 15– this clause seeks to provide an obligation on every llp to suffix "limited liability partnership" or "llp" with its name the clause also seeks to provide that no llp shall be registered with an undesirable name or a name which is identical or nearly resembles to that of any other partnership firm or an llp or a body corporate or a registered trade mark or a trade mark the application of which is pendingclause 16– this clause seeks to provide for making of an application for reservation of proposed name of the llp or change of its existing name to the registrar who may reserve the name for a period of three months it also seeks to empower the central government to make rules regarding form, manner and fees payable on such application this clause further seeks to empower the central government to frame rules which may be followed by registrars while reserving names of llpsclause 17– this clause seeks to empower the central government to give direction to the llp to rectify its name if the name registered is undesirable or so nearly resembles the name of any other llp or body corporate or other name as to be likely to be mistaken for it it seeks to provide that in case the llp fails to comply with such direction it shall be liable for imposition of a fine of not less than ten thousand rupees which may extend to five lakh rupees and the designated partner of such llp shall be liable to pay fine which shall not be less than ten thousand rupees but which may extend to one lakh rupeesclause 18– this clause seeks to provide for an application to be made by an llp to the registrar in case another llp has been incorporated with the same name subsequently, for giving a direction to the llp (subsequently registered) to change its name a period of twenty-four months has been provided within which the former llp will have to make an application to the registrarclause 19– the clause seeks to provide that an llp may change its name by filing with the registrar a notice of such change in such form, and manner and on payment of fee as may be prescribed by the rulesclause 20– this clause seeks to provide for imposition of a fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees in case any person carries on business using the words 'limited liability partnership' or 'llp' without getting incorporated as llpclause 21– this clause seeks to provide that every llp shall ensure that its invoices, official correspondence and publications bear the name, address of its registered office and registration number of the llp and the statement that it is registered with limited liability it also seeks to provide for imposition of a fine of not less than two thousand rupees which may extend to twenty-five thousand rupees in case the llp contravenes these provisionsclause 22– this clause seeks to provide that the persons who subscribe their names to the incorporation document shall be partners of llp and any other person may also become partner of the llp in accordance with its agreementclause 23– this clause seeks to provide that the mutual rights and duties of the partners of the llp inter se and that of the llp and its partners shall be governed by the llp agreement and in absence of any such agreement, such mutual rights and duties shall be determined as set out in the first schedule of the bill it also seeks to empower the central government to prescribe, by rules, the form, manner and fees for filing the llp agreement and informing changes therein this clause further seeks to provide that any agreement, made before the incorporation of llp, between the partners who subscribe their names to the incorporation document may impose obligation on llp, if ratified by all the partners after its incorporationclause 24– this clause seeks to provide for the circumstances and disqualifications under which or pursuant to which a person may cease to be a partner of an llp it also seeks to provide for a partner's obligation to the llp or to the other partners or to other persons incurred during the period when he was a partner of the llp it also seeks to provide that a former partner or a person entitled to his share in case of death or insolvency of former partner shall not have any right to interfere in the management of the llpclause 25– this clause seeks to provide for the requirement and the procedure for filing notice about changes in the names and addresses of partners of the llp to the registrar the notice shall be in such form as may be prescribed the clause also seeks to provide that every partner shall inform the llp of any change in his name or address within fifteen days of such change, failing which he shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees this clause further seeks to provide that when a person becomes or ceases to be a partner, the llp shall file a notice with the registrar within thirty days from the date such person becomes or ceases to be a partner, failing which the llp shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupeesclause 26– this clause seeks to provide that every partner of the llp is, for the purpose of business of the llp, an agent of the llp but not of other partnersclause 27– this clause seeks to provide that the llp shall not be bound by anything done by a partner in dealing with a person if that partner has no authority to act for llp in doing a particular act and the person with whom he is dealing also knows that the partner has no authority for such act and to provide that an obligation of llp, whether arising out of contract or otherwise will solely be the obligation of llp it also seeks to provide that liabilities of llp are to be met from the property of llp it further seeks to provide that llp shall be liable for a wrongful act or omission by a partner in the course of the business of the llp or with its authorityclause 28– this clause seeks to provide that the partner is not personally liable directly or indirectly for an obligation of llp solely by reason of his being a partner of the llp it further seeks to provide that the obligation of an llp shall not affect the personal liability of a partner for his own wrongful act or omission but a partner shall not be personally liable for wrongful act or omission of any other partnerclause 29— this clause seeks to provide that any person, who by words spoken or written or by conduct, represents himself, or knowingly permits himself to be represented to be a partner in any llp is liable to any person who has on the faith of any such representation given credit to the llp, whether the person representing himself or represented to be a partner does or does not know that the representation has reached the person so giving credit it also seeks to provide that where any credit is received by the llp as a result of such representation, the llp shall, without prejudice to the liability of the person so representing himself or represented to be a partner, be liable to the extent of credit received by it or any financial benefit derived thereon the clause further seeks to provide that where after a partner's death the business is continued in the same llp name, the continued use of that name or of the deceased partner's name as a part thereof shall not of itself make his legal representative or his estate liable for any act of the llp done after his deathclause 30— this clause seeks to provide for unlimited liability of the llp and its partners in case llp or any of its partners carry out an act with intent to defraud creditors of the llp or any other person or if they carry out an act for any fraudulent purpose the clause further seeks to provide that in case any such act is carried out by a partner, the llp is liable to the same extent as the partner unless it is established by the llp that such act was without the knowledge or the authority of the llp this clause further seeks to provide that any person who knowingly carries such act shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees the clause further seeks to provide that where an llp or any partner or designated partner or employee of such llp has conducted the affairs of the llp in a fraudulent manner, then without prejudice to any criminal proceedings which may arise under any law for the time being in force, the llp and any such partner or designated partner or employee shall be liable to pay compensation to any person who has suffered any loss or damage by reason of such conductclause 31— this clause seeks to provide that the court or tribunal may reduce or waive any penalty leviable against any partner or employee of a llp in case such partner or employee has provided useful information during investigation of such llp for finding out the offence the clause further seeks to provide that no such partner or employee shall be discharged, demoted, suspended, threatened, harassed or in any other manner discriminated merely because of his providing information to the court or tribunalclause 32— this clause seeks to provide various kinds in which contributions may be made by partners of an llp and the manner in which such contributions shall be valued and disclosed in the accounts of the llpclause 33— this clause seeks to provide that obligation of a partner to make contribution shall be as per the llp agreement the clause further seeks to provide that a creditor of an llp may enforce the original obligation against any partner of the llp without notice of any subsequent compromise between partnersclause 34— this clause seeks to provide for requirement relating to maintenance of proper books of account by the llp relating to its affairs for each year and for filing of an annual statement of account and solvency with the registrar in such form and manner as may be prescribed this clause seeks to empower the central government to prescribe rules for the manner in which the accounts of llps shall be audited it also seeks to empower the central government to grant exemption to any class or classes of llps from audit requirement it also seeks to provide for imposition of a fine of not less than twenty-five thousand rupees but which may extend to five lakh rupees for llp and of a fine of not less than ten thousand rupees but which may extend to one lakh rupees for designated partner of llp, in case the llp fails to comply with these provisionsclause 35— this clause seeks to provide that every llp shall be required to file with the registrar an annual return duly authenticated every year it also seeks to empower the central government to prescribe, by rules, the contents and manner of filing of such annual return the clause also seeks to provide that any llp which fails to comply with these provisions shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and the designated partner of such llp shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupeesclause 36— this clause seeks to provide that the incorporation document, names of partners and changes, if any, made therein, statement of account and solvency and annual return filed by each llp with the registrar shall be available for inspection in the office of the registrar by the public it also seeks to empower the central government to prescribe by rules, the manner and amount of fees for such inspectionclause 37— this clause seeks to provide that if any person makes any statement in any return, statement or other document under this bill which is false in any material particular, or which omits any material fact, knowingly, he shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees but which shall not be less than one lakh rupeesclause 38— this clause seeks to empower the registrar to call for information, for the purposes of carrying out the provisions of this bill, from any person including any present or former partner or designated partner or employee of the llp and in case of nonreceipt of any information from them or information furnished being insufficient, to summon them before him the clause seeks to provide that any person who, without lawful excuse, fails to comply with any summons or requisition of the registrar under this clause shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupeesclause 39— this clause seeks to provide for empowering the central government to compound any offence under this bill which is punishable with fine by collecting a sum not exceeding the amount of maximum fine prescribed for such offenceclause 40— this clause seeks to empower the central government to prescribe by rules the manner in which the registrar may destroy any document filed or registered with him by the llpsclause 41— this clause seeks to provide that in case any llp is in default in complying with the provisions relating to filing with the registrar of any return, account or other document or giving of any notice to him, the registrar may make an application before the tribunal for making an order for directions in order to make good the default within a time frameclause 42— this clause seeks to provide that the rights of a partner to a share of the profits and losses of the llp and to receive distributions shall be transferable in accordance with the llp agreement and such transfer shall not by itself cause the disassociation of the partner or a dissolution and winding up of the llp the clause further seeks to provide that such transfer would not entitle the transferee to participate in the management of the llpclause 43— this clause seeks to provide the circumstances under which investigation of the affairs of an llp may be ordered and the inspectors appointed by the central government to carry out such investigationclause 44— this clause seeks to provide that an application by partners of the llpfor investigation of the llp shall be supported by such evidence as the tribunal may require and that the central government may require the applicants to give security of such amount as may be prescribed for payment of the costs of the investigationclause 45— this clause seeks to prohibit a firm, body corporate or other association to be appointed as an inspectorclause 46— this clause seeks to provide that the inspector appointed by the central government to investigate the affairs of the llp under this bill may carry out investigation into the affairs of other entities associated with the llp in the past or present or of partner or designated partner, after seeking prior approval of the central governmentclause 47— this clause seeks to provide the duty of the designated partners and partners of the llp to preserve and produce all books, papers relating to the llp before inspector and otherwise give all assistance to the inspector for investigation this clause also seeks to empower the inspector to examine such persons on oath this clause further seeks to provide that if any person fails without reasonable cause or refuses to produce before an inspector any book or paper or furnish any relevant information or to appear before the inspector personally when required to do so or to answer any question which is put to him by the inspector under this clause or to sign the notes of any examination, he shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees and with a further fine which shall not be less than fifty rupees but which may extend to five hundred rupees for every day after the first day after which the default continuesclause 48— this clause seeks to empower the inspector appointed by the central government under this bill to investigate the affairs of an llp, to enter the place where books and papers are kept, search and seize the documents or books and papers relating to llp, after seeking permission from the judicial magistrate of the first class or metropolitan magistrate in this regard, if he has reasonable cause that the partner of such llp or other entity may destroy, mutilate, alter, falsify or secret the documents the clause also seeks to empower inspector to keep such books and papers in his custody for a period not exceeding six months for investigation and return the same, after needful is done, to the concerned entity or person and inform the magistrate of such returnclause 49— this clause seeks to provide that an inspector investigating an llp may, and if so directed by the central government, shall make interim reports to that government in relation to an investigation carried out by him it further seeks to provide that on conclusion of the investigation, a final report shall be made to the central government by the inspector this clause further seeks to provide that the central government shall forward a copy of the report other than an interim report to the concerned llp or related entity or persons a copy of such report may also be furnished to any person or entity related to or affected by the report on the request and on payment of prescribed feeclause 50— this clause seeks to provide that if, from the inspector's report, it appears to the central government that any person in relation to llp or any other entity being investigated has been guilty of any offence for which he is liable, the central government may prosecute such person for the offence the clause further seeks to provide that it shall be the duty of all partners, designated partners, other employees and agents of the llp to give the central government all assistance in connection with such prosecutionclause 51— this clause seeks to provide that if any such llp is liable to be wound up under this bill or any other law and it appears to the central government from the report made by an inspector under clause 49 that it is expedient to do so by reason that the business of the llp is being conducted with an intent to defraud its creditors, partners or any other person, or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive or unfairly prejudicial to some or any of its partners, or that the llp was formed for any fraudulent or unlawful purpose or that the affairs of the llp are not being conducted in accordance with the provisions of the bill, the central government, may, cause to be presented to the tribunal by any person authorised by it, a petition for the winding up of the llp on the just and equitable groundsclause 52— this clause seeks to provide that if from any report of inspector, it appears to the central government that proceedings ought, in the public interest, to be brought by the llp or any entity whose affairs have been investigated for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation, or the management of the affairs, of such llp or such other entity or for the recovery of any property of such llp or such other entity, which has been misapplied or wrongfully retained, the central government may itself bring proceedings for that purposeclause 53— this clause seeks to provide about the manner in which the expenses of an investigation by an inspector appointed by the central government under this bill shall be defrayed and reimbursed the clause also seeks to provide that any amount for which a llp or other entity is liable, shall be a first charge on the sums or property recovered by such llp or other entity during investigation the clause further seeks to provide that the amount of expenses in respect of which any llp, other entity, a partner or designated partner or any other person is liable to reimburse to the central government shall be recoverable as arrears of land revenue the clause further seeks to provide that any costs or expenses incurred by the central government or in connection with proceedings for recovery of damages or property brought by virtue of this bill shall be treated as expenses of the investigationclause 54— this clause seeks to provide that a copy of any report of any inspector appointed under this bill, authenticated in a manner as may be prescribed by rules, shall be admissible in any legal proceeding as evidence in relation to any matter contained in the reportclause 55— this clause seeks to provide that a firm may convert into a llp in accordance with the provisions contained in chapter x and the second scheduleclause 56— this clause seeks to provide that a private company may convert into a llp in accordance with the provisions contained in chapter x and the third scheduleclause 57— this clause seeks to provide that an unlisted public company may convert into a llp in accordance with the provisions contained in chapter x and the fourth scheduleclause 58— this clause seeks to provide the requirement and manner pursuant to which a firm, private company or an unlisted public company shall be allowed to be converted into a llp it also seeks to provide that the converted llp shall, within fifteen days of the date of registration, inform the concerned registrar of firms or registrar of companies, as the case may be, with which it was registered about the conversion and of the particulars of the limited liability partnership in such manner and form as the central government may prescribe the clause also seeks to provide that on such conversion all property of the erstwhile entity shall vest in the llp and the erstwhile entity shall be deemed to be dissolved and removed from the records of the registrar of firms or registrar of companies, as the case may beclause 59— this clause seeks to empower the central government to make rules for(i) provisions in relation to establishment of place of business by foreign llps within india and carrying on their business therein by applying or incorporating, with such modifications, as appear appropriate, the provisions of the companies act, 1956 or (ii) such regulatory mechanism with such composition as may be prescribed in such rulesclause 60— this clause seeks to provide the manner in which compromise or arrangement of llps shall be proposed, agreed by members or creditors of a llp and confirmed by the tribunal it also seeks to provide the time-limit within which the order made by tribunal shall be filed with the registrar and the effect of such filing it also seeks to provide that if default is made in complying with provisions relating to filing of such order of tribunal with the registrar, the llp and every designated partner of the llp shall be punishable with fine which may extend to one lakh rupeesclause 61— this clause seeks to provide that where the tribunal makes an order sanctioning a compromise or an arrangement in respect of a llp, it—(a) shall have power to supervise the carrying out of the compromise or an arrangement; and(b) may, at the time of making such order or at any time thereafter, give such directions in regard to any matter or make such modifications in the compromise or arrangement, as it may consider necessary, for the proper working of the compromise or arrangement the said clause further seeks to provide that if the tribunal is satisfied that a compromise or an arrangement sanctioned cannot be worked satisfactorily, it may make an order for winding up of the llpclause 62— this clause seeks to provide that where an application is made to the tribunal for sanctioning of a compromise or arrangement which relates to reconstruction of any llp or llps, or the amalgamation of any two or more llps and under a scheme the whole or any part of the undertaking, property or liabilities of any llp concerned in the scheme is to be transferred to another llp, the tribunal may, either by the order sanctioning the compromise or arrangement or by a subsequent order, make provisions for matters like transfer to the transferee llp of the whole or any part of the undertaking, property or liabilities of any transferor llp, the continuation by or against the transferee llp of any legal proceedings pending by or against any transferor llp; the dissolution, without winding up, of any transferor llp; the provision to be made for any person who, within such time and in such manner as the tribunal directs, dissent from the compromise or arrangement; and such incidental, consequential and supplemental matters as are necessary to secure that the reconstruction or amalgamation shall be fully and effectively carried out it also seeks to provide that if default is made in complying with provisions relating to filing of such order of tribunal with the registrar, the llp and every designated partner of the llp shall be punishable with fine which may extend to fifty thousand rupeesclause 63— this clause seeks to provide that the winding up of an llp may be either voluntary or by the tribunal and a llp so wound up may be dissolvedclause 64— this clause seeks to specify the circumstances in which an llp may be wound up by the tribunalclause 65— this clause seeks to empower the central government to make rules for provisions in relation to winding up and dissolution of llpsclause 66— this clause seeks to provide that a partner may lend money to and transact other business with the llp and that he shall have the same rights and obligations with respect to the loan or other transactions as a person who is not a partnerclause 67— this clause seeks to empower the central government, to direct, by notification in the official gazette, that any of the provisions of the companies act, 1956 shall apply to any llp or shall apply to any llp with such exception, modification and adaptation as may be specified in the notification the clause further seeks to provide that such notification shall be laid in draft before each house of parliament for a total period of thirty days and shall be subject to such modification as may be approved by both the housesclause 68— this clause seeks to provide that any document required to be filed, recorded or registered under this bill may be filed, recorded or registered in such manner and as per such conditions as may be prescribed by rules by the central governmentclause 69— this clause seeks to provide that any document or return required to be filed or registered under this act with the registrar, if, is not filed or registered in time provided therein, may be filed or registered after that time up to a period of three hundred days from the date within which it should have been filed, on payment of additional fees of one hundred rupees for every day of such delay in addition to any fees as is payable for filing of such document or return the clause also provides that such document or return may, without prejudice to any other action or liability under this act, also be filed after such period of three hundred days on payment of fees and additional fees specified in this sectionclause 70— this clause seeks to provide that in case a llp or any partner or designated partner of such llp commits any offence, the llp or any partner or designated partner shall, for the second or subsequent offence, be punishable with imprisonment as provided, but in case of offence for which fine is prescribed either along with or exclusive of imprisonment, with fine which shall be twice the amount of fine for such offenceclause 71— this clause seeks to provide that other laws are also applicable to the llp in addition to the provisions of this bill and their application is not barredclause 72— this clause seeks to provide that the tribunal shall discharge such powers and perform such functions as are, or may be, conferred on it by or under the provisions of this bill or any other law for the time being in force the clause also seeks to allow filing of appeal to the appellate tribunal by any person who is aggrieved by an order or decision of tribunalclause 73— this clause seeks to provide that whoever fails to comply with any order made by the tribunal under any provision of this bill shall be punishable with imprisonment which may extend to six months and shall also be liable to a fine which shall not be less than fifty thousand rupeesclause 74— this clause seeks to provide that any person guilty of an offence under this bill for which no punishment is expressly provided shall be liable to a fine which may extend to five lakh rupees but which shall not be less than five thousand rupees and with a further fine which may extend to fifty rupees for every day after the first day after which the default continuesclause 75— this clause seeks to provide that where the registrar has reasonable cause to believe that an llp is not carrying on business or its operation, the name of llp may be struck off from the register of llps the clause seeks to empower the central government to prescribe, by rules, the manner which shall be followed for such striking off of name of any llp by the registrar the clause also seeks to provide that registrar shall, before striking off the name of any llp under this clause give such llp a reasonable opportunity of being heardclause 76— this clause seeks to provide that where an offence under this bill committed by an llp is proved to have been committed with the consent or connivance of a partner or designated partner of the llp or is attributable to any neglect on the part of the partner or designated partner of that llp, the partner or designated partner of the llp as well as that llp shall be guilty of the offence and shall be liable to be proceeded against and punished accordinglyclause 77— this clause seeks to provide that notwithstanding any provision to the contrary in any act, the judicial magistrate of the first class or the metropolitan magistrate shall have jurisdiction to try any offence under the provisions of this bill and shall have power to impose punishment in respect of the said offenceclause 78— this clause seeks to confer upon the central government the power to alter schedules to the bill the said clause further seeks to provide that every notification in respect of such alteration shall be laid before both the houses of parliamentclause 79— this clause seeks to confer upon the central government the power to make rules for carrying out the provisions of this bill the clause seeks to enumerate the various matters in respect of which such rules may be made the clause further seeks to provide that every rule made under the provisions of this bill is required to be laid before both the houses of parliamentclause 80— this clause seeks to confer power upon the central government to make provision, by order published in the official gazette, to remove difficulties which may arise in giving effect to the provisions of this bill and such order to be issued only within a period of two years from the date of the commencement of this bill the clause seeks to provide that the orders made under this clause shall be required to be laid before both the houses of parliamentclause 81— this clause seeks to provide that until the tribunal and the appellate tribunal are constituted under the provisions of the companies act, 1956, the provisions of this bill shall have effect subject to the following modifications, namely:—(a) for the word "tribunal" occurring in clause (b) of sub-section (1) of section41, clause (a) of sub-section (1) of section 43 and section 44, the words "company law board" had been substituted;(b) for the word "tribunal" occurring in section 51 and in sections 60 to 64, the words "high court" had been substituted;(c) for the words "appellate tribunal" occurring in sub-section (2) of section72, the words "high court" had been substituted memorandum regarding delegated legislationsub-clause (d) of clause 2 of the bill confers power upon the central government to specify, by notification in the official gazette, any other body corporate (not being a company as defined in section 3 of the companies act, 1956 or an llp as defined in the proposed legislation) not to be included in the definition of 'body corporate'2 clause 67 of the bill confers power upon the central government to give directions, by notification in the official gazette, that any of the provisions of the companies act, 1956 shall apply to any llp or shall apply to any llp with such exception, modification and adaptation as may be specified in the notification3 clause 78 of the bill confers power upon the central government to alter any of the provisions contained in any of the schedules to this act publication of notification in the official gazette4 clause 79 of the bill confers power upon the central government to make rules for carrying out the purposes of the bill the matters in respect of which rules may be made relate, inter alia, to provide for form and manner of prior consent to be given by designated partner under sub-section (3) of section 7; form and manner of particulars of every individual agreeing to act as designated partner of llp under sub-clause (4) of clause 7; conditions and requirements for appointment of an individual as designated partner under sub-clause (5) of clause 7; manner of filing the incorporation document and payment of fee payable thereof with the registrar under item (b) of sub-clause (1) of clause 11; form of statement to be filed under item (c) of sub-clause (1) of clause 11; form of incorporation document under item(a) of sub-clause (2) of clause 11; other information to be contained in the incorporation document under item (g) of sub-clause (2) of clause 11; mode of serving the documents on a llp or a partner or a designated partner and the form and manner in which any other address may be declared by the llp under sub-clause (2) of clause 13; the form and manner of notice to the registrar and conditions in respect of change of registered office under subclause (3) of clause 13; the form and manner of application and amount of fee payable to the registrar under sub-clause (1) of clause 16; manner in which names will be reserved by the registrar under sub-clause (2) of clause 16; manner in which an application may be made for change of name under sub-clause (1) of clause 18; form and manner of notice of change of name of llp and the amount of fees payable under clause 19; form and manner of filing of llp agreement or any change in such agreement with the registrar and the amount fee payable under sub-clause (2) of clause 23; form of notice, the amount of fee payable and the manner of authentication of the statement under items (a), (b) and (c) of sub-clause (3) of clause 25; manner of accounting and disclosure of monetary value of contribution of a partner under sub-clause (2) of clause 32; books of account and the period of their maintenance under sub-clause (1) of clause 34; form of statement of account and solvency under subclause (2) of clause 34; form, manner and time of filing of statement of account and solvency and the amount of fee payable under sub-clause (3) of clause 34; the manner in which the accounts of a llp shall be audited under sub-clause (4) of clause 34; form and manner of filing of annual return under sub-clause (3) of clause 35; manner and amount of fee payable for inspection of incorporation documents, names of the partners, statement of account and solvency and annual return under clause 36; destruction of documents by registrar under clause 40; the amount required as security under item (a) of sub-clause (3) of clause 43; the amount of security to be given under clause 44; fee payable for furnishing a copy under item (b) of sub-clause (2) of clause 49; manner of authentication of report of inspector under clause 54; manner and form of particulars about conversion under proviso to sub-clause (1) of clause 58; provisions in relation to establishment of place of business by foreign llps within india and regulatory mechanism and composition under clause 59; manner of calling, holding and conducting meeting under sub-clause (1) of clause 60; provisions in relation to winding up and dissolution of llps under clause 65; manner and conditions for filing a document electronically under sub-clause (1) of clause 68; manner for striking off the names of llps from the register of llps by the registrar under clause 75; medium and form of statement containing particulars and amount of fee payable on the statement under subparagraph (a) of paragraph 4 of the second schedule; manner and form of particulars about conversion under proviso to paragraph 5 of the second schedule; form and manner of the statement and the amount of fee payable on the statement under sub-paragraph (a) of paragraph3 of the third schedule; manner and form of particulars about conversion under proviso to paragraph 4 of the third schedule; form and manner of the statement and amount of fees payable under sub-paragraph (a) of paragraph 4 of the fourth schedule; manner and form of particulars about conversion under proviso to paragraph 5 of the fourth schedule; any other matter which is to be, or may be, prescribed in respect of which provision is to be, or may be, made by rules5 clause 80 of the bill empowers the central government to remove, by order, any difficulty which may arise in giving effect to the proposed legislation it has been provided that no such order shall be made after the expiry of a period of two years from the date of commencement of the proposed legislation it has also been provided that a copy of every such order made shall be laid before each house of parliament6 the notification issued under sub-clause (1) of clause 67, 78 and rules made under sub-clause (2) of clause 79 shall be laid before each house of parliament7 the matters in respect of which notifications or order may be issued and the rules may be made are generally matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character rajya sabha———— a billto make provisions for the formation and regulation of limited liability partnerships and for matters connected therewith or incidental thereto————(shri prem chand gupta, minister of corporate affairs)gmgipmrnd—3355rs(s3)—16-10-2008

Parliament_bills

cdff72d9-d1c9-5872-b2f5-6a61b23a03f8

the atrocities against women (prevention, special courts and miscellaneous provisions) bill, 2007 a billto provide for the prevention of atrocities against women and girls which are perpetratedin many forms such as sexual harassment, torture, molestation, rape, teasing, stripping, beating, branding as witch, etc by establishing special courts to expedite the trial process and for the rehabilitation and other measures for the women victims of such atrocities and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the atrocities against women (prevention, special courts and miscellaneous provisions) act, 2007short title and commencement5(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires— (a) "appropriate government" means in the case of a state, the government of that state and in other cases, the central government;545 of 1860 (b) "atrocity" includes any offence committed against a woman such as rape, assault, torture, molestation, teasing, striping, beating, branding as witch, forcing into prostitution or such other offence against the women and girls which is punishable under the indian penal code;10 (c) "employer" means any person who employs women workers directly or through any contractor and who has the control on the affairs of the establishment which may be under the control of any government, local body or private body or individual by whatever name called; (d) "prescribed" means prescribed by rules made under this act; (e) "sexual harassment at work place" includes,—15(i) harassing any woman employee by paying less wages, detaining her before or after normal working hours without work or in the absence of other employees, refusing to grant leave, passing lewd or obscene remarks, forcing to attend office on holidays, compelling to attend a party or dance, refusing to allow rest, compelling to perform such duties which she is not able to perform with her physical condition or doing an act by using position as an employer with an intention to exploit the women employee;20 (ii) fondling or touching the female employee in the guise of teaching her or helping her in doing her work; (iii) showing gestures or actions either by words or by written material to solicit sexual favour from the woman employee;25 (iv) showing pornographic material or obscene literature to the woman employee; (v) offering unwanted suggestions or advise about physical appearances of the woman employee with a view to hurt her; (vi) seeking sexual favour from the woman employee; (vii) misusing position to sexually exploit the woman employee30 35(f) "work place" includes an office of the appropriate government local body, a mine, plantation, agricultural field, hospital, nursing home, shop or business establishment brick kiln, construction site, banking establishments, educational institutions including universities, colleges, schools, etc, any private office or house, entertainment establishments and such other places where woman is employed for any work for remuneration3 (1) committing of atrocities against women and sexual harassment of women employees at their work place is hereby prohibited (2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this act40prohibition of atrocities against women and sexual harassment of women employees at their work place penalty45 of 18604 (1) notwithstanding anything contained in the indian penal code, whoever,—(a) commits atrocity against any woman or girl shall be punished with imprisonmentfor a term which shall not be less than seven years but in view of the gravity of the offence it may extend to life imprisonment or with death, as the case may be;explanation—for the purpose of this sub-section the grave offences include rape, gang rape, rape with a pregnant woman, forcing into prostitution and brutal killing of a woman(b) commits the offence of sexual harassment of woman employee in any establishment or work place shall be,—5(i) dismissed from service if the culprit is employed in government or semi-government, local body or government funded establishment as the case may be; and(ii) punished with imprisonment for a term which shall not be less than five years but may extend to ten years and also with a fine which may extend to five lakh rupees105 (1) the appropriate government shall establish such number of special courts preferably headed by women judges to deal exclusively with the provisions of this act, as it may deem necessary for carrying out the purposes of this actestablishmentof special courts for women15 (2) the special courts under sub-section (1) shall be established in consultation with the chief justice of the concerned high courts of the states45 of 186020 (3) every special court established under this act shall exercise all the jurisdiction powers and authority exercisable immediately before that day by all courts except the concerned high court and supreme court in relation to all matters of offences or atrocities committed against women under the indian penal code, or any other law for the time being in force relation to women(4) from the date of commencement of this act, the jurisdiction, powers and authority in relation to offences committed under this act shall be exercisable by a special court established under this act and no other court except the high court concerned and the supreme court shall have jurisdiction, powers or authority in relation to such offences25(5) every suit or other proceeding pending before any other court, tribunal or authority immediately before the date of commencement of this act, being a suit or proceeding the cause of action wherein it is based is such that if it had arisen after such constitution of the special court within its jurisdiction, shall stand transferred on that date to such special court:30 provided that nothing contained in this section shall apply to a suit or other proceedings pending in a high court or the supreme court, as the case may be6 the appropriate government shall,—welfare measures(a) make arrangements for free legal aid to women so as to enable them to meet the cost of litigation in special courts;35(b) initiate rehabilitation measures for the women victims covered under thisact;(c) implement such welfare measures for the women covered under this act asit may deem expedient and necessary40act to have overriding effect7 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force in relation to women and girlspower to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsnearly fifty per cent of the population of our country constitutes women and girls though the latest census of 2001 has revealed a stunning fact of declining ratio of girls visa-vis boys in the country however, girls and women are vulnerable to various kinds of exploitations and atrocities in the society such atrocities include day-to-day teasing and molestation at public places; transport etc, passing vulgar remarks and whistling to them another alarming trend is publicly stripping and parading naked in the streets particularly the young girls and women of dalit and backward communities in some parts of the country there are incidents, where women are being branded as witches and killed they are being sexually exploited and raped even pregnant women are not spared many a time women and girls are killed after committing rape on them to destroy the evidence or otherwise besides, incident of gangrape and forcing women to prostitution are very commonthe number of working women is also increasing at work place sometimes, women are compelled to work in the most disadvantageous service conditions they are sexually harassed by their male colleagues, bosses, employers and others sexual favours are solicited on various pretexts and many a time women employees are forced to accept the offer otherwise they are fired or sacked unfortunately, cases of sexual harassment of women employees at the work places do occur but more often these are not reported for fear of social ostracism, family pressure or reprisal in the form of threats and discriminationsmost of the cases of atrocities against women and girls, if at all registered, take a very long time to decide it has, therefore, become necessary that offences against women should be tried by special courts preferably headed by women judges so that justice is delivered very fast to the women victimshence this billalka balram kshatriya financial memorandumclause 5 of the bill provides for the establishment of special courts for womenclause 6 provides for the welfare measures the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of two thousands crore rupees may also involve memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— abillto provide for the prevention of atrocities against women and girls which are perpetratedin many forms such as sexual harassment, torture, molestation, rape, teasing, stripping,beating, branding as witch, etc by establishing special courts to expedite the trialprocess and for the rehabilitation and other measures for the womenvictims of such atrocities and for matters connected therewithor incidental thereto—————(prof alka balram kshatriya, mp)mgipmrnd—1772rs (s3)—27-04-2007

Parliament_bills

b9f807ca-1614-5a09-85a6-3da996e12767

bill no 44 of 2008 the delivery of books and newspapers (public libraries) amendment bill, 2008 by shri mohan singh, mp a billfurther to amend the delivery of books and newspapers (public libraries) act, 1954be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title1 this act may be called the delivery of books and newspapers (public libraries)amendment act, 200827 of 19545amendment of section 22 in section 2 of the delivery of books and newspapers (public libraries) act, 1954(hereinafter referred to as the principal act), for clause (b), the following clause shall be substituted, namely:—3 in section 5 of the principal act,—amendment of section 5(i) for the words ''fifty rupees'', the words ''five thousand rupees'' shall be substituted; and5(ii) for the words ''equivalent to the value of the book'', the words ''five thousand rupees or hundred times the value of the book, whichever is more,'' shall be substitutedamendment of section 64 for section 6, sub-section (1) of the principal act, after the words ''special order'', the words ''or by any user of the public library'' shall be added sstatement of objects and reasonsthe delivery of books and newspapers (public libraries) act, 1954 (act no 27 of1954) makes it mandatory for the publishers of books and newspapers to deliver books and newspapers etc free of cost at their own expense to the public libraries as defined therein in case any publisher fails to do so, he shall be punishable with a fine which may extend to rupees fifty only and if the contravention is in respect of a book, he shall also be punishable with fine equivalent to the value of the book due to escalation of prices of books, the amount of fine prescribed in the act has become meagre and, therefore, the publishers tend to ignore the provisions of this act and opt for paying fine rather than complying with the provisions of the act it is, therefore, proposed to enhance the maximum amount of penalty from existing rupees fifty to rupees five thousand and in case of delivery of books equivalent to hundred times the value of books, whichever is more the enhanced penalty will ensure compliance of the law intended to extend financial support out of commercial establishments earnings in discharge of the social obligation, thereby enabling the libraries of national importance to acquire books etc without straining their own limited resourcesthe existing provision in section 6 of the act about courts taking cognizance of the offence only on complaint filed by an officer so empowered by the central government has not been taken recourse to therefore, it is proposed to extend the right to make a complaint to any user of the public library to make the act more effectivemoreover, the parliament library at new delhi is a very important library catering to the needs of public representatives and public at large, it may also be included as a public library within the definition of ''public libraries'' in the act mentioned above so that it could be enriched further annexure extract from the delivery of books and newspapers (public libraries) act, 1954| ||--------------|| definitions |2 in this act, unless the context otherwise requires,—| (a) | | | | ||--------|------|------|------|------|| (aa) | | | | |(b) "public libraries" means the national library at calcutta and any three other libraries which may be specified by the central government in this behalf by notification in the official gazette| | | | | ||----------------------------------------------------------------------------------------------|------|------|------|-----|| penalty | | | | || 5 | | | | || any publisher who contravenes any provision of this act or of any rule made | | | | || there under shall be punishable with fine which may extend to fifty rupees and, if the | | | | || contravention is in respect of a book, shall also be punishable with fine which shall be | | | | || equivalent to the value of the book, and the court trying the offence may direct that the | | | | || whole or any part of the fine realised from him shall be paid, by way of compensation to the | | | | || public library to which the book or newspaper as the case may be, ought to have been | | | | || delivered | | | | || cognizance of | | | | || offences | | | | || 6 | | | | || (1) no court shall take cognizance of any offence punishable under this act save on | | | | || complaint made by an officer empowered in this behalf by the central government by a | | | | || general or special order | | | | || | | | | | a billfurther to amend the delivery of books and newspapers (public libraries) act, 1954(shri mohan singh, mp)gmgipmrnd—2332ls(s4)—15-07-2008

Parliament_bills

b7133e34-b9c1-5b7f-a0c7-2c678b6232c4

bill no 299 of 2016 the taxation laws (second amendment) bill, 2016 a billfurther to amend the income-tax act, 1961 and the finance act, 2016be it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminarycommencement chapter ii income-taxamendment of section 115bbe43 of 1961102 in the income-tax act, 1961 (hereinafter referred to as the income-tax act), in section 115bbe, for sub-section (1), the following sub-section shall be substituted with effect from the 1st day of april, 2017, namely:—"(1) where the total income of an assessee,—15(a) includes any income referred to in section 68, section 69, section69a, section 69b, section 69c or section 69d and reflected in the return of income furnished under section 139; or(b) determined by the assessing officer includes any income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d, if such income is not covered under clause (a), the income-tax payable shall be the aggregate of—5(i) the amount of income-tax calculated on the income referred to in clause (a) and clause (b), at the rate of sixty per cent; and(ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (i)"103 in the income-tax act, in section 271aab,—amendment of section 271aab(i) in sub-section (1), after the words, figures and letters "the 1st day of july,2012", the words, brackets and figures "but before the date on which the taxation laws (second amendment) bill, 2016 receives the assent of the president" shall be inserted;15(ii) after sub-section (1), the following sub-section shall be inserted, namely:—20"(1a) the assessing officer may, notwithstanding anything contained in any other provisions of this act, direct that, in a case where search has been initiated under section 132 on or after the date on which the taxation laws (second amendment) bill, 2016 receives the assent of the president, the assessee shall pay by way of penalty, in addition to tax, if any, payable by him,—(a) a sum computed at the rate of thirty per cent of the undisclosed income of the specified previous year, if the assessee— (i) in the course of the search, in a statement under sub-section (4) of section 132, admits the undisclosed income and specifies the manner in which such income has been derived;25(ii) substantiates the manner in which the undisclosed income was derived; and(iii) on or before the specified date—(a) pays the tax, together with interest, if any, in respect of the undisclosed income; and30(b) furnishes the return of income for the specified previous year declaring such undisclosed income therein;35 (b) a sum computed at the rate of sixty per cent of the undisclosed income of the specified previous year, if it is not covered under the provisions of clause (a)";(iii) in sub-section (2), after the words brackets and figure "in sub-section (1)", the words, brackets, figure and letter "or sub-section (1a)" shall be inserted4 in the income-tax act, after section 271aab, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—insertion of new section 271aac40penalty in respect of certain income45"271aac (1) the assessing officer may, notwithstanding anything contained in this act other than the provisions of section 271aab, direct that, in a case where the income determined includes any income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d for any previous year, the assessee shall pay by way of penalty, in addition to tax payable under section 115bbe, a sum computed at the rate of ten per cent of the tax payable under clause (i) of sub-section (1) of section 115bbe:provided that no penalty shall be levied in respect of income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d to the extent such income has been included by the assessee in the return of income furnished under section 139 and the tax in accordance with the provisions of clause (i) of sub-section (1) of section 115bbe has been paid on or before the end of the relevant previous year5(2) no penalty under the provisions of section 270a shall be imposed upon the assessee in respect of the income referred to in sub-section (1)(3) the provisions of sections 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section" chapter iii finance act105 in the finance act, 2016,—28 of 2016amendment of section 2(a) in chapter ii, in section 2, in sub-section (9),—(i) in the third proviso, the figures and letters "115bbe" shall be omitted; (ii) after the sixth proviso, the following proviso shall be inserted, namely:—15'provided also that in respect of any income chargeable to tax under clause (i) of sub-section (1) of section 115bbe of the income-tax act, the"advance tax" computed under the first proviso shall be increased by a surcharge, for the purposes of the union, calculated at the rate of twenty-five per cent of such advance tax';20(b) after chapter ix, the following chapter shall be inserted, namely:—insertion of new chapter ix a 'chapter ixa taxation and investment regime for pradhan mantri garib kalyan yojana, 2016short title and commencement199a (1) this scheme may be called the taxation and investment regime for pradhan mantri garib kalyan yojana, 201625(2) it shall come into force on such date as the central government may, by notification, in the official gazette, appointdefinitions199b in this scheme, unless the context otherwise requires,—(a) "declarant" means a person making the declaration under sub-section (1)of section 199c;| 43 of 1961 ||----------------------------------------------------|| ( || b || ) "income-tax act" means the income-tax act, 1961; |(c) "pradhan mantri garib kalyan deposit scheme, 2016" (hereinafter in this chapter referred to as "the deposit scheme") means a scheme notified by the central government in consultation with the reserve bank of india in the official gazette; and35(d) all other words and expressions used in this scheme but not definedand defined in the income-tax act shall have the meanings respectively assigned to them in that actdeclaration of undisclosed income40199c (1) subject to the provisions of this scheme, any person may make, on or after the date of commencement of this scheme but on or before a date to be notified by the central government in the official gazette, a declaration in respect of any income, in the form of cash or deposit in an account maintained by the person with a specified entity, chargeable to tax under the income-tax act for any assessment year commencing on or before the 1st day of april, 201745(2) no deduction in respect of any expenditure or allowance or set-off of any loss shall be allowed against the income in respect of which a declaration under sub-section (1) is madeexplanation— for the purposes of this section, "specified entity" shall mean—(i) the reserve bank of india;10 of 19495(ii) any banking company or co-operative bank, to which the banking regulation act, 1949 applies (including any bank or banking institution referred to in section 51 of that act);(iii) any head post office or sub-post office; and (iv) any other entity as may be notified by the central government in the official gazette in this behalfcharge of tax and surcharge10199d (1) notwithstanding anything contained in the income-tax act or in anyfinance act, the undisclosed income declared under section 199c within the time specified therein shall be chargeable to tax at the rate of thirty per cent of the undisclosed income15(2) the amount of tax chargeable under sub-section (1) shall be increased by a surcharge, for the purposes of the union, to be called the pradhan mantri garib kalyan cess calculated at the rate of thrity-three per cent of such tax so as to fulfil the commitment of the government for the welfare of the economically weaker sections of the societypenalty20199e notwithstanding anything contained in the income-tax act or in anyfinance act, the person making a declaration under sub-section (1) of section 199cshall, in addition to tax and surcharge charged under section 199d, be liable to pay penalty at the rate of ten per cent of the undisclosed incomedeposit of undisclosed income25199f (1) notwithstanding anything contained in the income-tax act or in anyother law for the time being in force, the person making a declaration under sub-section (1) of section 199c, shall deposit an amount which shall not be less thantwenty-five per cent of the undisclosed income in the pradhan mantri garib kalyan deposit scheme, 201630(2) the deposit shall bear no interest and the amount deposited shall be allowedto be withdrawn after four years from the date of deposit and shall also fulfil such other conditions as may be specified in the pradhan mantri garib kalyan deposit scheme, 2016manner of declaration35199g a declaration under sub-section (1) of section 199c shall be made by aperson competent to verify the return of income under section 140 of the income-taxact, to the principal commissioner or the commissioner notified in the official gazette for this purpose and shall be in such form and verified in such manner, as may be prescribed199h (1) the tax and surcharge payable under section 199d and penalty payableunder section 199e in respect of the undisclosed income, shall be paid before filing of declaration under sub-section (1) of section 199ctime for payment of tax, penalty, surcharge and deposit(2) the amount referred to in sub-section (1) of section 199f shall be depositedbefore the filing of declaration under sub-section (1) of section 199c40(3) the declaration under sub-section (1) of section 199c shall be accompaniedby the proof of deposit referred to in sub-section (1) of section 199f, payment of tax,surcharge and penalty45199-i the amount of undisclosed income declared in accordance with section199c shall not be included in the total income of the declarant for any assessment year under the income-tax act27 of 1957undisclosed income declared not to be included in total incomeundisclosed income declared not to affect finality of completed assessments50199j a declarant under this scheme shall not be entitled, in respect of undisclosed income referred to in section 199c or any amount of tax and surcharge paid thereon, to re-open any assessment or reassessment made under the income-tax act or the wealth-tax act, 1957, or to claim any set-off or relief in any appeal, reference or other proceeding in relation to any such assessment or reassessmenttax, etc, not refundable199k any amount of tax and surcharge paid under section 199d or penalty paid under section 199e shall not be refundable5declaration not admissible inevidence against declarant199l nothwithstanding anything contained in any other law for the time beingin force, nothing contained in any declaration made under sub-section (1) of section199c shall be admissible in evidence against the declarant for the purpose of any proceeding under any act other than the acts mentioned in section 199-odeclaration by misrepresentation of facts to be void10199m notwithstanding anything contained in this scheme, where a declarationhas been made by misrepresentation or suppression of facts or without payment of tax and surcharge under section 199d or penalty under section 199e or without depositing the amount in the deposit scheme as per the provisions of section 199f, such declaration shall be void and shall be deemed never to have been made under this schemeapplicabilityof certainprovisions of income-tax act199n the provisions of chapter xv of the income-tax act relating to liability in special cases and section 119, section 138 and section 189 of that act shall, so far as may be, apply in relation to proceedings under this scheme as they apply in relation to proceedings under the income-tax act15199-o the provisions of this scheme shall not apply—scheme not to apply to certain persons(a) in relation to any person in respect of whom an order of detention has been made under the conservation of foreign exchange and prevention of smuggling activities act, 1974:52 of 197420provided that—(i) such order of detention, being an order to which the provisions of section 9 or section 12a of the said act do not apply, has not been revoked on the report of the advisory board under section 8 of the said act or before the receipt of the report of the advisory board; or25(ii) such order of detention, being an order to which the provisionsof section 9 of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9, or on the report of the advisory board under section 8, read with sub-section (2) of section 9, of the said act; or30 35(iii) such order of detention, being an order to which theprovisions of section 12a of the said act apply, has not been revokedbefore the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the advisory board under section 8, read with sub-section (6) of section 12a, of thesaid act; or(iv) such order of detention has not been set aside by a court ofcompetent jurisdiction;4045 of 1860 61 of 1985 37 of 1967 49 of 1988 45 of 1988 15 of 2003(b) in relation to prosecution for any offence punishable under chapter ixor chapter xvii of the indian penal code, the narcotic drugs and psychotropic substances act, 1985, the unlawful activities (prevention) act, 1967, the prevention of corruption act, 1988, the prohibition of benami property transactions act, 1988 and the prevention of money-laundering act, 2002;(c) to any person notified under section 3 of the special court (trial of offences relating to transactions in securities) act, 1992;27 of 19924522 of 2015(d) in relation to any undisclosed foreign income and asset which ischargeable to tax under the black money (undisclosed foreign income and assets) and imposition of tax act, 2015removal of doubts199p for the removal of doubts, it is hereby declared that save as otherwise expressely provided in sub-section (1) of section 199c, nothing contained in this scheme shall be construed as conferring any benefit, concession or immunity on any person other than the person making the declaration under this schemepower to remove difficulties5199q (1) if any difficulty arises in giving effect to the provisions of this scheme,the central government may, by order, not inconsistent with the provisions of this scheme, remove the difficulty:provided that no such order shall be made after the expiry of a period of twoyears from the date on which the provisions of this scheme come into force(2) every order made under this section shall be laid before each house ofparliament10power to make rules199r (1) the board may, subject to the control of the central government, bynotification in the official gazette, make rules for carrying out the provisions of this scheme(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—15(a) the form and manner of declaration and verification to be made undersection 199g;(b) any other matter which is to be, or may be, prescribed, or in respect ofwhich provision is to be made, by rules20 25(3) every rule made under this scheme 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' statement of objects and reasonsevasion of taxes deprives the nation of critical resources which could enable the government to undertake anti-poverty and development programmes it also puts a disproportionate burden on the honest taxpayers who have to bear the brunt of higher taxes to make up for the revenue leakage as a step forward to curb black money, bank notes of existing series of denomination of the value of five hundred rupees and one thousand rupees (hereinafter referred to as specified bank notes) issued by the reserve bank of india have been ceased to be legal tender with effect from the 9th november, 20162 concerns have been raised that some of the existing provisions of the income-tax act, 1961 could possibly be used for concealing black money it is, therefore, important that the government amends the act to plug these loopholes as early as possible so as to prevent misuse of the provisions the taxation laws (second amendment) bill, 2016, proposes to make some changes in the act to ensure that defaulting assessees are subjected to tax at a higher rate and stringent penalty provision3 in the wake of declaring specified bank notes as not legal tender, there have been representations and suggestions from experts that instead of allowing people to find illegal ways of converting their black money into black again, the government should give them an opportunity to pay taxes with heavy penalty and allow them to come clean so that not only the government gets additional revenue for undertaking activities for the welfare of the poor but also the remaining part of the declared income legitimately comes into the formal economy thus, money coming from additional revenue as a result of the decision to ban rs 1000 and rs 500 notes can be utilised for welfare schemes for the poor4 therefore, an alternative scheme namely, the 'taxation and investment regime for pradhan mantri garib kalyan yojana, 2016' (pmgky) is proposed to be provided in the bill the declarant under this regime shall be required to pay tax @ 30% of the undisclosed income and penalty @ 10% of the undisclosed income further, a surcharge to be called 'pradhan mantri garib kalyan cess' @ 33% of tax is also proposed to be levied in addition to tax surcharge and penalty, the declarant shall have to deposit 25% of undisclosed income in a deposit scheme to be notified by the central government in consultation with the reserve bank of india under the 'pradhan mantri garib kalyan deposit scheme, 2016'this amount is proposed to be utilised for the programmes of irrigation, housing, toilets, infrastructure, primary education, primary health, livelihood, etc; so that there is justice and equality5 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 26th november, 2016 ———— president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no 142/33/2016-tpl, dated 26th november, 2016 from shri arun jaitely, minister of finance and corporate affairs in the ministry of finance to secretary-general, lok sabha]the president, have been informed of the subject-matter of the taxation laws (second amendment) bill, 2016, recommends under clauses (1) and (3) of article 117 read with clause (1) of article 274 of the constitution of india, introduction of the above bill in lok sabha financial memorandumthis bill seeks to impose a higher rate of tax and levy of penalty in respect of certain incomes it also provides for a scheme for payment of tax, penalty and surcharge on the undisclosed income and investment of certain amount of such income in the pradhan mantri garib kalyan deposit scheme the bill is proposed to be administered by the central board of direct taxes thus, no additional expenditure is contemplated on the enactment of the bill memorandum regarding delegated legislationclause 5 of the bill seeks to insert a new section 199g, in respect of the taxation and investment regime for pradhan mantri garib kalyan yojana, 2016 the proposed section199g provides that a declaration under section 199c shall be made by a person competent to verify the return of income under section 140 of the income-tax act, to the principal commissioner or the commissioner notified in the official gazette for this purpose and shall be in such form and verified in such manner, as may be prescribed2 the matters in respect of which rules may be made or notifications may be issued in accordance with the provisions of the bill are matters of procedure and detail and it is not practicable to provide for them in the bill3 the delegation of legislative power is, therefore, of a normal character annexure extracts from the income-tax act, 1961 (43 of 1961) 115bbe (1) where the total income of an assessee includes any income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d, the incometax payable shall be the aggregate of—(a) the amount of income-tax calculated on income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d, at the rate of thirty per cent; and tax on income referred to in section 68 or section 69 or section 69a or section 69b or section 69c or section 69d(b) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (a) penalty where search has been initiated271aab (1) the assessing officer may, notwithstanding anything contained in any other provisions of this act, direct that, in a case where search has been initiated under section 132 on or after the 1st day of july, 2012, the assessee shall pay by way of penalty, in addition to tax, if any, payable by him,—(a) a sum computed at the rate of ten per cent of the undisclosed income of the specified previous year, if such assessee—(i) in the course of the search, in a statement under sub-section (4) of section 132, admits the undisclosed income and specifies the manner in which such income has been derived;(ii) substantiates the manner in which the undisclosed income was derived;and(iii) on or before the specified date—(a) pays the tax, together with interest, if any, in respect of the undisclosed income; and(b) furnishes the return of income for the specified previous year declaring such undisclosed income therein;(b) a sum computed at the rate of twenty per cent of the undisclosed income of the specified previous year, if such assessee—(i) in the course of the search, in a statement under sub-section (4) of section 132, does not admit the undisclosed income; and(ii) on or before the specified date—(a) declares such income in the return of income furnished for the specified previous year; and(b) pays the tax, together with interest, if any, in respect of the undisclosed income;(c) a sum which shall not be less than thirty per cent but which shall not exceed ninety per cent of the undisclosed income of the specified previous year, if it is not covered by the provisions of clauses (a) and (b) extract from the finance act, 2016 (28 of 2016) chapter ii rates of income-taxincome tax 2 (1) (9) subject to the provisions of sub-section (10), in cases in which income-tax has to be charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section174a or section 175 or sub-section (2) of section 176 of the income-tax act or deducted from, or paid on, income chargeable under the head "salaries" under section 192 of the said act or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" shall be charged, deducted or computed at the rate or rates specified in part iii of the first schedule and such tax shall be increased by a surcharge, for the purposes of the union, calculated in such cases and in such manner as provided therein: [10] m cprovided also that in respect of any income chargeable to tax under section 115a,115ab, 115ac, 115aca, 115ad, 115b, 115ba, 115bb, 115bba, 115bbc, 115bbd, 115bbda, 115bbe, 115bbf, 115e, 115jb or 115jc of the income-tax act, "advance tax" computed under the first proviso shall be increased by a surcharge, for purposes of the union, calculated,—(a) in the case of every individual or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, calculated at the rate of fifteen per cent of such "advance tax", where the total income exceeds one crore rupees;(b) in the case of every co-operative society or firm or local authority, calculated at the rate of twelve per cent of such "advance tax", where the total income exceeds one crore rupees;(c) in the case of every domestic company, calculated,—(i) at the rate of seven per cent of such "advance tax", where the total income exceeds one crore rupees but does not exceed ten crore rupees;(ii) at the rate of twelve per cent of such "advance tax", where the total income exceeds ten crore rupees; (d) in the case of every company, other than a domestic company, calculated,—(i) at the rate of two per cent of such "advance tax", where the total income exceeds one crore rupees but does not exceed ten crore rupees;(ii) at the rate of five per cent of such "advance tax", where the total income exceeds ten crore rupees; provided also that in the case of every company having total income chargeable to tax under section 115jb of the income-tax act, and such income exceeds ten crore rupees, the total amount payable as "advance tax" on such income and surcharge thereon, shall not exceed the total amount payable as "advance tax" and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees ———— a bill further to amend the income-tax act, 1961 and the finance act, 2016————gmgipmrnd—3435ls—26112016 the taxation laws (second amendment) bill, 2016 [to be/as introduced in lok sabha]1 page 4, line 10,- for "under section 199c" read "under sub-section (1) of section 199c" 2 page 4, line 43,- for "and penalty" read "and penalty under section 199d and section 199e, respectively" 3 page 4, line 44,- for "with section" read "with sub-section (1) of section" 4 page 5, line 13,- for "and section 119" read " and of section 119" 5 page 6, line 16,- for "section 199g;" read " section 199g; and" new delhi; november 28, 2016______ agrahayana 7, 1938 (saka)

Parliament_bills

5dd194e5-0903-55ab-b8b4-0543873f97a5

bill no viii of 2016 the promotion of cycling and provision of compulsory dedicated cycle corridor along major roads and highways bill, 2016 a billto provide for the promotion of cycling by way of giving incentives to the employees by employers including government, providing subsidy on purchase of bicycles to the general public and for the provision of compulsory dedicated cycle corridor along major public roads and highways in the country and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—(3) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different—(a) provisions of this act; (b) areas;5(c) roads or highwaysdefinitions2 unless the context otherwise requires,—(a) ''appropriate government" means in the case of a state the government of that state and in other cases the central government;10(b) "prescribed" means prescribed by rules made under this act3 (1) notwithstanding anything contained in any other law for the time being in force it shall be the duty of the appropriate government to promote eco-friendly and healthy practice of cycling in a big way and also provide dedicated cycle corridors along major roads and highways passing through its territorial jurisdiction in such manner as may be prescribed15(2) without prejudice to the generality of the provisions contained in sub-section (1)the appropriate government may for the purposes of this act,—appropriate government to promote cycling and provide dedicated cycle corridors(a) provide subsidy to the general public for purchasing bicycles; (b) give incentives and attractive cycle allowance to its employees for commuting to office and back home;20(c) consider giving tax exemptions to promote cycling; (d) provide and construct dedicated cycle tracks along arterial streets, main roads and highways;(e) make provision for compulsory cycle lanes along all major roads including flyovers;25(f) prepare and implement bicycle master plans for major cities and urban areas;(g) focus on the bicycle as a mode of transport;(h) ensure that cycle tracks are not taken over for unauthorised parking by motor vehicles or to become dumps for waste; and30(i) make such other provisions as it may deem necessary and expedient for the purposes of this actpower to remove difficulties354 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and any such order shall be final and binding5 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt with in this actact to supplement other laws406 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the states and union territories for implementing the provisions of this actcentral government to provide funds power to make rules7 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsthese days environmental pollution is the hot topic of debates on television channels, newspapers, magazines and other fora the national capital and national capital region (ncr) have been dubbed as one of the most polluted in the globe the judiciary has declared that we are living in the gas chamber in an effort to meet the twin objectives of limiting vehicular pollution and curbing road congestion delhi government wants to promote cycling by giving subsidy for bicycle purchases but unfortunately delhi's urban culture refuses to recognize the bicycle as a mode of transport this is mainly because there is lack of cycle readiness of the capital and ncr roads there are only a few dedicated lanes for cycling and even they are not fit for cycling for various reasons the streets are also dangerous for cyclists because buses and cars do not respect their rights cycles are not given way on main roads and they are often at risk when attempting to evade the heavy flow of traffic this kind of situation prevails not only in the national capital and ncr but throughout the countrythis situation exist despite the fact that our country is the second largest bicycle producing country in the world after china and this 15 billion dollar industry produced nearly 155 million bicycles in 2012-13 that is 10 percent of the total bicycles manufactured globally and employed about one million people but despite these figures cycling as an alternative mode of urban transport has not really taken off in our country around half a century ago almost 60 percent or road trips in the national capital involved bicycles but today experts reckon they constitute at best 4 percent of the city's commutershowever, it is not the case everywhere some cities across the globe have made it easier to ride bicycles ten famous cities of the globe which have bicycle lanes, dedicated bicycle only paths and drivers who are generally more than willing to share the road are copenhagen and amsterdam in demark; utrecht and eindhoven in netherlands; strasbourg, nantes and bordeaux in france; malmo in sweden; antwerp in belgium and seville in spain germany has recently become the first nation in the globe to start cycle highways with all the necessary facilities there are separate lanes, each lane is 13 feet wide with provision to overtake there are no red lights along the highways and bicycle rider can ride at high speed as he desiresthe success of odd and even car number formula in the national capital has again proved that where there is a will there is a way promoting cycling to contain environmental pollution is also possible for which several steps are needed to be undertakenhence this billrajkumar dhoot financial memorandumclause 3 provides for subsidy, allowance and tax exceptions for promotion of cyclingclause 6 of the bill makes it mandatory for the central government to provide adequate funds to the states and union territories for implementing the provisions of the bill the bill, if enacted will involve expenditure from the consolidated fund of india it is not possible to quantify the expenditure at this juncture but it is estimated that a sum of rupees one lakh crore may be involved as recurring expenditure per annuma sum of rupees two lakh crore may also be involved as non recurring expenditure for creation of assets throughout the country memorandum regarding delegated legislationclause 7 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character rajya sabha———— a billto provide for the promotion of cycling by way of giving incentives to the employees by employers including government, providing subsidy on purchase of bicycles to the general public and for the provision of compulsory dedicated cycle corridor along major public roads and highways in the country and for matters connected therewith and incidental thereto————(shri rajkumar dhoot, mp)gmgipmrnd—4603rs(s3)—26-02-2015

Parliament_bills

49b16c1d-4f34-51b0-9884-92da2e708945

bill no 164 of 2015 the unauthorised colonies, slums and jhuggi-jhopri clusters (basic amenities and other provisions) bill, 2015 byshri gopal chinayya shetty, mp a billto provide for the regularization of unauthorised colonies existing for two or more than two years and to provide basic amenities like drinking water, sanitation, healthcare, electricity, toilets, sewerage and management of garbage in such unauthorised colonies, slums and jhuggi-jhopri clusters and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title, extent and commencement1 (1) this act may be called the unauthorised colonies, slums and jhuggi-jhopri clusters (basic amenities and other provisions) act, 2015(2) it extends to union territories onlydefinitions2 in this act, unless the context otherwise requires,—5(a) "basic amenities" include provision of drinking water, electricity, street lighting, sewerage, toilets, drainage system, garbage disposal, sanitation, healthcare facilities, educational facilities, recreational facilities, marketing facilities, transportation facilities and access to public distribution system;(b) "competent authority" means such officer or authority as the central government may, by notification in the official gazette, appoint as the competent authority for the purposes of this act;10(c) "jhuggi-jhopri cluster" means an area consisting of jhuggi-jhopri clusters, generally built with bricks and mud, metal or wood having thatched or tin sheet or polythene roof covering;(d) "prescribed" means prescribed by rules made under this act;15(e) "slum" includes an area consisting of unplanned and shabbily built and over crowded houses in unhygienic atmosphere without civic amenities and such other areas as may be declared so by the competent authority; and(f) "unauthorised colony" means a colony not approved by the competent authority having jurisdiction and is in existence for two or more years203 notwithstanding anything contained in any other law for the time being in force, the central government shall, as soon as may be, formulate a policy for unauthorised colonies, which shall provide, inter alia, for the following, namely :—(a) regularization of all unauthorised colonies;national policy for unauthorised colonies, slums and jhuggi-jhopri clusters(b) improvement or removal of slums and jhuggi-jhopri clusters; (c) alternative accommodation to the dwellers of slums and jhuggi-jhopri clusters;25(d) construction and allotment of dwelling units with all basic amenities to dwellers of the slums and jhuggi-jhopri clusters;(e) provision of basic civic amenities such as potable water supply, electricity for domestic use, metallic roads, street lighting, sewerage, toilets including community toilets and proper drainage, sanitation and garbage disposal system in slums and jhuggi-jhopri cluster areas;30(f) healthcare facilities through health centres, dispensaries, pathological labs and mobile clinics for the inhabitants, including distribution of medicines, mosquito nets and repellants and fumigate free of cost from time to time and in particular during rainy season to protect the inhabitants from vector-borne diseases like malaria, dengue, chikungunya, encephalitis or filariasis;35(g) educational facilities, playgrounds and recreational facilities for children; (h) shopping facilities for daily household needs including vegetables and fruits; (i) accessibility to public distribution system and providing fuel for domesticconsumption such as kerosene, lpg or pipeline gas connections;40(j) financial assistance or training to inhabitants of slum and jhuggi-jhopri clustersto enable them to become self-employed; and(k) transportation facilities4 the central government shall, within one year from the date of the commencement of this act, by notification in official gazette, implement the policy formulated under section 3, in respect of the following matters, namely:—45(a) regularisation of all unauthorised colonies; andregularisation of unauthorised colonies and provisions of basic amenities(b) provision of all basic amenities in the regularised colonies5 for the purpose of effective implementation of this act, the central government shall, through the competent authority,—(i) carry out the works of improvement in slums and jhuggi-jhopri clustersfrom time to time in such manner as may be prescribed;5(ii) provide all basic amenities in slums and jhuggi-jhopri clusters in suchmanner as may be prescribed;(iii) extend financial assistance or vocational training to the inhabitants ofslums and jhuggi-jhopri clusters for their self-employment; andcentral government to provide basic amenities to inhabitants of slums and construct new dwelling unit through competent authority(iv) construct and allot dwelling units to the inhabitants of slums and jhuggijhopri clusters where such areas have been declared as slum clearance areas10competent authority to declare any slum area to be a clearance area6 (1) where the competent authority is satisfied that most satisfactory method of dealing with conditions in a slum area is the demolition of all the buildings in the area, the authority shall by an order notified in the official gazette declare the area to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with provisions of this act and the rules made thereunder15(2) the competent authority shall give adequate notice to the inhabitants of slums and jhuggi-jhopri clusters before demolition of houses, shelters or buildings(3) the competent authority shall not remove or demolish any jhuggi-jhopri clusters till all residents of the area have been evacuated and allotted alternative dwelling units with all basic amenities at convenient locations207 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds every year for carrying out the purposes of this actcentral government to make provision of fundspower to remove difficulties258 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing of the difficulty:provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this act30(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliamentact to have overriding effect9 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for time being in force10 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matter dealt with in this act35act not to be in derogation of other lawspower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act4045(2) 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 the 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 statement of objects and reasonsour country is very vast and is the second most populous country after chinaseventy per cent of our population lives in villages and poverty is rampant in rural india driven by poverty and to earn their livelihood or fulfil their dreams, people migrate to urban areas especially to the metropolitan cities millions of such migrant people and also some local population settle down in slums, jhuggi-jhopri clusters and unauthorised colonies and even on footpaths or pavements under the open sky in most inhuman conditions without basic civic amenities like potable water, electricity, toilets, sanitations, sewerage, healthcare, education etc such slums, jhuggi-jhopri clusters and unauthorised colonies exist in various parts of urban areas and metropolitan cities including the national capital city of delhi in delhi regularisation of unauthorised colonies has always been a burning problem for successive central government the number of slums, jhuggi-jhopri clusters and unauthorised colonies is increasing and millions of people continue to languish in stinking and inhuman conditions and thus fall victims to various fatal diseases these slums, jhuggi-jhopri clusters and unauthorised colonies have also gained notoriety for other reasons but majority of people living there are law abiding citizens despite all this, we do not have a policy to address the problems of slums, jhuggi-jhopri clusters and unauthorised coloniesbeing a welfare state, the central government and the state governments are duty bound to initiate welfare measures for the residents of slums, jhuggi-jhopri clusters and unauthorised colonies by providing them basic civic amenities it has been observed that such areas are also neglected by local authorities which are responsible for providing civic amenities citing various technical and legal reasons the central government should come forward and bear all the expenses in implementing the provisions of this billhence this billnew delhi;gopal chinayya shettymay 7, 2015 financial memorandumclause 4 of the bill provides for regularisation of unauthorised colonies and provisions of basic amenities in unauthorised colonies clause 5 provides for basic amenities, improvement in slums and jhuggi-jhopri clusters, financial assistance to inhabitants for self-employment and construction of new dwelling units for inhabitants of slums and jhuggi-jhopri clusters through the competent authority clause 7 provides that the central government shall provide adequate funds for carrying out the purposes of the bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees twenty-five thousand crore per annuma non-recurring expenditure of about rupees fifty thousand crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the regularization of unauthorised colonies existing for two or more thantwo years and to provide basic amenities like drinking water, sanitation, healthcare,electricity, toilets, sewerage and management of garbage in such unauthorisedcolonies, slums and jhuggi-jhopri clusters and for matters connectedtherewith or incidental thereto————(shri gopal chinayya shetty, mp)gmgipmrnd—1219ls(s3)—14072015

Parliament_bills

805a9d7f-4693-555f-a971-e9dd05df10d7