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8w; no z, of 1"3- the constitution tseventeenth amendment) bill, 1963 a billfurther to amend the cotjstitution of india be it enacted by parliament in the fourteeilith year of the republic ot india as follows:-- 1 this act may be called the constitution (seventeenth amend- shon title ment) act, 1963 - s 2 in article 31a of the constitution, in clause (2), for sub-clause amendment (a) ,the following sub-clause shall be substituted and shall be of article 31a deemed always to have been substituted, namely:-- (a) the expression "estate" shall, in relation to any local area, have the same meaning as that expression or its local 10 equivalent has in the existing law relating to land tenures in force in that area and shall also include-(i) any ;agir, inam or muafi or other similar grant and in the states of madras and kerala, any janmam right; '(ii) any land held under ryotwari settlement; is " ' '(iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture and sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans' 20 3 in the ninth schedule to the constitution, after entry 20, the am~ent following entries shall be added, namely:-~h~l~~~ "21 the andhra pradesh (andhra area) est8ltes (abolition and conversion into ryotwari) act, 1948 (madras act xxvi of 1948) 22 the andhra pradesh ceiling on agricultural holdings act, 1961 (andlira eradesh act x of 1961) 23 the andhra pradesh (telangana area) jagirll (commutation) regulation, (amendment) act, 1961 (andhra pradesh act xviii of 1961) 24 the andhra pradesh (telangana area) ijara and kowli - land cancellation of irregular pattas and abolition of concessional assessment act, 1961 (andhra pradesh act 5 xxxvi of 1961) 25 the assam state acquisition of zamindarh act, 1951 (assam act xviii of 1951) 26 the assam fixation of ceiling on land holdings act, 1956 (assam act i of 1957) 10 27 the assam state acquisition of lands belonging to religious or charitable institution of public nature act, 1959 (assam· act ix of 1961) - 28 - the assam consolidation of holdings act, 1960, (assam act xix of 1961) is 29 the bihar land reforms (amendment) act, 1953 (bihar act xx of 1954) 30 the bihar land reforms (amendment) act, 1959 (bihar act xvi of 1))59) 31 the bihar land reforms (fixation of ceiling area and 20 acquisition of surplus land) act, 1961 (bihar act xii of 1962) 32 the bombay bhagdari and narwadari tenures abolition act, 1949 (bombay act xxxii of 1949) 33 the bombay watwa vazifdari rights abolition act, 1950 2s (bombay act lxii of 1950) 34 the bombay tenancy and agricultural lands (amendment) act, 1951 (bombay act xii of 1951) 35 the bombay tenancy and agricultural lands (second amendment) act, 1951 (bombay act xxxiv of 1951) 30 - 36 the bombay tenancy and agricultural lands (third amendment) act, 1951 (bombay act xlv of"1951) 37 the salsette estates (land reve~' ixemptiod abolttlod) act, 1951 (bombay act xlv~,ow • 't;!'"' 38 ·rile "bombay land tenures abolition (compensation application extension of date) (amendment) act, 1952 (bombay act iii of 1952) 5 39 the bombay tenancy and agricultural lands (amendment) act, 1952 (bombay act xxxiii of 1952) 40 the bombay saranjam jahagirs and other inams of political nature resumption rules, 1952 41 the bombay land tenures abolition (amendment) act, 1953 (bombay act xxxviii of 1953) 10 42 the bombay personal inams abolition act, 1952 (bombay act xlii of 1953) 43 the bombay merged territories (ankadia tenure abolition) act, 1953 (bombay act xliii of 1953) 44 the bombay kauli and katuban tenures (abolition) act, 15 1953 (bombay act xliv of 1953) 45 the bombay merged territories (baroda mulgiras tenure abolition) act, 1953 (bombay act xlv of 1953) 46 the bombay merged territories (baroda watan abolition) act, 1953 (bombay act xlvi of 1953) 20 1,7 the bombay· merged territories matadari tenure abolition act, 1953 (bombay act xlviii of 1953) 48 the bombay land tenures abolition (recovery of records) act, 1953 (bombay act l of 1953) 49 the bombay tenancy and agricultural lands (amendment) act, 1953 (bombay act lx of 1953) so the bombay ~ervice inams (useful to community) abolition act, 1953 (bombay act lxx of 1953) 5] the bombay merged territories (janjira and bhor) khoti tenure abolition act, 1953 (bombay act lxxi of 1953) 52 the bombay (okhamandal salami tenure abolition) act, 1953 (bombay act i of 1954) 53 the bombay pargana and kulkarni watans (abolition) amendment act, 1954 (bombay act xxix of 1954) 54 the bombay merged territories and areas (jagirs abolition) act, 1953 (bombay act xxxix of 1954) 3s s the bombay amending act, ·19{)~ (bombay act lviii of 1954) 56 the bombay service inams useful to community (gujarat and konkan) resumptiqn rules, 1954 57 the bombay taluqdari tenure abolition (amendment) act 1954 (bombay act i of 1955) 58 the bombay bhil naik inams abolition act 1955 (bombay 5 act xxi of 1955) 59 the bombay merged territories miscellaneous alienations abolition act, 19~ (bombay act xxii of 1955) 60 the bombay shilotri rights (kolaba) abolition act, 1955 (bombay act xlvii of 1955) 10 61 the bombay pargana and kulkarni watans (abolition) (amendment) act, 1955 (bombay act l of 1955) 62 the bombay land tenures abolition (amendment) act, 1955 (bombay act li of 1955) 63 the bombay tenancy and agricultural lands (amendment) 15 act, 1955 (bombay act xni of 1956) 64 the bombay land tenures abolition (amendment) act, ,1956 (bombay act xl of 1956) 65 the bombay tenancy and agrit;ultural lands (amendment) act, ,1957 (bombay act xv of 1957) 20 66 'the bombay tenancy and agrieultural lands (seeond amendment) act, 1957 (bombay act xxxviii'of 1957) 87 the bombay taluqdari tenure (abolition) amendment 'act 1957 (bombay act xviii of 1958) 68 the bombay land tenure abolition laws (amendment) act, 25 1958 (bombay act lvii of 1958) 69 the bombay tenancy and agricultural lands (amendment) act, 1958 (bombay act lxiii of 1958) 70 the bombay land tenures abolition (amendment) act, 1958 (bombay act xciii of 1958) 30 - 71 the bombay inams (klltch area) abolition act, 1958 (bombay act xcviii of 1958) 72 the bombay tenancy and agricultural landi! (vidharbha region and kutch area) act, 1958 (bombay ac:txcix of 1~) ~ 73 the bombay inferior village watans abolition act-,1958 (bombay act i of 1959) 74 the bombay ankadia tenure (saurashtra area) abolition' act, 1959 (bombay act xxxi of 1959)· s 7s the bombay bandhijama, udhad and ugadia tenures abolition act, 1959 (bombay act xxxv of 1959) 76 the bombay (saurashtra area) aghat tenure and ijaras abolition act, 1959 (bombay act lxv 'of 1959) 77 the bombay taluqdari tenure (abolition) amendment act, 1960 (bombay act xviu of 1960) 10 78 the bomibay tenancy and agriculltural lands (gujarat amendment) act, 1960 (gujarat act xvi of 1960) ' 79 the gujarbt agricultural lands ceiling act, 1960 (gujarat act xxvii of 1961) is 80 the guj'8rat patel watans abolition act, 1961 (gujarat act xlviii of 1961) 81 the bombay taluqdari tenure abolition (gujarat amendment) act, 1962 (gujarat act xv of 1962) 20 82 the sagbara and mehwassi estates (proprietary rights abolition, etc) regulation, 1962 (gujarat regulation"i of if62) 83 the saurashtra~n~ ~,~orms act, 1951 (sa1,lrash~ra act xxv of 1951) 84 the saurashtra barkhali abolition actt, 1951 (saurashtra act xxvi of 1951) 2s ~5 the saui:ash~ra estates acquisition act, 1952 (saurashtra act iii of 1952) 86 the bombay tenancy and agricultural lands (amendment) act, 1960 (maharashtra act ix of 1961) , 87 30 the maharashtra agricultural lands (ceiling on holdings) act, 1961 (maharashtra act xxvif of 1961) 88 'rhe maharashtra revenue patels (abolition of oftice) act, 1962 (maharashtra act xxxv of 1962) 89 the bombay tenancy and agricultural lands (am~dment) act, 1962· (maharashtra act xxxvi of 1962) 90 the bombay tenancy and agricultural lands (second amendment) act, 1962 (maharashtra act viii of 1963) 91 the west khandesh mehwassi estates (proprietary rights abolition, etc) regulation, 1961 (maharashtra regulation s i of 1962) 92 the hyderabad tenancy and agricultural lands act, 1950 (hyderabad act xxi of 1950) 93 the hyderabad abolition of inams act, 1954 (hyderalbad act viii of 1955) 94 the kerala agrarian relatdons act, 1960 (kerala act iv of 10 1961) 95 the madhya bharat zamindari abolition act, samvat 2008 (madhya bharat act xiii of 1951) 96 the madhya bharat abolition of jagirs act, samvat 2008 (madhya bharat act xxviii of 1951) is 97 the madhya pradesh land revenue code, 1959 (madhya pradesh act xx of 1959) 98 the madhya pradesh ceiling on agricultural holdings act, 1960 (madhya pradesh act xx of 1960) 9$» the madras estates (abolition and conversion into ryotwari) 20 amendment act, 1951 (madras act xvii of 1951) 100 the madras estates (abolition gild conversion into ryotwari) second amendment act, 1951 (madras act xxxv of 1951) 101 the madras estates (abolition and conversion into ryotwari) amendment act, 1953 (madras act ix of 1953) as 102 the madras estates (abolition and conversion into ryotwari) amendment act, 1954 (madras act xxxiv of 1954) 103 the madras cultivating tenants protectian act, 1955 (madras act xxv of 1955) 104 the madras cultivating tenants (payment of fair rent) 30 act, 1956 (madras act xxiv of 1956) 105 the madras estates (supplementary) act, 1956 (mljdras act xxx of 1956) 106 the madras estates (abolition and conversion into byotwari) amendment act, 1956 (madras act xliv of 1956), " 107 the madras estates (abolition and conversion into l\yotwari) , estates land (reduction of rent) and estate (supplementary) (amendment) act, 1958 (madras act xxxiv of 1958) 5 108 the madras estates (abolition and conversion into ryotwari) amendment act, 1961 (madras act xviii of 1961) 109 the madras estates (supplementary) amendment act, 1961 (madras act xxxv of 1961) 110 the madras occupanij; of kudiyiruppu '(prota!ction from 10 eviction) act, 1961 (madras act xxxviii of 1961) 111 the madras public trusts (regulation of administration of agricultural lands) act, 1961 (madras act lvii of 1961) 112 the madras land reforms (fixation of ceiling on land) act, 1961 (madras act lviii of 1961) 15 113 the mysore tenancy act, 1952 (mysore act xiii of 1952) 114 the mysore (personal and miscellaneous) inams abolition act, 1954 (mysore act i of 1955) 115 the mysore (religious and charitable) inams abolition act, 1955 (mysore act xviii of 1955) 20 116 the coorg tenants act, 1957 (mysore act xiv of 1957) 117 the mysore village offices abolition act, 1961 (mysore ad xiv 'of 1961) 118 the mysore land refomls act, 1961 (mysore act·x of 1962) 119 the orissa land reforms act, 1960 (orissa act xvi of 1960) 25 120 the punjab security of land tenures act, 1953 (punjab act, x of 1953) 121 the pepsu tenancy and' agricultural lands act, 1955 (pepsu act xiii of 1955) 122 the rajasthan land reforms and resumption of jagirs act, 1952 (rajasthan act vi of 1952) 30 123 the rajasthan tenancy act, 1955 (rajasthan act iii of 1955) 35 124 the rajasthan zamindari and biswedari abolition act, 1959 (rajasthan act viii of 1959) 125 the rajasthan kasar bhom abolition act, 1961 (rajasthan act xxxv of 1961) 128 the ajnier abolition of intermediaries andi:andreforms act, 1950 (ajmer act iii of 1955) 127 the uttar pradesh zamindari abolition and land refonns (amendment) act, 1952 '(up act xvi of 1953) 128 the uttar pradesh land reforms (amendment) act, 1954 5 (up act xx of 1954) 129 the j aunsar bawar zamindari abolition and land reforms act, 1956 (up act xi of 1956) 130 the uttt,r pradesh land reforms (amendment act), 1956 (up act xviii of 1956) 10 131 the uttar pradesh urban areas' zamindari abolition and land reforms act, 1956 (up act ix of 1957) '\ 132 the uttar pradesh zamindari abolition and land reforms (amendment) act,1958 (up act xiv of 1958) i33 "the uttar pradesh land reforms (amendment) act, -1958 is (u,p act xxxvii of 1958) 134 the uttar pradesh government estates thekedari abolition act,1958 (up act i of 1959) 135 136 137 138 the kumaun and uttarakhand zamindari abolition and la'nd reforms act, 1960 (up act xvii of 1960) 20 the uttar pradesh imposition of ceiling on land holdings act, 1960 (up act i of 1961) - the uttar pradesh land laws (amendment) act, '1962 (up act xxi of 1962) "'"'" ~ the west bengal estates acquisition act, 1953 (west bengal2s act i of 1954) 139 the west bengal land reforms act, 1955 (west bengal act x of 1956) the delhi land reforms act, 1954 (delhi act viii of 1954) 140 141 the delhi land holdings (ceiling) act"1960 (central act 30 24 of 1960) 142 - 143 the himachal pradesh abolition of big landed' estates and land reforms act, 1953 (himachal pradesh act xv of 1954) i · ' ~!_ -;i>, the manipur uti bevenue and land reforms act, 1960 is (centl'8l act 33 e~960) , " 144 the tripura land revenue and land reforms act, 19go '{central act 43 of 1960)explanation-any reference in entries 21 to 144 of this schedule to any act, regulation or rule (other than an amending act) shall 5 be construed as including a reference to such act, regulation or rule as amended from time to time up to the first day of april, 1963" statement of oqjects and reasonsthe ke1ala agar-ian relations act, 1961 was struck gown ,by the supreme court in its application to ryo~wari lands transferred from the state of madras to kerala the act was further struck down by the high court of kerala in its application to lands other th8n estates in malabar and travancore it was held that the provisions of the act were violative of articles 14, 19 and 31 of the constitution and that the protection of article 31a of the constitution was not available to those lands, as they were not estates 2 the protection of article 31a is available only in respect of such tenures as were estates on the 26th january, 1950, when the constitution came into force the expression "estate" has been defined difterently in difterent states and, as a result of the transfer of land from one state to another on account of the reorganisation of states, the expression has come to be defined differently in different parts of the same state moreover, many of the land refoj,"dl enactments relate to lands which are not included in an estate it is, therefore, proposed to amend the definition of "estate" in article 31a of the constitution by including therein lands held under ryotwari settlement and also other lands in respect of which provisions are normally made in land reform enactments it is also proposed to amend the ninth schedule by including therein the state enactments" relating to land reform in order to remove any uncertainty or doubt that may arise in regard to their validity 3 the bill seeks to achieve these objects nzw dj!:lm; asoke k sen the 29th april 1963 "-\ - - - - ala savina of laws proyi din, (01' (2) in this article,-~tiod of estatcs, (a) the expression "estate" shall, in relation to any 10('al erea, ell:: have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area, and shan also include any jagir, inam or m1u1fi or other similar grant and in the states of madras and kerala, any janmam right; - - - a billfurther to amend the constitution of india (shri asoke k sen, minister of lard)

Parliament_bills

7dee6d9e-457d-598d-a629-4a93ada42a40

bill no 38 of 2017 the constitution (amendment) bill, 2017 byshrimati darshana vikram jardosh, 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 in article 323b of the constitution, in clause (2),—(a) after sub-clause (h), the following sub-clause shall be inserted, namely:—amendment of article 323b"(ha) compensation for motor vehicle accidents;"; and(b) in sub-clause (i), for the words "sub-clauses (a) to (h)", the words "subclauses (a) to (ha)" shall be substituted statement of objects and reasonsa huge number of accident compensation claim cases are pending in various courts and such cases are mounting every day currently, disposal of a motor vehicle accident compensation claim case takes a very long time thereby frustrating the interests of the victims of such accident in most of the cases drivers loose their life and their aggrieved dependent family members face greater difficulties for survival as they do not receive compensation in time there is a need to impose a constitutional obligation on the appropriate legislatures to establish tribunals for adjudication of cases relating to settlement of claims of compensation arising out of motor vehicles accidentsthe bill, therefore, seeks to amend the constitution with a view to empower the appropriate legislatures to provide for the adjudication by tribunals of settlement of claims of compensation arising out of motor vehicle accidentshence this billnew delhi;darshana vikram jardoshfebruary 1, 2017 annexure extract from the constitution of india tribunals for other matters323b (1) the appropriate legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints or offences with respect to all or any of the matters specified in clause (2) with respect to which such legislature has power to make laws(2) the matters referred to in clause (1) are the following, namely:—(a) (h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;(i) offences against laws with respect to any of the matters specified in subclauses (a) to (h) and fees in respect of any of those matters;(j) any matter incidental to any of the matters specified in sub-clauses (a) to (i) lok sabha———— a billfurther to amend the constitution of india————(shrimati darshana vikram jardosh, mp)gmgipmrnd—4484ls(s3)—01-03-2017

Parliament_bills

36f4b25b-ef92-5b40-a845-0fc2c1fa514d

bill no lxiv of 2006 the tripura university bill, 2006 a billto establish and incorporate a teaching and affiliating university in the state of tripura and to provide for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the tripura university act, 2006short title and commencement(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) "affiliated college" means a college admitted to the privileges of the university;(d) "board of studies" means the board of studies of the university; (e) "chancellor", "vice-chancellor", and "pro-vice-chancellor" mean, respectively, the chancellor, vice-chancellor and pro-vice-chancellor of the university;(f) "college development council" means the college development council of the university;(g) "constituent college" means a college maintained by the university; (h) "court" means the court of the university; (i) "department" means a department of studies and includes a centre of studies;(j) "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;(k) "employee" means any person appointed by the university and includes teachers and other staff of the university;(l) "executive council" means the executive council of the university; (m) "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;(n) "institution" means an academic institution, not being a college, maintained by, or admitted to the privileges of, the university;(o) "principal" means the head of a college or an institution maintained by the university and includes, where there is no principal, the person for the time being duly appointed to act as principal, and in the absence of the principal, or the acting principal, a vice-principal duly appointed as such;(p) "recognised teachers" means such persons as may be recognised by the university for the purpose of imparting instructions in a college or an institution admitted to the privileges of the university;(q) "regulations" means the regulations made by any authority of the university under this act for the time being in force;(r) "faculty" means a faculty of the university; (s) "statutes" and "ordinances" mean, respectively, the statutes and the ordinances of the university for the time being in force;(t) "teachers of the university" means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances;(u) "university" means the tripura university established and incorporated as a university under this actestablishment of the universitytripura act 11 of 19873 (1) the tripura university in the state of tripura, established under the tripura university act, 1987, shall be established as a body corporate under this act by the same name of "tripura university"(2) 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(3) the university shall have perpetual succession and a common seal and shall sue and be sued by the said name(4) the headquarters of the university shall be at agartala4 on and from the date of commencement of this act,—effect of establishment of the university(a) any reference to the tripura university in any contract or other instrument shall be deemed as a reference to the university;(b) all property, movable and immovable, of or belonging to the tripura university shall vest in the university;(c) all rights and liabilities of the tripura university shall be transferred to, and be the rights and liabilities of, the university;(d) every person employed by the tripura university immediately before the commencement of this act shall hold his office or service in the university by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been enacted, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes:provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the university in accordance with the term of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the university of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees:provided further that every person employed before the commencement of this act, pending the execution of a contract under section 36, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this act and the statutes:provided also that any reference, by whatever form of words, to the vice-chancellor and pro-vice-chancellor of the tripura university in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the vice-chancellor and the pro-vice-chancellor of the university;tripura act 11 of 1987(e) the vice-chancellor of the tripura university, appointed under the provisions of the tripura university act, 1987 shall be deemed to have been appointed as the vice-chancellor under this act, and shall hold office for a period of three months or till such time the first vice-chancellor is appointed under section 47 of the act, whichever is earlier; and(f) all colleges, institutions, faculties and departments affiliated to, or admitted to the privileges of, or maintained by, the tripura university shall stand affiliated to, or admitted to the privilege of, or maintained by, the universityobjects of the university5 the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make provisions for integrated courses in humanities, natural and physical sciences, social sciences, forestry and other allied disciplines in the educational programmes of the university; to make special provisions for studies in tribal life and culture; to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary studies and research; to educate and train manpower for the development of the state of tripura; and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that state, their intellectual, academic and cultural development6 the university shall have the following powers, namely:—powers of university(i) to provide for instructions 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 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 recognise persons for imparting instructions in any college or institution admitted to the privileges of the university;(ix) to appoint persons working in any other university or organisation as teachers of the university for a specified period;(x) to create administrative, ministerial and other posts and to make appointments thereto;(xi) to co-operate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine;(xii) to establish, with the prior approval of the central government, such centres and specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects;(xiii) to institute and award fellowships, scholarships, studentships, medals and prizes;(xiv) to establish and maintain colleges, institutions and halls; (xv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary;(xvi) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;(xvii) to admit to its privileges colleges and institutions within the state of tripura not maintained by the university; to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes; 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 appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university;(xix) to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes;(xx) to determine standards of admission to the university, which may include examination, evaluation or any other method of testing;(xxi) to demand and receive payment of fees and other charges; (xxii) to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare;(xxiii) to lay down conditions of service of all categories of employees, including their code of conduct;(xxiv) 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;(xxv) to make arrangements for promoting the health and general welfare of the employees;(xxvi) 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;(xxvii) 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;(xxviii) 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 (1) the jurisdiction of the university shall extend to the whole of the state of tripura(2) notwithstanding anything in any other law for the time being in force, no educational institution within the state of tripura shall be associated in any way with or be admitted to any privileges of any other university incorporated by law in india, and any such privileges granted by any such other university to an educational institution within the state of tripura prior to the commencement of this act shall be deemed to be withdrawn on the commencement of this act:provided that the central government may, by order in writing, direct that the provisions of this sub-section shall not apply in case of any educational institution specified in the orderuniversity open to all classes, castes and creed8 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 or admitted to its privileges; 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 of his intention to cause an inspection or inquiry to be made,—(a) to the university, if such inspection or inquiry is to be made in respect of the university or any college or institution maintained by it, or(b) to the management of the college or institution, if the inspection or inquiry is to be made in respect of college or institution admitted to the privileges of the university, and the university or the management, as the case may be, 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 or the management, as the case may be, 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 or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry(7) the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vice-chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vice-chancellor shall communicate, to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon(8) the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through the vice-chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon(9) the executive council or the management, as the case may be, 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(10) where, the executive council or the management, does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or the management, issue such directions as he may think fit and the executive council or the management, as the case may be, shall comply with such directions(11) 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(12) the visitor shall have such other powers as may be prescribed by the statutes10 the governor of the state of tripura shall be the chief rector of the universitythe chief rector11 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 faculties; (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 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 the 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 termsand conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesthe deans of faculties15 every dean of faculty shall be appointed in such manner and shall exercise suchpowers 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 andconditions 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 shall exercise suchpowers 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 examinationsthe librarian19 the librarian shall be appointed in such manner and on such terms and conditionsof 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 universityshall 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 college development council; (5) the board of studies;(6) the finance committee; and (7) such other authorities as may be declared by the statutes to be the authorities of the universitythe court22 (1) the constitution of the court and the term of office of its members shall beprescribed 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 statutes25 (1) the college development council shall be responsible for admitting colleges to the privileges of the universitythe college development council(2) the constitution of the college development council, the term of office of its members and its powers and functions shall be prescribed by the statutesthe boards of studies26 the constitution, powers and functions of the boards of studies shall be prescribed by the statutesthe finance committee27 the constitution, powers and functions of the finance committee shall be prescribed by the statutes28 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 statutesother authorities of the universitypower to make statutes29 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 university recognised 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, provident fund, the manner of termination of service and disciplinary action;(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 a department;(l) the establishment and abolition of faculties, departments, centres, halls, colleges and institutions;(m) the conferment of honorary degrees; (n) the withdrawal of degrees, diplomas, certificates and other academic distinctions;(o) the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges;(p) the management of colleges and institutions established by the university; (q) the delegation of powers vested in the authorities or officers of theuniversity;(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 the statutes30 (1) the first statutes are those set out in the schedulestatutes, how 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 suitably31 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely:—power to make ordinances(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, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;(e) the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university;(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;(h) the conditions of residence of the students of the university; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;(j) the establishment of centres of studies, boards of studies, specialised laboratories and other committees;(k) the manner of co-operation and collaboration with other universities, institutions and other agencies including learned bodies or associations;(l) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university;(m) the institution of fellowships, scholarships, studentships, medals and prizes; (n) the supervision of management of colleges and institutions admitted to the privileges of the university;(o) the setting up of a machinery for redressal of grievances of employees; and (p) 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 statutes and the ordinances of the tripura university in force immediately before the commencement of this act shall be applicable insofar as they are not inconsistent with the provisions of this act and the statutesregulations32 the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutesannual report33 (1) the annual report of the university shall be prepared under the direction of the 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, if any(3) a copy of the annual report, as prepared under sub-section (1), shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliamentannual accounts34 (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 at intervals of not more than fifteen months, be audited by the comptroller and auditor- general of india or by such persons as he may authorise in this behalf(2) a copy of the annual accounts together with the audit report thereon shall be submitted to the 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 tothe 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 official gazettereturns and information35 the university shall furnish to the central government such returns or otherinformation with respect to its property or activities as the central government may, from time to time, requireconditions of service of employees36 (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 students37 (1) any student or candidate for an examination whose name has been removedfrom 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 againsta 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 36 shall, as far as may be, applyto a reference made under this sub-sectionright to appeal38 every employee or student of the university or of a college or institutionmaintained by the university or admitted to its privileges 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 or the management 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 funds39 (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 fund40 if any question arises as to whether any person has been duly elected or appointedas, 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 authorities and bodies filling of casualvacancies41 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 member42 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 authorities or bodies not invalidated by vacancies protection of action taken in good faith43 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 record44 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 difficulties45 (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 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 order46 (1) every statute, ordinance or regulation made under this act shall be published in the official gazette(2) every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or thestatutes, ordinances and regulations to be published in the official gazette and to be laid before parliamentsuccessive 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 applicable47 notwithstanding anything contained in this act and the statutes,—transitional provisions(a) the first chancellor and 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-one 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 college development council shall consist of not more than eleven members, who shall be nominated by the central government and they shall hold office for a term of three years;(e) 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 occurred48 (1) the tripura university act, 1987 is hereby repealed(2) notwithstanding such repeal,—repeal of tripura act 11 of 1987tripura act 11 of 1987(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the tripura university act, 1987, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this act and, except as otherwise provided by or under this act or the statutes, continue in force unless and until they are superseded by any order made under this act or the statutes; and(b) all proceedings of selection committees for the appointment or promotion of teachers that took place before the commencement of this act and all actions of the executive council in respect of the recommendations of such selection committees where no orders of appointment on the basis thereof were passed before the commencement of this act shall, notwithstanding that the procedure for selection has been modified by this act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the visitor, a decision to the contrary the schedule 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 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 an institution maintained by, or admitted to the privileges of, 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(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 travelling 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 half-pay leave shall be debited against half-pay leave due (6) if the office of the vice-chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill-health or any other cause, 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 the existing vice-chancellor resumes the duties of his office, as the case may be3 (1) the vice-chancellor shall be ex officio chairman of the executive council, the academic council and the finance committee and shall, in the absence of the chancellor, preside 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 committeepro-vice- chancellor4 (1) the pro-vice-chancellor shall be appointed by the executive council on the recommendation of the vice-chancellor:provided 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 faculties5 (1) every dean of faculty shall be appointed by the vice-chancellor from amongst the professors in the faculty 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 faculty, the dean shall be appointed, for the time being, from amongst the professor, if any, and the readers in the faculty 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 faculty(3) the dean shall be the head of the faculty and shall be responsible for the conduct and maintenance of the standards of teaching and research in the faculty 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 faculty, 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 recommendation of a selection committee constituted for the purpose and shall be a whole-time salaried officer of the university(2) he shall be appointed for a term of five years and shall be eligible for 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 conclusion 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 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 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 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 therecommendations 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 councilmeetings of the 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 an 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 (2) 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 court11 seven members of the executive council shall form a quorum for a meeting of the executive councilquorum for 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 this 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, 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 officer of the university other than the chancellor and the vice-chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;(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 statutes13 nine members of the academic council shall form a quorum for a meeting of the academic councilquorum for meetings of the academic council14 subject to the provisions of this 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-faculty 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 faculty 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 faculties as may be specified in the statutesfaculties and departments(2) every faculty shall have a faculty board and the members of the first faculty board shall be nominated by the executive council for a period of three years(3) the composition, powers and functions of a faculty board shall be prescribed by the ordinances(4) the conduct of the meetings of a faculty board and the quorum required for such meetings shall be prescribed by the ordinances(5) (a) every faculty 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 faculty;(iv) honorary professors, if any, attached to the department; and(v) such other persons as may be members of the department in accordance with the provisions of the ordinances16 (1) each department shall have a board of studiesboard 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 faculty 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 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: table| 1 | 2 ||--------------------------------------------------------|-------------------------------------------------|| professor | ( || i | || ) | the dean of the faculty || ( | || 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 for their | || special knowledge of, or interest in, the subject with | || which the professor will be concerned | || reader/lecturer | ( || i | || ) | the head of the department || ( | || ii | || ) | one professor nominated by the vice-chancellor || ( | || iii | || ) two persons not in the service of the university, | || nominated by the executive council, out of a panel of | || names recommended by the academic council for their | || 1 | 2 ||--------------------------------------------------------------------------|---------------------------------------------------------------------------|| special knowledge of, or interest in, the subject with | || which the reader/lecturer will be concerned | || registrar/finance officer | ( || i | || ) | two members of the executive council nominated by || it | || ( | || ii | || ) | one person not in the service of the university || nominated by the executive council | || librarian | ( || i | || ) | two persons not in the service of the university 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 the university || nominated by the executive council | || principal of college or | three persons not in the service of the university of whom || institution maintained by | two shall be nominated by the executive council and one by || the university | the academic council for their special knowledge of, or || interest in, a subject in which instruction is being provided | || by the college or institution | || note | || 1— | where the appointment is being made for an inter-disciplinary project, || the head of the project shall be deemed to be the head of the department | || concerned | || 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 faculty 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 faculty 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 working in 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 the procedure laid down in statute 18 for a fixed tenure on such terms and conditions as it deems fitrecognised teachers21 (1) the qualifications of recognised teachers shall be such as may be prescribed by the ordinances(2) all applications for the recognition of teachers shall be made in such manner as may be laid down by the ordinances(3) no teacher shall be recognised as a teacher except on the recommendation of a selection committee constituted for the purpose in the manner laid down in the ordinances(4) the period of recognition of a teacher shall be determined by the ordinances made in that behalf(5) the academic council may, 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) an 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) a 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(2) the emoluments of members of the academic staff shall be such as may be prescribed by the ordinancesterms and conditions of service and code of conduct of the teachers, etc(3) every teacher and member of the academic staff of the university shall be appointed on a written contract, the form of which shall be prescribed by the ordinances(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 ofservice andcode 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 finalremoval of employees of theuniversity26 (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 council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the visitor for the conferment of honorary degrees:provided that in case of emergency, the 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 than two-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 not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the university for good and sufficient cause:provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may 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 among 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 faculty 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 faculty 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 colleges, institutions, deans of faculties 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, faculties and teaching departments in the university, as may be necessary for the proper conduct of such colleges, institutions, faculties 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 the principals of colleges, institutions, deans of faculties and heads of teaching departments in the university may also make such supplementary rules as they deem necessary for the purposes stated therein(7) 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 university30 all powers relating to discipline and disciplinary action in relation to students of a college or an institution not maintained by the university, shall vest in the principal of the college or institution, as the case may be, in accordance with the procedure prescribed by the ordinancesmaintenance of discipline among students of colleges or an institution not maintained by university31 (1) colleges and other institutions situated within the jurisdiction of the university may be admitted to such privileges of the university as the executive council and the college development council may decide on the following conditions, namely:—admission of colleges, etc, to the privileges of the university(i) every such college or institution shall have a regularly constituted governing body, consisting of not more than fifteen persons approved by the executive council and including among others, two teachers of the university to be nominated by the executive council and three representatives of the teaching staff of whom the principal of the college or institution shall be one the procedure for appointment of members of the governing body and other matters affecting the management of a college or an institution shall be prescribed by the ordinances:provided that the said condition shall not apply in the case of colleges and institutions maintained by government which shall, however, have an advisory committee consisting of not more than fifteen persons which shall consist of among others, three teachers including the principal of the college or institution, and two teachers of the university nominated by the executive council(ii) every such college or institution shall satisfy the executive council and the college development council on the following matters, namely:—(a) the suitability and adequacy of its accommodation and equipment for teaching;(b) the qualifications and adequacy of its teaching staff and the conditions of their service;(c) the arrangements for the residence, welfare, discipline and supervision of students;(d) the adequacy of financial provision made for the continued maintenance of the college or institution; and(e) such other matters as are essential for the maintenance of the standards of university education(iii) no college or institution shall be admitted to any privileges of the university except on the recommendation of the academic council made after considering the report of a committee of inspection appointed for the purpose by the academic council(iv) colleges and institutions desirous of admission to any privileges of the university shall be required to intimate their intension to do so in writing so as to reach the registrar not later than the 15th august, preceding the year from which permission applied for is to have effect(v) a college or an institution shall not, without the previous permission of the executive council, college development council and the academic council, suspend instruction in any subject or course of study which it is authorised to teach and teaches (2) appointment to the teaching staff and principal of colleges or institutions admitted to the privileges of the university shall be made in the manner prescribed by the ordinances:provided that nothing in this clause shall apply to colleges and institutions maintained by government(3) the service conditions of the administrative and other non-academic staff of every college or institution referred to in clause (2) shall be such as may be laid down in the ordinances:provided that nothing in this clause shall apply to colleges and institutions maintained by government(4) every college or institution admitted to the privileges of the university shall be inspected at least once in every two academic years by a committee appointed by the academic council, and the report of the committee shall be submitted to the academic council, which shall forward the same to the college development council and executive council with such recommendations as it may deem fit to make(5) the college development council and the executive council, after considering the report and the recommendations, if any, of the academic council, shall forward a copy of the report to the governing body of the college or institution with such remarks, if any, as they may deem fit for suitable action(6) the executive council may, after consulting the college development council and academic council, withdraw any privileges granted to a college or an institution, at any time it considers that the college or institution does not satisfy any of the conditions on the fulfilment of which the college or institution was admitted to such privileges:provided that before any privileges are so withdrawn, the governing body of the college or institution concerned shall be given an opportunity to represent to the executive council as to why such action should not be taken(7) subject to the conditions set forth in clause (1), the ordinances may prescribe—(i) such other conditions as may be considered necessary; and (ii) the procedure for the admission of colleges and institutions to the privileges of the university and for the withdrawal of those privilegesconvocations32 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 meetings33 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 meetingresignation34 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 registrardisqualifications35 (1) a person shall be disqualified for being chosen as, and for being, a member ofany 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 moralturpitude 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 ofthe disqualifications mentioned in clause (1), the question shall be referred to the visitorand his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision36 notwithstanding anything contained in the statutes, a person who is not ordinarilyresident 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 office membership of authorities by virtue of membership of other bodies37 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 be38 (1) there shall be an alumni association for the universityalumni association(2) the subscription for membership of the alumni association shall be prescribedby 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 shallnot apply in the case of the first electionstudents' council39 (1) there shall be constituted in the university, a students' council for everyacademic 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 made40 (1) the first ordinances made under sub-section (2) of section 31 may be amended, repealed or added to at any time by the executive council in the manner specified in the following clauses(2) no ordinance in respect of the matters enumerated in sub-section (1) of section 31shall 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 objection to 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 finalregulations41 (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 theordinances to be prescribed by regulations;(iii) providing for all other matters solely concerning such authorities orcommittees 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 meetings 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 powers42 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 tripura university was established by the tripura university act, 1987 enacted by the tripura legislative assembly, but the government of tripura, with its limited resources, is not in a position to provide adequate funding for development of the university besides, existence of a good number of central universities in other states of the north-eastern region, with their better infrastructure and academic facilities, tends to create huge imbalances in the educational facilities within the region with far-reaching consequences2 it is, therefore, felt expedient to convert the tripura university into a central university to ensure its accelerated development and to minimize the imbalance in the educational facilities available in the north-eastern region3 the bill seeks to achieve the above objectives new delhi;arjun singhthe 6th july, 2006 financial memorandumclause 3(1) of the bill provides for establishment of a university in the state of tripura as a body corporate by the name of the tripura university the financial requirement of the university is estimated at rs3827 crore (non-recurring) and rs982 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 30 of the tripura university bill (hereinafter referred to as 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 statues 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 such other matters2 sub-clause (2) of clause 31 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 such other matters3 clause 32 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 45 empowers the central government, by order, to remove certain difficulties, which may appear to be necessary or expedient for removing the difficulty however, 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 46 provides that every statute, ordinance or regulation shall be published in the official gazette and every 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 power is, therefore, of a normal character———— a billto establish and incorporate a teaching and affiliating university in the state of tripura and to provide for matters connected therewith or incidental thereto————(shri arjun singh, minister of human resource development)mgipmrnd—1577rs(s-3)—25-07-2006the tripura university bill, 2006————arrangement of clauses————clauses1short title and commencement2definitions3establishment of the university4effect of establishment of the university5objects of the university6powers of university7jurisdiction8university open to all classes, castes and creed9the visitor10the chief rector11officers of the university12the chancellor13the vice-chancellor14the pro-vice chancellor15the deans of faculties16the registrar17the finance officer18the controller of examinations19the librarian20other officers21authorities of the university22the court23the executive council24the academic council25the college development council26the boards of studies27the finance committee28other authorities of the university29powers to make statutes30statutes, how made31power to make ordinances32regulations33annual report34annual accounts35returns and information36conditions of service of employees37procedure of appeal and arbitration in disciplinary cases against students38right to appeal39provident and pension funds40disputes as to constitution of authorities and bodies41filling of casual vacancies42proceedings of authorities or bodies not invalidated by vacancies43protection of action taken in good faith44mode of proof of university record45power to remove difficulties46statutes, ordinances and regulations to be published in the official gazette and to be laid before parliament47transitional provisions48repeal of tripura act 11 of 1987 the schedule

Parliament_bills

fbad8d29-8329-5513-bede-f357404b8667

bill no xxxv of 2012 the population stabilization bill, 2012 a billto provide for promotion of family planning measures by the central and stategovernments for population stabilization in the country through various incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and 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 population stabilization act, 2012(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date, as the central government may, by notificationin the official gazette, appointdefinitions2 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) "prescribed" means prescribed by rules made under this act; and (c) "small family" means family having one child3 notwithstanding anything contained in the constitution of india or any other law for the time being in force, it is hereby declared that the provisions of this act are for the purposes of giving effect to the policies of the state towards securing the principles laid down in article 38 of the constitution of indiagiving effect to the policies of the states as laid in article 38 of the constitution of india5formulation of comprehensive population policy4 the central government shall, as soon as may be, by notification in the official gazette, formulate a new comprehensive population policy particularly for the purposes of having one child norm for the eligible couples and other issues including economic, educational, legal medical, social and other incidental aspect to promote small family norms so as to effectively control the booming population of the country in order to achieve rapid economic progress and raise the standard of living of the masses105 notwithstanding anything contained in any other law for the time being in force, the employee of the central government or of a public sector enterprise under the control of central government who adopts small family norm undergoing sterilization operation himself or of the spouse after the birth of his first child shall be given:—facilities to government employees who adopts small family norm15(a) one year additional salary with all allowances along with two additional increments as incentives;(b) plot or house site or built house from housing board or development authority of the government at subsidized rates;(c) loan for construction or purchasing the house from banks or financial institutions on nominal rate of interest;20(d) free healthcare facilities; (e) free educational facilities to the child with vocational training and professional courses wherever necessary; and(f) such other benefits and incentives as may be prescribed256 the incentives and benefits referred to in section 5 shall be extended mutatis mutandis to the general public in the manner provided thereinextension of benefits to general public7 whoever in contravention of small family norm procreates more than one child, shall lose the incentives and benefits provided in this act and in addition thereto shall,—(a) be denied the subsidies in matters of loans extended to him;loss of benefits whoever contravenes small family norm(b) not be eligible to get the benefits of public distribution system;30(c) not be given any loan by any bank or financial institution; and (d) not be entitled for such other facilities as may be prescribed 8 any women having one living child shall not be provided with maternity facilities in any government hospital, dispensary, health centre or medical centre for the birth of her second child:35no maternity benefits to be given for those having more than one living childrenmiscellaneous provisions40provided that if, such women agrees to undergo sterilization operation after the birth of her second child then she shall be provided with the requisite maternity facilities forth with9 (1) notwithstanding anything contained in any of the election laws for the time being in force, a citizen shall be disqualified for being chosen as a member of either house of parliament or of the legislature of a state or of any body of the local self government, if that citizen has more than two living children:45provided that this provision shall not apply in case of a citizen having more than two living children on or before the date of commencement of this act(2) notwithstanding anything contained in any other law for the time being in force, no marriage shall be solemnized between a male who is less than twenty-five years of age and a female who is less than twenty-two years of age(3) every serving government employee and those who will join any government service shall give an undertaking that he shall not procreate more than one child:5provided that this provision shall not apply to those government employees who have more than the prescribed number of living children on or before the date of commencement of this act10 whoever contravenes,—penalty(a) the provisions of sub-section (2) of section 9 shall commit cognizable offence and shall be punishable with simple imprisonment for a term which shall not be less than two years but may extend to four years and also with a fine, which may extend to two lakh rupees10(b) the provisions of sub-section (3) of section 9 shall forfeit his right to promotion and shall not be eligible for any further increment till he is in government service11 the appropriate government shall,—duties of the government(a) implement the revised national population policy to achieve the goals enumerated therein;15(b) set up maternity hospitals and centers in sufficient numbers at conspicuous places;(c) distribute contraceptive pills, condoms through healthcare centres and non-governmental organisations;(d) organize sterilization camps from time to time; (e) distribute iron and vitamin capsules and tablets amongst the expecting mothers;20(f) give wide publicity to the benefits of having small families; and(g) undertake such other measures as it may deem fit and expedient for the purposes of this act 12 the central government shall after due appropriation made by law by parliament in this behalf, provide requisite funds for carrying out the purposes of this act from time to time25central government to provide fundspower to remove difficulty13 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 may appears to it to be necessary or expedient for the removal of the difficultyoverriding effect3014 the provisions of this act and of any rules and orders made thereunder shall have effect notwithstanding any thing inconsistent therewith contained in any other law for the time being in forcesavings15 the provisions of this act shall be in addition to and not, save as otherwise expressly provided in this act, in derogation of any other law for the time being in force in any part of this country35power to make rules16 the central government may be notification in official gazette make rules for carrying out the purposes of this act statement of objects and reasonsindia is the second most populous country after china with largest birth rate in the world china's annual rate of population growth has been 06 per cent, against india's 14 per cent our population is around 13 billion, and is increasing every moment around 2030, india will become the most populous country on the earth—with a population of 16 billion by 2050 our global land area is 24 per cent, but we have more than sixteen per cent of the global population making it the most densely populated nation of the world this scenario is compelling as half the population lives in slums and under squalid conditions this has caused over crowding due to which law and order situation also is deteriorating unemployment is rising rapidly causing frustration amongst the unemployed, particularly the youth who are being lured by anti-national and anti-social elements there is unparallel transformation of human values, social institutions and economic structures agriculture land holdings are becoming smaller and smaller and uneconomical and farmers are committing suicides due to this fact the housing needs are far beyond the available finances and the shortage is appalling educational facilities are becoming hoplessly poor overcrowding is also causing environmental degradation jungles are vanishing for fuel, construction, furniture and for funeral purposes which has resulted water shortage and less rain and increased carbon-dioxide in the environment resulting in harmful diseases the healthcare facilities are far from satisfactory and if, the population is not stabilised, we can hardly expect to achieve quality life and the situation will become from bad to worseit is, therefore, imperative that effective steps must be taken to check the increasing population a clear message must go across the nations that since our resources are limited, we have to opt for smaller families it is very unfortunate that despite availability of various birth control measures and several family planning programmes, the population continues to rise menacingly this bill is a step towards population stabilization in the countryhence this billshadi lal batra financial memorandumclause 5 of the bill provides certain benefits to government employees who adopt small family norm clause 6 provides for extension of benefits to general public who adopt small family norm clause 12 lays down that central government shall provide requisite funds from time to time for carrying out the purposes of the bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india the bill, therefore, will involve an annual recurring expenditure of about rupees one hundred crore out of the consolidated fund of india a non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 16 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 only the delegation of legislative power is of normal character———— a billto provide for the promotion of family planning measures by the central and state governmentsfor population stabilization in the country through various incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and incidental thereto————(shri shadi lal batra, mp)

Parliament_bills

f41778c5-ed84-501a-9e52-fe6ce140303b

the all-india services (amendment) bill, 1958(as introduced in lok sabha) tile all-india services (amendment) bill, 1958 (as introduced in lolt sabra) a billto amend the all-india services act, 1951 be it enacted by parliament in the ninth year of the republic of india as follows:-1 this act may be called the all-india services (amendment) short title act, 1958 s 2 in sub-section (1) of section 3 of the all-india services act, amen~ment 1951, after the words "the states concerned", the words "mcluding of section 3· the state of jammu and kashmir" shall be inserted statement of objects and reasonsthe government of jammu and kashmir have agreed to participate in the scheme of all-india services and this has necessitated the constitution of the indian administrative service and indian police service cadres in that state section 3 of the all-india services act, 1951, empowers the central government, in consultation with the states concerned, to make rules for the regulation of recruitment, etc, to an all-india service the object of this bill is to make it clear that the expression "states concerned" in that act includes the state of jammu ana kashmir b n datar· new delhi; the 6th m41i, 1958 annexure extract from the all-india services act, 1951(61 of 1951) - - - - - 3 (1) the central government may, after consultation with the rfegulati~td - 0 recrw-governments of the states concerned, iieke rules for the regulation ment and of recruitment, and the conditions of service of persons appointed, o~nditvtic;m - - be ice to an all-india service - - - - - a bill to amend the all-india services act, 19si (shri b n datat', minister of state in the min;stry of home adairs)

Parliament_bills

12386770-231e-5bb5-bddf-c6a431b67c67

rhe itajghat samadhi (amend- ment) bill, 1958 ·(as introbuced in ~ sabra) tile rajghat samadhi (amendment) bill, 1958 (as introduced in lok sabha) a billto amend the rajghat samadhi act, 1951 be it enacted by parliament in the ninth year of the republic of india as follows:-1 (1) this act may be called the rajghat samadhi (amend- short title ment) act, 1958 ~:nce~~~; 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in section 4 of the rajghat samadhi act, 1951 (hereinafter amendment rreferred to as the principal act),-or o~'1ion 4· \ (a) in sub-section (1),-10 (i) for clause (a), the following clause shall be substituted, namely:-"(a) the mayor of the municipal corporation of delhi, ex-otjicio;"; (ii) for clauses (c) and (d), the following clauses shall 15 be substituted, namely:- (c) four non-officials nominated by the central government; (d) three members of parliament of whom two ball be elected from among themselves by members of the house of the people and one from among themselves by members of the council of states"; i (b) after sub-section (3), the following sub-section shall be ~ inserted, namely:-io ' (4) the term of office of a member elected under clause (d) of sub-section (1) shall come to an end as soon as he ceases to be a member of the house from which be was elected" 3 any member of parliament nominated by the speaker under clause (d) of sub-section (/) of section 4 of the principal act and holding office as a member of the rejghat samadhi committee immediately before the commencement of this act shall cease to hold the said office on such c:ommencernent 15 membus of paruamedt aomluated to the committet by the speaker to c:e/&lle to bold oftl~e statement of objects and reasonswith a view to ensuring proper maintenance, preservation and administration of the rajghat samadhi, built in the memory of mahatma gandhi, the rajghat samadhi act, 1951 (41 of 1951) was passed by parliament, and a committee, consisting of three officials three non-officials, two members of parliament, and the president, new delhi municipal committee as an ex officio member, was constituted under this act ' section 4(1) (d) of the act provides that there shall be on the committee two members of parliament to be nominated by the speoaker it is desirable that the representatives of parliament, instead of being nominated, should be elected by the two houses in order to conform to the existing convention of parliamentary representation on statutory committees in the ratio of 2: 1 for the house of the people and the council of states, the number of representatives of parliament on the committee is pro posed to be increased from two to three as this would raise the strength of the committee to an even number (ten), it is proposed to increase the non-official representation also by one the existing act contains no provision for determining the tenure of members of parliament serving on the committee it is, therefore, proposed to specify that the members of parliament, elected on this committee, shall serve on i:1e committee only 1:;0 long as they continue to be members of parliament upon the establishment of the corporation of delhi, the samadhi has been transferred from the jurisdiction of the new delhi municipal committee to that of the corporation it is, therefore, proposed that the ex-officio member of the committee shall be the mayor of the corporation instead of the president of the new delhi municipal committee, as at present it is proposed to amend section 4 of the rajghat samadhi act, 1951 (41 of 1951) accordingly k c reddy new delhi; the 2nd may, 1958 annexure extract from the rajghat samadhi act, 1951 (41 of 1951) - • - • •4 (1) the committee shall consist of the following members compo5ition namely:-~i~~/:om-(a) the president of the municipal committee within the local limits of whose jurisdiction the samadhi is situated, ex-otjicio; (b) three officials nominated by the central government; (c) three non-officials nominated by the central government; (d) two members of parliament nominated by the speaker (2) the central government may appoint any person referred to in subo-section (j) or any other person to be the chairman of the committee, and if any other person is so appointed, he shall be deemed to be a member of the committee within the meaning of sub-section (1) - - - - - (3)' all persons nominated by the central government to be members of the committee shall hold office during the pleasure of the central government __ r a bill - to amend the rajghat samadhi act, i95t t _ (shri k c reddy, minister of works, housi1tf ana supp~'y~\

Parliament_bills

cd222a9f-d78c-5179-a740-f71070b2b728

financial memorandumclause 4 of the bill provides for division of districts of an administrative unit it is likely that some districts may have to be formed, the bill therefore will involve expenditure from the consolidated fund of india in respect of infrastructure and other facilities for districts to be newly formed in respect of union territories moreover, there is a provision of delimitation of territorial constituencies of legislative assemblies it is likely that an annual recurring expenditure of about tupees one hundred may be involved, a non-recurring expenditure of about tupees two hundred crore may also be involved annexure extract from the constitution of india composition 81 (2) of the house of the people (2) for the purpose of sub-clause (a) of clause (1),— (b) each state shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the state composition 170 (1) > ba of legislative assemblies(2) for the purposes of clause (1), each state shall be divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the state

Parliament_bills

3d64b450-8dfd-5d94-aa29-e62e74f89b94

bill no 14 of 2007 the farmers welfare fund bill, 2007 by shri adhalrao shivaji patil, mp a billto provide for the constitution of farmers welfare fund 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 farmers welfare fund act, 2007short title and extent (2) it extends to the whole of indiadefinitions52 in this act, unless the context otherwise requires,—(i) "farmer" means any person engaged in agriculture and whose landholdingdoes not exceed five acres of land;(ii) "fund" means farmers welfare fund constituted under section (3) of thisact; and10(iii) "prescribed" means prescribed by rules made under this actfarmers welfare fund3 (1) the central government shall constitute a fund to be known as the farmers welfare fund(2) the central government and the state governments shall contribute to the fund in such proportion as may be prescribed5(3) such other sums as may be received by way of donation, contribution or assistance or otherwise shall also be credited to the fund4 (1) the central government shall set up a farmers welfare board for the purpose of administering the fundfarmers welfare board for administering the fund(2) the board shall consist of—(i) a chairperson, to be appointed by the central government;10(ii) one representative each of the union ministries of power, water resources,new and renewable energy, rural development and finance;(iii) one representative of the planning commission;(iv) one representative of every state government;(v) three members representing the agro-based commerce and industry sector;15(vi) one representative of the farmers; and(vii) the secretary of the union ministry of agriculture who shall be ex-officio secretary to the board20(3) the conditions of service, salaries and allowances of chairperson and other members of the board shall be such as may be prescribed(4) the board shall have such number of officers and staff as required for its efficient functioningduties of the board5 (1) it shall be the duty of the board to formulate policies and guidelines regarding welfare of the farmers(2) the board shall utilize the fund for the following purposes:—25(i) free education to the children of farmers;(ii) free medical facilities for farmers and their families;(iii) payment of disability allowance to farmers for injuries leading todisability sustained at work;(iv) life insurance cover to the farmers;30(v) compensation to the farmers or their families, as the case may be, in caseof accidents resulting in permanent disability or death;(vi) payment of old age pension to the farmers; (vii) payment of subsistence allowance to the farmers during off-season; and35(viii) financial assistance to the farmers at the time of marriage of theirchildren, particularly daughterssurvey of farmers406 (1) every state government and the union territory administration, shall conduct a district-wise survey, in such manner and with such details, as may be prescribed, of all farmers within their respective jurisdictions and cause the same to be published in such manner and form, as may be prescribed(2) any complaint or objection relating to inclusion or omission of name of any farmer shall be addressed to the district magistrate concerned who shall, after due inquiry, decide upon the rectification of the records7 (1) every bank and financial institution shall extend loans to farmers, whether for farming or personal needs, without seeking any mortgage or guarantee or putting any other conditionbanks to give loans to farmers without any guarantee5(2) the rate of interest charged on such loans shall not exceed four per cent simple interest per annum:provided that the rate of interest shall not be increased before five years from the commencement of this act and any subsequent increase in the rate of interest shall also not be made before a lapse of five yearspower to make rules108 the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act statement of objects and reasonseven though farmers and agriculture form the backbone of our economy, it is surprising that government does not have any proper policy for the welfare of farmers as well as their family members the condition of farmers who own small holding of land is even worse there are a few welfare schemes in existence but these have not resulted in any noticeable improvement in their living conditions there is no institutional arrangement to meet their credit needs for that, they have to depend upon the local bankers and mahajans who charge exorbitant rates of interest once in debt, it becomes very difficult for them to come out of this debt trap in some parts of the country, farmers are committing suicide as they are neck deep in debt if this trend is not reversed soon, it can be easily imagined what is going to happen it may also threaten the food security which we have attained after a lot of strugglethere is need for providing a net of social security for them banks and financial institutions should also provide loans to the farmers at low rates and without stringent conditions with regard to guarantee and mortgagethe bill seeks to achieve the above objectivesnew delhi;adhalrao shivaji patilnovember 8, 2006 financial memorandumclause 3 of the bill provides for the setting up of a farmers welfare fund to which the central and state governments shall contribute in such proportion as may be prescribed clause 4 provides for the formation of a board to manage the fund clause 5 provides for the utilisation of fund for welfare measures of the farmers clause 6 provides for district-wise survey of all the farmers covered by the provisions of the bill the expenditure relating to states shall be brone out of the consolidated funds of the respective states however, the expenditure in respect of union territories shall be borne out of the consolidated fund of indiathe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees twenty thousand crores will be involveda non-recurring expenditure of about rupees twenty-five thousand crores would also 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 power is of a normal character lok sabha———— a billto provide for the constitution of farmers welfare fund and for matters connected therewith or incidental thereto————(shri adhalrao shivaji patil, mp)mgipmrnd—217ls(s-2)—14022007

Parliament_bills

e3a3ffd9-d4e1-5882-89d8-92d4a19984cd

(ab) the manner in which and the period within which the amount received from the owner is required to be remitted by the insurer under sub-section (2d) of section;"; (©) in sub-section (3), for the word "tule", wherever it occurs, the words "rule or scheme" shal) be substituted, repeal 8 (1) the public liability insurance (amendment) ordinance, and 1992 is hereby repealed | saving under the principal act, as amended by the said ordinance, shal] be deemed to have been done or taken under the principal act, as amended 10 statement of objects and reasonsthe public liability insurance act, 1991 was enacted with the object of providing immediate relief to the victims of accidents that might occur while handling hazardous substances the owner who has control over handling hazardous substances is required under the act to pay specified amounts to the victims as interim relief based on no fault lia~ bility it is mandatory for every owner handling hazardous substances to take out insurance policies for the purpose % the aforesaid act could not, however, be implemented on account of the insurance companies not agreeing to give insurance policies for unlimited liability of the owners it was, therefore, felt that the liability of the insurance companies should be limited to the amount of the insurance policy, though the owner's liability shall continue to be unlimited under the act it was considered appropriate to create an environmental relief fund with the additional money collected from the owners having contro] over handling of hazardous substances this fund would be used to meet the requirement of providing immediate relief to the victims the minimum and maximum limits of the insurance amount in an insurance policy also needed to be specified for ensuring payment of adequate relief certain definitions were also to be suitably modified to make the meaning more explicit it was felt necessary to prevent any transfer of property by the owner in case he intended to do so for evading his liability to pay compensation 7 3 to achiéve the above objective, the public liability insurance (amendment) ordinance, 1992, was promulgated by the president on blst january, 1992 as the owners handling hazardous substances had to take insurance policies by 31st march, 1992 4, the bill seeks to replace the said ordinance and to achieve the aforesaid objects t new delhi; kamal nath the 17th february, 1992 t gt ae memorandum regarding delegated legislationclause 5 of the bill seeks to empower the central government to make a scheme with respect to the environmental relief fund 2 clause 7 empowers the central government to prescribe the maximum amount of an insurance policy, the amount required ta be paid by an owner to the relief fund and the manner in which and the period within which the money as collected is to be remitted to the relief fund by the insurer, 3 the matters in respect of which the central government has been empowered to make a scheme and ru'es relate to matters of procedure and detail the delegation of legislative power 'is, therefore, of a normal character, ; p annexure extracts from the puptic liapmity insurance act, 1991 (6 of 1991)| » | | | | a | | ||------|------|------|------|------|------|2 in this act, unless the context otherwise requires,— definitions (a) "accident" means an accident or incident occurring while handling any hazardcus substance; ° (g) "owner" means a person who has control over handling any hazardous substance; a cd re (1) oe = award of relief, (3) when an award is made under this section, the owner or the insurer, as the case may be, who is required to pay any amount in terms of such award shall, within thirty days of the date of announcement of the award, deposit the entire amount so awarded in such manner as the collector may direct s 44, (1), whoever contravenes any of the provisions of sub-section (1) or sub-section (2) of section 4 or fails to comply with any direction jssued under section 12, shall be punishable with imprisonment for a term which shal] not be less than one year and six months but which may extend to six years, or with fine which shall not be less than one lakh rupees, or with both | | 2 2 = penalty for contravention of subsection (1) or subsection (2) of section 4or failure to comply with directions under section 12, 23 (1) z power to make tules(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) | establishment | and | maintenance | of | fund | under | sub-section ||--------|------------------|--------|----------------|-------|---------|----------|----------------|(3) of section 4; { | | | | | ||------|------|------|------|------|(3) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one or both houses agree that the rule should not be made, the rule shali 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,

Parliament_bills

504fabd2-d233-504d-9059-819efaec118a

the states reorganisation (amendment) bill, 1956(as introduced in lok sabha) bill, 1956 (as introduced in lok sabha) a billto amend the states reorganisation act, 1956 be it enacted by parliament in the seventh year of the republic of india as follows:-1 (1) this act may be called the states reorganisation (amend- short dtle ment) act 1956 and comm-, encement s (2) it shall be deemed to have come into force on the 1st day of november, 1956 2 in sub-section (3) of section 35 of the states reorganisation amendment act 1956-' of section 35 , 37 of i956 10 (a) the words and brackets "and such two of the six sitting members representing the madras (graduates) constituency" shall be omitted; and is (b) after the words "cease to be members of the said council", the words and brackets "and such two of the six sitting members representing the madras (graduates) constituency as shall be determined by the governor, by drawing lots, shall also cease to be members of the said council and shall be deemed to have ceased to be such members on the appointed day" shall be inserted statement of objects and reasonssub-section (3) of section 35 of the states reorganisation act, 1956, provides inter alia that such two of the six sitting members of the madras legislative council representing the madras (graduates) constituency as the chairman shall by order specify shall, on the appointed day, cease to be members of that council the high court of madras in a judgment delivered on the 5th november, 1956, has held that the vesting of such a power in the chairman, who is himself one of the group, offends against article 14 of the constitution and is void and inoperative in order that the legislative council may be constituted in accordance with the provisions of sub-section (1) of the said section 85, it is n~cessary to provide some other method for tile "erwinanon of "the two surplus members it is accordingly proposed in this bill to amend sub-seetion (3) empowering the governor of madras to determine by drawing lots which two members should be deemed to have gone out of the legislative council on the 1st november, 1956 h v pataskar new delhi, the isth november, 1956 annexure extract from the states reorganisation act, 1956 (37 of 1956) - • - •35 (1) - - - - (3) the two sitting members of the said council representing the west coast (local authorities) constituency and such two of the six sitting members representing the madras (graduates) consti-tuency, and such two of the eighteen sitting members elected by the members of the legislative assembly, as the chairman of the said council shall by order specify shall, on the appointed day, cease to be members of the said council a bill to amend the states reorganisation act, 1956 (shri h v pataskar, minister oj legal affairs) glpd-ls i ns-18i7 ls-is-u-s6-i7s0

Parliament_bills

678e024b-db59-5559-b1b1-6510ce661aa5

the kerala state legislature (delegation of powers) bill, 1959(as introducbd in lob: sabra on 20m november, 1959) the kerala state legislature (delegation of powers) bill, 1959(as introduced in lok sabha) a , " billto confer on the president the power of the legislature of the state of kerala to make laws be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the kerala state legislature (delegation short title of powers) act, 1959 5 2 in this act, "proclamation" means the proclamation issued on the definition 31st day of july, 1959, by the president under article 356 of the constitution 3 (1) the power of the legislature of the state of kerala to make conferment laws, which has been declared by the proclamation to be exercisable ~~~~~ o~~he 10 by or under the authority of parliament, is hereby conferred on the power of the p 'd state legisresl ent ' lature to make ilw'i (2) in the exercise of the said power, the president may, from time to time, whether parliament is or is not in session, enact as a president's act a bill containing such provisions as he considers necessary is provided that before enacting any such act, the president shall, whenever he considers it practicable to do so, consult a committee constituted far the purpose, consisting of,-(a) thirty members of the house of the people nominated by the speaker among whom shall be included all members who for the time being fill the seats allotted to the state of kerala in that house; and (b) fifteen members of the council of states nominated by the chairman among whom shall be included all members who for the time being fill the seats allotted to the state of kerala s in that house (3) every act enacted by the president under sub-section (2) shall, as soon as may be after enactment, be laid before each house of parliament (4) either house 0£ partiament may, by resolution passed within 10 seven days from the date on which the act has been laid before it under sub-section (3), direet any modifications to be made in the act, and, if the modifications are agreed to by the other house of parliament during the session in which the act has been so laid before it or the session succeeding, such modifications shall be given effect to is by the president by enacting an amending act under sub-section (2): provided that nothing in this sub-section shall affect the validity of the act or of any action taken thereunder before it is sa amended statement of objects and reasonsunder the proclamation of the president dated the 31st july, 1959, the powers of the legislature of the kerala state are now exercisable by or under the authority of parliament such legislative measures as may be necessary for the state can be taken up by parliament only by postponing its business and even then, it tis likely that parliament may not have the time to deal with all legislative measures for the state it is therefore, proposed that parliament should, in accordance with the provisions of article 357 (1) of the constitution, confer by law on the president the power of the legislature of the state of kerala to make laws for the state the present bill is intended to give effect to this proposal new delhi; g b pant the 16th novembet, 1959 a billto confer on the president the power of the legislature of the state of kerala to make laws (shri govind val/abh pant, minister of home affairs)

Parliament_bills

29bbaa13-b718-51dd-a1f8-f179bff0f120

statement of objects and reaso!chore of shige eb our say are ee in stums and jh slums and tea lasers: the aoe vs pe delhi, saps madras and calcutta and ae se big cities eo esau which is meant for ane ininiortast purposes their leavened is necessary in gace interest hence this bill new delht; november 22, 2000 re) financial memorandumclause 4 of the bill provides that competent authority shall carry out works of improvement in slums and jhuggi-jhopri clusters clause 5 provides for health care facilities in slums the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of five hundred crore rupees will involve as recurring expenditure per annum a sum of rupees one hundred crore will also involve as non-recurring expenditure memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for the purposes of this bill the rules will relate to matters of detail only the delegation of legislative power is of anormal character

Parliament_bills

e7f93053-8b54-5e61-acc4-510cad37a3f2

explanation: relaxation of marks in favour of students/candidates belongingto scheduled castes and scheduled tribes shall be only for admission into the course of study or faculty and there shall be no relaxation of marks for qualifying examination for degree course (4) every student belonging to a scheduled caste or a scheduled tribe shall be paid travelling allowance for attending interviews for admission in any course protection of 8 no suit prosecution or other legal proceedings shall lie against any educational institution or head of the institution, for anything done in good faith the action taken in good faith in implementation of the provisions of this act or rules made thereunder or in operation liaison officer 9 every director of school education (secondary education/intermediate board/higher education etc) by whatever name be called or an officer of the appropriate government who has ultimate supervisory jurisdiction over the concerned educational institution shall nominate such number of officer or officers not below the rank of district/deputy education officer to ensure proper implementation of this act, who shall, in particular, be responsible for— (i) proper and full implementation of this act and rules made thereunder or existing order, instructions or directions issued by the appropriate government; 20) (ii) making the annual inspection of the records of the educational institutions in such a manner as may be prescribed or as is in vogue; (iii) to do such other incidental work as may be necessary for effective implementation of this act or rules made under this act or in force not inconsistent with this act or the rules made thereunder; 25 (iv) scrutinising annual reports received from each educational institution and submit recommendations thereon to the appropriate government 10 (/) every educational institution shall maintain such records as may be prescribed and shall furnish in every academic year to the appropriate government 30in such manner and within such time as may be prescribed duty of the head of the educational institution (2) every educational institution shall submit an annual report on the admission of the students/candidates belonging to the scheduled castes and the scheduled tribes made in the educational institution or under its control to the concerned district educational officer (3) it shall be the duty of the head/incharge of the educational institution to make available such records or documents in particular of false claim of caste status and action taken thereon and the result thereof, shortfall of reserved seats for inspection by the liaison officer or the district education officer and furnish such information or arrange such assistance as may be necessary for him to carry out his functions under this act report 11 (j) the appropriate government shall submit periodically, to the central government, and to the legislature of the state, every year the consolidated report of the students admitted in higher education, false claims of social status detected and the result of the action taken; (2) the report shall also contain the number of unfilled seats and those filled with general category candidates, with reasons therefor; (3) the report shall be caused to be laid on the table of both the houses of parliament/legislature of the state by the appropriate government 12 whoever responsible for implementation of any provision of this act or tules made under this act or in vogue, has been found contravened or failed to implement the same or rules made by the appropriate government under this act or are in operation shall-be punished with imprisonment which may extend upto six months and with fine of not less than rupees three thousand or with both: provided that nothing in this section shall render any person liable to punishment, if he proves that he had made every bona fide endeavour or exercised utmost care, attention and diligence to implement the provision of the act and rules made under the act or are in force 10 13 (1) whosoever knowingly makes a false claim that he is a member of a scheduled caste or a scheduled tribe, as the case may be, and whosoever charged with the responsibility of issuing a caste certificate, knowingly issues a false caste certificate or knowingly attests an affidavit and subsequently it is proved that the person does not belong to a scheduled caste or a scheduled tribe, shall be punished with imprisonment of not less than one year and fine which may extend upto rupees ten thousand (2) whenever any question arises whether the caste certificate is correct and genuine the burden of proof that the contents of the affidavit/caste certificate is not false to his knowledge, shall lie on the accused/certificate issuing authority 20 (3) the conviction under sub-section (2) of this section shall disqualify the person for future admission in any other educational institution or appointment in any establishment under the appropriate government with status as scheduled castes/scheduled tribe and the accused shall not be eligible to contest an election to the house of the people or legislative assembly of a state and the provision of 95125 the representation of the people act, 1951 shall be deemed to have been amended accordingly 1976 14 the notification issued by the president of india under article 341 (1) or 342 (1) of the constitution of india or as amended by scheduled castes and scheduled tribes orders (amendment) act, 1976 of the social status of the caste or sub-caste/tribe shall be conclusive proof of the caste/sub-caste/tribe/sub-tribe 30 15 (/) no prosecution for an offence under this act shall be maintained against an officer except by, or with sanction of, the appropriate government 974 35 (2) the appropriate government shall consult the national commission for scheduled castes and scheduled tribes before grant of sanction under section 197 of code of criminal procedure, 1973 and the advice tendered by it shall be binding on the government (3) no court shall take cognizane of an offence punishable under this act save on a complaint by the aggrieved person or on a report by a competent police officer or except as pgovided under sub-section (1) 40 (4)no court, inferior to that of a metropolitan or a judicial magistrate of the first class, shall try an offence punishable under this act (5) an offence under the act shall be non-bailable 16 every educational institution shall be bound by the act and rules made under this act or existing rules, not contrary to or inconsistent with the provisions 45 of this act or as the central government may, by general or special order, in writing from time to time, to give effect to the provisions of this act 17 all rules made by the government of india or the concerned state government or the union territory or local body regulating the implementation of the reservation of seats for admission in the educational penalty - for contravention of provisions of the act penalty for false claims or issue of false social certificate proof of castes cognizance of the offence by courts power of central government to give directions effect and extent of the operation of existing rulesinstitutions under its control to safeguard the interests of the scheduled castes and the scheduled tribes, before the commencement of this act and which are not inconsistent with the provisions of this act or rules made thereunder shall be in force act to have over-riding effect 18 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law, order, judgement or decree of any court, tribunal or authority for the time being in force or any instrument having effect by virtue of any law removal of difficulties 19 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order to be published in the official gazette, make such provisions for removing any difficulty (2) every instruction or direction or order made under sub-section (1) shall, soon after it is made, be laid before each house of parliament annual 20 the central government shall lay a report every year giving full detail report to be of the implementation of the act during the preceding year before each house of 15 the parliament laid in parliament power to make 21 (1) the central government may, by notification in the official gatules zette, make rules for carrying out the provisions of this act (2) in particular, and without prejudice to the generality of the foregoing, such rules may provide for all or any of the following matters, namely,— 20 (a) the percentage of seats to be reserved for admission in educational institutions for the scheduled castes and the scheduled tribes consistent with the percentage of population in the latest census; (b) guidelines for identifying educational institutions which are not already covered under section 2(d) for inciusion therein; 25 (c) relaxation of upper age limit or percentage of qualifying marks for admission into educational institutions/courses of study or faculty wherever reservation for admissison is made; (d) exemption from payment of application fee or relaxation thereof; 30 (e) authority to determine the travelling allowance payable,, if any, for attending the interview for admission in the educational institutions, to the candidates belonging to the scheduled castes and the scheduled tribes; (f) rank of the officer to be nominated as a liaison officer or inspection officer; (g) forms prescribed for maintaining the records and documents relating 35 to the implementation of the act; (h) the authority to sanction prosecution against the officer or officers who have contravened the provisions of the act; (i) the procedure for inquiry by the educational institutions or appellate authority against false claim of social status by any of the candidate 40(j) any other matter which is required to be or may be prescribed; (3) every rule made under this act shall be laid, as soon as may be, after it is made,, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more "successive sessions, and if, before the expiry of the session immediately fol- | lowing the session or the' successive session aforesaid, both houses agree in aking any modification in the rules or both houses agree that the rules 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 nulment shall be without prejudice to the validity of anything previously done 0 under this act or rules made thereunder schedule affidavit| son/daughter of - of village/town within the jurisdiction of ——————-—_________ - police station in - taluk/mandal "in the district/division - of the state/ union territory belong to —————_——__——_—_ community/caste/tribe which is recognised in item no, ————-—__—— - as the scheduled caste/scheduled tribe under the constitution (scheduled caste/scheduled tribe) order, 1950 as amended from time to time by the scheduled caste/scheduled tribe list modification order, 1956, the bombay reorganisation act, 1960, the punjab reorganisation act, 1966, the state of himachal pradesh act, 1970 the north-eastern areas (reorganisation), 1971 and the scheduled caste/scheduled tribe order amendment act, 1976 | ————_, son/daughter of - further state that myself and my parents ordinarily/normally reside in the said village/town and within the jurisdiction of -————— police station in ———————taluk/mandal in the district/division—— of the state/union territory | further solemnly verify and state that the facts stated above are true and correct to the best of my knowledge and belief and no part of the statement is incorrect or false signature attested by gazetted officer note: in case the candidate is son/daughter of a migrant labourer/transferee, it should further be stated in the affidavit the date of migration/transfer and the duration of stay in the migrated/transferred state in which the caste/tribe was not recognised as a scheduled caste/scheduled tribe the following are eligible to attest the affidavit: (1) district magistrate/additional district magistrate/collector, deputy commissioner/additional deputy comissioner/deputy collector/first class stipendary magistrate/sub divisional magistrate/taluk magisrate/executive magistrate/extra assistant commissisoner (2) chief presidency magistrate/additional chief presidency magistrate/ presidency magistrate (3) revenue officer not below the rank of tehsildar and (4) sub-divisional officer/mandal, revenue/development officer of the area where the candidate and/or his family normally resides statement of objects and reasonsthe constitution of india assures equality of opportunity and of status, socio-economic justice to all the citizens of the country due to practice of untouchability on the scheduled castes and people living in the inaccessible scheduled areas, they have been denied education and opportunity for higher education article 46 of the constitution imposes a duty on the state to promote with special care of the educational interest, in particular of the scheduled castes and the scheduled tribes and shall protect them from social injustice article 38 imposes duty on the state that it shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice social, economic and political shall inform all the institutions of national life and to endeavour to eliminate inequalities in status, facilities and opportunities among individuals as well as groups of people of the country article 51a(j) imposes fundamental duty on every citizen to strive towards excellence in all spheres of individual and collective activity so that the nation consistently rises to higher levels of endeavour and achievement for this purpose, special provision for the social and educational advancement of the scheduled castes and scheduled tribes, has been made it has been the policy of the government of india and the state governments to provide, in implementation of the aforesaid constitutional mandates, reservation in admission in all educational institutions in all the courses of study, faculties and disciplines to the scheduled castes and the scheduled tribes not only in humanities but in engineering, technical, medical, post-graduation, mphil, phd, super-specialities and technical courses of study so that the every scheduled caste and the scheduled tribe educated youth have opportunity to improve intellectual excellence and secure equality of status and dignity in the society in indira sawheny case, the supreme court opined that reservation in technical, super-specialities and other advanced and specialised courses of study shall not be made for the scheduled castes and scheduled tribes in another instance in dr preeti srivastava's case, the supreme court held that reservation in super-specialities in medical courses of study is not in the national interest and cannot be made and directed the medical council of india to consider whether reservation for admission in post-graduation course of study can be provided to the scheduled castes and the scheduled tribes the five judges bench of the supreme court in post-graduation centre in chandigarh case, held that clubbing of the single post in post-graduation or in super-specialities is illegal it also held that relaxation of marks with disparity of ten marks between general and reserved candidates for admission of scheduled castes and scheduled tribes to the extent of reserved seats as illegal the aforesaid judgements defeat the very object of the reservation policy, purpose and constitutional animation and deny opportunity to the scheduled castes and scheduled tribes of education and deprive them to strive towards intellectual excellence in all spheres of their educational activities and to improve their cultural advancementwith a view to effectively implementing the policy of reservation to the scheduled castes and the scheduled tribes in admission to the seats at the prescribed percentage in all courses of study and in all faculties, disciplines, professional courses etc and to relieve the hardship to the scheduled castes and the scheduled tribes from the afore-mentioned judgements, it is proposed to bring a law hence this bill new de tui; rashtrapal pravinchandra somabhai 23 december, 1999 financial memorandumno additional/fresh recurring or non-recurring expenditure is likely to involve from the consolidated fund of india since the existing concerned departments and ministries are already implementing the scheme of reservation in education memorandum regarding delegated legislationclause 21 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 the legislative power is of a normal character

Parliament_bills

06ea4180-5be2-5a17-98fd-4956844ac06b

bill no 234 of 2017 the protection of children from sexual offences (amendment) bill, 2017 by shri kalikesh narayan singh deo, mp a billfurther to amend the protection of children from sexual offences act, 2012be is 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 protection of children from sexual offences(amendment) act, 20175(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint32 of 2012amendment of section 22 in section 2 of the protection of children from sexual offences act, 2012 (hereinafter referred to as the principal acts,—(a) after clause (c), the following clause shall be inserted, namely:—10'(ca) "centre" means the one stop crisis centre set up under section38b;'; (b) after clause (d), the following clause shall be inserted, namely:—'(da) "child victim" means the child against whom the offence has been committed under this act;'; and (c) after clause (e), the following clause shall be inserted, namely:—15'(ea) "fund" means the sexually abused children rehabilitation andwelfare fund constituted under section 38f;'amendment of section 33 in section 3 of the principal act, after clause (d), the following provisos shall be inserted, namely:—''provided that the consensual sexual intercourse or any sexual act with a child in the age group of sixteen to eighteen years shall not constitute an offence:5provided further that the consensual sexual intercourse or any sexual act which causes or likely to cause any harm to the child giving the consent shall constitute an offence''amendment of section 194 in section 19 of the principal act, after sub-section (5), the following sub-section shall be inserted, namely:—102 of 201615"(5a) where the accused is a relative of the child either through blood or adoption or marriage or guardianship or in foster care or having a family relationship with a parent of the child or who is living in the same or shared household with the child against whom the offence has been committed, then, the special juvenile police unit or local police shall, after recording the reasons in writing, make immediate arrangement to admit the child into a shelter home or a child care institution registered under section 41 of the juvenile justice (care and protection of children) act, 2015 so that at no point of time the child comes in contact in any way with the accused"5 after chapter viii of the principal act, the following chapter and sections thereunder shall be inserted, namely:—insertion of new chapter viiia "chapter viiia20 support, rehabilitation and social integration38a the central government and every state government shall take such measures as it thinks fit and appropriate to ensure and undertake the process of rehabilitation and social integration of the child victimcentral government and state government to take measures to ensure and undertake the process of rehabilitation and social integration of the child victim25setting up of one stop crisis centre38b (1) the state government shall, by notification in the official gazette, set up and maintain in every district, one or more centre to be known as the one stop crisis centre as may be required, to facilitate the child victim to deal with the trauma of abuse and assist him in processes involved with appearing as a witness before the special court or any authority handling his case30(2) every centre set up under sub-section (1), shall be registered within a period of six months from the date of commencement of this act in such manner as may be prescribed(3) the centre shall consist of—(a) one centre co-ordinator with prescribed qualifications and experience matters concerning children;35(b) four case-workers who are experts or professionals shaving prescribed qualifications and experience on matters concerning child sexual abuse;(c) two legal officers with prescribed qualifications and experience on laws related to children;(d) one counsellor with prescribed qualifications and experience of working with children who are victims of sexual abuse;(e) a panel of doctors, forensic experts, pediatricians, psychologists, gynecologists and other professional service providers who may be called on to provide necessary services as per the requirements in each case;54 of 2006(f) two members of the state commissions for protection of child rights constituted under section 17 of the commission for protection of child rights act,2005, to be appointed by the state government in such manner as may be prescribed:provided that at least one of the case-worker appointed under clause (b) shall be a woman10(4) the salaries and allowances payable to, and other terms and conditions of serviceof persons appointed under clause (a) to (f) shall be such as may be prescribed38c the centre shall—functions of the centre(a) provide basic requirements such as food, clothing, shelter and medical attention, including counselling specific to the need of the child victim;15(b) provide assistance to every child victim at the time of medical examinationincluding escort of the child to the place of medical examination;(c) provide assistance for obtaining the proof of identity, wherever required; (d) facilitate proper investigations into the case and provide immediate specialand support services to the child victim;(e) provide legal aid wherever required;20(f) undertake case management including preparation and follow up of individualchild;(g) attend hearing in court in the best interest of the child;25(h) provide referral services for education, vocational training, treatment ofdiseases where required;(i) provide recreational activities including sports and cultural activities; and (j) undertake such other measures as may be necessary for the rehabilitation andwelfare of the child victim under this act3038d (1) the centre shall submit monthly information regarding children availing the services of the centre under this act to the state government in such manner as may be prescribedcentre to submit information to state government(2) the state government shall, after taking into account the number of children availing the services of the centre, provide monthly funding to a centre to ensure wellbeing of the children in such manner as may be prescribed3538e the central government and state government shall independently evaluate andmonitor the functioning of the centre, at such period and through such persons or institutions as may be prescribed by that governmentgovernment to monitor the functioning of the centre40constitution of sexually abused children rehabilitation and welfare fund38f (1) the central government shall, as soon as may be, by notification in the official gazette, constitute a fund to be known as the sexually abused children rehabilitation and welfare fund for carrying out the purposes of this act(2) the fund shall be credited money received from body corporate and financial institutions of both domestic and international, individuals and bodies donations(3) all money received in the fund shall be utilized for carrying out the purposes of this act in such manner as may be prescribed38g the central government shall, after due appropriation made by parliament by law in this behalf, from time to time, provide adequate funds to the state governments for carrying out the purposes of this act"central government to provide funds to the state government5 after section 41 of the principal act, the following section shall be inserted, namely:—insertion of new section 41a5"41a where the accused is a parent or a guardian of the child, the provisions of sections 3 to 13 (both inclusive) shall not apply in case of medical examination or medical treatment of a child, when such medical examination or medical treatment is undertaken in the best interest of the child without the consent from his parents or guardian:10provided that medical examination or medical treatment of a child victim shall not apply when the consent is obtained from the authority handling the case"provisions of sections 3 to 13 (both inclusive) not to apply in case of medical examination or medical treatment of a child undertaken in the best interest of the childamendment of section 436 in section 43 of the principal act, after clause (b), the following clauses shall be inserted, namely:—15"(c) sensitisation of all stakeholders including police officers at all levels, magistrate, child welfare committees, special prosecutors and juvenile justice board to make procedures child friendly and provide periodic training on method of handling child abuse related case; and(d) conduct periodic child sensitisation programmes and orientation on laws related to children for those involved in healing rehabilitation and other assistance programmes for children" statement of objects and reasonsindia is home to the largest child population in the world almost forty-two per centof the total population of the country is under eighteen years of age needless to say, the health and security of the country's children is an integral to any vision for its progress and developmentthe ministry of women and child development enacted the protection of children from sexual offences act, 2012 to protect our children from offences of child sexual assault and to provide a child-friendly system for trial of the offences despite the stringent legal provisions, india continues to rank among the top five countries with the highest rate of child sexual abuseover the past few years, various lacunae in the implementation of this act has become apparent law conviction rate (meagerly between 7-16 per cent) and increasing pendency of cases continue to be a hindrance in providing justice to victims of child sexual abuse this bill is an effort to address the weaknesses of the present legislative frameworka common observation is that the judicial system is overburdened with cases of consensual sex any sexual activity with children under eighteen years is considered to be an offence as the law does not recognise consent it presents a problem as young boys and girls in consesnual relationships are often trapped under the charges of sexual assault subsequently, victims turn hostile as they are forced in to the lawful case due to family presssure leading to acquittals and false cases in the light of these circumstances, there is a need to look at consensual relationships from a different perspective and decriminalise them depending on whether there was a criminal intentstatistics released by the national crime records bureau 2016 reveal that 948 per cent of rape cases saw children being raped by someone they knew including neighbours, direct family members and relatives the abusers often use their position of power, age difference, intellectual or physical development, relationship of authority over child or child's dependency over them to their advantage a recent study of high court judgments revealed that a high proportion of vicitims turned hostile when the perpetrator was an acquaintance to bring the conviction rate higher and punish the perpetrators, there is an overwhelming need to separate the children from the family in cases where the alleged perpetrator is a family member to avoid them from turning hostilesecondly, if the doctors conduct medical examination or treatment of the child victim against consent of the parents, they can be prosecuted if the parent or father is an abuser, he may refuse to provide such consent there is need to take into consideration cases of incest, where the doctors cannot be criminally charged for acting in the best interest of the child and performing the examination, without the consent of the parentslack of training and sensitisation on child friendly procedure often creates traumatic episodes for children the need is also to provide an exhaustive list of stakeholders to be trained to implement child friendly mechanisms during the course of trial to address the needs of childrensexual abuse can scar the psyche of the affected child for life and lead to suicidal tendencies the current law lacks exclusive provisions for after-care, medical support and social integration of the child which further exposes him to re-victimisation in the society the need of the hour is direct the state governments to establish and maintain one stop crisis centres in every district to provide integrated services such as police assistance, legal aid, medical and counselling for serving the victims betterwe need to make our nation safe for children, better policing, increasing accountability, bolstering mechanisms for prevention, and ensuring swifter prosecution should be the approach of stakeholders involvedhence this billnew delhi;november, 29, 2017kalikesh narayan singh deo financial memorandumclause 5 of the bill provides that central government shall take such measures as it thinks fit and appropriate to ensure and undertake the process of rehabilitation and social integration of the child victim it also provides for setting up of one stop crisis centre by the state government to facilitate the child victim to deal with the trauma of abuse it also provides for appointment of experts and other persons to the centre it further provides for the establishment of the sexually abused rehabilitation and welfare fund by the central government the expenditure relating to states shall be borne from the consolidated fund of the state government concerned the bill, therefore, if enacted, will involve recurring expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crore per annum would involve from the consolidated fund of indiaa non-recurring expenditure to the tune of rupees ten crore is also likely to be involved annexure extract from the protection of children from sexual offences act, 2012 definitions2 (1) in this act, unless the context otherwise requires,—(a) (b) (c) "armed forces or security forces" means armed forces of the union or security forces or police forces, as specified in the schedule;(d) "child" means any person below the age of eighteen years;(e) "domestic relationship" shall have the same meaning as assigned to it in clause (f) of section 2 of the protection of women from domestic violence act, 2005 3 a person is said to commit "penetrative sexual assault" if—penetrative sexual assault(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or(c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person 19 reporting of offences(5) where the special juvenile police unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection including admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report, as may be prescribed 43 the central government and every state government, shall take all measures to ensure that—public awareness about act(a) the provisions of this act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this act;(b) the officers of the central government and the state governments and other concerned persons (including the police officers) are imparted periodic training on the matters relating to the implementation of the provisions of the act ———— a billfurther to amend the protection of children from sexual offences act, 2012————(shri kalikesh narayan singh deo, mp)gmgipmrnd—2759ls(s3)—18122017

Parliament_bills

f8a9e1cf-9503-537c-8498-0a8bd378a267

dui no 53 or 1977 the payment of wages (amendment) bill, 1977 a billfurther to amend the payment cjj wage, act, 1936 ,-'- -be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-1 this act may be called the payment of wages (amendment) act, short 1977 title ,, 4 of 1936 z in section 7 of the payment of wages act, 1936, in sub-section (2), 5 after clause (p), the following clause shall be inserted, namely:-amendment of section 7 " (q) deductions for contributions to any insurance scheme framed by the central government for the benefit of its employees" statement oj' objects and reasonsthe payment of wages act, 1936, regulates the payment of wages to certain classes of persons employed in industry sub-section (2) of section 7 of the act provides for certain deductions specified in that subsection from the wages of an employed person, in accordance with the provisions of the act to promote the welfare of its employees, the central government bas devised an insurance scheme to which contributions will be made by the employees concerned in order to permit deductions for contributions to that scheme from the wages of the employees covered by the payment of wages act, 1936, it is proposed to amend sub-section (2) of section 7 of the act suitably the bill seeks to achieve this object new delhi; ravindra varma the 10th junel 1977 a billfurther to amend the payment of wages act, 1936 (shri ratnftdra vat'mci, minist87' of parlicjmentcj11i affa,ir' and labour)

Parliament_bills

25e166df-5fce-5f4c-9b56-14e62548f2b6

bill no 291 of 2015 the airlines (fare structure) bill, 2015 by shri mk raghavan, mp a billto provide for determining of fare structure of all airlines operating in the country 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 title1 this act may be called the airlines (fare structure) act, 2015determination of air fare by the central government(2) the central government shall, before determining the fare to be charged by any airline, take into account the following factors—| ( | i | ) traffic of passengers on any route; ||-----|-----|----------------------------------------------------|| ( | ii | ) geographical location of the destination; || 5 | | || ( | iii | ) distance between starting place and destination; || ( | iv | ) cost of fuel including air jet fuel; and || ( | v | ) facilities offered by an airline |3 every airline operating in the country, either on domestic route or international route, shall not charge fare more than that determined under section 2airlines not to charge excess fare10suspension or cancellation of licence of airline4 (1) if any airline charges more fare than the fare determined by the central governmentor cancels any scheduled flight without adequate reason or does not provide the facilities for which the airline charges from the passengers, the licence of such airline shall, in the first instance, be suspended for one month immediately after hearing the view point of the airline:15provided that if the central government is satisfied that the provisions of this subsection were violated due to genuine difficulty faced by the airline, the central government may not suspend the licence or may remove the suspension(2) where any airline after suspension of licence under sub-section (1) violates the provision of that sub-section (1) again, the licence of such airline shall be cancelled by the central government:20provided that the central government shall before taking a decision on cancellation of licence of an airline shall give reasonable opportunity of being heard, to such airlinecompensation to passengers5 notwithstanding anything in section 4, an airline shall also make compensation to the passengers, if—| ( | i | ) the scheduled flight is cancelled or delayed for more than two hours; ||----------------------------------------------|-----|------------------------------------------------------------------------------------|| 25 | | || ( | ii | ) it over charges; and || ( | iii | ) it does not provide the facilities it offered to the passengers at such rates as || may be determined by the central government | | || power to | | || make rules | | || 6 | ( | 1 || for carrying out the purposes of this act | | || 30 | | || 35 | | |(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 reasonsairlines charge exorbitant rates scheduled flights are delayed or cancelled at the last minute causing great inconvenience to passengers nowadays, a large number of people are travelling by air airlines don't have any criteria to fix the fares during festive seasons and holiday season, the prices sky rocket and virtually there is no check on the fares charged by airlinesthe facilities that are offered are also withdrawn at the last moment government has no control over airlines there is no mechanism to protect the passengersthe bill, therefore, seeks to provide for determining of fare structure of all airlines operating in the countryhence this billnew delhi;mk raghavannovember 18, 2015 lok sabha———— abillto provide for determining of fare structure of all airlines operating in the country and for matters connected therewith or incidental thereto————(shri mk raghavan, mp)gmgipmrnd—3025ls(s3)—04-12-2015

Parliament_bills

b86523a0-35ce-5235-972e-fb71903845d1

bill no 38 of 1988 the customs (amendment) bill, 1988 a bill further to amend the customs act, 1962be it enacted by parliam ent in the t hirty-ninth y ear of the republic of india as fouows:—1 (1) this a ct m ay be called the customs (am endment) act, 1988 short title and com -(2) it shall come into force on such date as the central g overnm ent 5 may, by notification in the official gazette, appoint52 of 1962 2 in section 14 of the customs act, 1962 (hereinafter referred to as am endthe principal a ct),— m ent ofsection(o) in sub-section (1),—(i) in clause (a), thie brackets and letter " (a )" shall be jq om itted;(ii) clause (b) shall be om itted;(b) after sub-section (1), the following sub-section shall b» inserted, nam ely:—" (la ) subject to the provisions of sub-section (1), the price referred to in th at sub-section in respect of im ported goods shall be determ ined in accordance w ith the rules m ade in this behalf" ;(c) in sub-section (2 ), after the words, brackets and figure "in 5 sub-section ( i ) ", the words, brackets, figure and letter "or sub-section ( m ) " shall be inserted3 in section 156 of th e principal act, in sub-section (2), for clause (a ), th e follow ing clause shall be substituted, nam ely: —amend­ment of section 156" (a) the m anner of determ ining the price of im ported goods 10 vmder sub-section (la) of section 14;" statement of objects and reasonsthe customs act, 1962 (52 of 1962) deals w ith the law relating to levy of duties of customs section 14 thereof provides for the valuation of goods for the purposes of assessm ent of duties of customs chargeable on goods by reference to their yalue a rticle v ii of the g eneral a gree­m ent on trade and tariff (g a tt), to which india is a contracting party, lays down general principles on custom s valuation the provisions of the said section 14 are, therefore, based on a rticle v ii of gatt2 d uring the tokyo round of m ulti-lateral trade negotiations under thie gatt (1973—1979), an a greem ent on im plem entation of a rticle vii of the gatt, also know n as gatt code of valuation, was adopted this a greem ent lays down elaborate rules to provide for greater uni­form ity and certainty in the application of a rticle v ii of the gatt for determ ining the value of im ported goods as india is a contracting party to this a greem ent also, we are required to im plem ent the said gatt code of valuation3 the purpose of the bill is, therefore, to suitably amend section 14 of the customs act so as to enable the c entral governm ent to fram e rules on the basis of gatt code of v aluation for the determ ination of the price of im ported goods4 the bill seeks to achieve the above objectn e w d e l h i;the 24th march, 1988 a jit kumar panjaclause 2 of the bill seeks to insert a new sub-section (la ) in section14 of the customs act, 1962, providing that, subject to the provisions of sub-section (1) of th at section, the price of im ported goods shall be determ ined in accordance w ith the rules m ade in this behalf accord­ingly, clause 3 of the bill seeks to substitute clause (a) of sub-section (2) of section 156 of the customs act so as to em pow er the c entral g overn­m ent to make rules to provide for th e m aim er of determ ining the price of im ported goods under the said sub-section (la ) of section 14 of the customs act2 the m atters w ith respect to w hich rules m ay be m ade are m atters of procedure and detail and it m ay not be practicable to provide them in the bill3 the delegation of legislative power is, therefore^ of a norm al character (52 of 1962)51 of 1975 14 (1) for the purposes of the customs tariff act, 1975, or any other law for the time being in force whereunder a duty of customs is chargeable on any goods by reference to their value, the value of such goods shall be deemed to be—valuation of goods for pur­poses of assess­ment(a) the price at which such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the course of international trade, where the seller and the buyer have no interest in the busi­ness of each other and the price is the sole consideration for the sale or offer for sale:provided that such price shall be calculated with reference to the rate of exchange as in force on the date on which a bill of entry is presented under section 46, or a shipping bill or bill of export, as the case may be, is presented under section 50;(b) where such price is not ascertainable, the nearest ascertain­able equivalent thereof determined in accordance with the rules made in this behalf156 (i) ♦ ♦ ♦general 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: —(a) the manner of determining the nearest ascertainable equiva­lent of the normal price of any goods; a billfu rth er to am end the customs act, 1962(shri a jit panja, minister oj state in the department of revenue in the ministry of finance)

Parliament_bills

321f2139-3dfa-5750-ac30-3276a76fbac9

the national forensic sciences university bill, 2020—————— arrangement of clauses—————— chapter i preliminary clauses1short title and commencement2declaration of national forensic sciences university as an institution of nationalimportance3definitions chapter ii establishment of university4establishment and incorporation of university5effect of incorporation of university6objects of university7powers and functions of university8jurisdiction of university9university to be open to all races, creeds and classes10admission of students11teaching at university chapter iii authorities of university12authorities of university13chancellor14court15board of governors16powers of board of governors17terms of office of members of board of governors18academic council19powers of academic council20officers of university21vice-chancellor22powers of vice-chancellor23campus directors clauses24dean25executive registrar26finance officer27other officers28finance committee29powers of finance committee30board for affiliation and recognition31other officers of university32grants by central government33grants by state governments chapter iv accounts and audit34corpus of university35fund36accounts and audit37pension and provident funds chapter v annual report and appointments38annual report of university39appointments of officers of university chapter vi statutes and ordinances40statutes41statutes how to be made42ordinances43ordinances how made chapter vii tribunal of arbitration44tribunal of arbitration45redressal for debarment from examination and disciplinary action against students chapter viii miscellaneous46disputes as to constitution of authorities and bodies47power of central government to make rules in respect of matters relating to board of governors48acts and proceeding not to be invalidated by vacancies, etc (iii) clauses49university to be a public authority under right to information act50protection of action taken in good faith51power of central government to issue directions52residuary provision53laying of rules, statutes, ordinances and notifications54power to remove difficulties55transitional provisions56repeal of gujarat act 17 of 2008 bill no 100 of 2020 the national forensic sciences university bill, 2020 a billto establish and declare an institution to be known as the national forensic sciences university as an institution of national importance to facilitate and promote studies and research and to achieve excellence in the field of forensic science in conjunction with applied behavioural science studies, law, criminology and other allied areas and technology and other related fields, and to provide 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 preliminary2 whereas the objects of the national forensic sciences university are such as to make it an institution of national importance, it is hereby declared that the national university of forensic sciences is an institution of national importancedeclaration of national forensic sciences university as an institution of national importance definitions3 in this act, unless the context otherwise requires,—5(a) "academic council" means the academic council of the university referred to in section 18;(b) "academic staff" means teachers and such categories of staff as are designated to be academic staff by the statutes;10(c) "affiliated college" means an institution recognised as such by the board of governors in accordance with the provisions of this act and the statutes made thereunder;(d) "board of governors" means the board of governors of the university referred to in section 15;15(e) "campus" means the campus of the gujarat forensic sciences university situated at gandhinagar, gujarat, and that of the lok nayak jayaprakash narayan national institute of criminology and forensic sciences situated at rohini, new delhi, or such other campus as may be established by the university at any place within india or outside india;(f) "chancellor" means the chancellor of the university;20(g) "college" means a college or institution maintained or admitted to the privileges of the university for imparting education and training in forensic sciences or its related disciplines;(h) "court" means the court of the university referred to in section 14;25(i) "dean", in relation to any school campus, means the dean of such school campus;(j) "department" means an academic department of the university;30(k) "distance education system" means the system of imparting education through any means of communication such as broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes or the combination of any two or more such means;(l) "employee" means any person appointed by the university and includes teachers, other academic and non-academic staff of the university;(m) "executive registrar" means the executive registrar of the university referred to in section 25;35(n) "finance committee" means the finance committee of the university referred to in section 28;(o) "fund" means the fund of university referred to in section 35; (p) "notification" means a notification published in the official gazette; (q) "school" means a school of study of the university;40(r) "statutes" and "ordinances" mean, respectively, the statutes and ordinances of the university made under this act;(s) "student" means a student of the university and its affiliated colleges, and includes any person who has enrolled for pursuing any course of study in the university;5(t) "teachers" means directors, deans, professors, associate professors,assistant professors and such other persons as may be appointed for imparting instruction or conducting research or for giving guidance for research or rendering assistance to students, in the university or in any college or institution maintained by the university;(u) "university" means the national forensic sciences university establishedunder this act;10(v) "vice-chancellor" means the vice-chancellor of the university referred to insection 21 chapter ii establishment of universitygujarat act 17 of 200815establishment and incorporation of university4 (1) the gujarat forensic sciences university, gandhinagar, gujarat established under the gujarat forensic sciences university act, 2008, and the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi shall be established as an university by the name of national forensic sciences university20(2) the national forensic sciences university shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and shall, by the said name, sue or be sued(3) the headquarters of the university shall be at gandhinagar, gujarat (4) the campuses of the university shall include the campuses situated at gujarat forensic sciences university, gandhinagar, gujarat, and the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi and such other campuses as the central government may, by notification, specify25(5) the first chancellor, vice-chancellor, board of governors, academic council, directors, deans, executive registrar and all other persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the university305 on and from the commencement of this act,—effect of incorporation of university(a) any reference to the gujarat forensic sciences university, gandhinagar, gujarat or the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi in any other law for the time being in force or in any contract or other instrument, shall be deemed as a reference to the university;35gujarat act 17 of 200840(b) all appointments made, orders issued, degrees and other academic distinctionsconferred, diplomas and certificates awarded, privileges granted or other things done under the provisions of the gujarat forensic sciences university act, 2008, in so far as it relates to the gujarat forensic sciences university, gandhinagar, shall be deemed to have been, respectively, made, issued, conferred, awarded, granted or done under the corresponding provisions of this act, and, except as otherwise provided by or under this act or the statutes or ordinances or regulations, continue in force unless and until they are superseded by the statutes or ordinances made under this act;45 (c) the status of "centre of excellence" and "institute of strategic or securityrelated interest" granted to the gujarat forensic sciences university, gandhinagar by the government of gujarat and the status of "center of excellence for narcotics drugs and psychotropic substances" conferred by the ministry of home affairs, government of india, to the gujarat forensic sciences university, gandhinagar, shall be applicable to the university;(d) all properties, movable and immovable, of or belonging to the gujarat forensic sciences university, gandhinagar, gujarat or the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi shall vest in the university;5(e) all rights, debts and other liabilities of the gujarat forensic sciences university, gandhinagar, gujarat or the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi shall be transferred to and be the rights, debts and liabilities of the university;10 15(f) every person employed by the gujarat forensic sciences university, gandhinagar, gujarat or the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, newdelhi, immediately before such commencement, shall hold his office or service in the university by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund, and other matters as he would have held if this act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes, not detrimental to the service conditions of such employee:20provided that any reference, by whatever form of words, to the registrar and other officers of the gujarat forensic sciences university, gandhinagar, gujarat or the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi, in any law for the time being in force, or in any instrument or other document, shall be deemed to be reference to the executive registrar and other officers of the university;25(g) any activity for appointment or promotion of academic or non-academic staff underway in the gujarat forensic sciences university, gandhinagar at the time of commencement of this act shall be deemed to be valid, and further proceeding in such appointment or promotion shall be taken in accordance with the provisions of this act and be continued from the stage at the time of commencement of this act;30(h) every person pursuing, before the commencement of this act, any academic or research course or programmes of study in the gujarat forensic sciences university, gandhinagar, shall be deemed to have migrated and registered with the university, on such commencement, at the same level of course or programme and shall continue to pursue such academic or research course and programmes of study in the university;35 40(i) every person pursuing, before the commencement of this act, any academic or research course in the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi, shall continue to pursue their academic courses and programmes of study under the enrolment and affiliation of the guru gobind singh indraprastha university, delhi which shall conduct examinations and award degrees to them upon successful completion of such courses and programmes of study;45(j) all suits and other legal proceedings instituted or which could have been instituted by or against the gujarat forensic sciences university, gandhinagar or the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi, immediately before the commencement of this act, shall be continued or instituted by or against the university 6 the objects of the university shall be —objects of university(i) to facilitate and promote academic learning and practices in the field of forensic science in conjunction with applied behavioural science studies, law, legal studies, criminology and other allied areas and technology, including training,50skill-development, research and extension of work with focus on emerging areas in the said fields for strengthening criminal justice institutions in the country;5(ii) to foster research and applied applications in forensic science, appliedbehavioural science studies, law, legal studies and other allied areas and technology for training, research and development by promoting innovations and best practices;(iii) to promote and provide advanced institutional and research facilities in thefields of forensic science, applied behavioural science, law, legal studies and other allied areas and technology;10(iv) to create capacities and capabilities of global standards of education, trainingand research for development of aptitude, skills and knowledge within and outside the country at various levels in the fields of forensic science, applied behavioural science, law, legal studies and other allied areas and technology;15(v) to coordinate with the central government and state governments to improveinvestigation, crime detection and prevention through projects and research, funded by grants-in-aid from the central government and state governments, in fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology;20(vi) to advice and assist the central government, state governments and unionterritory administrations in formulation of relevant policies including their review in the fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology;25(vii) to coordinate and network with the institutions having specialisation so asto expand the fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology, for promoting academics and research work through various pursuits;(viii) to administer, maintain and manage the university and to establish suchoff-site campus and off-shore centres for education, training and research as are necessary for the furtherance of the objects of the university within and outside the country;30(ix) to assist the central government or state governments to accredit forensicscience laboratories, provide standard operating procedures, and lay down specifications for forensic equipment and kits to be used for forensic work in the country;35(x) to set-up campus, colleges, schools, centres and institutions of excellencefor imparting state of-the-art education, training and research in the fields of forensic science, cyber security and digital forensics, behavioural science, technology and management;40(xi) to assist the central government to create and maintain national forensicdata base required for criminal investigation, including fingerprints, voice, deoxyribonucleic acid (dna), firearms, counterfeit currency, narcotic drugs and psychotropic substances, cyber security, cyber defence and internal security;(xii) to undertake special projects for central government and state governments; and45(xiii) to undertake any other objects, not inconsistent with the provisions ofthis act which the central government may, by notification, specify in this behalf7 (1) subject to the provisions of this act, the university shall exercise the following powers and perform the following functions, namely:—powers and functions of university(a) to provide for studies, training, skill-development, research and extension of work in forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology with focus on emerging areas of forensic science studies and related technologies;5(b) to establish and maintain campuses, colleges, institutions, schools, departments, laboratories, libraries, centres of research, training, skill-development, research and specialised studies within and outside the country;(c) to plan and prescribe courses of study or skill-development, such as degrees, diplomas, and certificates;(d) to hold examinations and grant degrees, diplomas, certificates and other academic distinctions;(e) to confer honorary degrees or other distinctions;10(f) to grant, subject to such conditions as the university may determine, diplomas or certificates to, of evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause;15(g) to provide facilities through the distance education system to such persons as it may determine;(h) to introduce semester system, continuous evaluation and choice-based credit system and enter into agreements with other universities and academic institutions for credit transfer and joint degree programmes;20(i) to make provisions for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies, national or international, as the university may deem necessary;(j) to receive grants-in-aid to undertake projects for research and special assignments for the central government and state governments;25(k) to determine, specify and receive payment of fees and other charges as the university may deem fit, from students and any other person, institution or body corporate for instruction and other services, including training, consultancy and advisory services, provided by the university;30(l) to establish, maintain and manage university buildings, halls, hostels and other campuses for the university in any other place;(m) to affiliate colleges and institutions of higher learning for such purposes as the university may determine and to withdraw such recognition;35(n) to supervise and control the residence and regulate the discipline of students of the university and to make arrangements for promoting their health, general welfare, cultural and corporate life;(o) to create academic and other teaching posts and to make appointments thereto (except the posts of chancellor and vice-chancellor) as may be necessary for imparting instruction and managing the affairs of the university;40(p) to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars including those located outside the country, and such other persons who may contribute to the advancement of the university;(q) to create non-teaching, administrative, ministerial and other posts in the university and to make appointment thereto;45(r) to cooperate, collaborate or partner or associate with educational or other institutions and organisations, public and private, including those located outside the country having objects wholly or partly similar to those of the university by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects;(s) to institute and award fellowships, scholarships, exhibitions, prizes and medals;(t) to provide for the preparation of instructional material including relatedsoftware and other audio-visual aids;5(u) to sponsor and make provision for research and development in areas ofcore competence of the university;(v) to enter into, carry out, vary or cancel contracts; (w) to demand and receive such fees and other charges as may be specified byordinances;10(x) to receive benefactions, donations and gifts from persons and to name afterthem such chairs, institutions, buildings and the like, as the university may determine, whose gift and donations to the university is worth such as the university may decide;(y) to acquire, hold, manage and dispose of any property, movable or immovable,including trust and endowment properties for the purposes of the university;15(z) to initiate measures to enlist the cooperation of the industry to providecomplementary facilities;20(za) to establish off-shore campus at any place outside the country as andwhen it is considered necessary for advancing the aims and objectives of the university;(zb) to provide for printing, reproduction and publication of research and otherwork;25(zc) to provide, control and maintain discipline among the students and allcategories of employees and to lay down the conditions of service of such employees, including their code of conduct;30(zd) to conduct innovative experiments and develop new methods andtechnologies in the field of science, technology and management in relation to the domains of investigation, prevention and detection of crimes and furthering the cause of criminal justice systems in order to achieve international standards of such education, training research and consultancy;(ze) to admit students for courses in institute and its affiliated centers and institutes on an all india basis in such manner as may be laid down in the statutes;35(zf) to admit foreign students, overseas citizen of india card holder, person ofindian origin, non-resident indian, children of indian workers in gulf and south-east asian countries, in such manner and as may be laid down in the statutes;(zg) to purchase or to take on lease any land or building or works which may be necessary or convenient for the purpose of the university on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such buildings or works;40 45(zh) to raise and borrow moneys on bonds, mortgages, promissory notes orother obligations or securities founded or based upon all or any of the properties and assets of the university or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the university, all expenses incidental to the raising of moneys, to repay and redeem any money borrowed after taking prior permission of the board of governors;(zi) to invest the funds of the university in or upon such securities and transposeany investment from time to time in such manner as it may deem fit in the interest of university; and(zj) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the university5(2) notwithstanding anything contained in sub-section (1), the university shall not dispose of in any manner any immovable property without the prior approval of the central government8 the jurisdiction of the university shall extend to the whole of indiajurisdiction of university9 (1) the university shall be open to all persons irrespective of gender, race, caste, creed, disability, domicile, ethnicity, social or economic backgrounduniversity to be open to all races, creeds and classes10(2) no bequest, donation or transfer of any property shall be accepted by the university which in the opinion of the board of governors involves conditions or obligations opposed to the spirit and object of this section(3) admissions to every academic programme of study in the university shall be based on merit assessed through transparent and reasonable criteria disclosed prior to the commencement of the process of admission by the university:15provided that the university shall be a central educational institution for the purposes of the central educational institutions (reservation in admission) act, 20065 of 2007admission of students10 (1) it shall be the endeavor of the university to maintain an all-india character, and high standards of teaching and research20(2) admission of students for courses in university shall be made on an all india basis in such manner as may be specified in the ordinancesteaching at university11 all teaching at the university and its campuses or affiliated colleges shall be conducted by and in the name of the university in accordance with the statutes and ordinances made in this behalf chapter iii25 authorities of university12 the following shall be the authorities of the university, namely:—authorities of university(a) chancellor; (b) court; (c) board of governors;30(d) academic council; (e) board for affiliation and recognition; (f) finance committee; and (g) such other authorities as may laid down in the statutes to be the authorities of the university35chancellor13 (1) the central government may, by notification, appoint a person of eminence as the chancellor of the university in consultation with such state governments as it deems fit(2) the chancellor shall, by virtue of his office, be the head of the university and shall preside at the convocations of the university held for conferring degrees40(3) the chancellor may invite any person or persons of eminence to advise the university in relation to the affairs of the university as and when necessary(4) notwithstanding anything contained in this act, the chancellor may order or undertake an inspection or inquiry, if he deems it necessary(5) the chancellor shall have such other powers as may be laid down in the statutescourt14 (1) the central government shall, by notification, constitute a court for the university to be headed by the chancellor5(2) the members of the court shall be nominated by the central government, in consultation with such state governments as it deems fit, from amongst persons of eminence, including from the fields of forensics, bio-technology, criminal justice, law enforcement, technology and academia(3) the term of office of members of the court shall be such as may be laid down in the statutes10(4) the vice-chancellor shall be the convenor of the court(5) subject to the provisions of this act, the court shall have the following powers and perform the following functions, namely:—15(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; and(c) to perform such other functions as may be laid down in the statutes(6) the court shall meet at least once in a year20board of governors15 (1) the board of governors of the university shall consist of the following members, namely:—(a) vice-chancellor—chairperson, ex officio;(b) financial adviser, ministry of home affairs, government of india—member,ex officio;25(c) one representative of the ministry of home affairs in the government ofindia not below the rank of joint secretary—member, ex officio;(d) an officer of the home department, not below the rank of the secretary tothe government of gujarat—member, ex officio;(e) registrar general of the high court of gujarat—member, ex officio;30(f) director-cum-chief forensic scientist, director of forensic science services,ministry of home affairs, government of india—member, ex officio;35(g) five persons of eminence selected from the fields of forensic science, law,enforcement, criminology, computer science, engineering, technology, management, forensic medicine and pharmacy, to be nominated by the central government, in consultation with such state governments as it deems fit—members;(h) all campus directors of the university—members, ex officio(2) the executive registrar shall be the secretary of the board (3) the chairperson shall exercise such other powers and perform such other functions as may be assigned to him by or under this act or the statutes40powers of board of governors16 (1) subject to the provisions of this act, the board of governors shall be responsible for the general superintendence, direction and the control of affairs of the university and shall exercise all the powers of the university not otherwise provided by this act, statutes or ordinances and shall have the power to review the acts of the academic council and the finance committee and other committees or authorities of the university(2) without prejudice to the provisions of sub-section (1), the board shall have the following powers and perform the following functions, namely:—(i) take decisions on question of policy relating to the administration and working of the university;5(ii) institute courses of study in the university;(iii) make statutes; (iv) modify or cancel statutes;10(v) create posts and appoint persons to academic as well as other posts in the university and determine salary structure and the terms and conditions of different cadres of employees;(vi) consider and pass resolutions on the annual report, annual accounts and the budget estimates of the university for every financial year;(vii) invest money and funds of the university and to take decision on the recommendations of the finance committee;15(viii) publish or finance the publication of studies, treaties, books, periodicals, reports and other literature from time to time and to sell or arrange for the sale as it may deem fit;(ix) appoint such committees as it considers necessary for the exercise of its powers and performance of its duties under this act;20(x) appoint campus directors; (xi) consider and approve the proposals recommended by the board for affiliation and recognition;25(xii) delegate any of its power to the directors, deans, executive registrar or any other officer, employee or to any authority of the university or to a committee appointed by it; and(xiii) exercise such other powers and perform such other functions as may be conferred or imposed upon it by or under this act or the statutes or ordinances made thereunder for achieving the objects of the university (3) the board of governors shall meet at least two times in a year and the presence of at least six members shall form the quorum for a meeting of the board of governors3017 (1) save as otherwise provided in this section, the term of a nominated member of the board of governors under clause (g) of sub-section (1) of section 15 shall be three years from the date of his nominationterms of office of members of board of governors35(2) a nominated member of the board of governors shall be eligible for re-nomination for the next term(3) a nominated member of the board of governors may resign from his office by writing under his hand addressed to the chairperson and his resignation shall take effect from the date it is accepted by the chairperson40(4) the term of office of an ex officio member of the board of governors shall continue so long as he holds the office by the virtue of which he is a memberacademic council18 (1) the academic council of the university shall consist of the following members, namely:—(i) vice-chancellor—chairperson, ex officio;45(ii) two academicians or professionals to be nominated by the board of governors—members;(iii) two academicians or professionals in the field of forensic science to be nominated by the board of governors—members;(iv) director-cum-chief forensic scientist, directorate of forensic science services, ministry of home affairs, government of india—member, ex officio;5(v) campus directors—members, ex officio;(vi) one dean or professor or associate professor from each discipline of the school, by rotation, to be nominated by the vice-chancellor—members, ex officio;(vii) two representatives of industry or industry bodies in related sectors to be nominated by the board of governors—members10(2) the executive registrar shall be the secretary of the council(3) the term of office of the members nominated under clauses (ii), (iii), (vi) and (vii)of sub-section (1) shall be three years, and the members shall be eligible for re-nomination for the next term15powers of academic council19 subject to the provisions of this act and the statutes made thereunder, the academic council of the university shall exercise the following powers and perform following functions, namely:—(i) to specify the academic policies of the university and be responsible for the maintenance and improvement of standards of instruction, education and evaluation in the university;20(ii) to consider matters of general academic interest either on its own initiative or on a reference from the faculty of the university or the board of governors and to take appropriate action thereof;(iii) to review and recommend to the board of governors regarding proposals received from the board for affiliation and recognition;(iv) to make ordinances;25(v) to recommend to the board of governors, to make such statutes as are consistent with this act regarding the academic functioning of the institute including discipline of students; and30(vi) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the statutes or ordinances 20 the following shall be the officers of the university, namely:—officers of university(a) vice-chancellor; (b) campus directors; (c) deans;35(d) executive registrar; and(e) such other persons in the service of the university as may be laid down in the statutes, to be the officers of the universityvice- chancellor21 (1) the central government may, in consultation with such state governments as it deems fit, by notification, appoint the vice-chancellor of the university40 (2) a person shall be qualified to be appointed as the vice-chancellor of the university, if he is —(i) a person of eminence in the field of forensic sciences;(ii) associated in administration of criminal justice, development matters,education, philanthropy, industrial or business development or exemplaryadministration in the central services, state services, corporations or public bodies at national and international levels (3) the vice-chancellor shall hold office for a period of three years and shall be eligible for reappointment for another term or till he attains the age of seventy years5(4) the other terms and conditions of the vice-chancellor shall be such as may be laid down in the statutes(5) the vice-chancellor may resign from his office by writing under his hand addressed to the chancellor and such a resignation shall take effect from the date of acceptance by the chancellor10powers of vice- chancellor1522 (1) the vice-chancellor shall have, subject to the provisions of this act, power to cause an inspection or review to be made by such person or persons as he may direct, of the university, its buildings, hostels, libraries, equipment and systems and processes and of any institution or center maintained by the university, and also of the examinations, teaching, research and other works 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, academic affairs and finance of the university(2) without prejudice to the generality of the foregoing provisions, the vice-chancellor shall—20(i) preside at the meetings of the board of governors, academic council, board for affiliation and recognition and finance committee;(ii) be the principal academic and executive 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;25(iii) be responsible for imparting of instructions and maintenance of discipline in the university;(iv) submit annual reports and accounts to the board of governors; (v) ensure that decisions taken by the board of governors are implemented; (vi) have the power to delegate some of his powers to any of his subordinates under intimation to the board of governors;30(vii) nominate a director of the university to perform his functions during the period of his leave;35(viii) have all financial powers of the secretary to the government of india for the purposes of rules of the government, in so far as they are applicable or may be made applicable to the conduct of the business of the university, subject to the additional power that may be delegated by the board of governors from time to time;(ix) exercise such other powers and perform such other duties as may be assigned to him by or under this act or the statutes or ordinances or as may be delegated to him by the board of governors40(3) if the post of the vice-chancellor remains vacant for any reason, it shall be open to the chancellor to authorise a senior regular professor in the service of the university or any other appropriate person possessing the qualification provided under sub-section (2) of section 21 to exercise such powers, functions and duties of the vice-chancellor during such vacancy45(4) where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the authority or body of the university empowered under this act to deal with it, the vice-chancellor may take such action as he may deem fit and shall forthwith report the action so taken by him to the authority or body of the university who or which, in the ordinary course, would have dealt with the matter:5provided that if such authority or other body is of the opinion that such action ought not to have been taken by the vice-chancellor, it may refer the matter to the board of governors which may either confirm the action taken by the vice-chancellor or annul the same or modify it in such manner as it thinks fit, and thereupon the action shall cease to have effect or, as the case may be, shall take effect in such modified form, and such modification or annulment shall be without prejudice to the validity of anything previously done by or under the order of the vice-chancellor10(5) where the exercise of the power by the vice-chancellor under sub-section (4)involves the appointment of any person, such appointment shall be confirmed by the competent authority in the university empowered to approve such appointment in accordance with the provisions of this act and the statutes made thereunder, within a period of one year from the date of order of the vice-chancellor, otherwise such appointment shall cease to have effect on the expiration of a period of one year from the date of order of the vice-chancellor15campus directors23 (1) the campus directors of the university shall be appointed by the vice-chancellor with the approval of the board of governors in such manner and on such terms and conditions as may be laid down in the statutes20(2) the campus directors shall assist the vice-chancellor in managing the academic, administrative and other affairs of the campus of university, and shall exercise such powers and perform such functions as may be laid down in the statutes or entrusted to them by the vice-chancellordean24 (1) the deans of each school of the university shall be appointed by the vice-chancellor on such terms and conditions as may be laid down in the statutes25(2) the deans shall assist the vice-chancellor, executive registrar and respective campus directors in managing the academic and other affairs of the schools of the university and shall exercise such powers and perform such functions as may be laid down in the statutes or entrusted to them by the vice-chancellorexecutive registrar25 (1) the executive registrar shall be appointed by the university in such manner and on such terms and conditions as may be laid down in the statutes30(2) the executive registrar shall exercise the following powers and perform the following duties, namely:—(i) be responsible for the custody of records, common seal, the funds and properties of the university;35(ii) place before the board of governors and other authorities of the university all such information and documents as may be necessary for transaction of its business;(iii) be responsible to the vice-chancellor for the proper discharge of his functions;40(iv) be responsible for the administration of the university and conduct the examinations and make all other arrangements necessary thereof and be responsible for the execution of all processes connected therewith;(v) attest and execute all documents on behalf of the university; (vi) verify and sign the pleadings in all suits and other legal proceedings by or against the university and all processes in such suits and proceedings shall be issued to and served on the executive registrar;45(vii) act as the secretary of the board of governors, the academic council, the finance committee and such committees as may be specified by the board of governors; and(viii) exercise such other powers and perform such other duties as may be laid down in the statutes or as may be delegated to him by the board of governors or the vice-chancellorfinance officer526 the finance officer shall be appointed by the university in such manner, on suchemoluments and on such other terms and conditions of service and shall exercise such powers and perform such duties as may be laid down in the statutesother officers27 the manner of appointment and powers and duties of other officers of the universityshall be such as may be laid down in the statutes28 (1) the finance committee shall consist of the following members, namely:—finance committee10(a) vice-chancellor, who shall be the chairperson of the committee; (b) two members of the board of governors, of which one shall be ex officiomember to be nominated by the board of governors;(c) all campus directors; (d) one expert in the field of finance to be nominated by the board of governors;15(e) dean of any one school of the university, in rotation, as may be nominatedby the board of governors(2) the executive registrar shall be the secretary of the finance committee (3) the term of office of the members nominated under clauses (b), (d) and (e) shall be three years and the said members shall be eligible for renomination2029 save as otherwise provided in this act, the finance committee shall exercise the following powers and perform the following functions, namely:—powers of finance committee(a) to examine the annual accounts and annual budget estimates of theuniversity and to advise the board of governors thereof;(b) to review from time to time the financial position of the university;25(c) to make recommendations to the board of governors on all financial policymatters of the university;(d) to make recommendations to the board of governors on all proposalsinvolving raising of funds, receipts and expenditure;(e) to provide guidelines for investment of surplus funds;30(f) to make recommendations to the board of governors on all proposalsinvolving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget needs to be incurred;35(g) to examine all proposals relating to the revision of pay scales, upgradationof the pay scales and those items which are not included in the budget prior to placing before the board of governors; and(h) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by this act or the statutes or ordinances made thereunder4030 (1) the board for affiliation and recognition shall be responsible for admitting colleges and institutions to the privileges of the universityboard for affiliation and recognition(2) the constitution of the board for affiliation and recognition, the term of office of its members and its powers and functions shall be such as may be laid down in the statutesother officers of university31 the board of governors may, by statutes, declare such other authorities or officers of the university and specify the powers, functions and duties of each such authority or officer, as the case may be5grants by central government32 for the purpose of enabling the university to discharge its functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the university, in each financial year, such sums of money in such manner as it may deem fit33 the university may receive such sums of money as grants-in-aid annually or as one-time grant from any state governmentgrants by state governments10 chapter iv accounts and auditcorpus of university34 the university may receive funds from the central government or state governments or other sources or use its funds to maintain and operate a corpus of the universityfund1535 (1) the university shall maintain a fund to which shall be credited—(a) all moneys provided by the central government; (b) all moneys received from state governments; (c) all fees and other charges received by the university;20(d) all moneys received by the university by way of grants, gifts, donations,benefactions, bequests or transfers;(e) all interest from corpus, or any other such earnings; (f) any loans taken by the university;25(g) the moneys received by the university from the collaborating industries interms of the provisions of the memorandum of understanding entered between the university and such industry for establishment of sponsored chairs, fellowships or infrastructure facilities of the university; and(h) all moneys received by the university in any other manner or from any othersource30(2) all moneys credited to the fund of the university shall be deposited in such banks or invested in such manner as the university may, with the approval of the finance committee, decide(3) the fund of the university shall be applied towards the expenses of the university including expenditure incurred in the exercise of its powers and discharge of its functions by or under this act35accounts and audit36 (1) the university shall maintain proper accounts and other relevant records andprepare an annual statement of accounts including the balance-sheet, in such form and accounting standard as may be specified, by notification, by the central government in consultation with the comptroller and auditor-general of india40(2) the accounts of the university shall be audited by the comptroller andauditor-general of india and any expenditure incurred by it in connection with such audit shall be payable by it to the comptroller and auditor-general of india45(3) the comptroller and auditor-general of india and any person appointed by him inconnection with the audit of the accounts of the university shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the university(4) the accounts of the university as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament5pension and provident funds37 (1) the university may constitute for the benefit of its employees such providentor pension fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be laid down in the statutes19 of 192510(2) where any provident fund has been constituted under sub-section (1), the central government may declare that the provisions of the provident funds act, 1925 shall apply to such fund as if it were a government provident fund chapter v annual report and appointmentsannual report of university1538 (1) the annual report of the university shall be prepared by the vice-chancellor, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and an outcome based assessment of the research being undertaken by it, and be submitted to the board of governors on or before such date as may be specified and the board of governors shall consider the report in its annual meeting(2) the annual report, as approved by the board of governors, shall be published and placed on the website of the university20 25(3) the vice-chancellor shall prepare and release for every year a report, in english and in hindi, the working of the university in the previous year on or before the expiry of nine months from the close of financial year, and a copy of the same, together with an audited statement of accounts showing the income and expenditure for the previous year shall be submitted to the central government within that stipulated time, and the same may be caused to be laid before each house of parliament39 all appointments of the employees of the university, except the vice-chancellor, shall be made in accordance with the procedure laid down in the statutes, by —appointments of officers of university30 (a) the board of governors, if the appointment is made on the academic staff in the post of assistant professor or above, or if the appointment is made on the non-academic staff in any post equivalent to group 'a' and above, as the case may be; (b) by the vice-chancellor, in any other case chapter vi statutes and ordinancesstatutes3540 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;40(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; | | || 45 | | || ( | d | ) the appointment of teachers, academic staff from within the country or from || outside the country, and other employees of the university, their emoluments and | | || conditions of service; | | |(e) the appointment of teachers and academic staff working in any other university or organisation for a specific period for undertaking a joint project;(f) the conditions of service of employees including provisions for pension,insurance, provident fund, manner of termination of service and disciplinary action;5(g) the principles governing the seniority of service of the employees of theuniversity;(h) the procedure for arbitration in cases of dispute between employees orstudents and the university;10(i) the procedure for appeal to the board of governors by any employee orstudent against the action of any officer or authority of the university;(j) the conferment of affiliation to a college or an institution or a departmentunder the university;(k) the establishment and abolition of schools, departments, centers, halls,colleges and institutions;15(l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academicdistinctions;(n) the management of campuses and affiliated colleges by the university;20(o) the delegation of powers vested in the authorities or officers of theuniversity;(p) the maintenance of discipline among the employees and students; and (q) any other matter, which by this act are to be, or may be, laid down in thestatutesstatutes how to be made2541 (1) the first statutes of the university shall be made by the board of governors with the prior approval of the central government and a copy of the same shall be laid as soon as may be it is made, before each house of parliament:provided that till such statutes are made, the provisions of existing regulations of the gujarat forensic sciences university, gandhinagar shall continue to be applicable:30provided further that till the statutes for the administrative functioning of delhi campus of the university is made, the functions in delhi campus shall continue in the same manner presently being followed by the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi(2) the board of governors may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (1):35 provided that the board of governors shall not make, amend or repeal any statutesaffecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the board of governors40(3) notwithstanding anything contained in this section, the central government may direct the university to make provisions in the statutes in respect of any matter as it may specify45(4) the power to make statutes shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes or any of them, but no retrospective effect shall be given to any statute so as to prejudicially affect the interests of any person to whom such statute may be applicableordinances42 (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; ||----------------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------------|| 5 | | || ( | b | ) the courses of study to be laid down for all degrees, diplomas and certificates || of the university; | | || ( | c | ) the medium of instruction and examination; || ( | d | ) the award of degrees, diplomas, certificates and other academic distinctions, || the qualifications for the same and the means to be taken relating to the granting and | | || obtaining of the same; | | || 10 | | || ( | e | ) the fees to be charged for courses of study in the university and for admission || to examinations, degrees and diplomas to the university; | | || ( | f | ) the conditions and institution for award of fellowships, scholarships, || studentships, medals and prizes; | | || 15 | | || ( | g | ) the conduct of examination 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 and teaching of women students and the specifying of special courses of studies for them;20(j) the establishment of centers of studies, boards of studies, specialisedlaboratories and other committees;(k) the creation, composition and functions of any other body which isconsidered necessary for improving the academic life of the university;25(l) the setting up of machinery for redressal of grievances of employees andstudents; and(m) any other matter which by this act or statutes, is to be, or may be, specified in the ordinancesordinanceshow made43 (1) save as otherwise provided in this section, ordinances shall be made by theacademic council30(2) all ordinances made by the academic council shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be, to the board of governors and shall be considered by the board of governors at its next succeeding meeting35(3) the board of governors shall have power by resolution to approve, modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be chapter vii tribunal of arbitrationtribunal of arbitration4044 (1) every employee of the university shall be appointed under a written contract,which shall be retained by the university and a copy of which shall be given to the employee concerned45(2) any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the board of governor, one member nominated by the employee concerned and chaired by an umpire appointed by the central government(3) the decision of the tribunal of arbitration shall be final and no suit shall lie in any civil court in respect of the matters decided by the said tribunal: provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the constitution526 of 1996(4) every request made by the employee under sub-section (2) shall be deemed to bea 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 of arbitration shall be laid down in the statutes10 1545 (1) any student or candidate for an examination whose name has been removedfrom the rolls of the university by an order or resolution of the vice-chancellor 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 order or copy of such resolution by him, appeal to the board of governors and the board of governors may confirm, modify or reverse the decision of the vice-chancellor, as the case may beredressal for debarment from examination and disciplinary action against students(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 44 shall apply to a reference made under this sub-section20 chapter viii miscellaneous46 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 board of governors for decisiondisputes as to constitution of authorities and bodies2547 (1) the central government may, after previous publication, make rules to carryout the purposes relating to board of governors(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 :—power of central government to make rules in respect of matters relating to board of governors(a) the manner of filling vacancies among the members of the board of governors;30(b) the disqualifications for being chosen as, and for being a member of theboard of governors;(c) the circumstances in which, and the authority by which, members may be removed;(d) the meetings of the board of governors and the procedure for conduct of business;35(e) the travelling and other allowances payable to members of the board of governors; and (f) the manner in which functions of the board of governors may be exercised48 no act of the board of governors or any other body set up under this act or the statutes, shall be invalid merely by reason of—(a) any vacancy in, or defect in the constitution thereof; oracts and proceeding not to be invalidated by vacancies, etc5(b) any defect in the election, nomination or appointment of a person acting as a member thereof; or(c) any irregularity in its procedure not affecting the merits of the case22 of 200549 the provisions of right to information act, 2005 shall apply to the university, as it were a public authority defined in clause (h) of section 2 of that actuniversity to be a public authority under right to information act10protection of action taken in good faith50 no suit or other legal proceedings shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act or statutes or ordinances made thereunder51 (1) the university shall, in discharge of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to timepower of central government to issue directions15(2) the decision of the central government as to whether a question is one of policyor not shall be finalresiduary provision 52 (1) the board of governors shall have the authority to deal with any matter pertaining to the university and not specifically dealt with in this act(2) the decision of the board of governors on all such matters shall be final2053 (1) every rule, statute or ordinance made and every notification issued under this act shall be published in the official gazettelaying of rules, statutes, ordinances and notifications2530(2) every rule, statute or ordinance made and every notification issued 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, statute, ordinance or notification or both houses agree that the rule, statute, ordinance or notification should not be made, the rule, statute, ordinance 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, statute, ordinance or notificationpower to remove difficulties3554 (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 or give such directions not inconsistent with the provisions of this act, as appears 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 the period of two years from the date of commencement of this act40(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamenttransitional provisions 55 notwithstanding anything contained in this act and the statutes made thereunder,—(a) the existing director general of the gujarat forensic sciences university, gandhinagar shall be appointed by the central government as the first vice-chancellor of the university for a period of three years and he shall be eligible for re-appointment for a further period of three years;5(b) till such time the university constitutes such authorities or committees as may be required under the provisions of this act, the existing committee or board in the gujarat forensic sciences university, gandhinagar shall continue to exercise the respective roles or, as the case may be, till the board of governors determine;10(c) the existing director of lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi shall be appointed as the campus director for delhi campus of the university till a regular director is appointed by the university;(d) the existing registrar of the gujarat forensic sciences university, gandhinagar shall be appointed as the first executive registrar of the university, or, as the case may be, till the board of governors determine1556 (1) the gujarat forensic sciences university act, 2008 is hereby repealed (2) notwithstanding such repeal,—repeal of gujarat act 17 of 200820(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the gujarat forensic sciences university act, 2008, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this act and, except as otherwise provided by or under this act or the statutes, continue in force unless and until they are superseded by any order made under this act or the statutes; and25 30(b) all the proceedings of selection committee or any other authority, if any, for the appointment or promotion of teachers and other employees that took place before the commencement of this act and all actions of the concerned authorities in respect of the recommendations of such selection committee or authority, if any, where no orders of appointment on the basis thereof were passed before the commencement of this act shall, notwithstanding that the procedure for selection has been modified by this act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take a decision to the contrary statement of objects and reasonscriminal justice covers the entire gamut of processes through which crimes are investigated, criminals identified and apprehended, judged, punished and steps taken to prevent recidivism forensic sciences, criminology and applied behavioural sciences play a critical role in criminal investigations and prevention of crimes though, augmentation of machinery and equipment in the forensic facilities in several states is done through procurement, the availability of trained and qualified manpower to use the same for criminal investigation is lacking an infusion of academic knowledge, professional skills and the requisite orientation at national level is required to attract talent into this sector to address this gap, it is proposed to establish a national forensic sciences university by upgrading the gujarat forensic sciences university, gandhinagar, gujarat, established under the state act, that is, the gujarat forensic sciences university act, 2008 and the lok nayak jayaprakash narayan national institute of criminology and forensic sciences, new delhi, as an institution of national importance2 the proposed national forensic sciences university seeks to facilitate and promote studies and research and to achieve excellence in the field of forensic science in conjunction with applied behavioural science studies, law, criminology and other allied areas and technology and other related fields for strengthening criminal justice system in the country it would be a teaching, research and affiliating university, and may affiliate colleges and other institutions in the states and union territories apart from imparting education, the proposed university would also set up centres of excellence in the area of forensic sciences and provide modern facilities in these areas3 the national forensic sciences university bill, 2020, inter alia, seeks to—(a) establish the national forensic sciences university and to declare it as an institution of national importance and to provide for its incorporation;(b) empower the university to grant degrees and other academic distinctions; (c) make the university open to all persons irrespective of gender, race, caste, creed, disability, domicile, ethnicity, social or economic background;(d) provide for authorities such as, chancellor, court, board of governors, academic council, board for affiliation and recognition, finance committee and such other authorities as may be laid down in the statutes to be authorities of the university;(e) provide that the board of governors of the university shall be responsible for the general policy making, superintendence, direction and control of the affairs of the university and shall exercise all powers of the university including the power to review the acts of the academic council;( f ) empower the university to have vice-chancellor, deans, campus directors, executive registrar and such other officers as may be laid down in the statutes;(g) provide for maintenance of a fund by the university; (h) provide for audit of accounts of the university by the comptroller and auditor-general of india;(i) empower the central government to appoint chancellor and vice-chancellor of the university;( j) provide that there shall be a tribunal of arbitration to look into any dispute arising out of the contract between the university and any employee and any dispute arising out of any disciplinary action taken by the university against a student, for speedy redressal;(k) empower the board of governors to frame the first statutes of the university with the prior approval of the central government; (l) empower the academic council to make ordinances in respect of academic matters and every ordinance so made shall be submitted for consideration and approval of the board of governors;(m) provide that the university shall be the public authority as defined in clause (h) of section 2 of the right to information act, 2005;(n) provide for laying of every rule, statute or ordinance made and every notification issued under the proposed legislation before each house of parliament 4the bill seeks to achieve the above objectivesnew delhi;amit shahthe 20th march, 2020 financial memorandumclause 4 of the bill provides for establishment and incorporation of the national forensic science, university as an institution of national importance2 the annual financial implication is estimated at 9430 crore rupees of this,5430 crore rupees is the estimated recurring expenditure and 4000 crore rupees is the nonrecurring expenditure3 the expenditure would be met from the internal revenues of the university and the consolidated fund of india through the budgetary provisions made under the ministry of home affairs memorandum regarding delegated legislationclause 41 of the bill empowers the board of governors to make the first statutes of the university with the prior approval of the central government and to make new or additional statutes or may amend or repeal the said statutes clause 40 of the bill specifies the matters in respect of which such statutes may be made under the proposed legislation these matters, inter alia, relate to: (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 appointment of teachers and academic staff working in any other university or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provisions for pension, insurance, provident fund, manner of termination of service and disciplinary action; (g) the principles governing the seniority of service of the employees of the university; (h) the procedure for arbitration in cases of dispute between employees or students and the university; (i) the procedure for appeal to the board of governors by any employee or student against the action of any officer or authority of the university; ( j) the conferment of autonomous status on a college or an institution or a department under the university; (k) the establishment and abolition of schools, departments, centers, halls, colleges and institutions; (l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;(n) the management of campuses and affiliated colleges by the university; (o) the delegation of powers vested in the authorities or officers of the university; ( p) the maintenance of discipline among the employees and students; and (q) any other matter which by the proposed legislation, is to be, or may be, laid down in the statutes2 clause 43 of the bill provides that ordinances shall be made by the academic council clause 42 of the bill specifies the matters in respect of which such ordinances may be made under the proposed legislation these matters, inter alia, relate to: (a) the admission of students to the university and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the university; (c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the university and for admission to examinations, degrees and diplomas to the university; (f) the conditions and institution for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examination 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 and teaching of women students and the specifying of special courses of studies for them; ( j) the establishment of centers of studies, boards of studies, specialised laboratories and other 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 setting up of machinery for redressal of grievances of employees and students; and (m) any other matter which by the proposed legislation or statutes, is to be, or may be, specified in the ordinances3 clause 47 of the bill empowers the central government to make, after previous publication, rules for carrying out the provisions of the proposed legislation sub-clause (2) enumerated the matters in respect of which such rules may be made these matters shall, inter alia, include: (a) the manner of filling vacancies among the members of the board of governors; (b) the disqualifications for being chosen as, and for being a member of the board of governors; (c) the circumstances in which, and the authority by which, members may be removed; (d) the meetings of the board of governors and the procedure for conduct of business; (e) the travelling and other allowances payable to members of the board of governors; and (f) the manner in which functions of the board of governors may be exercised4 clause 53 of the bill provides that every rule, statute or ordinance made and every notification issued under the proposed legislation is required to be laid before each house of parliament5 the matters in respect of which the rules, the statutes or the ordinances may be made are matters of procedural and administrative detail, and as such it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character———— a billto establish and declare an institution to be known as the national forensic sciencesuniversity as an institution of national importance to facilitate and promote studies and research and to achieve excellence in the field of forensic science in conjunction with applied behavioural science studies, law, criminology and other allied areas and technology and other related fields, and to provide for matters connected therewith or incidental thereto————

Parliament_bills

5115cf2b-8652-5a18-a9d8-6fdce26d80fa

bill no 115 of 2020 the factoring regulation (amendment) bill, 2020 a billto amend the factoring regulation act, 2011 be it enacted by parliament in the seventy-first year of the republic of india as follows:—1 (1) this act may be called the factoring regulation (amendment) act, 2020short 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 section 212 of 20122 in section 2 of the factoring regulation act, 2011 (hereinafter referred to as theprincipal act),—10(i) in clause (a), for the words commencing with "transfer by agreement" and ending with "outside india", the words "transfer by agreement to a factor of an undivided interest, in whole or in part, in the receivables of an assignor due from a debtor and includes such transfer where either the assignor or the debtor is situated or established outside india" shall be substituted;(ii) in clause (j),—5(a) in the opening portion, for the words commencing with "acquisition of receivables" and ending with "any receivables but", the words "acquisition by way of assignment of receivables of assignor for a consideration for the purpose of collection of such receivables or for financing, whether by way of making loans or advances or otherwise, against such assignment, but" shall be substituted;10(b) in sub-clause (i), after the word "bank", the words "or a non-banking financial company" shall be inserted; (iii) for clause (p), the following clauses shall be substituted, namely:—15'(p) "receivables" means the money owed by a debtor and not yet paid to the assignor for goods or services and includes payment of any sum, by whatever name called, required to be paid for the toll or for the use of any infrastructure facility or services;(pa) "regulations" means regulations made by the reserve bank under this act;'; (iv) after clause (s), the following clause shall be inserted, namely:—2051 of 2007'(sa) "trade receivables discounting system" means a payment system authorised by the reserve bank under section 7 of the payment and settlement systems act, 2007 for the purpose of facilitating financing of trade receivables;' 3 in section 3 of the principal act,—amendment of section 325(i) in sub-section (2), the proviso and the explanation shall be omitted;(ii) for sub-section (4), the following sub-section shall be substituted, namely:—"(4) the reserve bank may grant the certificate of registration in such manner as may be specified by regulations" 4 in section 19 of the principal act,—amendment of section 19(i) for sub-section (1), the following sub-section shall be substituted, namely:—3054 of 200235"(1) every factor shall register the particulars of every transaction of assignment of receivables in his favour with the central registry set up under section 20 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, within such time from the date of such assignment, in such manner and subject to payment of such fee, as may be prescribed"; (ii) after sub-section (1), the following sub-section shall be inserted, namely:—40"(1a) where any trade receivables are financed through a trade receivables discounting system, the particulars specified in sub-section (1)and sub-section (3) shall be filed with the central registry on behalf of the factor by the trade receivables discounting system concerned, in such manner as may be specified by regulations"5 after section 31 of the principal act, the following section shall be inserted, namely:—insertion of new section 31a45"31a (1) the reserve bank may, by notification, make regulations consistent with this act to carry out the provisions of this actpower 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:—(a) the manner of granting certificate of registration under sub-section (4)of section 3;5(b) the manner of filing of particulars of transactions with the centralregistry on behalf of factors under sub-section (1a) of section 19;(c) any other matter which is required to be, or may be, specified byregulations1015(3) every regulation shall, as soon as may be after it is made by the reservebank, be forwarded to the central government and that central government shall cause a copy of the same to be laid 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 regulation, or both houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation"206 in section 32 of the principal act, in sub-section (2), in clause (a), for the words"the form and manner", the words "the time within which, the form and manner" shall be substituted statement of objects and reasonsthe factoring regulation act, 2011 was enacted to provide for regulating the assignment of receivables to factors, registration of factors carrying on factoring business and the rights and obligations of parties to the contract for assignment of receivables2 though the very purpose of the said act was to address the problems of delay in payment and liquidity faced by all enterprises, including micro, small and medium enterprises, the said problems persist these enterprises continue to face delay in payment against their bills for supplies made to various buyers due to this, their working capital gets locked and further production activities by such enterprises get hampered therefore, in january, 2019, the reserve bank of india had constituted an expert committee on micro, small and medium enterprises under the chairmanship of shri uk sinha to suggest long-term measures for the economic and financial sustainability of said sector3 the expert committee has recommended that, (i) non-banking finance companies, other than those non-banking finance companies whose principal business is factoring, should also be permitted to discount invoices on trade receivables discounting system in order to widen the scope of financiers; (ii) the trade receivables discounting system concerned should be permitted to act as agents of financiers for filing registration of charges with the central registry as it would bring operational efficiency; and (iii) the time period for registration of invoice and satisfaction of charge upon it should be reduced in order to check possibility of dual financing4 after considering the above recommendations, the government has decided to amend the factoring regulation act, 2011 on the above lines and has also declared its intention in the budget speech of 2019-20 and 2020-21 the amendments are expected to help micro, small and medium enterprises significantly, by providing added avenues for getting credit facility, especially through trade receivables discounting system increase in the availability of working capital may lead to growth in the business of the micro, small and medium enterprises sector and also boost employment in the country5 the factoring regulation (amendment) bill, 2020, inter alia, seeks to—(i) amend the definitions of "assignment", "factoring business" and"receivables", so as to bring them in consonance with international definitions and also to insert a new definition of "trade receivables discounting system" in section 2;(ii) amend section 3 to widen the scope of financiers and to permit other nonbanking finance companies also to undertake factoring business and participate on the trade receivables discounting system platform for discounting the invoices of micro, small and medium enterprises;(iii) amend sub-section (1) of section 19 to reduce the time period for registration of invoice and satisfaction of charge upon it, in order to avoid possibility of dual financing; and also to insert a new sub-section (1a) in that section to allow the concerned trade receivables discounting system to register charge with the central registry on behalf of the factors using the platform;(iv) insert a new section 31a to empower the reserve bank of india to make regulations with respect to factoring business 6 the bill seeks to achieve the above objects new delhi;nirmala sitharamanthe 3rd september, 2020 financial memorandumthe provisions of the bill do not involve any expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 5 of the bill seeks to insert a new section 31a in the factoring regulation act, 2011 so as to empower the reserve bank of india to make regulations in respect of matters relating to, (a) the manner of granting certificate of registration; (b) the manner of filing of particulars of transactions with the central registry on behalf of factors; and (c) any other matter which is required to be specified by regulationsclause 6 of the bill seeks to amend clause (a) of sub-section (2) of section 32 of the said act to empower the central government to make rules to provide the time within which every factor shall register the particulars of every transaction of assignment of receivables in his favour with the central registrythe matters in respect of which rules and regulations 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 factoring regulation act, 2011 (12 of 2012)definitions2 in this act, unless the context otherwise requires,—(a) "assignment" means transfer by agreement, of undivided interest of any assignor in any receivable due from any debtor in favour of a factor and includes an assignment where either the assignor or the debtor, are situated or established outside indiaexplanation—for the purposes of this clause, undivided interest of any assignor in any receivable shall not include creation of rights in receivables as security for loans and advances or other obligations by a bank or a financial institution;(j) "factoring business" means the business of acquisition of receivables of assignor by accepting assignment of such receivables or financing, whether by way of making loans or advances or otherwise against the security interest over any receivables but does not include—(i) credit facilities provided by a bank in its ordinary course of business against security of receivables; (p) "receivables" means all or part of or undivided interest in any right of any person under a contract including an international contract where either the assignor or the debtor or the assignee is situated or established in a state outside india; to payment of a monetary sum whether such right is existing, future, accruing, conditional or contingent arising from and includes, any arrangement requiring payment of toll or any other sum, by whatever name called, for the use of any infrastructure facility or services; chapter ii registration of factors3 (1) registration of factors(2) every factor shall make an application for registration to the reserve bank in such form and manner as it may specify:provided that a company registered as a non-banking financial company and existing on the commencement of this act and engaged in factoring business as its principal business before such commencement shall make an application for registration as a factor to the reserve bank before the expiry of the period of six months from such commencement and, notwithstanding anything contained in sub-section (1), may continue to carry on the factoring business until a certificate of registration is issued to it or rejection of application for registration is communicated to itexplanation—for the removal of doubts it is hereby clarified that a non-banking financial company engaged in factoring business shall be treated as engaged in factoring business as its "principal business" if it fulfils the following conditions, namely:—(a) if its financial assets in the factoring business are more than fifty per cent of its total assets or such per cent as may be stipulated by the reserve bank; and(b) if its income from factoring business is more than fifty per cent of the gross income or such per cent as may be stipulated by the reserve bank(4) in the case of existing non-banking financial company the reserve bank may issue a fresh certificate of registration as a factor, if the principal business of the nonbanking financial company is the factoring business chapter v registration of assignment54 of 2002registration of certain assignments of receivables transactions19 (1) every factor shall file, for the purposes of registration, the particulars of every transaction of assignment of receivables in his favour with the central registry to be setup under section 20 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, within a period of thirty days from the date of such assignment or from the date of establishment of such registry, as the case may be, in the manner and subject to payment of such fee as may be prescribed in this behalfexplanation—for the purpose of filing of particulars of every transaction of assignment of receivables with the central registry, the receivables may be described specifically or generally with reference to the debtor, or the period to which they relate or by any other general description by which such receivables can be identified 32 (1) power 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 form and manner in which the transactions of assignment of receivables in favour of a factor shall be filed and the fee for filing such transaction under sub-section (1) of section 19;———— a billto amend the factoring regulation act, 2011————(smt nirmala sitharaman, minister of finance and corporate affairs)

Parliament_bills

ec5a63d6-8d3f-52ee-a202-dd418b80bd9c

the road transport corporations (amendment) bill, 1956(as introduced in lok sabra) the road transport corporations (amendment) bill, 1956 (as introducd ~ lok sabha) abill to amend the road transport corporations act, 1950 be it enacted by parl'iamert in the seventh year of the republic of india as follows:-1 (1) this act may be called the road transport corporations short title (amendment) act, 1956 64 of 1950 - , 2 after sect:on 47 of the road transport corporations act, 1950, insertion the following section shall be inserted, namely:-~!:ti~: 47a 37 of 1956 10 15 20 "47a (1) where on account of the reorganisation of states spec!~l provision under the states reorganisation act, 1956 the whole or any for reconspart of a state in respect of which a corporation was, ~i~tif~t~ immediately before the 1st day -of november, 1956, functioning ofs:r~a~ and operating, is transferred on that day to another state and t~orporaby reason of such transfer, it appears to the state government ions necessary or expedient that the corporation should be reconstituted or reorganised in any manner whatsoever or that it should be dissolved, the state government may frame a scheme for the reconstitution, reorganisation or dissolution of the corporation including proposals regarding the formation of new corporations, the amalgmation, of the corporation with any other corporation, body corporate or a commercial undertaking of another state government, the transfer w the assets rights and liabilities of the corporation in whole or in part to any other corporation, body corporate or a commercial undertaking of another state government and the transfer or re-employment of any' workmen of the corporation, and the state gov-emment may forward the scheme to the central government for approval ezplamti<m-for the purpose of framing any scheme under this sub-section, "state government",-(i) in relation to the bombay state road transport 5 corporation, the kutch state road transport corporation and the saurashtra state road transport corporation, shall mean the government of the state of bombay, as formed under the states reorganisation act, 1956; and (ii) in relation to the pepsu road transport corpora- 10 tion, shall mean the government of the state of punjab, as formed under the provisions of the states reorganisation act, 1956 ' (2) on receipt of any such scheme, the central government may, after consultation with the state governments is concerned, approve the scheme with or without modifications and for the purpose of giving effect to the approved scheme, the central government may, from time to time, make such order in relation thereto as it thinks fit and every order so made shall have effect notwithstanding anything contained in this act 20 (3) any order made under sub-section (2) may provide for all or any of the following matters namely:-(a) the dissolution of the corporation notwithstanding anything contained in section 39; (b) the reconstitution or reorganisation, in any manner 2s whatsoever, of the corporation including the establishment, where necessary, of more than one corporation in any state; (c) the amalgamation of two or more corporations, or of one corporation with any other body corporate 'or a 30 commercial undertaking of any other state government; (d) the extension of the area for which the corporation is established, or the exclusion of any area therefrom; (e) the transfer, in whole or in part, of the assets, rights and liabilities of the corporation ipcluding the 3s transfer ofi>any licences or permits granted to the corporation, to any other corporation,' body corporate or a commercial undertaking of any other state government, and tb~ terms and conditions of such transfer; (f) the transfer or re-employment of any workmen of the coiporationto, or by, any such transferee, ald, subject to the provisions of section 111 of the states reorganisation act, 1956, the terms and conditions of service applicable to such workmen after such transfer or re-employment; (g) such incidental, consequential and supplemental matters as may be necessary to give effect to the approved scheme 10 (4) where an order is made under this section transferring the assets, rights and liabilities of any corporation, then, by virtue of that order, such assets, rights and liabilities of the corporation shall vest in, and be the assets, rights and inabilities of, the transferee" i, 3 (1) the road transport corporations (amendment) nance, 1956, is hereby repealed ordi- repeal of ordinance 8 of 1956 (2) notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by or under the said ordinance shall be deemed to have been done or taken in the 20 exercise of the powers conferred by or under this act as if this act were in force on the date on which such thing was done or action was taken statement of objec'l's and reasonsunder the road transport corporations act, 1950, some of the state governments have established road transport corporations for their states with a view to provide an efficient and economical system of road transport service therein on account of the territorial changes brought about by the re-organisation of states, some of the road transport corporations have to function in more l than one state and some states have more than one corporation functioning within their jurisdiction although under section 109 of the states reorganisation act, 1956, road transport corporations can function and operate with effect from the 1st november, 1956, in those areas in which they were functioning and operating immediately before that day; it was thought that administrative difficulties might arise if a road transport corporation were to function in areas included in another state or if there were more than one such corporation functioning within the same state in order to overcome these difficulties, it was considered necessary to take immediate steps for the re-constitution and· re-organisation of the existing road transport corporations of states in accordance with the scheme of re-organisation of states an ordinance amending the road transport corporations act, 1950, for the purpos~ was, therefore, promulgated on 1st november, 1956 this bill merely seeks to replace the ordinance by an act of parliament new delhi; the 20th novemberl 1956 lal bahadur a bill to amend the road transpon corporatioll5 act, 19sg (shri lal bahatlur, minister of railways trnd rrans;ort)

Parliament_bills

98b56ba1-478e-5258-9d50-ae68b868d45b

the central excises· and salt (amendment) bill, 19s6(as introduced in lolt sabra) the central excises and salt (amendment) bill, 1956 (as introduced in lok sabra) a billfurther to amend the centtal excises and salt act, 1944 be it enacted by parliament in the seventh year of the republic of india as follows:-1 this act may be called the central excises and salt short title (amendment) act, 1956 5 z in the first schedule to the central excises and salt act, 1944, amendm~t in item no 12,-of the fmt (a) in sub-item (1), for the words 'two annas and six pies l~ed;e, or per square yard', the words 'six annas per square yard' shall be 1944 substituted ; )0 (b) in sub-item (2), for the words 'one anna and nine ries per square yard', the words 'six annas per square yard' shal be substituted; (c) in sub-item (3), for the words 'one anna per square yard', the words 'four annas per square yard' shall be substituted; , is (d) for sub-item (4), the following sub-item shall be substituted, name1y:-:10 "(4) cotton fabrics, coars~that is to say, fabrics in which the average count of yarn is less than 178 four annas per square yard" declaration under the provisional collection of taxes act, 1931it is hereby declared that it is expedient in the public interest that the provisions of clause 2 of this bill shall have immediate effect under the provisional collection of taxes act, 1931 statement of objects and reasonsduring the last few months, prices of mill cloth have recorded increases which are out of proportion to the increase in cotton pricel, the following table of indices gives the trend of prices of both cotton cloth and cotton: ,---------coami mdlvm fine stlpbitmu | coth | cotton ||---------|-----------|| cloth | || cotton | || cloth | || cotton | || cloth | || cotton | || month | || price | || mix | || price | || mix | || price | || mix | || price | || mix | || 195 | || 6 | || price | || price | || price | || price | || jan, | || 39'60 | 14'35 || 46'j3 | || js'l~ | || 65'60 | a9'7a || jop'37 | || 40'61 | || pcb, | || 39'60 | 14'35 || is'la | 6s'80 || ~9'72 | || lop '80 | 40'61 || march, | || 4j '37 | || j4'3s | || 50'56 | || 18'ia | || 73'6;3 | 39'72 || jsz'so | 40'61 || april | || 4s'50 | || is'oi | || 58'8!! | || 18'16 | || 75'67 | || 33'06 | || 15 | || 8'50 | || 47'''' | || may | || 47'57 | || is'oj | || 64'90 | || 18'16 | || 84'3(1 | || 33'06 | || 16 | || 4'80 | || 47'34 | || june | || 46'7 | || 8 | || 15'01 | || 64'93 | || 18'16 | || 83'70 | 33'06 || 16s'si | || 47'34 | |2 in a typical case, namely, long cloth of the medium category, the statement below will show how wholesale prices have risen by one anna per yard between april and august 1956 even though on the basis of the current costs, the ex-mill price of the cloth, as determined by the formula prescribed by the tariff commission, should remain unaltered: ,,:ill febrau-y aprll aquat 1956 19$6 19s6 8& a p, ri, a p, ri, a p, (i) whole_ price per yard 1 i 0 j i 6 j a 6 ~) pair ex-mill price 0 14 sl 0 i~ ii 0 j4 11 (3) i!zcise duty indudida bandloom cess 0 0 sl 0 j 3 0 1 3 (4) wholesaler's margin 0 0 6 0 0 6 0 0 6 (5) wholcaaler's price i 0 0 i 0 8 i 0 8 (6) &tra profit made by the wholesaler 0 i 0 0 0 10 0 i 10 in certain qualities such as coarse drill, the extra profits are as high as 40 per cent, clearly, advantage has been taken of the larger demand for cloth to earn unreasonably high profits, 3, it is necessary to mop off these extra'profits and the proposal in the bill is intended to achieve this object, as market conditions vary from time to time, it is d~able to have some flexlbuityin the hands of government to deal with the situation as it arises from time to time, , _'i' i 4 the duties proposed in the bill are 4 annas per sq yd on coarse and medium cloth and 6 annas per sq rd on fine and superfine cloth it is not intended, however, imme(ilately to enforce these rates to the full extent some increases are being made now and it is the intention that a constant watch be kept ()n the movement of prices and to the extent that excessive profits are made in relation to the fair ex-mill price as worked out on the basis of the formula of ·the tariff commission, an increasing percentage of such profits may be taken away as excise duty correspondingly, if prices indicate a downward trend, necessary adjustments will be made in the excise duty 5 under the provisional collection of taxes act, 1931, the rates proposed in the bill become effective from the midnight of the 31st august 1956 simultaneously, however, a notification is being issued under rule 8 of the central excise rules, 1944, by which exemptions are being given from these ceiling rates so as to make the following rates of duty effective from the 1st september, 1956, as against the current rates shown in the preceding column: per square yard (exclusive of handloom oess) current propoeed rates rates 0 2 6 0 4 0 0 j 9 0 3 0 0 i 0 0 2 0 (0) superfine (li) fine (c) medium cd) coarse (dhoties and &arees) 0 0 6 0 0 6 0 j 0 0 i 6 <o!) coarse <all other varieties) government are satisfied that the rates proposed above are sufficient to take care of the present situation new delili, t t krishnamachari the 31st august, 1956 billfunher to amend the central excises and salt act, 1944 the president has, in pursuance of clause (1) of article 117 and alause (1) of article 274 of the constitution of india, recommended to the lok sabha the introduction of the bill m n kaul, secretary (shri t t kri,jmamachari minuter oj commeru and industry)

Parliament_bills

dd7ba899-5cf6-5abd-860a-41e48d1791b5

bill no i of 2008 the constitution (amendment) bill, 2008 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title1 (1) this act may be called the constitution (amendment) act, 2008amendment of article 73 statements of objects and reasonsindia is the largest democracy in the world where people are supreme and the power and authority ultimately remain with them after a heroic and prolonged struggle and sacrifices india attained independence in 1947 and a republican constitution was adopted, through the vast experience of the freedom struggle, an independent foreign policy was evolved by our forefathers, which was acceptable to all sections of the people it has enhanced the prestige of the country and its peoplein the present world situation where there are attempts to impose unilateralism and unipolarity, the need for a clear independent foreign policy to protect national interest is essential since many international treaties and agreements have a long life extending beyond tenure of a government, it is necessary to ensure a stronger sanction for such treaties through ratification by parliamenthence, this billbrinda karat annexure extract from the constitution of india 73 (1) subject to the provisions of this constitution, the executive power of the union shall extend—extent of executive power of the union(a) to the matters with respect to which parliament has power to make laws;and(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government of india by virtue of any treaty or agreement provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this cosntitution or in any law made by parliament, extend in any state to matters with respect to which the legislature of the state has also power to make laws(2) until otherwise provided by parliament, a state and any officer or authority of a state may, notwithstanding anything in this article, continue to exercise in matters with respect to which parliament has power to make laws for that state such executive power or functions as the state or officer or authority thereof could exercise immediately before the commencement of this constitution rajya sabha———— a billfurther to amend the constitution of india————(shrimati brinda karat, mp)gmgipmrnd—4736rs(s5)—29-12-2008

Parliament_bills

ee63aa0a-430e-5f4e-aa21-b547b6017391

bill no 108 of 2017 the protection of children from sexual offences (amendment) bill, 2017 by shri nishikant dubey, mp a billfurther to amend the protection of children from sexual offences act, 2012be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the protection of children from sexual offences(amendment) act, 2017short title and commencementomission of section 19no 32 of 20122 in the protection of children from sexual offences act, 2012, section 19 shall be omitted statement of objects and reasonssection 19 of the protection of children from sexual offences act, 2012 compels even court judges, hearing a divorce case or in marriage discord cases to provide information to police authorities or otherwise face penal punishment under section 21 of the said act this places an unacceptable onus on the public and public judicial persons on their mere apprehension of a possible offence being committedhence this billnew delhi;nishikant dubeyjanuary 11, 2017 annexureextracts from the protection of children from sexual offences act, 2012(no 32 of 2012) chapter v procedure for reporting of cases2 of 197419 reporting of offences: (1) notwithstanding anything contained in the code of criminal procedure, 1973, any person (including the child), who has apprehension that an offence under this act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to—(a) the special juvenile police unit; or (b) the local police(2) every report given under sub-section (1) shall be—(a) ascribed an entry number and recorded in writing; (b) be read over to the informant; (c) shall be entered in a book to be kept by the police unit(3) where the report under sub-section (1) is given by a child, the same shall be recorded under sub-section (2) in a simple language so that the child understands contents being recorded(4) in case contents are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, shall be provided to the child if he fails to understand the same(5) where the special juvenile police unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection including admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report, as may be prescribed(6) the special juvenile police unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the child welfare committee and the special court or where no special court has been designated, to the court of session, including need of the child for care and protection and steps taken in this regard(7) no person shall incur any liability, whether civil or criminal, for giving the information in good faith for the purpose of sub-section (1) lok sabha———— a billfurther to amend the protection of children from sexual offences act, 2012————(shri nishikant dubey, mp)gmgipmrnd—977ls(s3)—11-07-2017

Parliament_bills

edecb372-4c81-52f9-954e-d9b4bd5d81cf

bill no xxxiii of 2016 the representation of the people (amendment) bill, 2016 a billfurther to amend the representation of the people act, 1950be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the representation of the people (amendment) act, 2016short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in section 16 of the representation of the people act, 1950 in sub-section(2) after the existing proviso, the following proviso shall be inserted, namely:—amendment of section 16 of act 43 of 195010"provided further that in the matter of electoral rolls maintained in the state of goa, no name shall be struck off by the election commission or any authority under the election commission on reasons of an elector losing his indian citizenship merely on ground that his birth stands registered in portugual on account of any decree or order passed by the appropriate authority in portugal, permitting people of goa born before the liberation of the territory, to register their births in that country, unless by a specific judgement or order, the election commission is directed to do so" statement of objects and reasonsthousands of goans born in "estado da india", ie goa, daman & diu, prior to19121961, and in dadra & nagar haveli, prior to 21081954 and their births registered in the civil registration offices of these territories before the above mentioned dates have been given a facility by the portuguese government by issuing an order in 2006, to register their birth in portugalthere is an urgent need to protect thousands of other indian citizens who were residing in the erstwhile union territory of goa, daman and diu and dadra and nagar haveli who got their births registered in portugal, in the last seven to eight years in the bonafide belief that such a registration will help them to go to europe freely, without any hassles some others, believed that the facility may help them easy access to the foreign universities there was, apparently, no intention, of the most of the applicants that, in the process, they would lose the indian citizenshipthe issue has taken a complicated turn as these thousands of indian citizens are likely to be considered as non-citizens and/or there is a danger of their losing indian citizenship if, the provisions of the citizenship act, 1955 are not interpreted by taking into this backgroundthe government gave an assurance in the rajya sabha that a solution would be found out for the vexed problem, and that the government is keen to solve the problem however, the government has now announced the creation of an authority to examine each of the affected person's cases, to decide on the citizenship issue this is going to consume a considerable time as elections are fast apporaching, there is a need to protect the names of these citizens from deletion by the election commission therefore, it is proposed to amend the representation of people act, 1950 so that no name shall be deleted by the commission from the electoral rolls mantained in the state of goaall these aspects are going to badly affect fundamental rights of a vast number of goans, more particularly voters belonging to minority community, as they will be sent back from the polling boothshence this billshantaram naik annexure extract from the representation of the people act, 1950 (no 43 of 1950)16 (1) a person shall be disqualified for registration in an electoral roll if he—(a) is not a citizen of india; or(b) is of unsound mind and stands so declared by a competent court; or disqualifications for registration in an electoral roll(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections(2) the name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included:provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorising such removal rajya sabha———— a billfurther to amend the representation of the people act, 1950————(shri shantaram naik, mp)gmgipmrnd—2254rs(s3)—05082016

Parliament_bills

f43b8128-54db-5674-9e59-4721264d92e7

financial memorandumclause 5 provides for setting up of a centre for welfare, rehabilitations and adoption of children in cach district of the state the central government will bear expenditure incurred in respect of union territories and the state governments will bear expenditure incurred in respect of states from their respective funds the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that annual recurring expenditure of about rupees three crore is likely to be involved a non-recurring expenditure of about rupees five lakh is also likely to be involved memorandum regarding delegated legislation- clause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill these rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character

Parliament_bills

38129a50-707c-58b9-bb9e-f38c574972c2

the indian institutes of information technology bill, 2014—————— arrangement of clauses—————— chapter i preliminary clauses1 short title and commencement 2 declaration of certain institutions as institutions of national importance 3 definitions chapter ii the institutes4 incorporation of institutes 5 effect of incorporation of institutes 6 objects of institute 7 powers and functions of institute 8 institutes to be open to all races, creeds and classes 9 teaching at institute 10 institute to be a distinct legal entity not-for-profit 11 visitor chapter iii authorities of centrally funded indian institute of information technology12 authorities of institute 13 board of governors 14 term of office of, vacancies among, and allowances payable to, members of board 15 powers and functions of the board of governors 16 senate 17 powers and functions of senate 18 finance committee 19 powers and functions of finance committee 20 building and works committee 21 powers and functions of building and works committee22 research council 23 meetings 24 director 25 registrar 26 other authorities and officers 27 review of performance of institute chapter iv accounts and audit clauses28 grants by central government 29 fund of institute 30 accounts and audit 31 pension and provident fund 32 appointments 33 statutes 34 statutes how to be made 35 ordinances 36 ordinances how to be made 37 tribunal of arbitration 38 annual report of director 39 annual report of each institute chapter v the council40 council of institutes41 term of office and allowances payable to members of council 42 functions and duties of council 43 power to make rules in respect of matters in this chapter chapter vi miscellaneous44 acts and proceedings not to be invalidated by vacancies, etc45 returns and information to be provided to central government or state government 46 power of central government to issue directions 47 institute to be public authority under right to information act48 transitional provisions 49 power to remove difficulties 50 laying of rules and notificationthe schedule bill no 98 of 2014 the indian institutes of information technology bill, 2014 a billto declare certain institutions of information technology to be institutions of national importance, with a view to develop new knowledge in information technology and to provide manpower of global standards for the information technology industry and to provide for certain other matters connected with such institutions or incidental thereto be it enacted by parliament in the sixty-fifth year of the republic of india as follows:— chapter i preliminary2 whereas the objects of the institutes mentioned in the schedule are such as to make them institutions of national importance, it is hereby declared that each such institute is an institution of national importancedeclaration of certain institutions as institutions of national importance definitions3 in this act, unless the context otherwise requires,—5(a) "board", in relation to any institute, means the board of governors referredto in sub-section (1) of section 13;(b) "chairperson" means the chairperson of the board of governors appointedunder sub-section (2) of section 13;10(c) "council" means the council established under sub-section (1) of section40;(d) "director" means the director of the institute; (e) "existing institute" means the institute mentioned in column (3) of the schedule;(f) "institute" means any of the institutions mentioned in column (5) of the schedule;15(g) "prescribed" means prescribed by rules made under this act; (h) "schedule" means the schedule to this act; (i) "senate", in relation to any institute, means the senate thereof;20(j) "statutes" and "ordinances", in relation to any institute, means the statutes and ordinances of the institute made under this act chapter ii the institutesincorporation of institutes4 (1) on and from the commencement of this act, every existing institute, shall be abody corporate by the same name as mentioned in column (5) of the schedule25(2) every existing institute referred to in column (5) of the schedule shall have perpetualsuccession 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 sued5 on and from the commencement of this act,—30effect of incorporation of institutes(a) any reference to a society in any contract or other instrument shall be deemedas a reference to the corresponding institute mentioned in column (5) of the schedule;(b) all properties, movable and immovable, of or belonging to every existinginstitute shall vest in the corresponding institute mentioned under column (5) of the schedule;35(c) all rights and debts and other liabilities of every existing institute mentionedin column (3) of the schedule shall be transferred to, and be the rights and liabilities of, the corresponding institute mentioned in column (5) of the schedule;40(d) every person employed by every existing institute mentioned in column (3)of the schedule, immediately before such commencement shall hold his office or service in the corresponding institute mentioned in column (5) of the schedule, with the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and othermatters as he would have held the same if this act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes:5provided that if the alteration so made is not acceptable to such employee, hisemployment may be terminated by the institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the institute, of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees:10provided further that any reference, by whatever form of words, to the director,registrar and other officers of an existing institute mentioned in column (3) of the schedule, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the director, registrar and other officers of the corresponding institute mentioned in column (5) of the schedule;15(e) every person pursuing, before the commencement of this act, any academicor research course in every existing institute mentioned in column (3) of the schedule, shall be deemed to have migrated and registered with the corresponding institute mentioned in column (5) of the schedule, on such commencement at the same level of course in the institute from which such person migrated;20(f) all suits and other legal proceedings instituted or which could have beeninstituted by or against an existing institute, mentioned in column (3) of the schedule, immediately before the commencement of this act shall be continued or instituted by or against the corresponding institute mentioned in column (5) of the schedule6 each institute shall have the following objects, namely:—objects of institute25(a) to emerge amongst the foremost institutions in information technology andallied fields of knowledge;(b) to advance new knowledge and innovation in information technology andallied fields to empower the nation to the forefront in the global context;30(c) to develop competent and capable youth imbued with the spirit of innovationand entrepreneurship with the social and environmental orientation to meet the knowledge needs of the country and provide global leadership in information technology and allied fields;(d) to promote and provide transparency of highest order in matters of admission,appointments to various positions, academic evaluation, administration and finance357 (1) subject to the provisions of this act, every institute shall exercise the followingpowers and perform the following functions, namely:—powers and functions of institute(a) to provide instruction in such fields of knowledge concerning informationtechnology and allied areas as such institute may think fit, for the advancement of learning and dissemination of knowledge;40(b) to lead, organise and conduct research and innovation in informationtechnology and allied fields of knowledge in such manner as the institute may think fit, including in collaboration or in association with any other institute, educational institution, research organisation or body corporate;(c) to hold examinations and grant degrees diplomas and other academic distinctions or titles; and to confer honorary degrees;45(d) to institute teaching, research or other academic positions, required by the institute with such designations as it may deem fit, and to appoint persons on tenure, term or otherwise to such positions, other than the post of director;| ( | e | ) to appoint persons working in any other institute or educational institution ||---------------------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------------|| or involved in research of significance in any industry as adjunct, guest or visiting | | || faculty of the institute on such terms and for such duration as the institute may | | || decide; | | || ( | f | ) to create administrative and other posts and to make appointments thereto; || 5 | | || ( | g | ) to make provision for dissemination of knowledge emerging from research || and for that purpose to enter into such arrangements, including consultancy and | | || advisory services, with other institutions, industry, civil society or other organisations, | | || as the institute may deem necessary; | | || 10 | | || ( | h | ) to create a website, highlight all information not restricted to those related to || students, admission, fee, administrative structure, policies including recruitment rules, | | || faculty and non-faculty posts, annual reports and financial details including statement | | || of account of the institute; | | || 15 | | || ( | i | ) to determine, specify and receive payment of the charges, as the institute may || deem fit, from person, institution or body corporate for services, including training, | | || consultancy and advisory services, provided by the institute; | | || ( | j | ) to deal with any property belonging to or vested in, the institute in such || manner as the institute may deem fit for advancing the objects of the institute: | | || provided that no land or other immoveable property shall be disposed of by the | | || institute without the prior approval of the central government: | | || 20 | | |provided further that where the land for the institute has been provided free of cost by a state government, such land may be disposed of only with the prior approval of such state government;25(k) to receive gifts, grants, donations or benefactions from the government andto receive bequests, donations and transfers of moveable or immovable properties from testators, donors or transferors, as the case may be;(l) to co-operate with educational or other institutions in any part of the worldhaving objects wholly or partly similar to those of the institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects;30(m) to establish and maintain such infrastructure as may be necessary, incidentalor conducive to the attainment of the objects of the institute;(n) to institute and award fellowships, scholarships, exhibitions, prizes and medals;35(o) to strive to meet the technological needs of the states and the union territoriesby supporting technical educational institutions; and(p) to do all such things as may be necessary, incidental or conducive to theattainment of all or any of the objects of the institute(2) notwithstanding anything contained in sub-section (1), an institute shall not dispose of in any manner any immovable property, without the prior approval of the visitor408 (1) every institute shall be open to all persons irrespective of gender, caste, creed, disability, domicile, ethnicity, social or economic backgroundinstitute to be open to all races, creeds and classes(2) no bequest, donation or transfer of any property shall be accepted by any institute which in the opinion of the council involves conditions or obligations opposed to the spirit and object of this section45(3) admissions to every programme of study in each institute shall be based on merit assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such institute:5 of 2007provided that every such institute shall be a central educational institution for the purposes of the central educational institutions (reservation in admission) act, 2006teaching at institute9 all teaching at each of the institute shall be conducted by or in the name of the institute in accordance with the statutes and ordinances made in this behalf510 each institute shall be a not-for-profit legal entity and no part of the surplus, if any,in revenue of such institute, after meeting all expenditure in regard to its operations under this act, shall be invested for any purpose other than for the growth and development of such institute or for conducting research thereininstitute to be a distinct legal entity not-forprofitvisitor11 (1) the president of india shall be the visitor of every institute10(2) the visitor may appoint one or more persons to review the work and progress ofany institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct15(3) upon receipt of any such report, the visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions within a reasonable time chapter iii authorities of centrally funded indian institute of information technology12 the following shall be the authorities of an institute, namely:—authorities of institute(a) board of governors; (b) senate;20(c) finance committee;(d) building and works committee; (e) research council;25(f) such other authorities as may be declared by the statutes to be the authoritiesof the instituteboard of governors13 (1) the board of governors of each institute shall be the principal executive body of that institute(2) the board of governors of each institute shall consist of the following members, namely:—30(a) a chairperson, an eminent technologist or industrialist or educationist to benominated by the visitor from a panel of three names recommended by the central government;(b) secretary incharge of information technology or higher education in thestate in which the institute is located, ex officio;35(c) one representative of the department of higher education, government ofindia dealing with indian institute of information technology, ex officio;(d) one representative of the ministry of communication and informationtechnology, government of india, ex officio;(e) director of indian institute of technology to be nominated by the central government;40(f) director of indian institute of management to be nominated by the central government;(g) four persons having special knowledge or practical experience in respect of information technology or engineering or science or allied areas to be nominated by the council;| | | ( | h | ) two professors of the institute nominated by the senate; ||----|----|------------------------------|------------|--------------------------------------------------------------|| ( | i | ) director of the institute, | ex officio | ; || 5 | | | | || ( | j | ) the registrar | ex officio | secretary |14 (1) save as otherwise provided in this section, the term of office of member of the board, other than the ex officio member, shall be three years from the date of nomination(2) the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member10term of office of, vacancies among, and allowances payable to, members of board(3) the term of office of a member nominated under clause (h) of sub-section (2) of section 13 shall be two years from the date of nomination(4) a member of the board, other than an ex officio member, who fails to attend three consecutive meetings of the board, shall cease to a member of the board15(5) notwithstanding anything contained in this section, an outgoing member shall, unless the council directs, continue in office until another person is nominated as a member in his place(6) members of the board shall be entitled to such allowances, as may be specified in the statutes, for attending meetings of the board or as may be convened by the institute20powers and functions of board of governors15 (1) subject to the provisions of this act, the board of every institute shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall have the power to frame, amend, modify or rescind the statutes and ordinances governing the affairs of the institute to achieve the objects specified in section 6(2) without prejudice to the provisions of sub-section (1), the board shall have the following powers, namely:—25(a) to take decisions on questions of policy relating to the administration andworking of the institute;(b) to establish departments, faculties or schools of studies and initiateprogrammes or courses of study at the institute;(c) to examine and approve the annual budget estimates of such institute;30(d) to examine and approve the plan for development of such institute and toidentify sources of finance for implementation of the plan;35(e) to create teaching and other academic posts, to determine, by statutes, thenumber and emoluments of such posts and to define the duties and conditions of service of teachers and other academic staff:provided that the board shall not take action otherwise than on consideration of the recommendations of the senate;(f) to provide, by statutes, the qualifications, criteria and processes for appointment to teaching and other posts in such institute;40(g) to fix fees, by the statutes and other charges to be demanded for pursuit ofstudies in the institute;(h) to make statutes governing the administration, management and operations of such institute; and(i) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this act or statutes45(3) the board shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this act(4) the board shall conduct an annual review of the performance of the director with specific reference to his leadership in the context of the achievement of the objects of the institute5(5) where in the opinion of the director or the chairperson, the situation is so emergent that an immediate decision needs to be taken in the interest of the institute, the chairperson, in consultation with the director may issue such orders as may be necessary, recording the grounds for his opinion:10provided that such orders shall be submitted for ratification of the board in the next meetingsenate16 (1)the senate of each institute shall consist of the following persons, namely:—(a) director of the institute, ex officio chairperson;(b) deputy director, ex officio; (c) deans, ex officio;15(d) heads of the departments of the institute, ex officio;(e) all professors other than the deans or heads of the departments;(f) three persons from amongst educationists of repute or persons from another field related to the activities of the institute who are not in service of the institute, nominated by the board of governors;20(g) three persons who are not members of teaching staff co-opted by the senate for their specialised knowledge;(h) registrar of the institute, ex officio, secretary25(2) the term of office of members other than ex officio member shall be two years from the date of nomination(3) the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a memberpowers and functions of senate17 (1) subject to the provisions of this act, the senate shall be the principal academic body of the institute and shall have the power to enact, amend, modify ordinances, governing academic matters and the affairs and well-being of students in the institute30(2) without prejudice to the provisions of sub-section (1), the senate shall have the following powers, namely:—(a) to specify the criteria and process for admission to courses or programmes of study offered by the institute;35(b) to recommend to the board creation of teaching and other academic posts,determination of the number and emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts;(c) to recommend to the board about commencement of new programmes orcourses of study;40(d) to specify the broad academic content of programmes and courses of studyand undertake modifications therein;(e) to specify the academic calendar and approve grant of degrees, diplomas andother academic distinctions or titles;45(f) to appoint examiners, moderators, tabulators and such other personnel fordifferent examinations;| ( | g | ) to recognise diplomas and degrees or universities and other institutes and ||-----------------------------------------------------------------------------------------------|----------------------------------------------------------------------------|------------------------------------------------------------------------------------|| to determine equivalence with the diplomas and degrees of the institute; | | || ( | h | ) to suggest measures for departmental co-ordination; || ( | i | ) to make major recommendations to the board of governors on— || 5 | | || ( | a | ) measures for improvement of standard of teaching, training and || research; | | || ( | b | ) institution of chairs, fellowships, scholarships, studentships, free-ships, || medals and prizes and other related matters; | | || ( | c | ) establishment or abolition of departments or centers; and || 10 | | || ( | d | ) bye-laws covering the academic functioning of the institute, discipline, || residence, admissions, examinations, award of fellowships and studentships, | | || free-ships concessions, attendance and other related matters; | | || ( | j | ) to appoint sub-committees to advise on such specific matters as may be || referred to by the board of governors or by itself; | | || 15 | | || ( | k | ) to consider the recommendations of the sub-committees and to take such || action including making of recommendations to the board of governors as may be | | || required; | | || 20 | | || ( | l | ) to take periodical review of the activities of the departments or centers and to || take appropriate action including making of recommendations to the board of governors | | || with a view to maintain and improve the standards of instructions, in the institutions; | | || and | | || ( | m | ) to exercise such other powers and discharge such other functions as may be || assigned to it, by statutes or otherwise, by the board | | || finance | | || committee | | || 18 | ( | 1 || namely:— | | || 25 | | || ( | a | ) the chairperson, board of governors || of the committee; | | || 30 | | || ( | b | ) one representative of the government of india, ministry of human resource || development, department, of higher education handling the matters relating to indian | | || institute of information technology; | | || ( | c | ) one representative of the government of india, ministry of human resource || development, department of higher education handling the matters relating to finance; | | || ( | d | ) two persons nominated by the board; || ( | e | ) the director, || 35 | | || ( | f | ) the officer in charge of finance and accounts of the institute || secretary | | || ( | 2 | ) the members of the finance committee other than || office for a term of three years | | || 40 | | || 19 | the finance committee shall examine the accounts, scrutinise proposals for | || expenditure and financial estimates of the institute and thereafter submit it to the board of | | || governors together with its comments for approval | | |powers and functions of finance committee20 the building and works committee of each institute shall consist of the following persons, namely:—building and works committee(a) the director, ex officio, who shall be the chairperson of the committee;(b) one person nominated by indian institute of technology located in the statein which the institute is situated;(c) one person nominated by the board from amongst its members; (d) dean, planning and development;5(e) a civil engineer not below the rank of superintending engineer in thegovernment or government agency nominated by the board;(f) an electrical engineer not below the rank of superintending engineer in thegovernment or government agency nominated by the board;(g) the officer incharge of estate of the institute ex officio secretary1021the building and works committee shall discharge the following powers andfunctions, namely:—powers and functions of building and works committee(a) it shall be the responsibility of the committee for construction of all majorcapital works after securing from the board the necessary administrative approval and financial sanction;15(b) it shall have the power to give the necessary administrative approval andfinancial sanction for all construction work and work pertaining to maintenance and repairs, within the grant place at the disposal of the institute for the purpose;(c) it shall cause to be prepared estimates of cost of building and other capitalwork minor works, repair, maintenance and the like;20(d) it shall be responsible for making technical scrutiny of each work as may beconsidered necessary by it;(e) it shall be responsible for enlistment of suitable contractors and acceptanceof tenders and shall have the power to give direction for departmental works where necessary25research council22 (1) each institute shall establish a research council comprising of the director andsuch other members as may be specified, by statutes, by the board(2) the research council of each institute shall –(a) interface with research funding organisations, industry and civil society toidentify potential areas for research;30(b) to organise and promote research in such institute or in collaboration withany institution of higher learning or research laboratories;(c) assist teachers in obtaining funding from external sources for research projectsprepared by them;35(d) provide, out of the funds placed at its disposal by the board, research resourcesand grant assistance for research projects proposed to be undertaken by teachers in such institute;(e) provide for incubation of technology applications emerging from researchand to protect and utilise the intellectual property obtained from research in the institutes;40(f) make provision for research and advisory services and for that purpose enterinto such arrangements with other institutions, industry, civil society or other organisations and enable the fruits of research to be disseminated to industry and society through such arrangements;45(g) exercise such other powers and perform such other duties as may be assignedto it by statutesmeetings23 (1) the chairperson shall ordinarily preside over the meetings of the board, financecommittee and at the convocations of the institute(2) it shall be the duty of the chairperson to ensure that the decisions taken by the board are implemented5(3) the chairperson shall exercise such other powers and perform such other duties asmay be assigned to him by this act or the statutesdirector24 (1) the director of a institute shall be appointed by the central government froma panel of names recommended in order of merit by a search-cum-selection committee with prior aproval of the visitor(2)the search-cum-selection committee shall consist of the following, namely: —10(a) an eminent person to be nominated by the minister in charge of humanresource development in the governmnet of india as chairperson of the committee;(b) the chairperson, board of governors of the concerned indian institutes ofinformation technology - member, ex officio;15(c) secretary incharge of higher education in the government of india - member,ex officio;(d) director of a indian institutes of information technology to be nominated byminister incharge of human resource development - member, ex officio;(e) a person of eminence in the field of information technology to be nominatedby minister incharge of human resource development;20(f) head of bureau, ministry of human resource development dealing withindian institutes of information technology - non-member secretary, ex officio(3) the director shall be appointed on such terms and conditions of service as may be provided by the statutes25(4) the director shall be the principal academic and executive officer of the instituteand shall be responsible for the implementation of the decisions of the board and senate and day-to-day administration of the institute(5) the director shall exercise such other powers and perform such other duties asmay be assigned to him by this act or the statutes or delegated by the board or the senate or the ordinances30(6) the director shall submit annual reports and audited accounts to the board35(7) the director may during his absence from the headquarters, authorise the deputydirector or one of the deans or the senior most professor present, to sanction advances for travelling allowances, contigencies and medical treatment of the staff and sign and countersign bills on his behalf and authorise to the deputy director or one of the dean or the senior most professor present, by him in writingregistrar25 (1) the registrar of every institute shall be appointed on such terms and conditionsas may be laid down by the statutes and shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the board shall commit to his charge40(2) the registrar shall act as the secretary of the board, senate and such committees as may be prescribed by the statutes(3) the registrar shall be responsible to the director for the proper discharge of his functions45(4) the registrar shall exercise such other powers and perform such other duties asmay be assigned to him by this act or the statutes or by the director26 (1) the board may, by statutes, declare such other posts as authorities of the institute and specify the duties and function of each such authorityother authorities and officers(2) the board may constitute such authorities as it may deem fit for proper management of affairs of the institute5review of performance of institute27 (1) each institute shall, within five years from the establishment and incorporationof institute under this act and thereafter at the expiration of every fifth year, constitute, with the prior approval of the central government, a committee to evaluate and review the performance of the institute in achievement of its objects in the said period10(2) the committee under sub-section (1) shall consist of members of acknowledged repute in academia or industry, drawn from such fields of knowledge as may have relevance to teaching, learning and research in such institute(3) the committee shall assess the performance of institute and make recommendations on—15(a) the extent of fulfilment of the objects of the institute referred to in section 6, as demonstrated by the state of teaching, learning and research and its contribution to society;(b) the promotion of transformational research and its impact on industry and society;(c) the advancement of fundamental research beyond the current frontiers of knowledge;20(d) the establishment of the institute as amongst the global leaders in the area of information technology;(e) such other matters as the board may specify25(4) the board shall consider the recommendations referred to in sub-section (3) and take such action on it as it may deem fit:provided that the recommendations of the committee along with an explanatory memorandum on the action taken or proposed to be taken, specifying the reasons thereof, shall be submitted to the central government chapter iv accounts and audit30grants by central government28 (1) for the purposes of enabling the institutes to discharge their functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to each institute in every financial year such sums of money in such manner as it may think fit35(2) the central government shall provide to each institute, grants of such sums ofmoney as are required to meet the expenditure on scholarships or fellowships instituted by it, including scholarships or fellowships for students from socially and educationally backward classes of citizens enrolled in such institute29 (1) every institute shall maintain a fund to which shall be credited —fund of institute40(a) all monies provided by the central government or state government, as thecase may be;(b) all fees and other charges received by the institute from students; (c) all monies received by the institute by way of grants, gifts, donations,benefactions, bequests or transfers;| ( | d | ) all monies received by the institute from utilisation of intellectual property ||-----------------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------------|| arising from research conducted or provision of advisory or consultancy services by | | || it; and | | || ( | e | ) all monies received by the institute in any other manner or from any other || source | | || 5 | | || 10 | | || ( | 2 | ) the fund of every institute shall be applied towards meeting the expenses of the || institute, including expenses incurred in the exercise of its powers and discharge of its duties | | || under this act, furtherance of research in the institute or in collaboration with other educational | | || institutions or industry and for capital investment aimed at the growth and development of | | || the institute | | || accounts and | | || audit | | || 30 | ( | 1 || prepare annual statement of accounts including the balance sheet in such form and accounting | | || standard as may be specified by notification, by the central government in consultation with | | || the comptroller and auditor-general of india | | || 15 | | |(2) where the statement of income and expenditure and the balance sheet of the institute do not comply with the accounting standards, the institute shall disclose in its statement of income and expenditure and balance sheet, the following, namely:—| ( | a | ) the deviation from the accounting standards; ||-----|-----|--------------------------------------------------------------------|| ( | b | ) the reasons for such deviation; and || 20 | | || ( | c | ) the financial effect, if any, arising out due to such deviation |(3) the accounts of every institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by audit team in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india25(4) the comptroller and auditor-general of india and any person appointed by him inconnection with the audit of the accounts of any institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts and, in particular shall have the rights to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute30(5) the accounts of every institute as certified by the comptroller and auditor-generalof india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament in accordance with such procedure as may be laid down by the central government35pension and provident fund31 (1) every institute may constitute for the benefit of its employees such providentor pension fund or provide such insurance scheme 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 fund40appointments32 all appointments of the staff of every institute, except that of the director, shall bemade in accordance with the procedure laid down in the statutes, by–45(a) the board, if the appointment is made on the academic staff in the post ofassistant professor or if the appointment is made on the non-academic staff in every cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for group a officers;(b) the director, in any other casestatutes33 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) the conferment of honorary degree; (b) the formation of departments of teaching;5(c) the fees to be charged for courses of study in the institute and for admissionto the examinations of degrees and diplomas of the institute;(d) the institution of fellowships, scholarships, exhibitions, medals and prizes; (e) the terms of office and the method of appointment of officers of the institute; (f) the qualifications of teachers of the institute;10(g) the classification, the method of appointment and the determination of theterms and conditions of service of teachers and other staff of the institute;(h) the constitution of pension, insurance and provident funds for the benefit ofthe officers, teachers and other staff of the institute;(i) the constitution, powers and duties of the authorities of the institute;15(j) the establishment and maintenance of halls and hostels; (k) the conditions of residence of students of the institute and the levying offees for residence in the halls and hostels and of other charges;(l) the allowances to be paid to the chairperson and members of the board; (m) the authentication of the orders and decisions of the board; and20(n) the meetings of the board, the senate, or any committee, the quorum at suchmeetings and the procedure to be followed in the conduct of their businessstatutes how to be made34(1) the first statutes of each institute shall be made by the board with the prior approval of the visitor and a copy of the same shall be laid as soon as may be before each house of parliament25(2) the board may, from time to time, make new or additional statutes or may amend orrepeal the statutes in the manner provided in this section(3) every new statutes or addition to the statutes or any amendment or repeal of statutes shall require the prior approval of the visitor who may grant assent or withhold assent or remit it to the board for consideration30(4) new statutes or a statute amending or repealing an existing statute shall have novalidity unless it has been assented to by the visitor:provided that the central government with the prior approval of the visitor may make or amend the statutes for the institute, if the same is required for uniformity, and a copy of the same shall be laid as soon as may be before each house of the parliamentordinances3535 subject to the provisions of this act and the statutes, the ordinances of everyinstitute may provide for all or any of the following matters, namely:—(a) the admission of the students to the institute; (b) the courses of study to be laid down for all degrees and diplomas of theinstitute;40(c) the conditions under which students shall be admitted to the degree ordiploma courses and to the examinations of the institute, and shall be eligible for degrees and diplomas;(d) the conditions of award of the fellowships, scholarships, exhibitions, medalsand prizes;45(e) the conditions and mode of appointment and duties of examining bodies,examiners and moderators;(f) the conduct of examinations; (g) the maintenance of discipline among the students of the institute; and (h) any other matter which by this act or the statutes is to be or may be provided for by the ordinances536 (1) save as otherwise provided in this section, ordinances shall be made by thesenateordinances how to be made(2) all ordinances made by the senate shall have effect from such date as it may direct,but every ordinance so made shall be submitted, as soon as may be, to the board and shall be considered by the board at its next meeting10(3) the board shall have power by resolution to modify or cancel any such ordinanceand such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may betribunal of arbitration1537 (1) (a)any dispute arising out of a contract between a institute and any of itsemployees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor(b) the decision of the tribunal shall be final and shall not be questioned in anycourt(c) no suit or proceeding shall lie in any court in respect of any matter, which isrequired by sub-section (1) to be referred to the tribunal of arbitration20(d) the tribunal of arbitration shall have power to regulate its own procedure: provided that the tribunal shall have regard to the principles of natural justicewhile making such procedure(e) nothing in any law for the time being in force relating to arbitration shallapply to arbitrations under this section25(2) any student or candidate for an examination whose name has been removed fromthe rolls of the institute by the orders or resolution of the director of the institute and who has been debarred from the appearing at the examinations of the institute for more than one year, may within ten days of the date of receipt of such resolution by him, appeal to the board of governors who may confirm, modify or reverse the decision of the director30(3) any dispute arising out of any disciplinary action taken by the institute against astudent shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-section (1) shall, as far as may be, apply to a reference made under this sub-section35(4) every employee or student of the institute, notwithstanding anything contained inthis act, have a right to appeal within such time as may be prescribed by the statutes, to the board of governors against the decision of any officer or authority of the institute as the case may be and thereupon the board of governors may confirm, modify or reverse the decision appealed against40annual report of director38 (1) there shall be attached to every statement of accounts laid before the board ofeach institute, a report by its director, with respect to –(a) the state of affairs of such institute; (b) the amounts, if any, which it proposes to carry to any surplus reserves in itsbalance sheet;45(c) the extent to which understatement or overstatement of any surplus of incomeover expenditure or any shortfall of expenditure over income has been indicated in the auditor's report and the reasons for such understatement or overstatement;(d) the productivity of research projects undertaken by the institute measured inaccordance with such norms as may be specified by any statutory regulatory authority;(e) appointments of the officers and teachers of the institute;(f) benchmark and internal standards set by the institute, including the nature ofinnovations in teaching, research and application of knowledge5(2) the director shall also be bound to give the complete information and explanationsin its report aforesaid on every reservation, qualification or adverse remark contained in the auditors' report10annual report of each institute39 (1) the annual report of each institute shall be prepared under the direction of theboard, which shall include, among other matters, the steps taken by the institute towards the fulfilment of its objects and an outcome based assessment of the research being undertaken in such institute, and be submitted to the board on or before such date as may be specified and the board shall consider the report in its annual meeting15(2) the annual report on its approval by the board shall be published on the website of the institute(3) the annual report of each institute shall be submitted to the central government who shall, as soon as may be, cause the same to be laid before both houses of parliament chapter v the council20council of institutes40 (1) in order that there may be better coordination between the institutes, thecentral government may, by notification in the official gazette, establish, with effect from such date as may be specified in the notification, there shall be established for all the institutes specified in column (5) of the schedule, a central body to be called the council(2) the council shall consist of the following, namely:—25(i) the minister of the central government in charge of technical education, whoshall be the chairperson of the council, ex officio;(ii) two members of parliament of india (one member to be nominated by speakerof lok sabha and one member to be nominated by chairperson of rajya sabha), ex officio;30(iii) secretary, government of india, ministry of human resource development,department of higher education;(iv) the chairpersons of each of the institutes, ex officio;(v) the directors of each of the institutes, ex officio; (vi) the director-general, council of scientific and industrial research, ex officio;35(vii) three persons to be nominated by the central government, one each torepresent the ministry concerned with finance, science and technology and information technology;40(viii) three persons to be nominated by visitor, who shall be persons havingspecial knowledge or practical experience in respect of industry, academia, engineering, alumni and social sciences to be nominated by the council from a panel comprised of two names recommended by each institute;(ix) one representative of university grants commission; (x) one representative of all india council of technical education; and (xi) chairperson, central board of secondary education(3) an officer of the department of higher education, government of india, concerned with technical education shall be nominated by that government to act as the secretary of the council5(4) the council may, at its discretion, constitute a standing committee of the indian institute of information technology council to assist the council in discharge of its duties and responsibilities(5) the expenditure on the council shall be met by the central government 41 (1) save as otherwise provided in this section, the term of office of a member of the council, other than an ex officio member, shall be for a period of three years from the date of nomination10term of office and allowances payable to members of council(2) the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member(3) the term of office of a member elected under clause (ii) of sub-section (2) of section 40 shall expire as soon as he ceases to be a member of the house which elected him15(4) notwithstanding anything contained in this section, an outgoing member shall, unless the council directs, continue in office until another person is nominated as a member in his place(5) members of the council shall be entitled to travelling and such other allowances, as may be prescribed, for attending meetings of the council or its committees thereof2042 (1) the council shall work to coordinate the activities of all the institutesfunctions and duties of council(2) without prejudice to the provisions of sub-section (1), the council shall perform the following functions, namely:—25(a) to advise on matters relating to the duration of the courses, the degrees andother academic distinctions to be conferred by the institutes, admission standards and other academic matters;(b) to lay down policy regarding cadres, methods of recruitment and conditionsof service of employees, institution of scholarships and free-ships, levying of fees and other matters of common interest;30(c) to examine the development plans of each institute and to approve such ofthem as are considered necessary and also to indicate broadly the financial implications of such approved plans;(d) to examine the annual budget estimates of each institute and to recommendto the central government the allocation of funds for that purpose;35(e) to recommend to the central government, the institution of scholarshipsincluding research and for the benefit of students belonging to the scheduled castes, the scheduled tribes and backward classes of citizens;(f) to recommend to the central government, proposals for establishment of newinstitutes of information technology;40(g) to advise the visitor, if so required, in respect of any function to be performedby him under this act; and(h) to perform such other functions as may be referred to it by the centralgovernment :provided that nothing in this section shall derogate the powers and functions vested by law in the board or senate or other authorities of each institute45(3) the chairperson of the council shall ordinarily preside at the meetings of the council and in his or her absence, any other member, chosen by the members present from amongst themselves at the meeting, shall preside at the meeting(4) the council shall meet once in every year and follow such procedure in its meetings as may be prescribed43 (1) the central government may, after previous publication, by notification, make rules to carry out the purposes of this chapter5power to make rules in respect of matters in this chapter(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 travelling and other allowances payable to members of the council under sub-section (5) of section 41;(b) the procedure to be followed in the meetings of the council under sub-section (4) of section 4210 chapter vi miscellaneous44 no act of the council, or any institute, board or senate or any other body set-up under this act or the statutes, shall be invalid merely by reason of —(a) any vacancy in or defect in the constitution thereof;15acts and proceedings not to be invalidated by vacancies, etc(b) any irregularity in its procedure not affecting the merits of the case; (c) any defect in the selection, nomination or appointment of a person acting asa member thereof2045 every institute shall furnish to the central government such returns or other information with respect to its policies or activities as the central government may, for the purpose of reporting to parliament or for the making of policy, from time to time requirereturns and information to be provided to central government or state government46 the institute shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this actpower of central government to issue directions22 of 200547 the provisions of the right to information act, 2005 shall apply to each institute,defined in clause (h) of section 2 of the right to information act, 200525institute to be public authority under right t o information act48 (1) notwithstanding anything contained in this act—transitional provisions30(a) the board of governors of an institute functioning as such immediately before the commencement of this act shall continue to so function until a new board is constituted for that institute under this act, but on the constitution of a new board under this act, the members of the board holding office before the commencement of this act shall cease to hold office;35(b) every senate constituted in relation to every institute before the commencement of this act shall be deemed to be the senate constituted under this act until a senate is constituted under this act for the institute, but on the constitution of the new senate under this act, the members of the senate holding office before the commencement of this act shall cease to hold office;(c) the statutes, ordinances, rules, regulations and bye-laws of each existing institute as in force, immediately before the commencement of this act, shall continue to apply to the corresponding institute in so far as they are not inconsistent with the provisions of this act until the first statutes and the ordinances are made under this act;510(d) any student who joined classes of the existing institute on or after the academic year 2007-2008 or completed the course on or after the academic year 2010- 2011 shall for the purpose of clause (c) of sub-section (1) of section 7, be deemed to have pursued a course of study in the existing institute located at kancheepuram only if such student has not already been awarded degree or diploma for the same course of study (2) the central government may, without prejudice to the provisions of sub-section (1), if it considers necessary and expedient to do so, by notification, take such measures which may be necessary for the transfer of the existing institute mentioned in column (3) of the schedule to the corresponding institute mentioned under column (5) of the schedule15power to remove difficulties49 (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 it to be necessary or expedient for removing the difficulty:20provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this act(2) every order made under this section shall, as soon as may be, after it is made, be laid before each house of parliament25laying of rules and notification3050 every rule made and every notification issued by the central government under this act, 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 the schedule [see section 4(1)]| si name of the | name of the existing institute | location | name of the ||------------------------|----------------------------------|---------------------------------|---------------|| no state | institute under | | || this act | | | || (1) (2) | (3) | (4) | (5) || 1 | uttar pradesh | indian institute of information | allahabad || technology, allahabad | information | | || technology, | | | || allahabad | | | || 2 | madhya | indian institute of information | gwalior || pradesh | technology, gwalior | vajpayee indian | || institute of | | | || information | | | || technology, and | | | || management, | | | || gwalior | | | || 3 | madhya | indian institute of information | jabalpur || pradesh | technology, design and | prasad mishra | || manufacturing | indian institute of | | || information | | | || technology, | | | || design and | | | || manufacturing, | | | || jabalpur | | | || 4 | tamil nadu | indian institute of information | kancheepuram || technology, design and | information | | || manufacturing | technology, | | || design and | | | || manufacturing, | | | || kancheepuram | | | | statement of objects and reasonseducation is a key element for developing human resources and contributing to the growth of the society from a relatively small beginning, the indian information technology (it) industry has emerged as a strong and credible force and is now recognised as a major constituent of the global it services industry in order to develop manpower for different areas of knowledge economy, education and training in information technology is a prerequisite2 a major objective in establishing indian institutes of information technology (iiits)is also to set up a model of education which can produce best-in-class human resources in it and harnessing the multi-dimensional facets of it in various domains these are conceived as research-led institutions contributing significantly to the global competitiveness of key sectors of the indian economy and industry with application of it in selected domain areas while the number of students produced by these iiits may be small, the impact they are likely to create will be substantial3 the bill seeks to provide the four existing iiits funded by the central government independent statutory status with uniform governance structure and policy frame work as also to declare them as institutions of national importance and to enable them to grant degrees to their students in the academic courses conducted by these institutes4 the bill seeks to achieve the above objectivesnew delhi;smriti zubin iranithe 5th august, 2014 notes on clausesclause 1—this clause provides for the short title and commencement of the proposed legislationclause 2—this clause provides for declaration of certain institutions as institutions of national importanceclause 3—this clause provides for definitions of various expressions used in the proposed legislation, which, inter alia, include "existing institute", "institute" "prescribed", etcclause 4—this clause provides for incorporation of institutes sub-clause (1) of the said clause provides that on and from the commencement of the act—(a) every existing institute, shall be a body corporate by the same name as mentioned under column (5) of the said schedule; sub-clause (2) provides that every existing institute referred to in column (5) of the schedule shall have perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be suedclause 5—this clause provides for effect of incorporation of institutes it provides that on and from the date of commencement of this act–(a) any reference to any existing institute in any contract or other instrument shall be deemed as a reference to the corresponding institute mentioned in column (5) of the schedule; (b) all properties, movable and immovable, of or belonging to every existing institute shall vest in the corresponding institute mentioned under column (5) of the schedule; (c) all the rights, debts and other liabilities of every existing institute mentioned in column (3) of the schedule shall be transferred to, and be the rights and liabilities of, the corresponding institute mentioned in column (5) of the schedule; (d) every person employed by any existing institute mentioned in column (3) of the schedule, immediately before such commencement, shall hold his office or service in the corresponding institute mentioned in column (5) of the schedule, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and the terms and conditions are duly altered by the statutes however, the sub-clause provides that if the alteration so made is not acceptable to such employee, his employment may be terminated by the institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the institute of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees the said subclause further provides that any reference, by whatever form of words, to the director, registrar or other officer of an existing institute mentioned in column (3) of the schedule, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the director, registrar or other officer of the corresponding institute column (5) of the schedule; (e) every person pursuing, any academic or research course immediately before such commencement in any existing institute mentioned in column (3) of the schedule, shall be deemed to have migrated and registered with the corresponding institute mentioned in column (5) of the said schedule at the same level of course in such institute from which such person migrated; (f) all suits and other legal proceedings instituted by or against an existing institute, immediately before the commencement of this act, may be continued or instituted by or against the corresponding institute mentioned in column (5) of the scheduleclause 6—this clause provides for objects of institutes it provides that the objects of every institute shall be to—(a) emerge as one amongst the foremost institutions in information technology and allied fields of knowledge; (b) advance new knowledge and innovation-tin information technology and allied fields to empower the nation to the forefront in the global context; (c)develop competent and capable youth imbued with the spirit of innovation and entrepreneurship with the social and environmental orientation to meet the knowledge needs of the country and provide global leadership in information technology and allied fields; (d) promote and provide transparency of highest order in matters of admission, appointment to various positions, academic evaluation, administration and financeclause 7—this clause provides for powers and functions of institutes it provides that subject to the provisions of this act, every institute shall exercise the following powers and perform the following functions—(a) to provide for instructions in such fields of knowledge relating to information technology and allied areas as such institute may think fit, for the advancement of learning and dissemination of knowledge; (b) to lead, organise and conduct research and innovation in information technology and allied fields of knowledge in such manner as the institute may think fit, including collaboration or association with any other institute, educational institution, research organisation or body corporate; (c) to hold examinations and grant degrees, diplomas and other academic distinctions or title and to confer honorary degree; (d) to institute teaching, research or other academic positions, required by the institute with such designations as it may deem fit, and to appoint-persons on tenure, term or otherwise to such positions, other than the post of director; (e) to appoint persons working in any other institute or educational institution or involved in research of significance in any industry as adjunct, guest or visiting faculty of the institute on such terms and for such duration as the institute may decide; (f) to create administrative and other posts and to make appointments thereto; (g) to make provision for dissemination of knowledge emerging from research and for that purpose to enter into such arrangements, including consultancy and advisory services, with other institutions, industry, civil society or other organisations, as the institute may consider necessary; (h) to create a website, to highlight all information not restricted to those related to students, admission, fee, administrative structure, policies including recruitment rules, faculty and non-faculty posts, annual reports and financial details including statement of account of the institute; (i) to determine, specify and receive payment of the charges, as the institute may deem fit, from students and any other person, institution or body corporate for services, including training, consultancy and advisory services, provided by the institute; (j) to deal with any property belonging to, or vested in, the institute in such manner as the institute may deem fit for advancement of the objects of the institute and no land or other immovable property shall be disposed of by the institute without the prior approval of the central government and where the land for the institute has been provided free of cost by a state government, such land may be disposed of only with the prior approval of such state government; (k) to receive gifts, grants, donations or benefactions from the government and to receive bequests, donations and transfer of movable or immovable properties from testators, donors or transferors, as the case may be; (l) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects; (m) establish and maintain such infrastructure as may be necessary; (n) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (o) to strive to meet the technological needs of the states and the union territories by supporting technical educational institutions; and (p) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the institute sub-clause (2) provides that notwithstanding anything contained in sub-clause (1), an institute shall not dispose of in any manner any immovable property, without the prior approval of the visitorclause 8—this clause provides that each institutes shall be open to all races, creeds and classes sub-clause (1) of the said clause provides that every institute shall be open to all citizens, irrespective of gender, caste, creed, disability, domicile, ethnicity, social or economic background sub-clause (2) provides that no bequest, donation or transfer of any property shall be accepted by any institute which in the opinion of the council involves conditions or obligations opposed to the spirit and object of this section sub-clause (3) of the said clause provides that admissions to every course or programme of study in each institute shall be based on merit assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such institute however, every such institute shall be a central educational institution for the purposes of the central educational institutions (reservation in admission) act, 2006clause 9— this clause provides that all teaching at each institute shall be conducted by or in the name of the institute in accordance with the statutes and ordinances made in this behalf clause 10—this clause provides that every institute shall be a not-for-profit legal entity and no part of the surplus, if any, in revenue of such institute, after meeting all expenditure in regard to its operations under this act, shall be invested for any purpose other than for the growth and development of such institute or for conducting research thereinclause 11—this clause provids for visitor sub–clause (1) provides that the president of india shall be the visitor of every institute sub-clause (2) provides that the visitor may appoint one or more persons to review the work and progress of any institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct sub-clause (3) provides that upon receipt of any such report, the visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions within reasonable timeclause 12—this clause provids for authorities of institutes, namely,(a) board of governors; (b) senate; (c) finance committee ; (d) building and works committee (e) research council; (f) such other authorities as may be declared by the statutes to be the authorities of the instituteclause 13—this clause provides for the board of governors sub-clause (1) of the said clause provides that the board of governors of each institute shall be the principal executive body of that institute sub-clause (2) of the said clause provides that the board of governors of each institute shall consist of the following members—-(a) a chairperson, an eminent technologist or industrialist or educationist to be nominated by the visitor from a panel of three names recommended by central government; (b) secretary in charge of information technology or higher education in the state in which the institute is located, ex officio; (c) one representative of the department of higher education, government of india dealing with indian institute of information technology, ex officio; (d) one representative of the ministry of communication and information technology, government of india, ex officio; (e) director of indian institute of technology to be nominated by the central government; (f) director of an indian institute of management to be nominated by the central government; (g) four persons having special knowledge or practical experience n respect of information technology or engineering or science or allied areas to be nominated by the council; (h) two professors of the institute nominated by the senate; (i) director of the institute , ex officio; and (j) the registrar, ex officio secretaryclause 14 –—this clause provides for term of office of, vacancies among, and allowances payable to, members of board sub-clause (1) of the said clause provides that save as otherwise provided in this section, the term of office of member of board, other than an ex officio member, shall be three years from the date of his nomination sub-clause (2) of the said clause provides that the term of office of an ex officio member shall continue as long as he holds the office by virtue of which he is a member sub-clause (3) provides that the term of a member nominated under clause (h) of sub-clause (2) of clause 13 shall be two years from the date of nominationsub-clause (4) provides that a member of the board, other than an ex officio member, who fails to attend three consecutive meetings of the board, shall cease to be a member of the board sub-clause (5) provides that notwithstanding anything contained in this section, an outgoing member shall, unless the council directs continue in office until another person is nominated as a member in his place sub-clause (6) provides that members of board shall be entitled to such allowances, as may be specified in statutes, for attending meetings of the board as may be convened by the instituteclause 15 - this clause provides for the powers and functions of the board of governorssub clause (1) provides that subject to the provisions of this act, the board of every institute shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall have the power to frame , amend, modify or rescind the statutes and ordinances governing the affairs of the institute to achieve the objects specified in clause 6 sub-clause (2)provides that without prejudice to the provisions of sub-clause (1), the board shall have the following powers, namely, (a) take decisions on questions of policy relating to administration and working of the institute; (b) establish departments, faculties or schools of studies and initiate programmes or courses of study at the institute; (c) examine and approve the annual budget estimates of such institute; (d) examine and approve the plan for development of such institute and to identify sources of finance for implementation of the plan; (e) create teaching and other academic posts, to determine, by statutes, the number and emoluments of such posts and to define the duties and conditions of service of teachers and other academic staff but the board shall not take action otherwise than on consideration of the recommendations of the senate; (g) provide by statutes, the qualifications, criteria and processes for appointment to teaching and other posts in such institute; (h) fix fees, by the statutes and other charges to be demanded for pursuit of studies in the institute; (i) make statutes governing the administration, management and operations of such institute; and (j) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this act or statutes sub-clause (3) of this clause provides that the board shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this act sub-clause (4) of this clause that the board shall conduct an annual reviews the performance of director with specific reference to his leadership in the context of the achievement of the objects of the institute sub-clause (5) of this clause provides that where in the opinion of the director or the chairperson the situation is so emergent that an immediate decision needs to be taken in the interest of the institute, the chairperson in consolation with the director may issue such orders as may be necessary, recording the grounds for his opinion however, such orders shall be submitted for ratification the board in the next meetingclause 16—this clause provides for the senate sub-clause (1) of this clause provides for the constitution of the senate, shall consist of—(a) director of the institute, ex officio, chairperson; (b) deputy director, ex offcio; (c)deans, ex officio; (d) heads of the department of the institute, ex officio; (e) all professors other than the deans or heads of the department; (f) three persons from amongst educationists of repute or persons from another field related to the activities of the institute who are not in service of the institute, nominated by the board of governors; (g) three persons who are not members of teaching staff co-opted by the senate for their specialized knowledge; and (i) registrar of the institute, ex officio, secretary sub-clause (2) of this clause provides that the terms of office of members other than ex officio member shall be two years from the date of nomination sub-clause (3) of this clause provides that the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a memberclause 17—this clause provides for the powers and functions of the senatesub-clause (1) of this clause provides that subject to the provisions of this act, the senate shall be the principal academic body of the institute and shall have the power to enact, amend, modify ordinances, governing academic matters and the affairs and well being of students in the institute sub-clause (2) of this clause provides that without prejudice to the provisions of sub-section (1), the senate shall have the following powers, namely—(a) specify the criteria and process for admission to courses or programmes of study offered by the institute; (b)recommend to the board creation of teaching and other academic posts, determination of the number of emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts; (c) recommend to the board commencement of new programmes or courses of study; (d) specify the board academic content of programmes and courses of study and undertake modifications therein; (e) specify the academic calendar and approve grant of degrees, diplomas and other academic distinctions or titles; (f) appoint examiners, moderators, tabulators and such other personnel for different examinations; (g) recognise diplomas and degrees or universities and other institutes and to determine equivalent with the diplomas and degrees of the institute; (h) suggest measures for departmental co-ordination; and (i) make major recommendations to the board of governors on—(a) measures for improvement of standard of teaching, training and research; (b) institution of chairs, fellowships, scholarships, studentships, free-ships, medals and prizes and other related matters; (c) establishment or abolition of department or centers; and (d) bye-laws covering the academic functioning of the institute, discipline, residence, admissions, examinations, award of fellowships and studentships, free-ships concessions, attendance and other related matters; (j) appoint sub-committees to advise on such specific matters as may be referred to by the board of governors or by itself; (k) consider the recommendations of the sub-committees and to take such action including making of recommendations to the board of governors as may be required; (l) take periodical review of the activities of the departments or centers and to take appropriate action including making of recommendations to the board of governors with a view to maintain and improve the standards of instructions, in the institutions; and (m) exercise such other powers and discharge such other functions as may be assigned to it, by statutes or otherwise, by the boardclause 18–this clause provides for the finance committee of the institutions subclause (1) provides for the constitution of the finance committee, namely—(a) the chairperson, board of governors ex officio who shall be the chairperson of the committee; (b) one representative of the government of india, ministry of human resource development, department of higher education handling the matters relating to indian institute of information technology; (c) one representative of the government of india, ministry of human resource development, department of higher education handling the matters relating to finance; (d) two persons nominated by the board; (e ) the director, ex officio; and (f) the officer in-charge of finance and accounts of the institute ex officio secretary sub-clause (2) of this clause provides that the members of the finance committee other than ex officio members shall hold office for a term of three yearsclause 19–this clause provides that the finance committee shall examine the accounts, scrutinise proposals for expenditure and financial estimates of the institute and thereafter submit it to the board of governors together with its comments of approvalclause 20–this clause provides for the building and works committee of the institutes, the building and works committee consists of—(a) the director, ex officio, who shall be the chairperson of the committee; (b) one persons nominated by indian institute of technology located in the state in which the institute is situated; (c) one person nominated by the board from amongst its members; (d) dean, planning and development; (e) a civil engineer not below the rank of superintending engineer in the government or government agency nominated by the board; (f) an electrical engineer not below the rank of superintending engineer in the government or government agency nominated by the board; and (g) the officer in-charge of estate of the institute ex officio secretaryclause 21–this clause provides for the powers and functions of the building and works committee, namely—(a) the committee shall be responsible for construction of all major capital works after securing from the board the necessary administrative approval and financial sanction; (b) it shall have the power to give the necessary administrative approval and financial sanction for all construction for all construction work and work pertaining to maintenance and repairs, within the grant place at the disposal of the institute for the purpose; (c) it shall cause to be prepared estimates of cost of building and other capital work minor works, repair, maintenance and the like; (d) it shall be responsible for making technical scrutiny of each work as may be considered necessary by it; (e) it shall be responsible for enlistment of suitable contractors and acceptance of tenders and shall have the power to give direction for departmental works where necessaryclause 22–this clause provides for research council sub-clause (1) of this clause provides that each institute shall establish a research council comprising of the director and such other members as may be specified by statutes, by the board sub-clause (2) provides that the research council shall—(a) interface with research funding organisations, industry and civil society to identify potential areas for research; (b) organise and promote research in such institute or in collaboration with any institutions of higher learning or research laboratories; (c) assist teachers in obtaining funding from external sources for research projects prepared by them; (d) provide, out of the funds placed at its disposal by the board, research resources and grant assistance for research projects proposed to be undertaken by teachers in such institute; (e ) provide for incubation of technology applications emerging from research and to protect and utilise the intellectual property obtained from research in the institutes; (f) make provision for research and advisory services and for that purpose enter into such arrangements with other institutions, industry, civil society or other orgnaisations and enable the fruits of research to be disseminated to industry and society through such arrangement; and (g) exercise such other powers and perform such other duties as may be assigned to it by statutesclause 23–this clause provides for meetings sub-clause (1) of this clause provides that the chairperson shall ordinarily preside over the meetings of the board, finance committee and at the convocations of the institute sub-clause (2) provides that it shall be the duty of the chairperson to ensure that the decision taken by the board are implemented sub-clause (3)provides that the chairperson shall exercise such other poweres and perform such other duties as may be assigned to him by this act or the statutesclause 24–this clause provides for to director sub-clause (1) of the said clause provides that the director of a institute shall be appointed by the central government from a panel of names recommended in order of merit by a search-cum-selection committee with prior approval of the visitor sub-clause (2) provides that the search-cum-selection committee shall consisting of the following, namely—(a) an eminent person to be nominated by the minister in charge of human resource development in the government of india as chairperson of the committee; (b) the chairperson, board of governors of the concerned indian institutes of information technology - member, ex officio; (c) secretary in-charge of higher education in the government of india—member, ex officio; (d) director of a indian institutes of information technology to be nominated by minister in-charge of human resource development - member, ex officio; (e) a person of eminence in the field of information technology to be nominated by minister in charge of human resource development; (f) head of bureau, ministry of human resource development dealing with indian institutes of information technology–non-member secretary, ex officio; sub-clause (3) provides that the director shall be appointed on such terms and conditions of service as may be provided by the statutes sub-clause (4) provides that the director shall be the principal academic and executive officer of the institute and shall be responsible for the implementation of the decisions of the board and senate and day-to-day administration of the institute; sub-clause (5) provides that the director shall exercise such other powers and perform such other duties as may be assigned to him by the proposed legislation or the statutes or delegated by the board or the senate or the ordinance; sub-clause (6) provides that the director shall submit annual reports and audited accounts to the board; sub-clause (7) provides that the director may during his absence from the headquarters, authorise the deputy director or one of the deans or the senior-most professor present, to sanction advances for traveling allowances, contingencies and medical treatment of the staff and sign and countersign bills on his behalf and authorise to the deputy director or one of the dean or the senior-most professor present, by him in writingclause 25– this clause provides for the registrar sub–clause (1) provides that registrar of every institute shall be appointed on such terms and conditions as may be laid down by the statutes and shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the board shall commit to his charge; sub-clause (2) provides that the registrar shall act as the secretary of the board, senate and such committees as may be prescribed by the statutes; sub-clause (3) provides that the registrar shall be responsible to the director for the proper discharge of his functions; sub-clause (4) provides that the registrar shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes or by the directorclause 26–this clause provides for other authorities and officers sub-clause (1) of the said clause empowers the board to declare such other posts as authorities and provides for their duties and functions sub-clause (2) of the said clause provides that the board may constitute such committees, as it may deem fit, for efficient management of affairs of the instituteclause 27– this clause provides for review of performance of institute sub-clause (1)of the said clause provides that each institute shall, within five years from the date of establishment and incorporation of such institute under this act and thereafter at the expiration of every fifth year, constitute, with the prior approval of the central government, a committee to evaluate and review the performance of such institute in achievement of its objects during the said period sub-clause (2) provides that the committee constituted under sub-section (1) shall consist of members of repute in academia or industry, from relevant fields of teaching, learning and research in such institute sub-clause (3) provides that the committee shall assess the performance of institute and make recommendations on—(a) the extent of fulfillment of the objects of the institute mentioned in section 6, and its contribution to the society; (b) the promotion of transformational research and its impact on industry or society; (c) the advancement of fundamental research; (d) the establishment of the institute as amongst the global leaders in the area of information technology; (e) such other matters as the board may specify sub-clause (4) of the said clause provides that the board shall consider the recommendations referred to in sub-section (3) and take such action, as it may deem fit and the recommendations of the committee along with an explanatory memorandum on the action taken or proposed to be taken, specifying the reasons thereof, shall be submitted to the central governmentclause 28–this clause provides for grants by central government sub-clause (1) of the said clause provides that the central government may, after due appropriation made by parliament by law in this behalf, pay to each institute in every financial year, such sums of money in such manner as it may think fit sub-clause (2) provides that the central government shall provide to each institute, grants of such sums of money as are required to meet the expenditure on scholarships or fellowships instituted by it, including scholarships or fellowships for students from socially and educationally backward classes or categories of citizens enrolled in such instituteclause 29–this clause provides for fund of institute sub-clause (1) of the said clause provides that every institute shall maintain a fund to which shall be credited—(a) all monies provided by the central government or the state government, as the case may be; (b) all fees and other charges received by the institute from the students; (c) all monies received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; (d) all monies received by the institute from utilisation of intellectual property arising from research conducted or provision of advisory or consultancy services by it; (e) all monies received by the institute in any other manner or from any other source sub-clause (2) provides that the fund of every institute shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers, and discharge of its duties under this act, furtherance of research in the institute or in collaboration with other educational institutions or industry and for capital investment aimed at the growth and development of the instituteclause 30–this clause provides for accounts and audit sub-clause (1) provides that every institute shall maintain proper accounts and other relevant records and prepare annual statement of accounts including the balance sheet in such form and accounting standard as may be specified by notification, by the central government in consultation with the comptroller and auditor-general of india; sub-clause (2) provides that where the statement of income and expenditure and the balance sheet of the institute do not comply with the accounting standards, the institute shall disclose in its statement of income and expenditure and balance sheet, the following, namely—(a) the deviation from the accounting standards; (b) the reasons for such deviation; and (c) the financial effect, if any, arising out due to such deviation sub-clause (3) provides that the accounts of every institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by audit team in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india; sub-clause (4) provides that the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of any institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts and, in particular shall have the rights to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute; sub-clause (5) provides that the accounts of every institute as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament in accordance with such procedure as may be laid down by the central governmentclause 31–this clause provides for pension and provident fund sub-clause (1) of this clause provides that every institute may constitute for the benefit of its employees such provident or pension fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes; sub-clause (2) provides that where such provident fund or pension fund has been so constituted, the central government may declare that the provisions of the provident funds act, 1925, shall apply to such fund, as if it were a government provident fundclause 32–this clause provides for appointments and provides that all appointments of the staff of every institute, except that of the director, shall be made in accordance with the procedure laid down in the statutes, by–(a) the board, if the appointment is made on the academic staff in the post of assistant professor or if the appointment is made on the nonacademic staff in every cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for group a officers; (b) the director, in any other caseclause 33–this clause provides for the statutes it provides that subject to the provisions of this act, the statutes may provide for all or any of the following matters— (a) the conferment of honorary degrees; (b) the formation of departments of teaching; (c) the fees to be charged for courses of study in the institute and for admission to the examinations of degrees and diplomas of the institute; (d) the institution of fellowships, scholarships, exhibitions, medals and prizes; (e) the terms of office and the method of appointment of officers of the institute; (f) the qualifications of teachers of the institute; (g) the classification, the method of, appointment and the determination of the terms and conditions of service of teachers and other staff of the institute; (h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff 'of the institute; (i) the constitution, powers and' duties of the authorities of the institute; (j) the establishment and maintenance of halls and hostels; (k) the conditions of residence of students of the institute and the levying of fees for residence in the halls and hostels and of other charges; (1) the allowances to be paid to the chairperson and members of the board; (m) the authentication of the orders and decisions of the board; and (n) the meetings of the board, the senate, or any committee, the quorum at such meetings and the procedure to be followed in the conduct of their businessclause 34–this clause provides for the statutes how made sub-clause (1) of the said clause provides that the first statutes of each institute shall be made by the board with the prior approval of the visitor and a copy of the same shall be laid, as soon as may be, before each house of parliament sub-clause (2) provides that the board may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner provided in this section sub-clause (3) provides that every new statute or addition to the statutes or any amendment or repeal of statutes shall require the previous approval of the visitor who may grant assent or withhold assent or remit it to the board for consideration sub-clause (4) provides that the new statutes or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor, provided that, the central government with the prior approval of the visitor may frame or amend the statutes for the institute, if the same is required for uniformity, and a copy of the same shall be laid as soon as may be before each house of parliamentclause 35—this clause provides for ordinances it provides that subject to the provisions of this act and the statutes, the ordinances of every institute may provide for all or any of the following matters - (a) the admission of the students to the institute; (b) the courses of study to be laid down for all degrees and diplomas of the institute; (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the institute, and shall be eligible for degrees and diplomas; (d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; (e) the conditions and mode of appointment and duties of examining bodies, examiners and moderators; (f) the conduct of examinations; (g) the maintenance of discipline among the students of the institute; and (h) any other matter which by this act or the statutes is to be or may be provided for by the ordinancesclause36—this clause provides for ordinances how made sub-clause (1) of the said clause provides that save as otherwise provided in this section, ordinances shall be made by the senate sub-clause (2) provides that all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be, to the board and shall be considered by the board at its next meeting sub-clause (3) provides that the board shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may beclause 37—this clause provides for tribunal of arbitration sub-clause (1) of this clause provides that (a) any dispute arising out of a contract between an institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee and one umpare appointed by visitor (b) the decision of the tribunal shall be final and shall not be questioned in any court; (c) no suit or proceeding shall lie in any court in respect of any matter which is required by sub-clause (1) to be referred to the tribunal of arbitration; (d) the tribunal of arbitration shall have power to regulate its own procedure; and (e) nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this clause sub-clause (2) provides that any student or candidate for an examination whose name has been removed from the rolls of the institute by the orders or resolution of the director of the institute and who has been debarred from the appearing at the examinations of the institute for more than one year, may, within ten days of the date of receipt of such resolution by him, appeal to the board of governors who provides that any dispute arising out of any disciplinary action taken by the institute against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-sections (1) and (2) of section 8 shall, as far as may be, apply to a reference made under this sub-clause sub-clause (4) provides that every employee or student of the institute, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the board of governors against the decision of any officer or authority of the institute as the case may be, and thereupon the board of governors may confirm, modify or reverse the decision appealed againstclause 38—this clause provides for annual report of director sub-clause (1) of the said clause provides that there shall be attached to every statement of accounts laid before the board of each institute, a report by its director, with respect to - (a) the state of affairs of such institute; (b) the amounts, if any, which it proposes to carry to any surplus reserves in its balance sheet; (c) the extent to which understatement or overstatement of any surplus of income over expenditure or any shortfall of expenditure over income has been indicated in the auditor's report and the reasons for such understatement or overstatement; (d) the productivity of research projects undertaken by the institute measured in accordance with such norms as may be specified by any statutory regulatory authority; (e) appointment of the officers and teachers of the institute; (f) benchmark and internal standards set by the institute, including the nature of innovations in teaching, research and application of knowledge sub-clause (2) provides that the director shall also be bound to give the complete information and explanations in its report on every reservation, qualification or adverse remark contained in the auditors' reportclause 39—this clause provides for the annual report of each institute sub-clause(1) provides that he annual report of each institute shall be prepared under the direction of the board, which shall include, among other matters, the steps taken by the institute towards the fulfillment of its objects and an outcome based assessment of the research being undertaken in such institute, and be submitted to the board on or before such date as may be specified and the board shall consider the report in its annual meeting sub-clause (2)provides that the annual report as approved by the board shall be published and placed on the website of the institute sub-clause (3) provides that the annual report of each institute which is fully funded by the central government shall be submitted to the central government who shall, as soon as may be, cause the same to be laid before each house of parliamentclause 40—this clause provides for council of institutes sub-clause (1) of the said clause provides that with effect from such date as the central government may, by notification, specify in this behalf, there shall be established for all the institutes specified in column (5) of the schedule, a central body to be called the council sub-clause (2) provides that the council shall consist of the following members - (a) the minister of the central government in charge of technical education, who shall be the chairperson of the council, ex officio; (ii) two members of parliament of india (one member to be nominated by speaker of lok sabha and one member to be nominated by chairperson of rajya sabha) , ex officio; (iii) secretary, government of india, ministry of human resource development, department of higher education (iv) the chairpersons of each of the institutes, ex officio; (e) the directors of each of the institutes, ex officio; (v) the directors of each of the institutes, ex officio; (vi) the director-general, council of scientific and industrial research, ex officio;(vii) three persons to be nominated by the central government, one each to represent the ministry concerned with finance, science and technology and information technology; (viii) three persons to be nominated by visitor, who shall be persons having special knowledge or practical experience in respect of industry, academia, engineering, alumni and social sciences to be nominated by the council from a panel comprised of two names recommended by each institute; (ix) one representative of university grant commission; (x) one representative of all india council of technical education; and (xi) chairperson, central board of secondary education sub-clause (3) provides that an officer of the department of higher education, government of india, concerned with technical education shall be nominated by that government to act as the secretary of the council sub-clause (4) provides that the council may constitute a standing committee of the indian institute of information technology council to assist the council in discharge of its duties and responsibilities sub-clause (5)provides that the expenditure on the council shall be met by the central governmentclause 41—this clause provides the term of office and allowances payable to members of council sub-clause (1) of the said clause provides that save as otherwise provided in this section, the term of office of a member of the council, other than an ex officio member, shall be for a period of three years from the date of nomination sub-clause (2) provides that the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member sub-clause (3) provides that the term of office of a member elected under clause (ii) of sub-section (2) of section 40 shall expire as soon as he ceases to be a member of the house which elected him sub-clause (4) provides that notwithstanding anything contained in this section, an outgoing member shall, unless the council directs, continue in office until another person is nominated as a member in his place sub-clause (5) provides that the members of the council shall be entitled to such other traveling and such other allowances, as may be prescribed, for attending meetings of the council or its committeesclause 42—this clause provides for functions and duties of council sub-clause (1)of the said clause provides that the council shall coordinate the activities of all the institutes sub-clause (2) provides that without prejudice to the provisions of sub-section (1), the council shall perform the following functions— (a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the institutes, admission standards and other academic matters; (b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and free ships, levying of fees and other matters of common interest; (c) to examine the development plans of each institute and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; (d) to examine the annual budget estimates of each institute and to recommend to the central government the allocation of funds for that purpose; (e) to recommend to the central government, the institution of scholarships including research and for the benefit of students belonging to the scheduled castes, the scheduled tribes and other socially and educationally backward classes of citizens; (f) to recommend to the central government, proposals for establishment of new institutes of information technology; (g) to advise the visitor, if so required, in respect of any function to be performed by him under this act; and (h) to perform such other functions as may be referred to it by the central government sub-clause (3) provides that the chairperson of the council shall ordinarily preside at the meetings of the council and in his or her absence, any other member, chosen by members present from amongst themselves at the meeting, shall preside at the meeting, provided that nothing in this section shall derogate the powers and functions vested by law in the board or senate or other authorities of each institute; sub-clause (4) provides that the council shall meet once in every year and follow such procedure in its meetings as may be prescribedclause 43—this clause provides for the power to make rules of the central government in respect of matters in this chapter sub-clause (1) provides that the central government may, after previous publication, by notification, make rules to carry out the purposes of this chapter sub-clause (2) provides that in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely— (a) the manner and the conditions for providing provident fund and pension fund or insurance scheme under sub-section (1) of section 31; (b) the travelling and other allowances payable to members of the council under sub-section (5) of section 41; (c) the procedure to be followed in the meetings of the council under sub-section (4) of section 42clause 44—this clause provides that acts and proceedings not to be invalidated by vacancies, etc it provides that no act of the council, or any institute, board or senate or any other body set up under this act or the statutes shall be invalid merely by reason of - (a) any vacancy in or defect in the constitution thereof; (b) any irregularity in its procedure not affecting the merits of the case; (c) any defect in the selection, nomination or appointment of a person acting as a member thereofclause 45—this clause provides for returns and information to be provided to central government or state government and provides that every institute shall furnish to the central government such returns or other information with respect to its policies or activities as the central government may, for the purpose of reporting to parliament or for the making of policy, from time to time requireclause 46—this clause relates to power of central government to issue directions and provides the institute shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this actclause 47—this clause provides that the institute to be public authority under right to information act and provides that the provisions of the right to information act, 2005 shall apply to each institute, as if it were a public authority defined in clause (h) of section 2of the right to information act, 2005clause 48—this clause provides for the transitional provisions it provides that notwithstanding anything contained in this act— (a) the board of governors of an institute functioning as such immediately before the commencement of this act shall continue to so function until a new board is constituted for that institute under this act, but on the constitution of a new board under this act, the members of the board holding office before the commencement of this act shall cease to hold office; (b) every senate constituted in relation to every institute before the commencement of this act shall be deemed to be the senate constituted under this act until a senate is constituted under this act for the institute, but on the constitution of the new senate under this act, the members of the senate holding office before the commencement of this act shall cease to hold office; (c) the statutes, ordinances, rules, regulations and bye-laws of each existing institute as in force, immediately before the commencement of this act, shall continue to apply to the corresponding institute in so far as they are not inconsistent with the provisions of this act until the first statutes and the ordinances are made under this act; (d) any student who joined classes of the existing institute on or after the academic year 2007-2008 or completed the course on or after the academic year 2010-2011 shall for the purpose of clause; (e) of sub-section (1) of section 7, be deemed to have pursued a course of study in the existing institute located at kancheepuram only if such student has not already been awarded degree or diploma for the same course of study sub-clause (2) provides that the central government may, without prejudice to the provisions of sub-section (1), if it considers necessary and expedient to do so, by notification, take such measures which may be necessary for the transfer of the existing institute mentioned in column (3) of the schedule to the corresponding institute mentioned under column (5) of the scheduleclause 49—this clause relates to power to remove difficulties sub-clause (1) 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 act as may appear to it to be necessary or expedient for removing the difficult, however, that no such order shall be made after the expiry of the period of three years from the date of commencement of this act sub-clause (2) provides that every order made under this section shall, as soon as may be, after it is made, be laid before each house of parliament clause 50—this clause provides for laying of rules and notifications it provides that every rule made and every notification issued by the central government under this act, 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 financial memorandumsub-clause (1) of clause 4 of the bill provides for establishment of indian institute of information technology allahabad in the state of uttar pradesh; atal bihari vajpayee indian institute of information technology and management, gwalior in the state of madhya pradesh; pandit dwarka prasad mishra indian institute of information technology, design and manufacturing, jabalpur in the state of madhya pradesh and indian institute of information technology, design and manufacturing, kancheepuram in the state of tamil nadu as bodies corporate by the same name of ''indian institute of information technology allahabad'', ''atal bihari vajpayee indian institute of information technology and management, gwalior'', ''pandit dwarka prasad mishra indian institute of information technology, design and manufacturing, jabalpur'' and ''indian institute of information technology, design and manufacturing, kancheepuram'', respectively the existing four centrally funded indian institutes of information technology receive grants-in-aid from the government for meeting their expenditure during the 11th plan period these institutes were sanctioned grants-in-aid to the tune of rs 64986 crores for meeting their recurring and non-recurring expenditure2 clause 28 of the bill provides that for the purpose of enabiling the institute to descharge its functions efficiently under the proposed legislation, the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit the expenditure would be met from the consolidated fund of india through the budgetary provision under the department of higher education of the ministry of human resource and development memorandum regarding delegated legislationclause 15 of the bill empowers the board to make, amend, modify or recind the statutes and ordinances governing the affairs of the institutes 2 clause 17 of the bill empowers the senate of each institute to make ordinances consistent with the provisions of the act and the statutes the matters in respect of which such ordinances may be made relate, inter alia, to the admission of the students to the institute; the courses of study to be laid down for all degrees and diplomas of the institute; the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the institute, and shall be eligible for degrees and diplomas; the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; the conditions and mode of appointment and duties of examining bodies, examiners and moderators; the conduct of examinations; the maintenance of discipline among the students of the institute; and any other matter which by this act or the statutes is to be or may be provided for by the ordinances3 clause 30 empowers the central government to specify by notification the form for annual statement of accounts including balance sheet and accounting standards for maintaining proper accounts by every institute4 clause 34 of the bill empowers the board to make, with the prior approval of the visitor, the first statutes of each institute and a copy of the same shall be laid before each house of parliament5 sub-clause (1) of clause 43 of the bill empowers the central government to make rules for carrying out the provisions of chapter-v it provides that the matter in respect of which such rules may be made are, the travelling and other allowences payble to the members of the council for attending the meetings of the council or its committees and the procedures to be followed in such meetings6 sub-clause (1) of clause 49 of the bill empowers the central government, by order published in the official gazettee, to make such provisions not inconsistent with the provisions of the act, as appears to it to be necessary or expedient for removing the difficulty and such an order is not to be made after the expiry of a period of three years from the date of commencement of the act and that such shall be laid before each house of parliament7 clause 50 of the bill casts duty on central government to lay rules and notification before each house of parliament8 the matters in respect of which the statutes, ordinances or rules may be made or notification is issued pertain to matters of procedure and administrative details for which it is not practicable to provide any provision in the bill the delegation of legislative power is, therefore, of a normal character———— a billto declare certain institutions of information technology to be institutions of nationalimportance, with a view to develop new knowledge in information technologyand to provide manpower of global standards for the informationtechnology industry and to provide for certain other mattersconnected with such institutions orincidental thereto————(smt smriti zubin irani, minister of human resource development)gmgipmrnd—2127ls(s-3)—08082014

Parliament_bills

87f7ffef-5e09-523c-a9a8-375aef85be62

bill no 96 of 2016 the port trusts (reservation in employment to local persons) bill, 2016 byshri shrirang appa barne, mp a billto provide for reservation in employment by port trusts to local personsbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencement1 (1) this act may be called the port trusts (reservation in employment to local persons) act, 20165(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) 'port' means the following ports, namely:—(i) jawahar lal nehru port trust (nhava sheva) mumbai (ii) chennai port (iii) tuticorin port| ( | iv | ) coachin port ||-----|------|----------------------|| ( | v | ) mangalore port || ( | vi | ) vizagpattinam port || ( | vii | ) porbandar port || ( | viii | ) paradip port || 5 | | || ( | ix | ) kolkatta port |and shall include such other ports, as the central government may, by notification in the official gazette, specify; and(b) "prescribed"means prescribed by rules made under this act103 notwithstanding anything contained in any other law for the time being in force, fifty per cent of the total number of vacancies to fill a post notified by a port trust shall be reserved in favour of local persons in such manner as may be prescribedreservation in posts in favour of local personsexplanation—for the purposes of this act, the expression "local persons", in reference to a port trust, shall mean such persons who are residing in district in which the port trust is situated15power to make rules4 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act20(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 rule25 statement of objects and reasonslocal population would be suitable for employment in any organisation owing to their better understanding of the geography, history, tradition and culture of the area in which the organisation is located as such they would be in a better position to perform their duty well this is required to be applied to organisations which are still localised and engaged in commercial activities it would, therefore, be appropriate and wise to employ local population in port trusts to increase its efficiency and generate employment opportunities for themhence this billnew delhi;shrirang appa barnemarch 10, 2016 memorandum regarding delegated legislationclause 4 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 reservation in employment by port trusts to local persons————(shri shrirang appa barne, mp)gmgipmrnd—30ls(s3)—25-04-2016

Parliament_bills

c2a40471-1447-574b-9e02-7bebeb0d1f8c

financial memorandumclause 2 of the bill provides for the constitution of the rapid action force to control communal riots in any part of the country the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india itis likely to involve a recurring expenditure of about rupees three hundred crore per annum a non-recurring expenditure of about rupees one crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill these rules will relate to matters of detail only the delegation of _ legislative power is, therefore, of a normal character

Parliament_bills

836bf029-db56-5c28-b37a-b115ffac2856

810 he u of 1, tile manipur appropriation bill, 1970 billto authoriae payment and appropriation of certain further ium, from gnd out of the consolidated fund of the union territory of manip'ur fcr the services of the financial year 1969-70 be it enacted by parliament in the twenty-fint year of the republic of india as follows:-1 this act may be called the manipur appropriation act, uno iiaort tiue 2 from and out of the consolidated fund of the union territory of s manipur there may be paid and applied uidj not exceeding those specified in column 3 of the schedule amounting in the aggregate to the bum f)f sixty-four lakhs, seven thousand and four hundred rupees towards de· fraying the several charges which will come in course of payment during the financial year 1969-70, in respect of the services pecifted in column 2 10 of the schedule laue of 16,07,-from and out of the coniolilimed l'und of the unk»n territory of dwli- 'or the ftn~) year tntft 'app~ priatuta 3 the sums authorised to be paid and applied from and out of the consolidated fund of the union territory of manipur by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year, 9 1 p8~tat~ 8n~ unlon, territoritll, 820 co i,b,ooo 182,000 300,000 1,00,000 13 jail , 'j' 16 1 medical , 2, lrripdon 3,00,000 i , 1,00,000 i i 450,000 : 16 elec:tridty i 186,000 31 pcdliona and other retiftmcnt ecrdib 1,86,000 " 82000 5'7 capital outla, on miilor irription :20 42 capital outlay on roid tranlpon 4,00,000 i j 44 ' repajidcnt :oc loaoa statement of objecrs and reasonsthis bill is introduced in pursuance of sections 29(1) (4) and 30 of tae-government of union territories act, 1963 and the order of the president issued on the 16th october, 1969 under section 51 of that act, to provide for the appropriation out of the consoudated fund of the union territory of manipur the supplementary grants made by the lok sabb for expenditure of the government of maniput for the financial yf!lr 1969-70 p c sethi president's recommendation under the government of' union territories a~, 1963 [copy of letter no fs(3)-b/70, dated the 7th march, 1970 from shl"i prakash chand b sethi, minister of state in the ministry of j'inanee to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise payment of certain further sums from and out of the consolidated fund of the union territory of manipur for the· services of the year ending on the 31st day of march, 1970, reeommend8 under sub-section (1) and (3) of section 23 of the government of union territories act, 1963, read wi~h section 30 (2) thereof and the order made by him on the 16th october, 1969 under section 51 of the above act, the introduction of the manipur appropriation (no ) bill, 1970 in the· lok sabha and also the consideration of the bill 2 the bill will be introduced in the lok sabha after the supplementary demands for grants for expenditure of the union territory of~ \{anipur for the year 1869-'10 haft been -oted , bill to authorise payment and appropriation of certain funher sums from and out of the coillo-lidated fund of the union territory of manipur for the services of the financial year 1¢9-70 (sian prtuuishdj(iiid b sethi, minuter oj srtll6· in rite millistry oj piniinu)

Parliament_bills

f30f3e08-499d-5c70-8907-ccdbfe90f70e

bill no 61 of 2018 the supreme court and the high courts (use of official languages and other provisions) bill, 2018 by shri ajay misra 'teni', mp a billto provide for the use of official language in the proceedings of the supreme court and the high courts and certain other provisions and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the supreme court and the high courts (use of officiallanguages and other provisions) act, 2018short title and commencement5(2) it shall come into force on such date as the central government may, by a notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appointed day" means the date as may be notified by the appropriate government for the purposes of this act;(b) "appropriate government" means—(i) in relation to the supreme court and high court of nct of delhi, the central government; and(ii) in relation to the high court of a state, the government of that state;1 of 18725(c) "document" means document as defined in section 3 of the indian evidence act, 1872;(d) "high court" means any court as defined in clause (14) of article 366, or established under article 231 of the constitution and includes its benches;10(e) "official language" means the official language of the union under article 343of the constitution and includes the language in use for official purposes in any state in which the high court for that state is located;(f) "party" includes any person authorized by the party to the matter or an advocate for the party;15(g) "proceedings" includes pleadings, petition, application, appeal, reference, revision, review, affidavit, counter affidavit, other documents filed or received during course of conduct of the matter, appearance, leading of arguments, during hearing in any matter, judgment, decree or order and such other matters as may be prescribed by the supreme court or a high court, as the case may be; and(h) "supreme court" means the supreme court of india203 (1) from the appointed day, any party to the proceedings before the supreme court and a high court shall have the right to prefer the official language in conduct of such proceedings in the supreme court or a high court, as the case may beright of the party to prefer official language during the course of proceedings(2) the party to the proceedings shall make an application to the supreme court or a high court for the conduct of the proceedings in the official language in such manner as may be laid down by the supreme court or a high court, as the case may be, under section 4254 (1) where any party to the proceedings has made preference for the conduct of proceedings in official language, the supreme court or a high court, as the case may be, shall conduct proceedings before it in the official languageconduct of proceedings in the supreme court and a high court(2) the supreme court or a high court, as the case may be, may lay down by rules the procedure for conduct of proceedings in the official language:30provided that such procedure shall not entail any additional expense on any party to the case for conducting such proceedings in the official language 5 the appropriate government shall,—measures by appropriate government35(a) bear the fees of advocates, as may be determined by it, from time to time, forsuch parties to the proceedings who are below poverty line;(b) fix the maximum fees to be charged by senior advocates in the supremecourt and the high court;(c) bear the expenses of translation of proceedings from other languages inenglish language; and40(d) ensure availability of requisite infrastructure in the supreme court andthe concerned high court within its jurisdiction for conduct of proceedings in the official language in the supreme court or a high court, as the case may be, from the appointed day45explanation—for the purpose of this section, requisite infrastructureincludes appropriate translation and typing facility in the official language and such other facilities as may be necessary for conduct of the proceedings in the official languages statement of objects and reasonsfor effective working of democracy, different types of responsibilities have been assigned to legislature, executive and judiciary the responsibility of protection of honour, property and constitutional rights and their periodic review lies with the judiciary but common people face a lot of difficulties for obtaining justice from the supreme court and the high courts due to hindrances viz language, translation fees of language and ineffective performance of prosecutionfor easy delivery of justice to common people and for removing difficulties of financial expenses and other such issues, concerned parties should be given right to submit affidavit, debates and writs in hindi or in other local languages also the expenses of translation from english language into other language in the courts must be incurred by the courts and the government maximum limit of the fees charged by senior advocates must be fixed entire expenses regarding the proceedings and fees of advocates appearing in the cases and appeals in high court and the supreme court on behalf of people living below poverty line should be incurred by the governmenthence this billnew delhi;ajay misra 'teni'january 29, 2018 financial memorandumclause 5 of the bill provides that the appropriate government shall take such measures as may be necessary including bearing of the fees of advocates for any party to the proceedings who are below poverty line, as may be determined by it and ensuring availability of requisite infrastructure to the supreme court or a high court within its jurisdiction for conduct of proceedings in the official language in the supreme court or a high court, as the case may be, from the appointed day the bill, if enacted, will involve expenditure from the consolidated fund of india however, at this stage, it is not possible to quantify the exact amount of recurring and non-recurring expenditure likely to be involved———— a billto provide for the use of official language in the proceedings of the supreme court andthe high courts and of other provisions and for matters connected therewith orincidental thereto————(shri ajay misra 'teni', mp)mgipmrnd—4184ls(s3)—27-02-2018

Parliament_bills

e6c9705a-8ec4-5759-9f14-8983d9b990b8

bill no 129 of 2016 the old age pension bill, 2016 by shri sukhbir singh jaunapuria, mp a billto provide for payment of pension to old age citizensbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the old age pension act, 2016 (2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 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;10(b) "old person" means any person who has attained the age of sixty-sevenyears; and(c) "prescribed" means prescribed by rules made under this actpension to old age persons3 (1) every old person who is a citizen of india shall, on an application made in the prescribed form, be paid rupees two thousand per mensem as pension, by the appropriate government(2) the pension payable shall be subject to such revision, on the basis of the prevailing cost of living index, as may be determined from time to time by the central government5(3) the pension referred to in sub-section (1) shall be disbursed to old persons, by the appropriate government through government treasury or such nationalized bank, as may be prescribed by the central government:10provided that an old person who is receiving pension from the appropriate government or who has some source of income which is more than the amount given under this act shall not be eligible for pension under this act4 (1) the central government shall constitute a fund to be known as the old persons pension fund for carrying out the purposes of this actconstitution of old persons pension fund15(2) the fund shall consist of the sums paid into it by the central government after due appropriation made by parliament by law in this behalf and all such moneys received by way of grants or donations from any individual, organisation or agency including international agencypower 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 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 reasonsindia's social security system is woefully inadequate in comparison even to third world economies some states in india have social security schemes but the scale of benefits is modest the indira gandhi old age pension scheme of the central government covers only old age persons living below poverty line moreover, the pension amount paid at the rate of rupees two hundred per month is a meagre amount to meet the bare need of food of pensioners today, we find that millions of senior citizens who do not have sufficient means or any support system have to lead a life full of hardships these people, who are without any source of income, live in hunger and loneliness without anyone to take care of their needs ours is a welfare state it is the foremost duty of the state to provide for a universal pension scheme for old age personsthe bill seeks to achieve the above objectivenew delhi;sukhbir singh jaunapuriaapril 13, 2016 financial memorandumclause 3 of the bill provides for the payment of pension at the rate of rupees two thousand per month to such old persons who have attained the age of sixty-seven years or more clause 4 provides for the constitution of old persons pension fund by the central government the bill, therefore, if enacted, would involve expenditure from the consolidated fund of indiait cannot be estimated at this stage as to how many old persons will need assistance from the central government however, an annual recurring expenditure of about rupees two thousand crore is likely to be involved from the consolidated fund of indiano non-recurring expenditure will 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 lok sabha———— a billto provide for payment of pension to old age citizens————(shri sukhbir singh jaunapuria, mp)gmgipmrnd—168l(s3)—03052016

Parliament_bills

21409867-1d09-5e91-b411-2ed5049af061

the finance bill, 2021 (as introduced in lok sabha) the finance bill, 2021 _______ arrangement of clauses ______ chapter i preliminary clauses 1 short title and commencement chapter ii rates of income-tax 2 income-tax chapter iii direct taxes income-tax 3 amendment of section 2 4 amendment of section 9a 5 amendment of section 10 6 amendment of section11 7 amendment of section 32 8 amendment of section 36 9 amendment of section 43b 10 amendment of section 43ca 11 amendment of section 44ab 12 amendment of section 44ada 13 amendment of section 44db 14 amendment of section 45 15 amendment of section 47 16 amendment of section 48 17 amendment of section 49 18 amendment of section 50 19 amendment of section 54gb 20 amendment of section 55 21 amendment of section 56 clauses 22 amendment of section 72a 23 amendment of section 79 24 amendment of section 80eea 25 amendment of section 80-iac 26 amendment of section 80-iba 27 amendment of section 80la 28 insertion of new section 89a 29 amendment of section 112a 30 amendment of section 115ad 31 amendment of section 115jb 32 amendment of section 139 33 amendment of section 142 34 amendment of section 143 35 substitution of new section for section 147 36 substitution of new section for section 148 37 insertion of new section 148a 38 substitution of new section for section 149 39 substitution of new section for section 151 40 amendment of section 151a 41 amendment of section 153 42 amendment of section 153a 43 amendment of section 153c 44 amendment of section 194 45 amendment of section 194a 46 amendment of section 194-ib 47 insertion of new section 194p 48 insertion of new section 194q 49 amendment of section 196d 50 amendment of section 206aa 51 insertion of new section 206ab 52 insertion of new section 206cca 53 amendment of section 234c 54 amendment of section 245a 55 insertion of new section 245aa 56 amendment of section 245b 57 amendment of section 245bc 58 amendment of section 245bd 59 amendment of section 245c 60 amendment of section 245d 61 amendment of section 245dd 62 amendment of section 245f clauses 63 amendment of section 245g 64 amendment of section 245h 65 insertion of new section 245m 66 insertion of new chapter xix-aa 67 amendment of section 245n 68 amendment of section 245-o 69 insertion of new section 245-ob 70 amendment of section 245p 71 amendment of section 245q 72 amendment of section 245r 73 amendment of section 245s 74 amendment of section 245t 75 amendment of section 245u 76 amendment of section 245v 77 insertion of new section 245w 78 amendment of section 255 79 amendment of section 281b chapter iv indirect taxes customs 80 amendment of section 2 81 amendment of section 5 82 amendment of section 25 83 insertion of new section 28bb 84 amendment of section 46 85 amendment of section 110 86 amendment of section 113 87 insertion of new section 114ac 88 amendment of section 139 89 amendment of section 149 90 amendment of section 153 91 insertion of new section 154c customs tariff 92 amendment of section 8b 93 amendment of section 9 94 amendment of section 9a 95 amendment of first schedule clauses excise 96 amendment of fourth schedule 97 amendment of chapter 27 of fourth schedule 98 revised date of effect to amendments made in fourth schedule vide notification issued under section 3c of central excise act, 1944 central goods and service tax 99 amendment of section 7 100 amendment of section 16 101 amendment of section 35 102 substitution of new section for section 44 103 amendment of section 50 104 amendment of section 74 105 amendment of section 75 106 amendment of section 83 107 amendment of section 107 108 amendment of section 129 109 amendment of section 130 110 substitution of new section for section 151 111 amendment of section 152 112 amendment of section 168 113 amendment of schedule ii integrated goods and services tax 114 amendment of section 16 chapter v agriculture infrastructure and development cess 115 agriculture infrastructure and development cess on imported goods 116 agriculture infrastructure and development cess on excisable goods chapter vi miscellaneous part i amendment to the indian stamp act, 1899 clauses 117 insertion of new section 8g part ii amendment to the contingency fund of india act, 1950 118 amendment of act 49 of 1950 part iii amendments to the life insurance corporation act, 1956 119 commencement of this part 120 amendment of section 2 121 substitution of section 4 122 substitution of section 5 123 substitution of section 19 124 substitution of section 20 125 amendment of section 22 126 insertion of new section 23a 127 substitution of section 24 128 substitution of section 25 129 amendment of section 26 130 amendment of section 27 131 amendment of section 28 132 amendment of section 28a 133 insertion of new sections 28b and 28c 134 substitution of sections 46 and 47 135 amendment of section 48 136 amendment of section 49 137 insertion of sections 50 and 51 part iv amendments to the securities contracts (regulation) act, 1956 138 commencement of this part 139 amendment of section 2 140 insertion of new section 30b part v amendment to the central sales tax act, 1956 clauses 141 amendment of act 74 of 1956 part vi amendments to the prohibition of benami property transaction act, 1988 142 commencement of this part 143 amendment of section 2 144 substitution of section 7 145 omission of sections 8 to 17 146 amendment of section 26 147 amendment of section 68 part vii amendment to the securities and exchange board of india act, 1992 148 amendment of act 15 of 1992 part viii amendment to the recovery of debts due to banks and financial institutions act, 1993 149 amendment of act 51 of 1993 part ix amendment to the finance act, 2001 150 amendment of seventh schedule part x amendment to the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 151 amendment of act 54 of 2002 part xi amendments to the industrial development bank (transfer of undertakingand repeal) act, 2003 clauses 152 commencement of this part 153 amendment of section 3 part xii amendments to the finance (no2) act, 2004 154 commencement of this part 155 amendment of section 97 156 amendment of section 98 157 amendment of section 100 158 amendment of section 101 part xiii amendment to the finance act, 2016 159 amendment of act 28 of 2016 part xiv amendment to the direct tax vivad se vishwas act, 2020 160 amendment of act 3 of 2020 the first schedule the second schedule the third schedule the fourth schedule the fifth schedule the sixth schedule the seventh schedule the finance bill, 2021 a bill to give effect to the financial proposals of the central government for the financial year 2021-2022 be it enacted by parliament in the seventy-second year of the republic of india as follows:–– chapter i preliminary short title and commencement 1 (1) this act may be called the finance act, 2021 (2) save as otherwise provided in this act,–– (a) sections 2 to 79 shall come into force on the 1st day of april, 2021; (b) sections 99 to 114 shall come into force on such date as the central government may, by notification in the official gazette, appoint chapter ii rates of income-tax income-tax 2 (1) subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of april, 2021, income-tax shall be charged at the rates specified in part i of the first schedule and such tax shall be increased by a surcharge, for the purposes of the union, calculated in each case in the manner provided therein (2) in the cases to which paragraph a of part i of the first schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income, and the total income exceeds two lakh fifty 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 the first two lakh fifty thousand rupees of the total income but without being liable to tax], only for the purpose of charging income-tax 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 specified in the said paragraph a, as if such aggregate income were the total income; (ii) the net agricultural income shall be increased by a sum of two lakh fifty thousand rupees, and the amount of income-tax shall be determined in respect of the net agricultural income as so increased at the rates specified in the said paragraph a, as if the net agricultural income as so increased were the total income; (iii) the amount of income-tax determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax determined in accordance with sub-clause (ii) and the sum so arrived at shall be the income-tax in respect of the total income: provided that in the case of every individual, being a resident in india, who is of the age of sixty years or more but less than eighty years at any time during the previous year, referred to in item (ii) of paragraph a of part i of the first schedule, the provisions of this sub-section shall have effect as if for the words "two lakh fifty thousand rupees", the words "three lakh rupees" had been substituted: provided further that in the case of every individual, being a resident in india, who is of the age of eighty years or more at any time during the 43 of 1961 previous year, referred to in item (iii) of paragraph a of part i of the first schedule, the provisions of this sub-section shall have effect as if for the words "two lakh fifty thousand rupees", the words "five lakh rupees" had been substituted (3) in cases to which the provisions of chapter xii or chapter xii-a or section 115jb or section 115jc or chapter xii-fa or chapter xii-fb or sub-section (1a) of section 161 or section 164 or section 164a or section 167b of the income-tax act, 1961 (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) or the rates as specified in that chapter or section, as the case may be: provided that the amount of income-tax computed in accordance with the provisions of section 111a or section 112 or section 112a of the income-tax act shall be increased by a surcharge, for the purposes of the union, as provided in paragraph a, b, c, d or e, as the case may be, of part i of the first schedule, except in case of a domestic company whose income is chargeable to tax under section 115baa or section 115bab of the income-tax act or in case of cooperative society whose income is chargeable to tax under section 115bad of the income-tax act: provided further that in respect of any income chargeable to tax under section 115a, 115ab, 115ac, 115aca, 115ad, 115b, 115ba, 115bb, 115bba, 115bbc, 115bbd, 115bbf, 115bbg, 115e, 115jb or 115jc of the income-tax act, the amount of income-tax computed under this sub-section shall be increased by a surcharge, for the 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, not having any income under section 115ad of the income-tax act,— (i) having a total income exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of ten per cent of such income-tax; (ii) having a total income exceeding one crore rupees, but not exceeding two crore rupees, at the rate of fifteen per cent of such income-tax; (iii) having a total income exceeding two crore rupees, but not exceeding five crore rupees, at the rate of twenty-five per cent of such income-tax; and (iv) having a total income exceeding five crore rupees, at the rate of thirty-seven per cent of such income-tax; (aa) in the case of individual or every association of person 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, having income under section 115ad of the income-tax act,–– (i) having a total income exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of ten per cent of such income-tax; (ii) having a total income exceeding one crore rupees, but not exceeding two crore rupees, at the rate of fifteen per cent of such income-tax; (iii) having a total income [excluding the income by way of dividend or income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeding two crore rupees but not exceeding five crore rupees, at the rate of twenty-five per cent of such income-tax; (iv) having a total income [excluding the income by way of dividend or income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeding five crore rupees, at the rate of thirty-seven per cent of such income-tax; and (v) having a total income [including the income by way of dividend or income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeding two crore rupees, but is not covered in sub-clauses (iii) and (iv), at the rate of fifteen per cent of such income-tax: provided that in case where the total income includes any income by way of dividend or income chargeable under clause (b) of sub-section (1) of section 115ad of the income-tax act, the rate of surcharge on the income-tax calculated on that part of income shall not exceed fifteen per cent; (b) in the case of every co-operative society except a co-operative society whose income is chargeable to tax under section 115bad of the income-tax act or firm or local authority, at the rate of twelve per cent of such income-tax, where the total income exceeds one crore rupees; (c) in the case of every domestic company except such domestic company whose income is chargeable to tax under section 115baa or section 115bab of the income-tax act,— (i) at the rate of seven per cent of such income-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 income-tax, where the total income exceeds ten crore rupees; (d) in the case of every company, other than a domestic company,— (i) at the rate of two per cent of such incometax, 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 incometax, where the total income exceeds ten crore rupees: provided also that in the case of persons mentioned in (a) and (aa) above, having total income chargeable to tax under section 115jc of the income-tax act, and such income exceeds,— (i) fifty lakh rupees but does not exceed one crore rupees, the total amount payable as income-tax and surcharge thereon shall not exceed the total amount payable as income-tax on a total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees; (ii) one crore rupees but not exceed two crore rupees, the total amount payable as income-tax and surcharge thereon shall not exceed the total amount payable as income-tax and surcharge on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees; (iii) two crore rupees but not exceed five crore rupees, the total amount payable as income-tax and surcharge thereon shall not exceed the total amount payable as income-tax and surcharge on a total income of two crore rupees by more than the amount of income that exceeds two crore rupees; (iv) five crore rupees, the total amount payable as income-tax and surcharge thereon shall not exceed the total amount payable as income-tax and surcharge on a total income of five crore rupees by more than the amount of income that exceeds five crore rupees: provided also that in the case of persons mentioned in (b) above, having total income chargeable to tax under section 115jc of the income-tax act, and such income exceeds one crore rupees, the total amount payable as income-tax on such income and surcharge thereon shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one 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 one crore rupees but does not exceed ten crore rupees, the total amount payable as income-tax on such income and surcharge thereon, shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one 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 income-tax on such income and surcharge thereon, shall not exceed the total amount payable as income-tax and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees: 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 amount of income-tax computed under this sub-section shall be increased by a surcharge, for the purposes of the union, calculated at the rate of twenty-five per cent of such income-tax: provided also that in case of every domestic company whose income is chargeable to tax under section 115baa or section 115bab of the income-tax act, the income-tax computed under this sub-section shall be increased by a surcharge, for the purposes of the union, calculated at the rate of ten per cent of such income-tax: provided also that in case of every individual or hindu undivided family, whose income is chargeable to tax under section 115bac of the incometax, the income-tax computed under this sub-section shall be increased by a surcharge, for the purposes of the union, as provided in paragraph a of part i of the first schedule: provided also that in case of every resident co-operative society, whose income is chargeable to tax under section 115bad of the income-tax act, the income tax computed under this sub-section shall be increased by a surcharge, for the purposes of the union, calculated at the rate of ten per cent of such "advance tax" (4) in cases in which tax has to be charged and paid under sub-section (2a) of section 92ce or section 115qa or section 115ta or section 115td of the income-tax act, the tax shall be charged and paid at the rates as specified in those sections and shall be increased by a surcharge, for the purposes of the union, calculated at the rate of twelve per cent of such tax (5) in cases in which tax has to be deducted under sections 193, 194a, 194b, 194bb, 194d, 194lba, 194lbb, 194lbc and 195 of the income-tax act, at the rates in force, the deductions shall be made at the rates specified in part ii of the first schedule and shall be increased by a surcharge, for the purposes of the union, calculated in cases wherever prescribed, in the manner provided therein (6) in cases in which tax has to be deducted under sections 192a, 194, 194c, 194da, 194e, 194ee, 194f, 194g, 194h, 194-i, 194-ia, 194-ib, 194-ic, 194j, 194la, 194lb, 194lba, 194lbb, 194lbc, 194lc, 194ld, 194k, 194m, 194n, 194-o, 194q, 196a, 196b, 196c and 196d of the income-tax act, the deductions shall be made at the rates specified in those sections and shall be increased by a surcharge, for the purposes of the union,— (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, being a non-resident except in case of deduction on income by way of dividend under section 196d of the income-tax act, calculated,— (i) at the rate of ten per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds fifty lakh rupees but does not exceed one crore rupees; (ii) at the rate of fifteen per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed two crore rupees; (iii) at the rate of twenty-five per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds two crore rupees but does not exceed five crore rupees; (iv) at the rate of thirty-seven per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds five crore rupees; (aa) 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 incometax act, being a non-resident, in case of deduction on income by way of dividend under section 196d of that act, calculated,— (i) at the rate of ten per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds fifty lakh rupees but does not exceed one crore rupees; (ii) at the rate of fifteen per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees; (b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of twelve per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees; (c) in the case of every company, other than a domestic company, calculated,— (i) at the rate of two per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed ten crore rupees; (ii) at the rate of five per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds ten crore rupees (7) in cases in which tax has to be collected under the proviso to section 194b of the income-tax act, the collection shall be made at the rates specified in part ii of the first schedule, and shall be increased by a surcharge, for the purposes of the union, calculated, in cases wherever prescribed, in the manner provided therein (8) in cases in which tax has to be collected under section 206c of the income-tax act, the collection shall be made at the rates specified in that section and shall be increased by a surcharge, for the purposes of the union,— (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, being a non-resident, calculated,— (i) at the rate of ten per cent of such tax, where the amount or the aggregate of such amounts collected on likely to be collected and subject to the collection exceeds fifty lakh rupees but does not exceed one crore rupees; (ii) at the rate of fifteen per cent of such tax, where the amount or the aggregate of such amounts collected on likely to be collected and subject to the collection exceeds one crore rupees but does not exceed two crore rupees; (iii) at the rate of twenty-five per cent of such tax, where the income or the aggregate of such amounts collected on likely to be collected and subject to the collection exceeds two crore rupees but does not exceed five crore rupees; (iv) at the rate of thirty-seven per cent of such tax, where the income or the aggregate of such amounts collected on likely to be collected and subject to the collection exceeds five crore rupees (b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of twelve per cent of such tax, where the amount or the aggregate of such amounts collected on likely to be collected and subject to the collection exceeds one crore rupees; (c) in the case of every company, other than a domestic company, calculated,— (i) at the rate of two per cent of such tax, where the amount or the aggregate of such amounts collected on likely to be collected and subject to the collection exceeds one crore rupees but does not exceed ten crore rupees; (ii) at the rate of five per cent of such tax, where the amount or the aggregate of such amounts collected on likely to be collected and subject to the collection exceeds ten crore rupees (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 section 174a 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 deducted under section 194p 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: provided that in cases to which the provisions of chapter xii or chapter xii-a or section 115jb or section 115jc or chapter xii-fa or chapter xii-fb or sub-section (1a) of section 161 or section 164 or section 164a or section 167b of the income-tax act apply, "advance tax" shall be computed with reference to the rates imposed by this sub-section or the rates as specified in that chapter or section, as the case may be: provided further that the amount of "advance tax" computed in accordance with the provisions of section 111a or section 112 or 112a of the income-tax act shall be increased by a surcharge, for the purposes of the union, as provided in paragraph a, b, c, d or e, as the case may be, of part iii of the first schedule except in case of a domestic company whose income is chargeable to tax under section 115baa or section 115bab of the income-tax act or in case of a resident cooperative society whose income is chargeable to tax under section 115bad of the income-tax act: provided also that in respect of any income chargeable to tax under section 115a, 115ab, 115ac, 115aca, 115ad, 115b, 115ba, 115bb, 115bba, 115bbc, 115bbd, 115bbf, 115bbg, 115e, 115jb or 115jc of the income-tax act, "advance tax" computed under the first proviso shall be increased by a surcharge, for the 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, not having any income under section 115ad of the income-tax act,— (i) at the rate of ten per cent of such "advance tax", where the total income exceeds fifty lakh rupees but does not exceed one crore rupees; (ii) at the rate of fifteen per cent of such "advance tax", where the total income exceeds one crore rupees but does not exceed two crore rupees; (iii) at the rate of twenty-five per cent of such "advance tax", where the total income exceeds two crore rupees but does not exceed five crore rupees; (iv) at the rate of thirty-seven per cent of such "advance tax", where the total income exceeds five crore rupees; (aa) in the case of individual or every association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in subclause (vii) of clause (31) of section 2 of the income-tax act, having income under section 115ad of the incometax act,— (i) at the rate of ten per cent of such "advance tax", where the total income exceeds fifty lakh rupees, but does not exceed one crore rupees; (ii) at the rate of fifteen per cent of such "advance tax", where the total income exceeds one crore rupees but does not exceed two crore rupees; (iii) at the rate of twenty-five per cent of such "advance tax", where the total income [excluding the income by way of dividend or income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds two crore rupees but does not exceed five crore rupees; (iv) at the rate of thirty-seven per cent of such "advance tax", where the total income [excluding the income by way of dividend or income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds five crore rupees; (v) at the rate of fifteen per cent of such "advance tax", where the total income [including the income by way of dividend or income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds two crore rupees but is not covered in sub-clauses (iii) and (iv): provided that in case where the total income includes any income by way of dividend or income chargeable under clause (b) of sub-section (1) of section 115ad of the income-tax act, the rate of surcharge on the advance tax calculated on that part of income shall not exceed fifteen per cent; (b) in the case of every co-operative society except such co-operative society whose income is chargeable to tax under section 115bad of the income-tax act or firm or local authority 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 except such domestic company whose income is chargeable to tax under section 115baa or section 115bab of the income-tax act,— (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,— (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 persons mentioned in (a) and (aa) above, having total income chargeable to tax under section 115jc of the income-tax act, and such income exceeds,— (a) fifty lakh rupees but does not exceed one 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" on a total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees; (b) one crore rupees but does not exceed two 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" on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees; (c) two crore rupees but does not exceed five 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" on a total income of two crore rupees by more than the amount of income that exceeds two crore rupees; (d) five 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" on a total income of five crore rupees by more than the amount of income that exceeds five crore rupees: provided also that in the case of persons mentioned in (b) above, having total income chargeable to tax under section 115jc of the income-tax act, and such income exceeds one 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" on a total income of one crore rupees by more than the amount of income that exceeds one 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 one crore rupees but does not exceed 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" on a total income of one crore rupees by more than the amount of income that exceeds one 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: 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"; provided also that in case of every domestic company whose income is chargeable to tax under section 115baa or section 115bab 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 ten per cent of such "advance tax": provided also that in case of every individual or hindu undivided family, whose income is chargeable to tax under section 115bac 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, as provided in paragraph a of part iii of the first schedule provided also that in case of every resident co-operative society whose income is chargeable to tax under section 115bad 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 ten per cent of such "advance tax": (10) in cases to which paragraph a of part iii 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 five thousand rupees, in addition to total income and the total income exceeds two lakh fifty thousand rupees, then, in charging income-tax under sub-section (2) of section 174 or section 174a or section 175 or sub-section (2) of section 176 of the said act or in computing the "advance tax" payable under chapter xvii-c of the said act, at the rate or rates in force,— (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 the first two lakh fifty thousand rupees of the total income but without being liable to tax], only for the purpose of charging or computing such income-tax or, as the case may be, "advance tax" in respect of the total income; and (b) such income-tax or, as the case may be, "advance tax" shall be so charged or computed as follows:— (i) the total income and the net agricultural income shall be aggregated and the amount of income-tax or "advance tax" shall be determined in respect of the aggregate income at the rates specified in the said paragraph a, as if such aggregate income were the total income; (ii) the net agricultural income shall be increased by a sum of two lakh fifty 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 paragraph a, as if the net agricultural income were the total income; (iii) the amount of income-tax or "advance tax" determined in accordance with sub-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 (ii) 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 in the case of every individual, being a resident in india, who is of the age of sixty years or more but less than eighty years at any time during the previous year, referred to in item (ii) of paragraph a of part iii of the first schedule, the provisions of this sub-section shall have effect as if for the words "two lakh fifty thousand rupees", the words "three lakh rupees" had been substituted: provided further that in the case of every individual, being a resident in india, who is of the age of eighty years or more at any time during the previous year, referred to in item (iii) of paragraph a of part iii of the first schedule, the provisions of this sub-section shall have effect as if for the words "two lakh fifty thousand rupees", the words "five lakh rupees" had been substituted: provided also that the amount of income-tax or "advance tax" so arrived at, shall be increased by a surcharge for the purposes of the union, calculated in each case, in the manner provided therein (11) the amount of income-tax as specified in sub-sections (1) to (3) and as increased by the applicable surcharge, for the purposes of the union, calculated in the manner provided therein, shall be further increased by an additional surcharge, for the purposes of the union, to be called the "health and education cess on income-tax", calculated at the rate of four per cent of such income-tax and surcharge so as to fulfil the commitment of the government to provide and finance quality health services and universalised quality basic education and secondary and higher education (12) the amount of income-tax as specified in sub-sections (4) to (10) and as increased by the applicable surcharge, for the purposes of the union, calculated in the manner provided therein, shall be further increased by an additional surcharge, for the purposes of the union, to be called the "health and education cess on income-tax", calculated at the rate of four per cent of such income-tax and surcharge so as to fulfil the commitment of the government to provide and finance quality health services and universalised quality basic education and secondary and higher education: provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the income-tax act mentioned in sub-sections (5), (6), (7) and (8), if the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in india (13) for the purposes of this section and the first schedule,— (a) "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 commencing on the 1st day of april, 2018, 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; (b) "insurance commission" means any remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business (including business relating to the continuance, renewal or revival of policies of insurance); (c) "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; (d) 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 chapter iii direct taxes income-tax 3 in section 2 of the income-tax act,–– amendment of section 2 (i) in clause (11), in sub-clause (b), after the words "or commercial rights of similar nature,", the words "not being goodwill of a business or profession," shall be inserted; (ii) in clause (14), after sub-clause (b), the following sub- clause shall be inserted, namely:–– "(c) any unit linked insurance policy to which exemption under clause (10d) of section 10 does not apply on account of the applicability of the fourth and fifth proviso thereof;"; (iii) in clause (19aa), after explanation 5, the following explanation shall be inserted, namely:–– "explanation 6–– for the purposes of this clause, the reconstruction or splitting up of a public sector company into separate companies shall be deemed to be a demerger, if such reconstruction or splitting up has been made to transfer any asset of the demerged company to the resulting company and the resulting company–– 18 of 2013 (i) is a public sector company on the appointed day indicated in such scheme, as may be approved by the central government or any other body authorised under the provisions of the companies act, 2013 or any other law for the time being in force governing such public sector companies in this behalf; and (ii) fulfils such other conditions as may be notified by the central government in the official gazette in this behalf;"; (iv) clause (29a) shall be renumbered as clause (29aa) thereof and before clause (29aa) as so renumbered, the following clause shall be inserted, namely:–– '(29a) "liable to tax", in relation to a person, means that there is a liability of tax on such person under any law for the time being in force in any country, and shall include a case where subsequent to imposition of tax liability, an exemption has been provided;'; (v) in clause (42c),── (i) for the words "undertaking as a result of the sale", the words "undertaking, by any means," shall be substituted; (ii) after explanation 2, the following explanation shall be inserted, namely:–– 'explanation 3––for the purposes of this clause, "transfer" shall have the meaning assigned to it in clause (47);'; (vi) in clause (48), with effect from the 1st day of april, 2022,–– (i) in sub-clause (a), after the words "infrastructure capital fund or", the words "infrastructure debt fund or" shall be inserted; (ii) in sub-clause (b), after the words "infrastructure capital fund or", the words "infrastructure debt fund or" shall be inserted; (iii) the explanation shall be numbered as explanation 1 thereof and after explanation 1 as so numbered, the following explanation shall be inserted, namely:–– 'explanation 2—for the purposes of this clause, the expression "infrastructure debt fund" shall mean the infrastructure debt fund notified by the central government in the official gazette under clause (47) of section 10' 4 in section 9a of the income-tax act, after sub-section (8), amendment of section 9a the following sub-section shall be inserted with effect from the 1st day of april, 2022, namely:–– "(8a) the central government may, by notification in the official gazette, specify that any one or more of the conditions specified in clauses (a) to (m) of sub-section (3) or clauses (a) to (d) of sub-section (4) shall not apply or shall apply with such modifications, as may be specified in such notification, in case of an eligible investment fund and its eligible fund manager, if such fund manager is located in an international financial services centre, as defined in clause (a) of the explanation to section 80la, and has commenced its operations on or before the 31st day of march, 2024" amendment of section 10 5 in section 10 of the income-tax act,–– (a) with effect from the 1st day of april, 2022,–– (i) in clause (4d),–– (i) after the words "attributable to units held by non-resident (not being the permanent establishment of a non-resident in india)", the words "or is attributable to the investment division of offshore banking unit, as the case may be," shall be inserted; (ii) in the explanation,–– (a) after clause (a), the following clause shall be inserted, namely:–– '(aa) "investment division of offshore banking unit" means an investment division of a banking unit of a non-resident located in an international financial services centre, as referred to in sub-section (1a) of section 80la and which has commenced its operations on or before the 31st day of march, 2024'; (b) for clause (c), the following clause shall be substituted, namely:–– '(c) "specified fund" means,–– (i) a fund established or incorporated in india in the form of a trust or a company or a limited liability partnership or a body corporate,–– (i) which has been granted a 15 of 1992 certificate of registration as a category iii alternative investment fund and is regulated under the securities and exchange board of india (alternative investment fund) regulations, 2012, made under the securities and exchange board of india act, 1992; (ii) which is located in any international financial services centre; and (iii) of which all the units other than unit held by a sponsor or manager are held by non-residents; or (ii) investment division of an offshore banking unit, which has been–– (i) granted a certificate of registration as a category iii alternative investment fund and is regulated under the securities and exchange board of india (alternative investment fund) regulations, 2012, made under the securities and 15 of 1992 exchange board of india act, 1992 or which has commenced its operations on or before the 31st day of march, 2024; and (ii) fulfils such conditions including maintenance of separate accounts for its investment division, as may be prescribed;'; (ii) after clause (4d), the following clauses shall be inserted, namely:–– "(4e) any income accrued or arisen to, or received by a non-resident as a result of transfer of nondeliverable forward contracts entered into with an offshore banking unit of an international financial services centre as referred to in sub-section (1a) of section 80la, which fulfils such conditions as may be prescribed; (4f) any income of a non-resident by way of royalty, on account of lease of an aircraft in a previous year, paid by a unit of an international financial services centre as referred to in sub-section (1a) of section 80la, if the unit–– (i) is eligible for deduction under the said section for that previous year; and (ii) has commenced its operations on or before the 31st day of march, 2024"; (b) in clause (5),–– (i) after the proviso and before the explanation, the following proviso shall be inserted, namely:–– "provided further that for the assessment year beginning on the 1st day of april, 2021, the value in lieu of any travel concession or assistance received by, or due to, such individual shall also be exempt under this clause subject to the fulfillment of such conditions (including the condition of incurring such amount of such expenditure within such period), as may be prescribed"; (ii) the explanation shall be numbered as explanation 1 thereof and after explanation 1 as so numbered, the following explanation shall be inserted, namely:–– "explanation 2—for the removal of doubts, it is hereby clarified that where an individual claims exemption and the exemption is allowed under the second proviso in connection with the prescribed expenditure, no exemption shall be allowed under this clause in respect of such prescribed expenditure to any other individual"; (c) in clause (10d),–– (i) after the third proviso and before explanation 1, the following provisos shall be inserted, namely:–– "provided also that nothing contained in this clause shall apply with respect to any unit linked insurance policy, issued on or after the 1st day of february, 2021, if the amount of premium payable for any of the previous year during the term of such policy exceeds two lakh and fifty thousand rupees: provided also that if the premium is payable, by a person, for more than one unit linked insurance policies, issued on or after the 1st day of february, 2021, the provisions of this clause shall apply only with respect to those unit linked insurance policies, where the aggregate amount of premium does not exceed the amount referred to in fourth proviso in any of the previous year during the term of any of those policies: provided also that the provisions of the fourth and fifth provisos shall not apply to any sum received on the death of a person: provided also that if any difficulty arises in giving effect to the provisions of this clause, the board may, with the previous approval of the central government, issue guidelines for the purpose of removing the difficulty and every guideline issued by the board under this proviso shall be laid before each house of parliament, and shall be binding on the income-tax authorities and the assessee"; (ii) after explanation 2, the following explanation shall be inserted, namely:–– 'explanation 3— for the purposes of this clause, 4 of 1938 41 of 1999 "unit linked insurance policy" means a life insurance policy which has components of both investment and insurance and is linked to a unit as defined in clause (ee) of regulation 3 of the insurance regulatory and development authority of india (unit linked insurance products) regulations, 2019 issued by the insurance regulatory and development authority under the insurance act, 1938 and the insurance regulatory and development authority act, 1999'; (d) with effect from the 1st day of april, 2022,–– (i) in clause (11), the following proviso shall be inserted, namely:–– "provided that the provisions of this clause shall not apply to the income by way of interest accrued during the previous year in the account of a person to the extent it relates to the amount or the aggregate of amounts of contribution made by that person exceeding two lakh and fifty thousand rupees in any previous year in that fund, on or after the 1st day of april, 2021 and computed in such manner as may be prescribed;"; (ii) in clause (12), the following proviso shall be inserted, namely:–– "provided that the provisions of this clause shall not apply to the income by way of interest accrued during the previous year in the account of a person to the extent it relates to the amount or the aggregate of amounts of contribution made by that person exceeding two lakh and fifty thousand rupees in any previous year in that fund, on or after the 1st day of april, 2021 and computed in such manner as may be prescribed;"; (iii) in clause (23c),–– (i) in sub-clause (iiiad), for the words "receipts of such university or educational institution do not exceed the amount of annual receipts as may be prescribed", the words "receipts of the person from such university or universities or educational institution or educational institutions do not exceed five crore rupees" shall be substituted; (ii) in sub-clause (iiiae),–– (a) for the words "receipts of such hospital or institution do not exceed the amount of annual receipts as may be prescribed; or", the words "receipts of the person from such hospital or hospitals or institution or institutions do not exceed five crore rupees" shall be substituted; (b) after sub-clause (iiiae), the following explanation shall be inserted, namely:–– "explanation––for the purposes of sub-clauses (iiiad) and (iiiae), it is hereby clarified that if the person has receipts from university or universities or educational institution or institutions as referred to in sub-clause (iiiad), as well as from hospital or hospitals or institution or institutions as referred to in sub-clause (iiiae), the exemptions under these clauses shall not apply, if the aggregate of annual receipts of the person from such university or universities or educational institution or institutions or hospital or hospitals or institution or institutions, exceed five crore rupees; or"; (iii) in the third proviso,–– (a) the explanation shall be numbered as explanation 1 thereof and in explanation 1 as so numbered, after the words "medical institution:" occurring at the end, the words, brackets and figures "subject to the condition that such voluntary contributions are invested or deposited in one or more of the forms or modes specified in subsection (5) of section 11 maintained specifically for such corpus" shall be inserted; (b) after explanation 1 as so numbered, the following explanation shall be inserted, namely:–– "explanation 2––for the purposes of determining the amount of application under this proviso,- (i) application for charitable or religious purposes from the corpus as referred to in explanation 1, shall not be treated as application of income for charitable or religious purposes: provided that the amount not so treated as application or part thereof, shall be treated as application for charitable or religious purposes in the previous year in which the amount, or part thereof, is invested or deposited back, into one or more of the forms or modes specified in sub-section (5) of section 11 maintained specifically for such corpus, from the income of that year and to the extent of such investment or deposit; and (ii) application for charitable or religious purposes, from any loan or borrowing, shall not be treated as application of income for charitable or religious purposes: provided that the amount not so treated as application or part thereof, shall be treated as application for charitable or religious purposes in the previous year in which the loan or borrowing, or part thereof, is repaid from the income of that year and to the extent of such repayment:"; (iv) in the fourteenth proviso, after the figures and letters "12aa", the words, figures and letters "or section 12ab" shall be inserted; (v) after the twentieth proviso, the explanation shall be numbered as explanation 1 thereof and after explanation 1 as so numbered, the following explanation shall be inserted, namely:–– "explanation 2––for the purposes of this clause, it is clarified that the calculation of income required to be applied or accumulated during the previous year shall be made without any set off or deduction or allowance of any excess application of any of the year preceding to the previous year;"; (e) in clause (23fe),–– (a) in sub-clause (iii),–– (i) in item (c),–– (i) for the words "hundred per cent", the words "not less than fifty per cent" shall be substituted; (ii) after the word, brackets and letter "item (b)", the words, brackets, figures and letter "or in an infrastructure investment trust referred to in subclause (i) of clause (13a) of section 2; or" shall be inserted; (ii) after item (c), the following items shall be inserted, namely:–– "(d) a domestic company, set up and registered on or after the 1st day of april, 2021, having minimum seventyfive per cent investments in one or more of the companies or enterprises or entities referred to in item (b); or (e) a non-banking financial company registered as an infrastructure finance company as referred to in notification number rbi/2009-10/316 issued by the reserve bank of india or in an infrastructure debt fund, a non-banking finance company, as referred to in the infrastructure debt fund-non-banking financial companies (reserve bank) directions, 2011, issued by the reserve bank of india, having minimum ninety per cent lending to one or more of the companies or enterprises or entities referred to in item (b):"; (b) after the third proviso, the following provisos shall be inserted, namely:–– "provided also that in case a category-i or category-ii alternative investment fund referred to in item (c) of sub-clause (iii) has investment of less than one hundred per cent in one or more of the companies or enterprises or entities referred to in item (b) of the said sub-clause or in an infrastructure investment trust referred to in item (c) of the said sub-clause, income accrued or arisen or received or attributable to such investment, directly or indirectly, which is exempt under this clause shall be calculated proportionately to that investment made in one or more of the companies or enterprises or entities referred to in item (b) of the said sub-clause or in the infrastructure investment trust referred to in item (c) of the said sub-clause, in such manner as may be prescribed: provided also that in case a domestic company referred to in item (d) of sub-clause (iii) has investment of less than one hundred per cent in one or more of the companies or enterprises or entities referred to in item (b) of the said sub-clause, income accrued or arisen or received or attributable to such investments, directly or indirectly, which is exempt under this clause shall be calculated proportionately to the investment made in one or more of the companies or enterprises or entities referred to in item (b) of the said sub-clause, in such manner as may be prescribed: provided also that in case a non-banking finance company registered as an infrastructure finance company or infrastructure debt fund, referred to in item (e) of sub-clause (iii), has lending of less than one hundred per cent in one or more of the companies or enterprises or entities referred to in item (b) of the said sub-clause, income accrued or arisen or received or attributable to such lending, directly or indirectly, which is exempt under this clause shall be calculated proportionately to the lending made in one or more of the companies or enterprises or entities referred to in item (b) of the said sub-clause, in such manner as may be prescribed: provided also that in case a sovereign wealth fund or pension fund has loans or borrowings, directly or indirectly, for the purposes of making investment in india, such fund shall be deemed to be not eligible for exemption under this clause"; (c) the explanation shall be numbered as explanation 1 thereof, and in explanation 1 as so numbered,–– (i) in clause (b),–– (i) after sub-clause (iv), the following proviso shall be inserted, namely:–– "provided that the provisions of sub-clause (iii) and (iv) shall not apply to any payment made to creditors or depositors for loan taken or borrowing for the purposes other than for making investment in india;"; (ii) in sub-clause (v), for the words "undertake any commercial activity whether within or outside india", the words "participate in the day to day operations of investee but the monitoring mechanism to protect the investment with the investee including the right to appoint directors or executive director shall not be considered as participation in the day to day operations of the investee" shall be substituted; (ii) in clause (c),–– (i) in sub-clause (ii), after the word "country", the words "or if liable to tax, exemption from taxation for all its income has been provided by such foreign country" shall be inserted; (ii) in sub-clause (iii), for the words "prescribed; and", the word "prescribed;", shall be substituted; (iii) after sub-clause (iii), the following sub- clause shall be inserted, namely:–– "(iiia) it does not participate in the day to day operations of investee but the monitoring mechanism to protect the investment with the investee including the right to appoint directors or executive director shall not be considered as participation in day to day operations of the investee; and"; (d) after explanation 1, the following explanations shall be inserted, namely:–– 'explanation 2— for the purposes of this clause,–– (i) "investee" means a business trust, or a company, or an enterprise, or an entity, or a category i or category ii alternative investment fund, or an infrastructure investment trust or a domestic company, or an infrastructure finance company or an infrastructure debt fund referred to in item (e) of sub-clause (iii), in which the sovereign wealth fund or the pension fund, as the case may be, has made the investment, directly or indirectly, under the provisions of this clause; (ii) "loan and borrowing" means— (a) any loan taken or borrowing by a sovereign wealth fund from, or any deposit or investment made in a sovereign wealth fund by, any person other than the government of the country in which the sovereign wealth fund is set up; (b) any loan taken or borrowing by a pension fund from or any deposit or investment made in a pension fund by, any person but shall not include the deposit or investment which represents statutory obligations and defined contributions of one or more funds or plans established for providing retirement, social security, employment, disability, death benefits or any similar compensation to the participants or beneficiaries of such funds or plans, as the case may be explanation 3––for the purposes of this clause, the central government may prescribe that the method of calculation of "fifty per cent" referred to in item (c) or "seventy-five per cent" referred to in item (d) or "ninety per cent" referred to in item (e), of sub-clause (iii) shall be such as may be prescribed;'; (f) after clause (23fe), the following clause shall be inserted with effect from the 1st day of april, 2022, namely:–– '(23ff) any income of the nature of capital gains, arising or received by a non-resident, which is on account of transfer of share of a company resident in india, by the resultant fund and such shares were transferred from the original fund to the resultant fund in relocation, and where capital gains on such shares were not chargeable to tax if that relocation had not taken place explanation––for the purposes of this clause, the expressions "original fund", "relocation" and "resultant fund" shall have the meanings respectively assigned to them in the explanation to clause (viiac) and clause (viiad) of section 47;'; (g) in clause (50),–– (i) for the figures "2021", the figures "2020" shall be substituted; (ii) for the explanation, the following explanations shall be substituted, namely:–– 'explanation 1––for the removal of doubts it is hereby clarified that the income referred to in this clause shall not include and shall be deemed never to have been included any income which is chargeable to tax as royalty or fees for technical services in india under this act read with the agreement notified by the central government under section 90 or section 90a explanation 2—for the purposes of this clause,–– 28 of 2016 (i) "e-commerce supply or services" shall have the meaning assigned to it in clause (cb) of section 164 of the finance act, 2016; (ii) "specified service" shall have the meaning 28 of 2016 assigned to it in clause (i) of section 164 of the finance act, 2016' 6 in section 11 of the income-tax act, with effect from the amendment of section 11 1st day of april, 2022,–– (a) in sub-section (1),–– (i) in clause (d), for the word "institution", the words, brackets and figures "institution, subject to the condition that such voluntary contributions are invested or deposited in one or more of the forms or modes specified in sub-section (5) maintained specifically for such corpus" shall be substituted; (ii) after explanation 3, the following explanations shall be inserted, namely:–– "explanation 4––for the purposes of determining the amount of application under clause (a) or clause (b),–– (i) application for charitable or religious purposes from the corpus as referred to in clause (d) of this subsection, shall not be treated as application of income for charitable or religious purposes: provided that the amount not so treated as application, or part thereof, shall be treated as application for charitable or religious purposes in the previous year in which the amount, or part thereof, is invested or deposited back, into one or more of the forms or modes specified in sub-section (5) maintained specifically for such corpus, from the income of that year and to the extent of such investment or deposit; and (ii) application for charitable or religious purposes, from any loan or borrowing, shall not be treated as application of income for charitable or religious purposes: provided that the amount not so treated as application, or part thereof, shall be treated as application for charitable or religious purposes in the previous year in which the loan or borrowing, or part thereof, is repaid from the income of that year and to the extent of such repayment explanation 5––for the purposes of this sub-section, it is hereby clarified that the calculation of income required to be applied or accumulated during the previous year shall be made without any set off or deduction or allowance of any excess application of any of the year preceding the previous year"; (b) in sub-section (2), in the explanation, after the figures and letters "12aa", the words, figures and letters "or section 12ab" shall be inserted; (c) in sub-section (3), in clause (d), after the figures and letters "12aa", the words, figures and letters "or section 12ab" shall be inserted amendment of section 32 7 in section 32 of the income-tax act, in sub-section (1),–– (a) in clause (ii), after the words, figures and letters, "after the 1st day of april, 1998,", the words "not being goodwill of a business or profession," shall be inserted; (b) in explanation 3, in clause (b), after the words "or commercial rights of similar nature", the words ", not being goodwill of a business or profession" shall be inserted amendment of section 36 8 in section 36 of the income-tax act, in sub-section (1), in clause (va), the explanation shall be numbered as explanation 1 thereof and after explanation 1 as so numbered, the following explanation shall be inserted, namely:–– 'explanation 2––for the removal of doubts, it is hereby clarified that the provisions of section 43b shall not apply and shall be deemed never to have been applied for the purposes of determining the "due date" under this clause;' amendment of section 43b 9 in section 43b of the income-tax act, after explanation 4, the following explanation shall be inserted, namely:–– "explanation 5––for the removal of doubts, it is hereby clarified that the provisions of this section shall not apply and shall be deemed never to have been applied to a sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 applies" amendment of section 43ca 10 in section 43ca of the income-tax act,–– (a) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:–– 'provided further that in case of transfer of an asset, being a residential unit, the provisions of this proviso shall have the effect as if for the words "one hundred and ten per cent", the words "one hundred and twenty per cent" had been substituted, if the following conditions are satisfied, namely:–– (i) the transfer of such residential unit takes place during the period beginning from the 12th day of november, 2020 and ending on the 30th day of june, 2021; (ii) such transfer is by way of first time allotment of the residential unit to any person; and (iii) the consideration received or accruing as a result of such transfer does not exceed two crore rupees'; (b) after sub-section (4), the following explanation shall be inserted, namely:–– 'explanation––for the purposes of this section, "residential unit" means an independent housing unit with separate facilities for living, cooking and sanitary requirement, distinctly separated from other residential units within the building, which is directly accessible from an outer door or through an interior door in a shared hallway and not by walking through the living space of another household' amendment of section 44ab 11 in section 44ab of the income-tax act, in clause (a), in the proviso, in long line, for the words "five crore rupees", the words "ten crore rupees" shall be substituted amendment of section 44ada 6 of 2009 12 in section 44ada of the income-tax act, in sub-section (1), for the words "in the case of an assessee, being a resident in india, who", the words, brackets, letter and figures "in case of an assessee, being an individual, hindu undivided family or a partnership firm other than a limited liability partnership as defined under clause (n) of sub-section (1) of section 2 of the limited liability partnership act, 2008, who is a resident in india, and" shall be substituted amendment of section 44db 13 in section 44db of the income-tax act,── (a) in sub-section (3), after the words "successor co- operative bank", the words "or to the converted banking company" shall be inserted; (b) in sub-section (4), after the words "a successor co- operative bank", and the words "the successor co-operative bank" the words "or to a converted banking company" and the words "or to the converted banking company" shall, respectively, be inserted; (c) in sub-section (5),–– (i) after clause (c), the following clause shall be inserted, namely:–– '(ca) "banking company" shall have the meaning 10 of 1949 assigned to it in clause (c) of section 5 of banking regulation act, 1949;'; (ii) in clause (d), after the words "a co-operative bank", the words "or conversion of a primary cooperative bank" shall be inserted; (iii) after clause (d), the following clauses shall be inserted, namely:–– '(da) "conversion" means transition of a primary co-operative bank to a banking company under the scheme of the reserve bank of india as notified vide its circular number dcbr co ls pcb cir no 5/0701000/2018-19, dated the 27th september, 2018; (db) "converted banking company" means a banking company formed as a result of conversion from primary co-operative bank;' ; (iv) in clause (h), after the words "the demerged cooperative bank", the words "or the primary co-operative bank which has been succeeded as a result of conversion" shall be inserted; (v) after clause (h), the following clause shall be inserted, namely:–– '(ha) "primary co-operative bank" shall have the 10 of 1949 meaning assigned to it in clause (ccv) of section 5 of the banking regulation act, 1949;' amendment of section 45 14 in section 45 of the income-tax act,–– (a) after sub-section (1a), the following sub-section shall be inserted, namely:–– '(1b) notwithstanding anything contained in sub-section (1), where any person receives at any time during any previous year any amount under a unit linked insurance policy, to which exemption under clause (10d) of section 10 does not apply on account of the applicability of the fourth and fifth proviso thereof, including the amount allocated by way of bonus on such policy, then, any profits or gains arising from receipt of such amount by such person shall be chargeable to income-tax under the head "capital gains" and shall be deemed to be the income of such person of the previous year in which such amount was received and the income taxable shall be calculated in such manner as may be prescribed'; (b) for sub-section (4), the following sub-sections shall be substituted, namely:–– '(4) notwithstanding anything contained in sub-section (1), where a specified person receives during the previous year any capital asset at the time of dissolution or reconstitution of the specified entity, which represents the balance in his capital account in the books of accounts of such specified entity at the time of its dissolution or reconstitution, then any profits or gains arising from receipt of such capital asset by the specified person shall be chargeable to income-tax as income of such specified entity under the head "capital gains" and shall be deemed to be the income of such specified entity of the previous year in which such capital asset was received by the specified person and notwithstanding anything to the contrary contained in this act, for the purposes of section 48,–– (a) fair market value of the capital asset on the date of such receipt shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of such capital asset; and (b) the cost of acquisition of the capital asset shall be determined in accordance with the provisions of this chapter: provided that the balance in the capital account of the specified person in the books of account of the specified entity is to be calculated without taking into account increase in the capital account of the specified person due to revaluation of any asset or due to self-generated goodwill or any other self-generated asset explanation––for the purposes of this sub-section,–– (i) "specified entity" means a firm or other association of persons or body of individuals (not being a company or a cooperative society); (ii) "self-generated goodwill" and "self-generated asset" mean goodwill or asset, as the case may be, which has been acquired without incurring any cost for purchase or which has been generated during the course of the business or profession; (iii) "specified person" means a person who is partner of a firm or member of other association of persons or body of individuals (not being a company or a cooperative society), in any previous year (4a) notwithstanding anything contained in sub-section (1), where a specified person receives during the previous year any money or other asset at the time of dissolution or reconstitution of the specified entity, which is in excess of the balance in his capital account in the books of accounts of such specified entity at the time of its dissolution or reconstitution, then any profits or gains arising from receipt of such money or other asset by the specified person shall be chargeable to income-tax as income of such specified entity under the head "capital gains" and shall be deemed to be the income of such specified entity of the previous year in which such money or other asset was received by the specified person and notwithstanding anything to the contrary contained in this act, for the purposes of section 48,–– (a) value of any money or the fair market value of other asset on the date of such receipt shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of such capital asset; and (b) the balance in the capital account of the specified person in the books of accounts of the specified entity at the time of its dissolution or reconstitution shall be deemed to be the cost of acquisition: provided that the balance in the capital account of the specified person in the books of account of the specified entity is to be calculated without taking into account increase in the capital account of the specified person due to revaluation of any asset or due to self-generated goodwill or any other self-generated asset explanation––for the purpose of this sub-section, the expressions "specified entity", "self-generated goodwill", "selfgenerated asset" and "specified person" shall have the meaning respectively assigned to them in sub-section (4)' amendment of section 47 15 in section 47 of the income-tax act,── (a) in clause (vica), after the words "successor co-operative bank", the words "or to the converted banking company" shall be inserted; (b) in clause (vicb),–– (i) after the words "successor co-operative bank", the words "or to the converted banking company" shall be inserted; (ii) in the explanation, for the words 'expressions "business reorganisation", "predecessor co-operative bank" and', the words 'expressions "business reorganisation", "converted banking company", "predecessor co-operative bank" and' shall be substituted; (c) after clause (viiab), the following clauses shall be inserted with effect from the 1st day of april, 2022, namely:–– '(viiac) any transfer, in a relocation, of a capital asset by the original fund to the resulting fund; (viiad) any transfer by a shareholder or unit holder or interest holder, in a relocation, of a capital asset being a share or unit or interest held by him in the original fund in consideration for the share or unit or interest in the resultant fund; explanation–– for the purposes of clauses (viiac) and (viiad),–– (a) "original fund" means a fund established or incorporated or registered outside india, which collects funds from its members for investing it for their benefit and fulfills the following conditions, namely:— (i) the fund is not a person resident in india; (ii) the fund is a resident of a country or a specified territory with which an agreement referred to in sub-section (1) of section 90 or subsection (1) of section 90a has been entered into; or is established or incorporated or registered in a country or a specified territory as may be notified by the central government in this behalf; (iii) the fund and its activities are subject to applicable investor protection regulations in the country or specified territory where it is established or incorporated or is a resident; and (iv) fulfils such other conditions as may be prescribed; (b) "relocation" means transfer of assets of the original fund to a resultant fund on or before the 31st day of march, 2023, where consideration for such transfer is discharged in the form of share or unit or interest in the resulting fund to the shareholder or unit holder or interest holder of the original fund in the same proportion in which the share or unit or interest was held by such shareholder or unit holder or interest holder in such original fund; (c) "resultant fund" means a fund established or incorporated in india in the form of a trust or a company or a limited liability partnership, which–– 15 of 1992 (i) has been granted a certificate of registration as a category i or category ii or category iii alternative investment fund, and is regulated under the securities and exchange board of india (alternative investment fund) regulations, 2012 made under the securities and exchange board of india act, 1992; and (ii) is located in any international financial services centre as referred to in sub-section (1a) of section 80la;' 16 in section 48 of the income-tax act, after clause (ii) the amendment of section 48 following clause shall be inserted, namely: ── "(iii) in case of specified entity referred to in sub-section (4a) of section 45, the amount included in the total income of such specified entity under sub-section (4a) of section 45 which is attributable to the capital asset being transferred, calculated in the prescribed manner:" amendment of section 49 17 in section 49 of the income-tax act, in sub-section (1), in clause (iii), in sub-clause (e), after the words, brackets, figures and letters "clause (vicc) or", the words, brackets, figures and letters "clause (viiac) or clause (viiad) or" shall be inserted with effect from the 1st day of april, 2022 18 in section 50 of the income-tax act, in clause (2), the amendment of section 50 following proviso shall be inserted, namely:–– "provided that in a case where goodwill of a business or profession forms part of a block of asset for the assessment year beginning on the 1st day of april, 2020 and depreciation thereon has been obtained by the assessee under the act, the written down value of that block of asset and short term capital gain, if any, shall be determined in such manner as may be prescribed" 19 in section 54gb of the income-tax act, in sub-section (5), amendment of section 54gb in the proviso, for the figures "2021", the figures "2022" shall be substituted 20 in section 55 of the income-tax act, in sub-section (2), amendment of section 55 for clause (a), the following clause shall be substituted, namely:–– "(a) in relation to a capital asset, being goodwill of a business or profession, or a trade mark or brand name associated with a business or profession, or a right to manufacture, produce or process any article or thing, or right to carry on any business or profession, or tenancy rights, or stage carriage permits, or loom hours,— (i) in the case of acquisition of such asset by the assessee by purchase from a previous owner, means the amount of the purchase price; and (ii) in the case falling under sub-clauses (i) to (iv) of sub-section (1) of section 49 and where such asset was acquired by the previous owner (as defined in that section) by purchase, means the amount of the purchase price for such previous owner; and (iii) in any other case, shall be taken to be nil: provided that where the capital asset, being goodwill of a business or profession, in respect of which a deduction on account of depreciation under sub-section (1) of section 32 has been obtained by the assessee in any previous year preceding the previous year relevant to the assessment year commencing on or after the 1st day of april, 2021, the provisions of sub-clauses (i) and (ii) shall apply with the modification that the total amount of depreciation obtained by the assessee under sub-section (1) of section 32 before the assessment year commencing on the 1st day of april, 2021 shall be reduced from the amount of purchase price;" amendment of section 56 21 in section 56 the income-tax act, in sub-section (2), in clause (x),–– (a) in sub-clause (b), in item (b), after the third proviso, the following proviso shall be inserted, namely:–– "provided also that in case of property being referred to in the second proviso to sub-section (1) of section 43ca, the provisions of sub-item (ii) of item (b) shall have effect as if for the words "ten per cent", the words "twenty per cent" had been substituted;"; (b) in the proviso, in clause (ix) after the words, brackets and figures "clause (vii)", the words, brackets, figures and letters "or clause (viiac) or clause (viiad)" shall be inserted with effect from the 1st day of april, 2022 22 in section 72a of the income-tax act, in sub-section amendment of section 72a (1),–– (i) for clause (c), the following clauses shall be substituted, namely:–– "(c) one or more public sector company or companies with one or more public sector company or companies; or (d) an erstwhile public sector company with one or more company or companies, if the share purchase agreement entered into under strategic disinvestment restricted immediate amalgamation of the said public sector company and the amalgamation is carried out within five year from the end of the previous year in which the restriction on amalgamation in the share purchase agreement ends,"; (ii) after the long line, the following shall be inserted, namely:–– 'provided that the accumulated loss and the unabsorbed depreciation of the amalgamating company, in case of an amalgamation referred to in clause (d), which is deemed to be the loss or, as the case may be, the allowance for unabsorbed depreciation of the amalgamated company, shall not be more than the accumulated loss and unabsorbed depreciation of the public sector company as on the date on which the public sector company ceases to be a public sector company as a result of strategic disinvestment explanation––for the purposes of clause (d),–– 18 of 2013 (i) "control" shall have the same meaning as assigned to in clause (27) of section 2 of the companies act, 2013; (ii) "erstwhile public sector company" means a company which was a public sector company in earlier previous years and ceases to be a public sector company by way of strategic disinvestment by the government; (iii) "strategic disinvestment" means sale of shareholding by the central government or any state government in a public sector company which results in reduction of its shareholding to below fifty-one per cent along with transfer of control to the buyer' amendment of section 79 23 in section 79 of the income-tax act, in sub-section (2), after clause (d), the following clause shall be inserted with effect from the 1st day of april, 2022, namely:–– "(e) to a company to the extent that a change in the shareholding has taken place during the previous year on account of relocation referred to in the explanation to clause (viiac) and (viiad) of section 47" amendment of section 80eea 24 in section 80eea of the income-tax act, in sub-section (3), in clause (i), for the figures "2021", the figures "2022" shall be substituted with effect from the 1st day of april, 2022 amendment of section 80-iac 25 in section 80-iac of the income-tax act, in the explanation, in clause (ii), in sub-clause (a), for the figures "2021", the figures "2022" shall be substituted 26 in section 80-iba of the income-tax act, with effect from amendment of section 80-iba the 1st day of april, 2022,–– (a) after sub-section (1) , the following sub-section shall be inserted, namely:–– "(1a) where the gross total income of an assessee includes any profits and gains derived from the business of developing and building rental housing project, there shall be allowed a deduction of an amount equal to hundred per cent of the profits and gains derived from such business"; (b) in sub-section (2), in clause (a), for the figures "2021", the figures "2022"shall be substituted; (c) in sub-section (6), after clause (d), the following clause shall be inserted, namely:–– '(da) "rental housing project" means a project which is notified by the central government in the official gazette under this clause on or before the 31st day of march, 2022 and fulfils such conditions as may be specified in the said notification;' amendment of section 80la 27 in section 80la of the income-tax act, with effect from the 1st day of april, 2022,–– (i) in sub-section (1a), for the words "any other relevant 50 of 2019 laws was obtained", the words "permission or registration under the international financial services centre authority act, 2019 was obtained" shall be substituted; (ii) in sub-section (2), after clause (c), the following clause shall be inserted, namely:–– "(d) arising from the transfer of an asset, being an aircraft or aircraft engine, which was leased by a unit referred to in clause (c) to a domestic company engaged in the business of operation of aircraft, before such transfer subject to condition that the unit has commenced operation on or before the 31st day of march, 2024"; (iii) in sub-section (3), for clause (ii), the following clause shall be substituted, namely:–– 10 of 1949 50 of 2019 "(ii) a copy of the permission obtained under clause (a) of sub-section (1) of section 23 of the banking regulation act, 1949 or copy of permission or registration obtained under the international financial services centre authority act, 2019" 28 after section 89 of the income-tax act, the following insertion of new section 89a section shall be inserted with effect from the 1st day of april, 2022, namely:–– '89a where a specified person has income accrued in a specified account, such income shall be taxed in such manner and in such year as may be prescribed relief from taxation in income from retirement benefit account maintained in a notified country explanation––for the purposes of this section,–– (a) "specified person" means a person resident in india who opened a specified account in a notified country while being non-resident in india and resident in that country; (b) "specified account" means an account maintained in a notified country by the specified person in respect of his retirement benefits and the income from such account is not taxable on accrual basis but is taxed by such country at the time of withdrawal or redemption; (c) "notified country" means a country as may be notified by the central government in the official gazette for the purposes of this section' 29 in section 112a of the income-tax act, in the amendment of section 112a explanation, in clause (a), in the opening portion, after the word and figures "section 10", the words, brackets, figures and letter "or under a scheme of an insurance company comprising unit linked insurance policies to which exemption under clause (10d) of the said section does not apply on account of the applicability of the fourth and fifth proviso thereof" shall be inserted 30 in section 115ad of the income-tax act, with effect from amendment of section 115ad the 1st day of april, 2022,–– (i) in sub-section (1),–– (a) in the opening portion, after the words "a specified fund", the words "or investment division of an offshore banking unit" shall be inserted; (b) in clause (b), in sub-clause (i), in item (b), after the words "of specified fund", the words "or investment division of an offshore banking unit" shall be inserted; (ii) after sub-section (1a), the following sub-section shall be inserted, namely:–– "(1b) notwithstanding anything contained in sub- 15 of 1992 section (1), in case of investment division of an offshore banking unit, the provisions of this section shall apply to the extent of income that is attributable to the investment division of such banking units, referred to in sub-clause (ii) of clause( c) to the explanation to clause (4d) of section 10, as a category-iii portfolio investor under the securities and exchange board of india (foreign portfolio investors) regulations, 2019 made under the securities and exchange board of india act, 1992, calculated in such manner as may be prescribed"; (iii) in sub-section (2), after the words "the specified fund" at both the places where they occur, the words "or investment division of an offshore banking unit" shall be inserted; (iv) in the explanation, after clause (a), the following clause shall be inserted, namely:––– "(aa) the expression "investment division of offshore banking unit" shall have the meaning assigned to it in clause (aa) of the explanation to clause (4d) of section 10;" 31 in section 115jb of the income-tax act, in sub-section amendment of section 115jb (2),–– (a) in explanation 1,–– (i) in clause (fb), in sub-clause (b), for the words "interest, royalty", the words "interest, dividend, royalty" shall be substituted; (ii) in the long line, in clause (iid), in sub-clause (b), for the words "interest, royalty", the words "interest, dividend, royalty" shall be substituted; (b) after sub-section (2c), the following sub-section shall be inserted, namely: ── "(2d) in the case of an assessee being a company, where there is an increase in book profit of the previous year due to income of past year or years included in the book profit on account of an advance pricing agreement entered into by the assessee under section 92cc or on account of secondary adjustment required to be made under section 92ce, the assessing officer shall, on an application made to him in this behalf by the asssessee, recompute the book profit of the past year or years and tax payable, if any, by the assessee during the previous year under sub-section (1), in such manner as may be prescribed and the provisions of section 154 shall, so far as may be, apply and the period of four years specified in sub-section (7) of that section shall be reckoned from the end of the financial year in which the said application is received by the assessing officer" 32 in section 139 of the income-tax act,––amendment of section 139 (a) in sub-section (1), in explanation 2,–– (i) in clause (a), in sub-clause (iii), after the words "any other law for the time being in force", the words, figure and letter "or the spouse of such partner if the provisions of section 5a applies to such spouse" shall be inserted; (ii) in clause (aa), after the words "an assessee", the words ", including the partners of the firm being such assessee," shall be inserted; (b) in sub-section (4), for the words "return for any previous year at any time before", the words "a return for any previous year at any time within three months prior to" shall be substituted; (c) in sub-section (5), for the words "he may furnish a revised return at any time", the words "he may furnish a revised return at any time within three months" shall be substituted; (d) in sub-section (9), in the explanation, the following proviso shall be inserted, namely:–– "provided that the board may, by notification in the official gazette, specify that any of the conditions specified in clauses (a) to (f) to the explanation shall not apply to such class of assessees or shall apply with such modifications, as may be specified in such notification" amendment of section 142 33 in section 142 of the income-tax act, in sub-section (1), in clause (i), after the existing proviso, the following proviso shall be inserted, namely:–– "provided further that a notice under this sub-section for the purposes of this clause may also be served by the prescribed income-tax authority," 34 in section 143 of the income-tax act,— amendment of section 143 (a) in sub-section (1),–– (i) in the second proviso, for the words "one year", the words "nine months" shall be substituted; (ii) in clause (a),–– (i) in sub-clause (iv), for the words "disallowance of expenditure indicated", the words "disallowance of expenditure or increase in income indicated" shall be substituted; (ii) in sub-clause (v), for the words, figures and letters "sections 10aa, 80-ia, 80-iab, 80-ib, 80-ic, 80-id or section 80-ie, if", the words, figures and letters 'section 10aa or under any of the provisions of chapter vi-a under the heading "c-deductions in respect of certain incomes", if' shall be substituted; (b) in sub-section (2), in the proviso, for the word "six", the word "three" shall be substituted substitution of new section for section 147 35 for section 147 of the income-tax act, the following section shall be substituted, namely:— "147 if any income chargeable to tax, in the case of an income escaping assessment assessee, has escaped assessment for any assessment year, the assessing officer may, subject to the provisions of sections 148 to 153, assess or reassess such income or recompute the loss or the depreciation allowance or any other allowance or deduction for such assessment year (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) explanation—for the purpose of assessment or reassessment under this section, the assessing officer may assess or reassess the income in respect of any issue, which has escaped assessment, and such issue comes to his notice subsequently in the course of the proceedings under this section, irrespective of the fact that the provisions of section 148a have not been complied with" substitution of new section for section 148 36 for section 148 of the income-tax act, the following section shall be substituted, namely:— "148 before making the assessment, reassessment or issue of notice where income has escaped assessment recomputation under section 147, and subject to the provisions of section 148a, the assessing officer shall serve on the assessee a notice, along with a copy of the order passed, if required, under clause (d) of section 148a, requiring him to furnish within such period, as may be specified in such notice, a return of his income or the income of any other person in respect of which he is assessable under this act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139: provided that no notice under this section shall be issued unless there is information with the assessing officer which suggests that the income chargeable to tax has escaped assessment in the case of the assessee for the relevant assessment year and the assessing officer has obtained prior approval of the specified authority to issue such notice explanation 1—for the purposes of this section and section 148a, the information with the assessing officer which suggests that the income chargeable to tax has escaped assessment means,— (i) any information flagged in the case of the assessee for the relevant assessment year in accordance with the risk management strategy formulated by the board from time to time; (ii) any final objection raised by the comptroller and auditor general of india to the effect that the assessment in the case of the assessee for the relevant assessment year has not been made in accordance with the provisions of this act explanation 2—for the purposes of this section, where,— (i) a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132a, on or after the 1st day of april, 2021, in the case of the assessee; or (ii) a survey is conducted under section 133a in the case of the assessee on or after the 1st day of april, 2021; or (iii) the assessing officer is satisfied, with the prior approval of the principal commissioner or commissioner, that any money, bullion, jewellery or other valuable article or thing, seized or requisitioned in case of any other person on or after the 1st day of april, 2021, belongs to the assessee; or (iv) the assessing officer is satisfied, with the prior approval of principal commissioner or commissioner, that any books of account or documents, seized or requisitioned in case of any other person on or after the 1st day of april, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee, the assessing officer shall be deemed to have information which suggests that the income chargeable to tax has escaped assessment in the case of the assessee for the three assessment years immediately preceding the assessment year relevant to the previous year in which the search is initiated or books of account, other documents or any assets are requisitioned or survey is conducted in the case of the assessee or money, bullion, jewellery or other valuable article or thing or books of account or documents are seized or requisitioned in case of any other person explanation3—for the purposes of this section, specified authority means the specified authority referred to in section 151" insertion of new section 148a 37 after section 148 of the income-tax act, the following section shall be inserted, namely:— "148a the assessing officer shall, before issuing any notice under section 148, - conducting inquiry, providing opportunity before issue of notice under section 148 (a) conduct any enquiry, if required, with the prior approval of specified authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment; (b) provide an opportunity of being heard to the assessee, with the prior approval of specified authority, by serving upon him a notice to show cause within such time, as may be specified in the notice, being not less than seven days and but not exceeding thirty days from the date on which such notice is issued, or such time, as may be extended by him on the basis of an application in this behalf, as to why a notice under section 148 should not be issued on the basis of information which suggests that income chargeable to tax has escaped assessment in his case for the relevant assessment year and results of enquiry conducted, if any, as per clause (a); (c) consider the reply of assessee furnished, if any, in response to the show-cause notice referred to in clause (b); (d) decide, on the basis of material available on record including reply of the assessee, whether or not it is a fit case to issue a notice under section 148, by passing an order, with the prior approval of specified authority, within one month from the end of the month in which the reply referred to in clause (c) is received by him, or where no such reply is furnished, within one month from the end of the month in which time or extended time allowed to furnish a reply as per clause (b) expires: provided that the provisions of this section shall not apply in a case where,— (a) a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132a in the case of the assessee on or after the 1st day of april, 2021; or (b) the assessing officer is satisfied, with the prior approval of the principal commissioner or commissioner that any money, bullion, jewellery or other valuable article or thing, seized in a search under section 132 or requisitioned under section 132a, in the case of any other person on or after the 1st day of april, 2021, belongs to the assessee; or (c) the assessing officer is satisfied, with the prior approval of the principal commissioner or commissioner that any books of account or documents, seized in a search under section 132 or requisitioned under section 132a, in case of any other person on or after the 1st day of april, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee explanation—for the purposes of this section, specified authority means the specified authority referred to in section 151" 38 for section 149 of the income-tax act, the following substitution of new section for section 149 section shall be substituted, namely:–– time limit for notice "149 (1) no notice under section 148 shall be issued for the relevant assessment year,— (a) if three years have elapsed from the end of the relevant assessment year, unless the case falls under clause (b); (b) if three years, but not more than ten years, have elapsed from the end of the relevant assessment year unless the assessing officer has in his possession books of accounts or other documents or evidence which reveal that the income chargeable to tax, represented in the form of asset, which has escaped assessment amounts to or is likely to amount to fifty lakh rupees or more for that year: provided that no notice under section 148 shall be issued at any time in a case for the relevant assessment year beginning on or before 1st day of april, 2021, if such notice could not have been issued at that time on account of being beyond the time limit specified under the provisions of clause (b) of sub-section (1) of this section, as they stood immediately before the commencement of the finance act, 2021: provided further that the provisions of this sub-section shall not apply in a case, where a notice under section 153a, or section 153c read with section 153a, is required to be issued in relation to a search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132a, on or before the 31st day of march, 2021: provided also that for the purposes of computing the period of limitation as per this section, the time or extended time allowed to the assessee, as per show-cause notice issued under clause (b) of section 148a or the period during which the proceeding under section 148a is stayed by an order or injunction of any court, shall be excluded: provided also that where immediately after the exclusion of the period referred to in the immediately preceding proviso, the period of limitation available to the assessing officer for passing an order under clause (d) of section 148a is less than seven days, such remaining period shall be extended to seven days and the period of limitation in sub-section (1) shall be deemed to be extended accordingly (2) the provisions of sub-section (1) as to the issue of notice shall be subject to the provisions of section 151" substitution of new section for section 151 39 for section 151 of the income-tax act, the following section shall be substituted, namely:— "151 specified authority for the purposes of section 148 sanction for issue of notice and section 148a shall be,— (i) principal commissioner or principal director or commissioner or director, if three years or less than three years have elapsed from the end of the relevant assessment year; (ii) principal chief commissioner or principal director general or where there is no principal chief commissioner or principal director general, chief commissioner or director general, if more than three years have elapsed from the end of the relevant assessment year" amendment of section 151a 40 in section 151a of the income-tax act, in sub-section (1), in the opening portion, after the words and figures "issuance of notice under section 148", the words, figures and letter "or conducting of enquiries or issuance of show-cause notice or passing of order under section 148a" shall be inserted 41 in section 153 of the income-tax act, in sub-section (1), amendment of section 153 after the second proviso, the following proviso shall be inserted, namely:–– "provided also that in respect of an order of assessment relating to the assessment year commencing on or after the 1st day of april, 2021, the provisions of this sub-section shall have effect, as if for the words "twenty-one months", the words "nine months" had been substituted" amendment of section 153a 42 in section 153a of the income-tax act, in sub-section (1), in the opening portion, after the words, figures and letters "after the 31st day of may, 2003", the words, figures and letters "but on or before the 31st day of march, 2021" shall be inserted amendment of section 153c 43 in section 153c of the income-tax act, after sub-section (2), the following sub-section shall be inserted, namely:— "(3) nothing contained in this section shall apply in relation to a search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132a on or after the 1st day of april, 2021" amendment of section 194 44 in section 194 of the income-tax act, in the second proviso, after clause (c), the following clauses shall be inserted and shall be deemed to have been inserted with effect from the 1st day of april, 2020, namely:–– '(d) a "business trust", as defined in clause (13a) of section 2, by a special purpose vehicle referred to in the explanation to clause (23fc) of section 10; (e) any other person as may be notified by the central government in the official gazette in this behalf' 45 in section 194a of the income-tax act, in sub-section (3), amendment of section 194a in clause (x), after the words "infrastructure capital fund or", the words "infrastructure debt fund or" shall be inserted amendment of section 194-ib 46 in section 194-ib of the income-tax act, in sub-section (4), for the words, figures and letters "section 206aa, such", the words, figures and letters "section 206aa or section 206ab, such" shall be substituted with effect from the 1st day of july, 2021 insertion of new section 194p 47 after section 194-o of the income-tax act, the following section shall be inserted, namely:–– deduction of tax in case of specified senior citizen '194p (1) notwithstanding anything contained in the provisions of chapter xvii-b, in case of a specified senior citizen, the specified bank shall, after giving effect to the deduction allowable under chapter vi-a and rebate allowable under section 87a, compute the total income of such specified senior citizen for the relevant assessment year and deduct income-tax on such total income on the basis of the rates in force (2) the provisions of section 139 shall not apply to a specified senior citizen for the assessment year relevant to the previous year in which the tax has been deducted under subsection (1) explanation–– for the purposes of this section,–– (a) "specified bank" means a banking company as the central government may, by notification in official gazette, specify; (b) "specified senior citizen" means an individual, being a resident in india–– (i) who is of the age of seventy-five years or more at any time during the previous year; (ii) who is having income of the nature of pension and no other income except the income of the nature of interest received or receivable from any account maintained by such individual in the same specified bank in which he is receiving his pension income; and (iii) has furnished a declaration to the specified bank containing such particulars, in such form and verified in such manner, as may be prescribed' insertion of new section 194q 48 after section 194p of the income-tax act, the following section shall be inserted with effect 1st day of july, 2021, namely:–– '194q (1) any person, being a buyer who is responsible deduction of tax at source on payment of certain sum for purchase of goods for paying any sum to any resident (hereafter in this section referred to as the seller) for purchase of any goods of the value or aggregate of such value exceeding fifty lakh rupees in any previous year, shall, at the time of credit of such sum to the account of the seller or at the time of payment thereof by any mode, whichever is earlier, deduct an amount equal to 01 per cent of such sum exceeding fifty lakh rupees as income-tax explanation––for the purposes of this sub-section, "buyer" means a person whose total sales, gross receipts or turnover from the business carried on by him exceed ten crore rupees during the financial year immediately preceding the financial year in which the purchase of goods is carried out, not being a person, as the central government may, by notification in the official gazette, specify for this purpose, subject to such conditions as may be specified therein (2) where any sum referred to in sub-section (1) 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 credit of income shall be deemed to be the credit of such income to the account of the payee and the provisions of this section shall apply accordingly (3) if any difficulty arises in giving effect to the provisions of this section, the board may, with the previous approval of the central government, issue guidelines for the purpose of removing the difficulty (4) every guideline issued by the board under sub-section (3) shall, as soon as may be after it is issued, be laid before each house of parliament, and shall be binding on the incometax authorities and the person liable to deduct tax (5) the provisions of this section shall not apply to a transaction on which–– (a) tax is deductible under any of the provisions of this act; and (b) tax is collectible under the provisions of section 206c other than a transaction to which sub-section (1h) of section 206c applies' amendment of section 196d 49 in section 196d of the income-tax act, in sub-section (1), the following proviso shall be inserted, namely:–– "provided that where an agreement referred to in subsection (1) of section 90 or sub-section (1) of section 90a applies to the payee and if the payee has furnished a certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90a, as the case may be, then, income-tax thereon shall be deducted at the rate of twenty per cent or at the rate or rates of income-tax provided in such agreement for such income, whichever is lower" amendment of section 206aa 50 in section 206aa of the income-tax act, in sub-section (1), after the proviso, the following proviso shall be inserted with effect from the 1st day of july, 2021, namely:–– 'provided further that where the tax is required to be deducted under section 194q, the provisions of clause (iii) shall apply as if for the words "twenty per cent", the words "five per cent" had been substituted' insertion of new section 206ab 51 after section 206aa of the income-tax act, the following section shall be inserted with effect from the 1st day of july, 2021, namely:–– '206ab (1) notwithstanding anything contained in any special provision for deduction of tax at source for non-filers of other provisions of this act, where tax is required to be deducted at source under the provisions of chapter xviib, other than sections 192, 192a, 194b, 194bb, 194lbc or 194n on any sum or income or amount paid, or payable or income-tax return credited, by a person (hereafter referred to as deductee) to a specified person, the tax shall be deducted at the higher of the following rates, namely:–– (i) at twice the rate specified in the relevant provision of the act; or (ii) at twice the rate or rates in force; or (iii) at the rate of five per cent (2) if the provisions of section 206aa is applicable to a specified person, in addition to the provision of this section, the tax shall be deducted at higher of the two rates provided in this section and in section 206aa (3) for the purposes of this section "specified person" means a person who has not filed the returns of income for both of the two assessment years relevant to the two previous years immediately prior to the previous year in which tax is required to be deducted, for which the time limit of filing return of income under sub-section (1) of section 139 has expired; and the aggregate of tax deducted at source and tax collected at source in his case is rupees fifty thousand or more in each of these two previous years: provided that the specified person shall not include a non-resident who does not have a permanent establishment in india explanation––for the purposes of this sub-section, the expression "permanent establishment" includes a fixed place of business through which the business of the enterprise is wholly or partly carried on' 52 after section 206cc of the income-tax act, the following insertion of new section 206cca section shall be inserted with effect from the 1st day of july, 2021, namely:–– special provision for collection of tax at source for non-filers of income-tax return '206cca (1) notwithstanding anything contained in any other provisions of this act, where tax is required to be collected at source under the provisions of chapter xvii-bb, on any sum or amount received by a person (hereafter referred to as collectee) from a specified person, the tax shall be collected at the higher of the following two rates, namely:–– (i) at twice the rate specified in the relevant provision of the act; or (ii) at the rate of five per cent (2) if the provisions of section 206cc is applicable to a specified person, in addition to the provisions of this section, the tax shall be collected at higher of the two rates provided in this section and in section 206cc (3) for the purposes of this section "specified person" means a person who has not filed the returns of income for both of the two assessment years relevant to the two previous years immediately prior to the previous year in which tax is required to be collected, for which the time limit of filing return of income under sub-section (1) of section 139 has expired; and the aggregate of tax deducted at source and tax collected at source in his case is rupees fifty thousand or more in each of these two previous years: provided that the specified person shall not include a non- resident who does not have a permanent establishment in india explanation––for the purposes of this sub-section, the expression "permanent establishment" includes a fixed place of business through which the business of the enterprise is wholly or partly carried on' 53 in section 234c of the income-tax act, in sub-section (1),–– amendment of section 234c (i) in the first proviso, for clause (d), the following clause shall be substituted, namely:–– "(d) the amount of dividend income,"; (ii) the explanation shall be numbered as explanation 1 thereof and after explanation 1 as so numbered, the following explanation shall be inserted, namely: –– 'explanation 2––for the purposes of this sub-section, the term "dividend" shall have the meaning assigned to it in clause (22) of section 2, but shall not include sub-clause (e) thereof' amendment of section 245a 54 in section 245a of the income-tax act, with effect from the 1st day of february, 2021,–– (i) after clause (d), the following clause shall be inserted and shall be deemed to have been inserted, namely:–– '(da) "interim board" means the interim board for settlement constituted under section 245aa;'; (ii) after the clause (e), the following clauses shall be inserted and shall be deemed to have been inserted, namely:–– '(ea) "member of the interim board" means a member of the interim board; (eb) "pending application" means an application which was filed under section 245c and which fulfils the following conditions, namely: - (i) it was not declared invalid under sub-section (2c) of section 245d; and (ii) no order under sub-section (4) of section 245d was issued on or before the 31st day of january, 2021 with respect to such application;' insertion of new section 245aa 55 after section 245a of the income-tax act, the following section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of february, 2021, namely:–– "245aa (1) the central government shall constitute interim boards for settlement one or more interim boards for settlement, as may be necessary, for the settlement of pending applications (2) every interim board shall consist of three members, each being an officer of the rank of chief commissioner, as may be nominated by the board" (3) if the members of the interim board differ in opinion on any point, the point shall be decided according to the opinion of the majority" amendment of section 245b 56 in section 245b of the income-tax act, in sub-section (1), the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of february, 2021, namely:–– "provided that the income-tax settlement commission so constituted shall cease to operate on or after the 1st day of february, 2021" amendment of section 245bc 57 in section 245bc of the income-tax act, the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of february, 2021, namely:–– "provided that the provisions of this section shall not apply on or after the 1st day of february, 2021" amendment of section 245bd 58 in section 245bd of the income-tax act, the following proviso shall be inserted and shall be deemed to have been inserted, with effect from the 1st day of february, 2021, namely:–– "provided that the provisions of this section shall not apply on or after the 1st day of february, 2021" amendment of section 245c 59 in section 245c of the income-tax act, after subsection (4), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of february, 2021, namely:–– "(5) no application shall be made under this section on or after the 1st day of february, 2021" amendment of section 245d 60 in section 245d of the income-tax act, with effect from the 1st day of february, 2021,–– (i) in sub-section (2c), after the second proviso, the following proviso shall be inserted and shall be deemed to have been inserted, namely:–– "provided also that where in respect of an application, an order, which was required to be passed under this subsection on or before the 31st day of january, 2021, has not been passed on or before the 31st day of january, 2021, such application shall deemed to be valid"; (ii) in sub-section (6b), for the words "amend any order passed by it", the words "amend any order passed" shall be substituted and shall be deemed to have been substituted; (iii) after sub-section (8), the following sub-sections shall be inserted and shall be deemed to have been inserted, namely:–– '(9) on and from the 1st day of february, 2021, the provisions of sub-sections (1), (2), (2b), (2c), (3), (4), (4a), (5), (6) and (6b) shall apply to pending applications allotted to interim board with the following modifications, namely:–– (i) for the words "settlement commission", wherever they occur, the words "interim board" shall be substituted; (ii) for the word "bench", the words "interim board" shall be substituted; (iii) for the purposes of this section, the date referred to in sub-section (2) of section 245m shall be deemed to be date on which the application was made under section 245c and received by the interim board; (iv) where the time-limit for amending any order or filing of rectification application as per sub-section (6b) expires on or after the 1st day of february, 2021, in computing the period of limitation, the period commencing from the 1st february, 2021 and ending on the end of the month in which the interim board is constituted shall be excluded and where immediately after exclusion of such period, the remaining period available to the interim board for amending the order or to the principal commissioner or commissioner or the applicant for filing of application is less than sixty days, such remaining period shall be extended to sixty days and the period of limitation shall be deemed to have been extended accordingly (10) on and from the 1st day of february, 2021, the provisions of sub-sections (6a) and (7) shall have effect as if for the words "settlement commission", the words "settlement commission or interim board of settlement" had been substituted (11) the central government may by notification in the official gazette, make a scheme, for the purposes of settlement in respect of pending applications by the interim board, so as to impart greater efficiency, transparency and accountability by— (a) eliminating the interface between the interim board and the assessee in the course of proceedings to the extent technologically feasible; (b) optimising utilisation of the resources through economies of scale and functional specialisation; (c) introducing a mechanism with dynamic jurisdiction (12) the central government may, for the purposes of giving effect to the scheme made under sub-section (11), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the said notification: provided that no such direction shall be issued after the 31st day of march, 2023 (13) every notification issued under sub-section (11) and sub-section (12) shall, as soon as may be after the notification is issued, be laid before each house of parliament" amendment of section 245dd 61 in section 245dd of the income-tax act, after sub-section (2), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of february, 2021, namely:–– "(3) on and from the 1st day of february, 2021, the power of the settlement commission under this section shall be exercised by the interim board and the provisions of this section shall mutatis mutandis apply to the interim board as they apply to the settlement commission" amendment of section 245f 62 in section 245f of the income-tax act, after sub-section (7), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of february, 2021, namely:–– "(8) on and from the 1st day of february, 2021, the powers and functions of the settlement commission under this section shall be exercised or performed, by the interim board and all the provisions of this section shall mutatis mutandis apply to the interim board as they apply to the settlement commission" amendment of section 245g 63 in section 245g of the income-tax act, after the first proviso, the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of february, 2021, namely:–– "provided further that on or after the 1st day of february, 2021, functions of the settlement commission under this section shall be performed by the interim board and the provisions of this section shall mutatis mutandis apply to interim board as they apply to the settlement commission" amendment of section 245h 64 in section 245h of the income-tax act, after sub-section (2), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of february, 2021, namely:–– "(3) on and from the 1st day of february, 2021, the power of the settlement commission under this section shall be exercised by the interim board and the provisions of this section shall mutatis mutandis apply to the interim board as they apply to the settlement commission" 65 in the income-tax act, after section 245l, the following insertion of new section 245m section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of february, 2021, namely:–– option to withdraw pending application "245m (1) with respect to a pending application, the assessee who had filed such application may, at his option, withdraw such application within a period of three months from the date of commencement of the finance act, 2021 and intimate the assessing officer, in the prescribed manner, about such withdrawal (2) where the option under sub-section (1) is not exercised by the assessee within the time allowed under that sub-section, the pending application shall be deemed to have been received by the interim board on the date on which such application is allotted or transferred to the interim board under sub-section (3) (3) the board may, by an order, allot any pending application to any interim board and may also transfer, by an order, any pending application from one interim board to another interim board (4) where the pending application is allotted to an interim board under sub-section (3) or transferred to another interim board subsequently, all the records, documents or evidences, by whatever name called, with the settlement commission shall be transferred to such interim board and shall be deemed to be the records before it for all purposes (5) where the assessee exercises the option under sub-section (1) to withdraw his application, the proceedings with respect to the application shall abate on the date on which such application is withdrawn and the assessing officer, or, as the case may be, any other income-tax authority before whom the proceeding at the time of making the application was pending, shall dispose of the case in accordance with the provisions of this act as if no application under section 245c had been made: provided that for the purposes of the time-limit under sections 149, 153, 153b, 154 and 155 and for the purposes of payment of interest under section 243 or 244 or, as the case may be, section 244a, for making the assessment or reassessment under this sub-section, the period commencing on and from the date of the application to the settlement commission under section 245c and ending with the date referred to in this sub-section shall be excluded: provided further that the income-tax authority shall not be entitled to use the material and other information produced by the assessee before the settlement commission or the results of the inquiry held or evidence recorded by the settlement commission in the course of proceedings before it: provided also that nothing contained in the first proviso shall apply in relation to the material and other information collected, or results of the inquiry held or evidence recorded by the assessing officer, or as the case may be, other incometax authority during the course of any other proceeding under this act irrespective of whether such material or other information or results of the inquiry or evidence were also produced by the assessee or the assessing officer before the settlement commission" insertion of new chapter xix- aa 66 after chapter xix-a of the income-tax act, the following chapter shall be inserted, with effect from the 1st day of april, 2021, namely: - 'chapter xix-aa dispute resolution committee in certain cases dispute resolution committee 245ma (1) the central government shall constitute, one or more dispute resolution committees, as may be necessary, in accordance with the rules made under this act, for dispute resolution in the case of such persons or class of persons, as may be specified by the board, who may opt for dispute resolution under this chapter in respect of dispute arising from any variation in the specified order in his case and who fulfils the specified conditions (2) the dispute resolution committee, subject to such conditions, as may be prescribed, shall have the powers to reduce or waive any penalty imposable under this act or grant immunity from prosecution for any offence punishable under this act in case of a person whose dispute is resolved under this chapter (3) the central government may make a scheme, by notification in the official gazette, for the purposes of dispute resolution under this chapter, so as to impart greater efficiency, transparency and accountability by— (a) eliminating the interface between the dispute resolution committee and the assessee in the course of dispute resolution proceedings to the extent technologically feasible; (b) optimising utilisation of the resources through economies of scale and functional specialisation; (c) introducing a dispute resolution system with dynamic jurisdiction (4) the central government may, for the purposes of giving effect to the scheme made under sub-section (3), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the said notification: provided that no such direction shall be issued after the 31st day of march, 2023 (5) every notification issued under sub-sections (3) and (4) shall, as soon as may be after the notification is issued, be laid before each house of parliament explanation— for the purposes of this section,— (a) "specified conditions" in relation to a person means a person who fulfils the following conditions, namely:— (i) where he is not a person,— (a) in respect of whom an order of detention 52 of 1974 has been made under the provisions of the conservation of foreign exchange and prevention of smuggling activities act, 1974: provided 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 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; or (ii) such order of detention being an order to which the provisions of 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; or (iii) such order of detention, being an order to which the provisions of section 12a of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under sub-section (3) of the said section, or on the basis of the report of the advisory board under section 8, read with subsection (6) of section 12a, of the said act; or (iv) such order of detention has not been set aside by a court of competent jurisdiction; (b) in respect of whom prosecution for any offence punishable under the provisions of the indian penal code, the unlawful activities (prevention) act, 1967, the narcotic drugs and psychotropic substances act, 1985, the 45 of 1860 37 of 1967 61 of 1985 45 of 1988 49 of 1988 15 of 2003 prohibition of benami transactions act, 1988, the prevention of corruption act, 1988 or the prevention of money laundering act, 2002 has been instituted and he has been convicted of any offence punishable under any of those acts; 45 of 1860 (c) in respect of whom prosecution has been initiated by an income-tax authority for any offence punishable under the provisions of this act or the indian penal code or for the purpose of enforcement of any civil liability under any law for the time being in force, or such person has been convicted of any such offence consequent upon the prosecution initiated by an income-tax authority; 27 of 1962 (d) who is notified under section 3 of the special court (trial of offences relating to transactions in securities) act, 1992; (ii) such other conditions, as may be prescribed (b) "specified order" means such order, including draft order, as may be specified by the board, and,— (i) aggregate sum of variations proposed or made in such order does not exceed ten lakh rupees; (ii) such order is not based on search initiated under section 132 or requisition under section 132a in the case of assessee or any other person or survey under section 133a or information received under an agreement referred to in section 90 or section 90a; (iii) where return has been filed by the assessee for the assessment year relevant to such order, total income as per such return does not exceed fifty lakh rupees' 67 in section 245n of the income-tax act,–– amendment of section 245n (i) in clause (b), sub-clauses (b), (c) and (d) shall be omitted with effect from such date as the central government may, by notification in the official gazette, appoint; (ii) in clause (c), after the word "authority", the words "or the board for advance rulings" shall be inserted; (iii) after clause (c), the following clause shall be inserted, namely:— '(ca) "board for advance rulings" means the board for advance rulings constituted by the central government under section 245-ob;'; (iv) in clause (f), after the word "vice-chairman", the words "or a member of the board for advance rulings" shall be inserted amendment of section 245-o 68 in section 245-o of the income-tax act, in sub-section (1), after the proviso, the following proviso shall be inserted, namely:— "provided further that the authority so constituted shall cease to operate on and from such date as the central government may, by notification in the official gazette, appoint" insertion of new section 245-ob 69 after section 245-oa of the income-tax act, the following section shall be inserted, namely:— board for advance rulings "245-ob (1) the central government shall constitute one or more boards for advance rulings, as may be necessary, for giving advance rulings under this chapter on or after such date as the central government may, by notification in the official gazette, appoint (2) the board for advance rulings shall consist of two members, each being an officer not below the rank of chief commissioner, as may be nominated by the board" 70 section 245p of the income-tax act shall be numbered amendment of section 245p as sub-section (1) thereof, and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:–– "(2) with effect from such date as the central government may, by notification in the official gazette, appoint, the provisions of this section shall have effect as if for the word "authority", the words "board for advance rulings" had been substituted" 71 in section 245q of the income-tax act,— amendment of section 245q 1 of 1944 32 of 1994 (a) in sub-section (1), the words, figures and letters "or under chapter iiia of the central excise act, 1944 or under chapter va of the finance act, 1994" shall be omitted with effect from such date as the central government may, by notification in the official gazette, appoint; (b) after sub-section (3), the following sub-section shall be inserted, namely:— "(4) where an application is made under this section before such date as the central government may, by notification in the official gazette appoint, and in respect of which no order under sub-section (2) of section 245r has been passed or advance ruling under sub-section (4) of section 245r has been pronounced before such date, such application along with all the relevant records, documents or material, by whatever name called, on the file of the authority shall be transferred to the board for advance rulings and shall be deemed to be the records before the board for advance rulings for all purposes" amendment of section 245r 72 in section 245r of the income-tax act, after subsection (7), the following sub-sections shall be inserted, namely:— '(8) on and from such date as the central government may, by notification in the official gazette, appoint, the provisions of this section shall have effect as if for the word "authority", the words "board for advance rulings" had been substituted and the provisions of this section shall apply mutatis mutandis to the board for advance rulings as they apply to the authority (9) the central government may, by notification in the official gazette, make a scheme for the purposes of giving advance rulings under this chapter by the board for advance rulings, so as to impart greater efficiency, transparency and accountability by— (a) eliminating the interface between the board for advance rulings and the applicant in the course of proceedings to the extent technologically feasible; (b) optimising utilisation of the resources through economies of scale and functional specialisation; (c) introducing a system with dynamic jurisdiction (10) the central government may, for the purposes of giving effect to the scheme made under sub-section (9), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the said notification: provided that no such direction shall be issued after the 31st day of march, 2023 (11) every notification issued under sub-section (9) and sub-section (10) shall, as soon as may be after the notification is issued, be laid before each house of parliament' 73 in section 245s of the income-tax act, after subsection (2), the following sub-section shall be inserted, namely:— amendment of section 245s "(3) nothing contained in this section shall apply to any advance ruling pronounced under section 245r on or after such date as the central government may, by notification in the official gazette, appoint" 74 in section 245t of the income-tax act,—amendment of section 245t (a) in sub-section (1), the words "by it" shall be omitted; (b) after sub-section (2), the following sub-section shall be inserted, namely:— '(3) with effect from such date as the central government may, by notification in the official gazette, appoint, the provisions of this section shall have effect as if for the word "authority", the words "board for advance rulings" had been substituted' 75 in section 245u of the income-tax act, after sub-section (2), the following sub-section shall be inserted, namely:— amendment of section 245u "(3) on and from such date as the central government may, by notification in the official gazette, appoint, the powers of the authority under this section shall be exercised by the board for advance rulings and the provisions of this section shall mutatis mutandis apply to the board for advance rulings as they apply to the authority" 76 in section 245v of the income-tax act, the following proviso shall be inserted, namely:— amendment of section 245v "provided that nothing contained in this section shall apply on or after such date as the central government may, by notification in the official gazette, appoint" insertion of new section 245w 77 after section 245v of the income-tax act, the following section shall be inserted, namely:— appeal "245w (1) the applicant, if he is aggrieved by any ruling pronounced or order passed by the board for advance rulings or the assessing officer, on the directions of the principal commissioner or commissioner, may appeal to the high court against such ruling or order of the board of advance rulings within sixty days from the date of the communication of that ruling or order, in such form and manner, as may be prescribed: provided that where the high court is satisfied, on an application made by the appellant in this behalf, that the appellant was prevented by sufficient cause from presenting the appeal within the period specified in sub-section (1), it may grant further period of thirty days for filing such appeal (2) the central government may make a scheme, by notification in the official gazette, for the purposes of filing appeal to the high court under sub-section (1) by the assessing officer, so as to impart greater efficiency, transparency and accountability by— (a) optimising utilisation of the resources through economies of scale and functional specialisation; (b) introducing a team-based mechanism with dynamic jurisdiction (3) the central government may, for the purposes of giving effect to the scheme made under sub-section (2), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the said notification: provided that no such direction shall be issued after the 31st day of march, 2023 (4) every notification issued under sub-section (2) and sub-section (3) shall, as soon as may be after the notification is issued, be laid before each house of parliament" 78 in section 255 of the income-tax act, after sub-section amendment of section 255 (6), the following sub-sections shall be inserted, namely: –– "(7) the central government may make a scheme, by notification in the official gazette, for the purposes of disposal of appeals by the appellate tribunal so as to impart greater efficiency, transparency and accountability by— (a) eliminating the interface between the appellate tribunal and parties to the appeal in the course of appellate proceedings to the extent technologically feasible; (b) optimising utilisation of the resources through economies of scale and functional specialisation; (c) introducing an appellate system with dynamic jurisdiction (8) the central government may, for the purposes of giving effect to the scheme made under sub-section (7), by notification in the official gazette, direct that any of the provisions of this act shall not apply to such scheme or shall apply with such exceptions, modifications and adaptations as may be specified in the said notification: provided that no such direction shall be issued after the 31st day of march, 2023 (9) every notification issued under sub-section (7) and sub-section (8) shall, as soon as may be after the notification is issued, be laid before each house of parliament" amendment of section 281b 79 in section 281b of the income-tax act, in sub-section (1), after the words "escaped assessment", the words, figures and letters "or for imposition of penalty under section 271aad where the amount or aggregate of amounts of penalty likely to be imposed under the said section exceeds two crore rupees" shall be inserted chapter iv indirect taxes customs52 of 1962 80 in the customs act, 1962 (hereinafter referred to as the amendment of section 2 customs act), in section 2, after clause (7a), the following clause shall be inserted, namely:–– '(7b) "common portal" means the common customs electronic portal referred to in section 154c;' amendment of section 5 81 in section 5 of the customs act, in sub-section (3), for the words and figures "chapter xv and section 108", the words, figures, brackets and letter "chapter xv, section 108 and subsection (1d) of section 110" shall be substituted amendment of section 25 82 in section 25 of the customs act, after sub-section (4), the following sub-section shall be inserted, namely:–– "(4a) where any exemption is granted subject to any condition under sub-section (1), such exemption shall, unless otherwise specified or varied or rescinded, be valid upto 31st day of march falling immediately after two years from the date of such grant or variation: provided that in respect of any such exemption in force as on the date on which the finance bill, 2021 receives the assent of the president, the said period of two years shall be reckoned from the 1st day february, 2021" insertion of new section 28bb 83 after section 28ba of the customs act, the following section shall be inserted, namely:–– "28bb (1) any inquiry or investigation under this act, time limit for completion of certain actions culminating in the issuance of a notice under sub-section (1) or sub-section (4) of section 28 shall be completed by issuing such notice, within a period of two years from the date of initiation of audit, search, seizure or summons, as the case may be: provided that the principal commissioner of customs or the commissioner of customs may, on sufficient cause being shown and for reasons to be recorded in writing, extend the said period to a further period of one year (2) for computing the period under sub-section (1), the period during which stay was granted by an order of a court or tribunal, or the period for seeking information from an overseas authority through a legal process, shall be excluded explanation––for the removal of doubts, it is hereby declared that nothing contained in this section shall apply to any such proceeding initiated before the date on which the finance bill, 2021 receives the assent of the president" 84 in section 46 of the customs act, in sub-section (3),–– amendment of section 46 (i) in the opening portion, for the words and brackets "before the end of the next day following the day (excluding holidays)", the words and brackets "before the end of the day (including holidays) preceding the day" shall be substituted; (ii) for the words "provided that", the following shall be substituted, namely:–– "provided that the board may, in such cases as it may deem fit, prescribe different time limits for presentation of the bill of entry, which shall not be later than the end of the day of such arrival: provided further that"; (iii) for the words "provided further that", the words "provided also that" shall be substituted amendment of section 110 85 in section 110 of the customs act, after sub-section (1c), the following sub-section shall be inserted, namely:–– "(1d) where the goods seized under sub-section (1) is gold in any form as notified under sub-section (1a), then, the proper officer shall, instead of making an application under sub-section (1b) to the magistrate, make such application to the commissioner (appeals) having jurisdiction, who shall, as soon as may be, allow the application and thereafter, the proper officer shall dispose of such goods in such manner as the central government may determine" amendment of section 113 86 in section 113 of the customs act, after clause (j), the following clause shall be inserted, namely:–– "(ja) any goods entered for exportation under claim of remission or refund of any duty or tax or levy to make a wrongful claim in contravention of the provisions of this act or any other law for the time being in force;" 87 after section 114ab of the customs act, the following insertion of new section 114ac section shall be inserted, namely:–– penalty for fraudulent utilisation of input tax credit for claiming refund 12 of 2017 '114ac where any person has obtained any invoice by fraud, collusion, willful misstatement or suppression of facts to utilise input tax credit on the basis of such invoice for discharging any duty or tax on goods that are entered for exportation under claim of refund of such duty or tax, such person shall be liable for penalty not exceeding five times the refund claimed explanation––for the purposes of this section, the expression "input tax credit" shall have the same meaning as assigned to it in clause (63) of section 2 of the central goods and services tax act, 2017' amendment of section 139 88 in section 139 of the customs act, in the explanation, for the words, brackets, figures and letter "a magistrate under subsection (1c) of section 110", the words, brackets, figures and letters "a magistrate under sub-section (1c), or commissioner (appeals) under sub-section (1d), of section 110" shall be inserted amendment of section 149 89 in section 149 of the customs act, after the proviso, the following provisos shall be inserted, namely:–– "provided further that such authorisation or amendment may also be done electronically through the customs automated system on the basis of risk evaluation through appropriate selection criteria: provided also that such amendments, as may be specified by the board, may be done by the importer or exporter on the common portal" 90 in section 153 of the customs act, in sub-section (1), after amendment of section 153 clause (c), the following clause shall be inserted, namely:–– "(ca) by making it available on the common portal;" insertion of new section 154c 91 after section 154b of the customs act, the following section shall be inserted, namely:–– common customs electronic portal "154c the board may notify a common portal, to be called the common customs electronic portal, for facilitating registration, filing of bills of entry, shipping bills, other documents and forms prescribed under this act or under any other law for the time being in force or the rules or regulations made thereunder, payment of duty and for such other purposes, as the board may, by notification, specify" customs tariff amendment of section 8b 51 of 1975 1 of 1944 28 of 2005 92 in the customs tariff act, 1975 (hereinafter referred to as the customs tariff act), in section 8b, in sub-section (6),–– (i) in clause (i), for the word "unit;", the words "unit; or" shall be substituted; (ii) for the explanation, the following explanation shall be substituted, namely:– 'explanation––for the purposes of this sub-section,– (a) the expression "hundred per cent exportoriented undertaking" shall have the same meaning as assigned to it in clause (i) of explanation 2 to subsection (1) of section 3 of the central excise act, 1944; (b) the expression "special economic zone" shall have the same meaning as assigned to it in clause (za) of section 2 of the special economic zones act, 2005' amendment of section 9 93 in section 9 of the customs tariff act,–– (i) in sub-section (1a), after the words "such other article also", the words "from such date, not earlier than the date of initiation of the inquiry, as the central government may, by notification in the official gazette, specify" shall be inserted; (ii) after sub-section (1a), the following sub-section shall be inserted, namely:–– '(1b) where the central government, on such inquiry as it considers necessary, is of the opinion that absorption of countervailing duty imposed under sub-section (1) has taken place whereby the countervailing duty so imposed is rendered ineffective, it may modify such duty to counter the effect of such absorption, from such date, not earlier than the date of 1 of 1944 28 of 2005 initiation of the inquiry, as the central government may, by notification in the official gazette, specify explanation––for the purposes of this sub-section, "absorption of countervailing duty" is said to have taken place,– (a) if there is a decrease in the export price of an article without any commensurate change in the resale price in india of such article imported from the exporting country or territory; or (b) under such other circumstances as may be provided by rules'; (iii) after sub-section (2), the following sub-section shall be inserted, namely: - '(2a) notwithstanding anything contained in sub-sections (1) and (2), a notification issued under sub-section (1) or any countervailing duty imposed under sub-section (2) shall not apply to article imported by a hundred per cent export-oriented undertaking or a unit in a special economic zone, unless, - (i) it is specifically made applicable in such notification or to such undertaking or unit; or (ii) such article is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, countervailing duty shall be imposed on that portion of the article so cleared or used, as was applicable when it was imported into india explanation––for the purposes of this sub-section,–– (a) the expression "hundred per cent export-oriented undertaking" shall have the same meaning as assigned to it in clause (i) of explanation 2 to sub-section (1) of section 3 of the central excise act, 1944; (b) the expression "special economic zone" shall have the same meaning as assigned to it in clause (za) of section 2 of the special economic zones act, 2005'; (iv) in sub-section (6),–– (a) in the first proviso, for the words "of five years", the words "upto five years" shall be substituted; (b) after the second proviso, the following proviso shall be inserted, namely:–– "provided also that if the said duty is revoked temporarily, the period of such revocation shall not exceed one year at a time" 94 in section 9a of the customs tariff act,–– amendment of section 9a (i) in sub-section (1a), after the words "as the case may be", the words ", from such date, not earlier than the date of initiation of the inquiry, as the central government may, by notification in the official gazette, specify" shall be inserted; (ii) after sub-section (1a), the following sub-section shall be inserted, namely:–– '(1b) where the central government, on such inquiry as it may consider necessary, is of the opinion that absorption of anti-dumping duty imposed under sub-section (1) has taken place whereby the anti-dumping duty so imposed is rendered ineffective, it may modify such duty to counter the effect of such absorption, from such date, not earlier than the date of initiation of the inquiry, as the central government may, by notification in the official gazette, specify explanation––for the purposes of this sub-section, "absorption of anti-dumping duty" is said to have taken place,–– (a) if there is a decrease in the export price of an article without any commensurate change in the cost of production of such article or export price of such article to countries other than india or resale price in india of such article imported from the exporting country or territory; or (b) under such other circumstances as may be provided by rules'; (iii) for sub-section (2a), the following sub-section shall be substituted, namely:–– '(2a) notwithstanding anything contained in sub-section (1) and sub-section (2), a notification issued under subsection (1) or any anti-dumping duty imposed under subsection (2) shall not apply to articles imported by a hundred per cent export-oriented undertaking or a unit in a special economic zone, unless,— 1 of 1944 28 of 2005 (i) it is specifically made applicable in such notification or to such undertaking or unit; or (ii) such article is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, antidumping duty shall be imposed on that portion of the article so cleared or used, as was applicable when it was imported into india explanation––for the purposes of this section,–– (a) the expression "hundred per cent export-oriented undertaking" shall have the same meaning as assigned to it in clause (i) of explanation 2 to sub-section (1) of section 3 of the central excise act, 1944; (b) the expression "special economic zone" shall have the same meaning as assigned to it in clause (za) of section 2 of the special economic zones act, 2005'; (iv) in sub-section (5),–– (a) in the first proviso, for the words "of five years", the words "upto five years" shall be substituted; (b) after the second proviso, the following proviso shall be inserted, namely:– "provided also that if the said duty is revoked temporarily, the period of such revocation shall not exceed one year at a time" amendment of first schedule 95 in the customs tariff act, the first schedule shall–– (i) be amended in the manner specified in the second schedule; (ii) with effect from the 1st april, 2021, be also amended in the manner specified in the third schedule; and (iii) with effect from the 1st january, 2022, be also amended in the manner specified in the fourth schedule excise 1 of 1944 96 in the central excise act, 1944 (hereinafter referred to as amendment of fourth schedule the central excise act), the fourth schedule shall,–– (i) with effect from the 1st april, 2021, be amended in the manner specified in the fifth schedule; and (ii) with effect from the 1st january, 2022, be also amended in the manner specified in the sixth schedule 97 in the fourth schedule to the central excise act, in amendment of chapter 27 of fourth schedule chapter 27, with effect from the 1st day of january, 2020,–– (i) for the entry in column (2) occurring against tariff item 2710 12 49, the entry "---- m15 fuel conforming to standard is 17076" shall be substituted and shall be deemed to have been substituted; (ii) for the entry in column (4) occurring against tariff item 2710 20 10, the entry "14% + rs1500 per litre" shall be substituted and shall be deemed to have been substituted; (iii) for the entry in column (4) occurring against tariff item 2710 20 20, the entry "14% + rs1500 per litre" shall be substituted and shall be deemed to have been substituted 1 of 1944 98 notwithstanding anything contained in paragraph 2 of the notification of the government of india in the ministry of finance (department of revenue) number gsr 978 (e), dated the 31st december, 2019, issued in exercise of the powers conferred under section 3c of the central excise act, 1944, the amendments made in chapter 27 of the fourth schedule thereto by the said notification shall be deemed to have, and always to have had effect, for all purposes, on and from the 1st day of january, 2020 revised date of effect to amendments made in fourth schedule vide notification issued under section 3c of central excise act, 1944 central goods and services tax 12 of 2017 amendment of section 7 99 in the central goods and services tax act, 2017 (hereinafter referred as the central goods and services tax act), in section 7, in sub-section (1), after clause (a), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 1st day of july, 2017, namely:–– "(aa) the activities or transactions, by a person, other than an individual, to its members or constituents or viceversa, for cash, deferred payment or other valuable consideration explanation––for the purposes of this clause, it is hereby clarified that, notwithstanding anything contained in any other law for the time being in force or any judgment, decree or order of any court, tribunal or authority, the person and its members or constituents shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another;" amendment of section 16 100 in section 16 of the central goods and services tax act, in sub-section (2), after clause (a), the following clause shall be inserted, namely:–– "(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37;" amendment of section 35 101 in section 35 of the central goods and services tax act, sub-section (5) shall be omitted 102 for section 44 of the central goods and services tax act, the following section shall be substituted, namely:–– substitution of new section for section 44 annual return "44 every registered person, other than an input service distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a selfcertified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner as may be prescribed: provided that the commissioner may, on the recommendations of the council, by notification, exempt any class of registered persons from filing annual return under this section: provided further that nothing contained in this section shall apply to any department of the central government or a state government or a local authority, whose books of account are subject to audit by the comptroller and auditor- general of india or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force" 103 in section 50 of the central goods and services tax act, amendment of section 50 in sub-section (1), for the proviso, the following proviso shall be substituted and shall be deemed to have been substituted with effect from the 1st day of july, 2017, namely:–– "provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger" 104 in section 74 of the central goods and services tax act, amendment of section 74 in explanation 1, in clause (ii), for the words and figures "sections 122, 125, 129 and 130", the words and figures "sections 122 and 125" shall be substituted amendment of section 75 105 in section 75 of the central goods and services tax act, in sub-section (12), the following explanation shall be inserted, namely:–– 'explanation––for the purposes of this sub-section, the expression "self-assessed tax" shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39' amendment of section 83 106 in section 83 of the central goods and services tax act, for sub-section (1), the following sub-section shall be substituted, namely:–– "(1) where, after the initiation of any proceeding under chapter xii, chapter xiv or chapter xv, the commissioner is of the opinion that for the purpose of protecting the interest of the government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (1a) of section 122, in such manner as may be prescribed" amendment of section 107 107 in section 107 of the central goods and services tax act, in sub-section (6), the following proviso shall be inserted, namely:–– "provided that no appeal shall be filed against an order under sub-section (3) of section 129, unless a sum equal to twenty-five per cent of the penalty has been paid by the appellant" amendment of section 129 108 in section 129 of the central goods and services tax act, –– (i) in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:–– "(a) on payment of penalty equal to two hundred per cent of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such penalty; (b) on payment of penalty equal to fifty per cent of the value of the goods or two hundred per cent of the tax payable on such goods, whichever is higher, and in case of exempted goods, on payment of an amount equal to five per cent of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such penalty;"; (ii) sub-section (2) shall be omitted; (iii) for sub-section (3), the following sub-section shall be substituted, namely:–– "(3) the proper officer detaining or seizing goods or conveyance shall issue a notice within seven days of such detention or seizure, specifying the penalty payable, and thereafter, pass an order within a period of seven days from the date of service of such notice, for payment of penalty under clause (a) or clause (b) of sub-section (1)"; (iv) in sub-section (4), for the words "no tax, interest or penalty", the words "no penalty" shall be substituted; (v) for sub-section (6), the following sub-section shall be substituted, namely:–– "(6) where the person transporting any goods or the owner of such goods fails to pay the amount of penalty under sub-section (1) within fifteen days from the date of receipt of the copy of the order passed under sub-section (3), the goods or conveyance so detained or seized shall be liable to be sold or disposed of otherwise, in such manner and within such time as may be prescribed, to recover the penalty payable under sub-section (3): provided that the conveyance shall be released on payment by the transporter of penalty under sub-section (3) or one lakh rupees, whichever is less: provided further that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of fifteen days may be reduced by the proper officer" amendment of section 130 109 in section 130 of the central goods and services tax act,–– (a) in sub-section (1), for the words "notwithstanding anything contained in this act, if ", the word "where" shall be substituted; (b) in sub-section (2), in the second proviso, for the words, brackets and figures "amount of penalty leviable under sub-section (1) of section 129", the words "penalty equal to hundred per cent of the tax payable on such goods" shall be substituted; (c) sub-section (3) shall be omitted 110 for section 151 of the central goods and services tax act, the following section shall be substituted, namely: –– substitution of new section for section 151 "151 the commissioner or an officer authorised by power to call for information him may, by an order, direct any person to furnish information relating to any matter dealt with in connection with this act, within such time, in such form, and in such manner, as may be specified therein" amendment of section 152 111 in section 152 of the central goods and services tax act,–– (a) in sub-section (1),–– (i) the words "of any individual return or part thereof" shall be omitted; (ii) after the words "any proceedings under this act", the words "without giving an opportunity of being heard to the person concerned" shall be inserted; (b) sub-section (2) shall be omitted 112 in section 168 of the central goods and services tax amendment of section 168 act, in sub-section (2),–– (i) for the words, brackets and figures "sub-section (1) of section 44", the word and figures "section 44" shall be substituted; (ii) the words, brackets and figures "sub-section (1) of section 151," shall be omitted amendment to schedule ii 113 in schedule ii of the central goods and services tax act, paragraph 7 shall be omitted and shall be deemed to have been omitted with effect from the 1st day of july, 2017 integrated goods and services tax13 of 2017 114 in the integrated goods and services tax act, 2017, in amendment of section 16 section 16, –– (a) in sub-section (1), in clause (b), after the words "supply of goods or services or both", the words "for authorised operations" shall be inserted; (b) for sub-section (3), the following sub-sections shall be substituted, namely:–– "(3) a registered person making zero rated supply shall be eligible to claim refund of unutilised input tax credit on supply of goods or services or both, without payment of integrated tax, under bond or letter of undertaking, in accordance with the provisions of section 54 of the central goods and services tax act or the rules made thereunder, subject to such conditions, safeguards and procedure as may be prescribed: provided that the registered person making zero rated 42 of 1999 supply of goods shall, in case of non-realisation of sale proceeds, be liable to deposit the refund so received under this sub-section along with the applicable interest under section 50 of the central goods and services tax act within thirty days after the expiry of the time limit prescribed under the foreign exchange management act, 1999 for receipt of foreign exchange remittances, in such manner as may be prescribed (4) the government may, on the recommendation of the council, and subject to such conditions, safeguards and procedures, by notification, specify–– (i) a class of persons who may make zero rated supply on payment of integrated tax and claim refund of the tax so paid; (ii) a class of goods or services which may be exported on payment of integrated tax and the supplier of such goods or services may claim the refund of tax so paid" chapter v agriculture infrastructure and development cess115 (1) there shall be levied and collected, in accordance 51 of 1975 agriculture infrastructure and development cess on imported goods with the provisions of this section, for the purposes of the union, a duty of customs, to be called agriculture infrastructure and development cess, on the goods specified in the first schedule to the customs tariff act, 1975 (hereinafter referred to as the customs tariff act), being the goods imported into india, at the rate not exceeding the rate of customs duty as specified in the said schedule, for the purposes of financing the agriculture infrastructure and other development expenditure (2) the central government may, after due appropriation made by parliament by law in this behalf, utilise such sums of money of the agriculture infrastructure and development cess levied under this section for the purposes specified in sub-section (1), as it may consider necessary 52 of 1962 (3) where the duty is leviable on the goods at any percentage of its value, then, for the purposes of calculating the agriculture infrastructure and development cess under this section, the value of such goods shall be calculated in the same manner as the value of goods is calculated for the purpose of customs duty under section 14 of the customs act, 1962 52 of 1962 (4) the agriculture infrastructure and development cess on imported goods shall be in addition to any other duties of customs chargeable on such goods, under the customs act, 1962 or any other law for the time being in force 52 of 1962 (5) the provisions of the customs act, 1962 and the rules and regulations made thereunder, including those relating to assessment, non-levy, short-levy, refund, exemptions, interest, appeals, offences, and penalties shall, as far as may be, apply in relation to the levy and collection of the agriculture infrastructure and development cess on imported goods as they apply in relation to the levy and collection of duties of customs on such goods under the said act, or the rules or regulations, as the case maybe agriculture infrastructure and development cess on excisable goods 116 (1) there shall be levied and collected, in accordance with the provisions of this section, for the purposes of the union, an additional duty of excise, to be called agriculture infrastructure and development cess, on the goods specified in the seventh schedule (hereinafter referred to as scheduled goods), being the goods manufactured or produced, at the rates specified in column (3) of the said schedule, for the purposes of financing the agriculture infrastructure and other development expenditure (2) the central government may, after due appropriation made by parliament by law in this behalf, utilise such sums of money of the agriculture infrastructure and development cess levied under this section for the purposes specified in sub-section (1), as it may consider necessary 1 of 1944 (3) the cess leviable under sub-section (1), chargeable on the scheduled goods, shall be in addition to any other duties of excise chargeable on such goods under the central excise act, 1944 or any other law for the time being in force 1 of 1944 (4) the provisions of the central excise act, 1944 and the rules and the regulations made thereunder, including those relating to assessment, non-levy, short-levy, refund, exemptions, interest, appeals, offences, and penalties shall, as far as may be, apply in relation to the levy and collection of the cess leviable under this section in respect of scheduled goods as they apply in relation to the levy and collection of duties of excise on such goods under the said act or the rules or regulations, as the case maybe chapter vi miscellaneous part i amendment to the indian stamp act, 18992 of 1899 insertion of new section 8g 117 in the indian stamp act, 1899, after section 8f, the following section shall be inserted, namely:–– "8g notwithstanding anything contained in this act or strategic sale, disinvestment, etc, of immovable property by government company not liable to stamp duty any other law for the time being in force, any instrument for conveyance or transfer of a business or asset or right in any immovable property from a government company, its subsidiary, unit or joint venture, by way of strategic sale or disinvestment or demerger or any other scheme of arrangement, to another government company or to the central government or any state government, after the approval of the central government, shall not be liable to duty under this act explanation––for the purposes of this section, 18 of 2013 "government company" shall have the same meaning as assigned to it in clause (45) of section 2 of the companies act, 2013" part ii amendment to the contingency fund of india act, 1950118 in section 2 of the contingency fund of india act, 1950, amendment of act 49 of 1950 after sub-section (2), the following sub-section shall be inserted, namely:–– "(3) on and from the date on which the finance bill, 2021 receives the assent of the president, the sum which shall be paid from and out of the consolidated fund of india into the contingency fund of india under sub-section (2) shall stand enhanced to thirty thousand crores of rupees" part iii amendments to the life insurance corporation act, 1956 commencement of this part 119 the provisions of this part 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 part 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 31 of 1956 amendment of section 2 120 in the life insurance corporation act, 1956 (hereinafter in this part referred to as the principal act), in section 2,— (i) after clause (1), the following clauses shall be inserted, namely:— '(1a) "audit committee" means the committee constituted under section 19c; (1b) "board of directors" or "board" means the collective body of the directors appointed or nominated or deemed as such under section 4; (1c) "chairperson" means the chairperson referred to in clause (a) of sub-section (2) of section 4; (1d) "companies act" means the companies act, 18 of 2013 2013; 18 of 2013 (1e) "court" means "court" as defined in clause (29) of section 2 of the companies act, 2013;'; (ii) after clause (4), the following clauses shall be inserted, namely:— '(4a) "director" means a director appointed or nominated or deemed as such under section 4; (4b) "financial statement", in relation to the corporation, includes— (i) a balance-sheet as at the end of the financial year; (ii) a profit and loss account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv); (4c) "fully diluted basis" shall mean, in relation to the percentage holding of the central government on such basis, the total number of shares held by the central government expressed as a percentage of the total number of shares of the corporation that would be outstanding if all possible sources of conversion are exercised; (4d) "independent director" means an independent director referred to in clause (f) of sub-section (2) of section 4;'; (iii) after clause (6), the following clause shall be inserted, namely:— '(6a) "managing director" means a managing director referred to in clause (b) of sub-section (2) of section 4;'; (iv) for clause (7), the following clauses shall be substituted, namely:— '(7) "member" means every person holding shares of the corporation and whose name is entered in the register of members maintained under clause (a) of sub-section (1) of section 5c; (7a) "nomination and remuneration committee" means the committee constituted under section 19b; (7b) "notification" means a notification published in the official gazette, and the expression "notify" shall be construed accordingly;'; (v) after clause (8), the following clause shall be inserted, namely:— '(8a) "special resolution" means a resolution for which the intention to propose the same as a special resolution has been duly specified in the notice given to members for calling a general meeting, and the votes cast in favour of the resolution by members are not less than three times the number of votes, if any, cast against the resolution;'; (vi) for clause (10), the following clause shall be substituted, namely:–– 4 of 1938 18 of 2013 "(10) unless there is anything repugnant in the subject or context, all the words and expressions used herein but not defined and defined in the insurance act, 1938 or in the companies act, 2013 shall have the meanings respectively assigned to them in the said acts" substitution of section 4 121 for section 4 of the principal act, the following sections shall be substituted, namely:–– board of directors '4 (1) the general superintendence and direction of the affairs and business of the corporation shall vest in its board of directors, which may exercise all such powers and do all such acts and things as may be exercised or done by the corporation and are not by this act expressly directed or required to be done by the corporation in general meeting (2) the board of directors of the corporation shall consist of the following directors, not exceeding fifteen, of whom at least one shall be a woman, namely:— (a) a chairperson of the board, to be appointed by the central government, who shall be a whole-time director of the corporation; (b) managing directors, not exceeding four, to be appointed by the central government, who shall be whole-time directors of the corporation; (c) not more than two officers of the central government not below the rank of a joint secretary to the government of india, to be nominated by the central government; (d) not more than two individuals, to be nominated by the central government, who have special knowledge or practical experience in actuarial science, business management, economics, finance, human resources, information technology, insurance, law, risk management, or any other field the special knowledge or practical experience of which would be useful to the corporation in the opinion of the central government or who represent the interests of policyholders; (e) where the total holding of members other than the central government in the paid-up equity capital of the corporation is–– (i) not more than ten per cent, one individual; (ii) more than ten per cent but not more than twenty-five per cent, two individuals; and (iii) more than twenty-five per cent, three individuals, elected by such members in such manner as may be specified by regulations, to be appointed by the board; (f) such number of independent directors, not exceeding three, to be recommended by the nomination and remuneration committee and appointed by the board; (g) at any time when the number of directors to be elected under clause (e) is less than three, either due to the total holding of members other than the central government in the paid-up equity capital of the corporation being not more than twenty-five per cent or due to vacancy in elected directors, the board may co-opt such number of individuals as independent directors who taken together with elected directors shall not exceed three: provided that such co-opted directors shall be recommended by the nomination and remuneration committee and appointed by the board, and shall continue to be directors until elected directors assume charge, whereupon an equal number of such co-opted independent directors shall retire in the order of their co-option (3) an independent director of the corporation shall, in relation to the corporation, meet the same criteria of independence as an independent director of a company is required to meet in relation to the company under sub-section (6) of section 149 of the companies act: provided that such a director shall also meet, in addition to the aforesaid criteria, any criteria that the nomination and renumeration committee may formulate regarding qualifications, positive attributes and independence: provided further that every such director shall at the first meeting of the board in which he participates as a director and thereafter at the first meeting of the board in every financial year or whenever there is any change in the circumstances which may affect his status as an independent director, give a declaration that he meets the criteria of independence under this sub-section and that he is not aware of any circumstance or situation, which exist or may reasonably be anticipated, that could impair or impact his ability to discharge his duties with an objective independent judgment and without any external influence (4) an individual appointed by the board as a director under clause (e) or clause (f) or clause (g) of sub-section (2) shall hold office up to the date of the next annual general meeting or the last date on which the annual general meeting should have been held, whichever is earlier, and shall hold office beyond such date only if his appointment is approved at the annual general meeting (5) before an individual is appointed or nominated as a director under sub-section (2), the central government or the nomination and remuneration committee, as the case may be, shall satisfy itself that such an individual as a director shall have no financial or other interest as is likely to affect prejudicially the exercise or performance by him of the functions of a director: provided that the board shall satisfy itself from time to time with respect to every director other than a director nominated under clause (c) of sub-section (2) that he has no such interest: provided further that, for the purposes of this sub-section, any individual who is, or whose appointment or nomination or election is proposed and who has consented to be a director, shall furnish such information as the central government or the nomination and remuneration committee or the board, as the case may be, may require (6) notwithstanding anything contained in sub-section (2), on and from the appointed date, an individual appointed under section 4 who is eligible to be or remain a director under section 4a and who, immediately before such appointed date, held the office of a member of the corporation— (i) in the capacity as the chairman of the corporation, shall be deemed to be a director and the chairperson under clause (a) of sub-section (2); (ii) in the capacity as a managing director of the corporation, shall be deemed to be a director and a managing director under clause (b) of sub-section (2); (iii) and is an officer of the central government not below the rank of a joint secretary to the government of india, shall be deemed to be a director nominated under clause (c) of sub-section (2); (iv) and has been in office for a duration which is the longest or the second longest amongst members other than members referred to in clauses (i), (ii) and (iii), shall be deemed to be a director nominated under clause (d) of sub-section (2): provided that every such individual shall hold office until expiry of the term, if any, specified at the time of his appointment as a member of the corporation, or until a director appointed or nominated, as the case may be, under sub-section (2) in place of such an individual assumes office: provided further that any act or proceeding of the collective body of members constituting the corporation under section 4 before the appointed date, shall be deemed to be an act or proceeding, as the case may be, of the board explanation—for the purposes of this sub-section,–– (a) notwithstanding anything contained in clause (7) of section 2, the expression "member" shall mean a member appointed to the corporation constituted under section 4 [as it stood before the coming into force of section 121 of the finance act, 2021]; (b) "appointed date" means the date on which the provisions of section 121 of the finance act, 2021 shall come into force 4a an individual shall not be eligible to be or remain a disqualification to be director director if,— (a) he is of unsound mind and stands so declared by a competent court; (b) he is an undischarged insolvent; (c) he has applied to be adjudicated as an insolvent and his application is pending; (d) he has been convicted by a court of any offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence: provided that if an individual has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be a director; (e) an order disqualifying him to be a director has been passed by a court or the national company law tribunal constituted under section 408 of the companies act, and the order is in force; (f) he has been convicted of the offence dealing with related party transactions under section 188 of the companies act or under any other law for the time being in force during the preceding five years; (g) he has not paid any calls in respect of any shares of the corporation held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of such call; (h) he has not complied with the provisions of subsection (i) of section 165 of the companies act; (i) he is disqualified from being appointed as a director of a company under sub-section (2) of section 164 of the companies act; (j) he is a salaried government official, other than an individual nominated director under clause (c) of subsection (2) of section 4; (k) he is an insurance agent or an intermediary or an insurance intermediary; (l) he is an employee of the corporation, other than the chairperson or a managing director, or of its subsidiary or associate company; (m) he is a director of a subsidiary or an associate company of the corporation and is other than the chairperson or a managing director; (n) he is an employee or a director or a promoter of any insurer carrying on life insurance business anywhere in the world, other than the corporation or its subsidiary or associate company, or of any holding company, subsidiary or associate company of such an insurer; (o) he absents himself from all the meetings of the board held during a period of twelve months, with or without seeking leave of absence of the board: provided that the disqualifications referred to in clauses (d), (e) and (f) shall continue to apply even if an appeal or petition has been filed against the order of conviction or disqualification disclosure of interest by director and senior management 4b (1) every director shall at the first meeting of the board in which he participates as a director and thereafter at the first meeting of the board in every financial year, or whenever there is any change in the disclosures already made, then at the first board meeting held after such change, disclose his concern or interest in any body corporate, which shall include shareholding, in such manner as may be prescribed (2) every director who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into by the corporation— (a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent shareholding of that body corporate, or is a promoter, manager, chief executive officer or trustee of that body corporate, or (b) with a firm or other entity in which such director is a partner, owner or member, as the case may be, shall not participate in any meeting of the board or of its committee in which such contract or arrangement is deliberated upon, or in any other deliberations or discussions regarding such contract or arrangement, and shall, in the case of such deliberations in a meeting of the board or its committee, disclose the nature of his concern or interest to the board or the committee, as the case may be: provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested, or at the first meeting of the board held after he becomes so concerned or interested (3) a contract or arrangement entered into by the corporation without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, whether directly or indirectly, in such contract or arrangement, shall be voidable at the option of the corporation (4) such employees as the board may specify as constituting the senior management of the corporation shall make disclosures to the board relating to all material, financial and commercial transactions, in which they have personal interest that may have a potential conflict with the interest of the corporation, and the board shall formulate a policy on such transactions, including any materiality threshold therefore, and shall review such policy at least once every three years explanation—for the purposes of this sub-section, conflict of interest relates to dealing in the shares of the corporation or any of its subsidiaries or associate companies, commercial dealings with bodies in which the senior management individual or his relatives have shareholding, etc (5) if an individual who is a director contravenes the provisions of sub-section (1) or sub-section (2), or an employee referred to in sub-section (4), contravenes such provisions, such an individual or employee shall be liable to pay penalty of a sum of up to one lakh rupees (6) without prejudice to anything contained in subsection (5), it shall be open to the corporation to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement explanation—for the purposes of sections 4b and 4c, the expression "body corporate" shall include a company, a body corporate as defined under clause (11) of section 2 of the companies act, a firm, a financial institution or a scheduled bank or a public sector enterprise established or constituted by or under any central act or state act, and any other incorporated association of persons or body of individuals 4c (1) except with the consent of the board and subject related party transactions to such conditions as may be prescribed, the corporation shall not enter into any contract or arrangement with a related party with respect to— (a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, services or property; (f) such related party's appointment to any office or place of profit in the corporation, its subsidiary or associate company; (g) underwriting the subscription of any securities, or derivatives thereof, of the corporation: provided that no contract or arrangement involving transactions exceeding such sums as the board may specify, shall be entered into except with the prior approval in the general meeting: provided further that no member shall vote in such general meeting to approve any contract or arrangement which may be entered into by the corporation, if such member is a related party: provided also that nothing in this sub-section shall apply to any transactions entered into by the corporation in its ordinary course of business, other than transactions which are not on an arm's length basis: provided also that the requirement of approval under the first proviso shall not be applicable for transactions entered into between the corporation and its wholly owned subsidiary, if any, whose financial statements are consolidated with the corporation and placed before the members at the general meeting for adoption explanation—in this sub-section,— (a) the expression "office or place of profit" means any office or place— (i) where such office or place is held by a director, if the director holding it receives from the corporation anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the corporation anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (b) the expression "arm's length transaction" means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest (2) every contract or arrangement entered into under sub-section (1) shall be referred to in a report made by the board to the members, along with the justification for entering into such contract or arrangement (3) where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the board or approval by a resolution in the general meeting under sub-section (1) and if it is not ratified by the board or, as the case may be, by the members at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement shall be voidable at the option of the board or, as the case may be, of the members and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the corporation against any loss incurred by it (4) without prejudice to anything contained in subsection (3), it shall be open to the corporation to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement (5) any director or any other employee of the corporation who had entered into or authorised a contract or arrangement in violation of the provisions of this section, shall be liable to pay penalty of a sum of up to twenty-five lakh rupees 4d (1) the central government may, by an order adjudication of penalties published in the official gazette, appoint an officer of the central government, not below the rank of joint secretary to the government of india or equivalent, as adjudicating officer for adjudging penalties under the provisions of this act (2) the adjudicating officer may, on a complaint made in writing by a person authorised by the corporation, and after giving a reasonable opportunity of being heard, by an order impose penalty on a director or employee liable to penalty under any provision of this act on account of any contravention or violation on his part 5 of 1908 5 of 1908 (3) the adjudicating officer, for the purposes of discharging his functions under this act, shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit, to summon and enforce the attendance of any person and examine him on oath and to require the discovery and production of documents or other electronic records, and shall be deemed to be a civil court for purposes of order xxi of the civil procedure code, 1908 (4) a director or employee aggrieved by any order made by the adjudicating officer may prefer an appeal to such officer to the central government of a rank higher than that of the adjudicating officer as the central government may appoint as appellate authority, within thirty days from the date on which a copy of the order made by the adjudicating officer is received by the aggrieved individual, and the officer so appointed may, after giving the individual an opportunity of being heard, pass such order as he may deem fit, confirming, modifying or setting aside the order appealed against, or remanding the case to the adjudicating officer for disposal, with such directions as he may deem fit (5) where a director or employee of the corporation having already been subjected to penalty under this act for any contravention or violation of any provision of this act, again commits such contravention or violation within a period of three years from the date of order imposing such penalty passed by the adjudicating officer, he shall be liable for the second or subsequent contravention or violation for twice the amount of penalty provided therefor' substitution of section 5 122 for section 5 of the principal act, the following sections shall be substituted, namely:— '5 (1) the authorised share capital of the corporation capital of corporation shall be twenty-five thousand crore rupees, divided into two thousand and five hundred crore shares of ten rupees each: provided that the central government may, by notification, increase the authorised share capital or reduce the authorised share capital to such amount not less than the amount of the paid-up equity capital of the corporation immediately before the coming into force of section 122 of the finance act, 2021, as it may deem fit: provided further that the corporation may, with the previous approval of the central government, consolidate or reduce the nominal or face value of the shares, divide the authorised share capital into equity share capital or a combination of equity and preference share capital, and divide the nominal or face value of shares into such denomination as the corporation may decide (2) the corporation shall, with the previous approval of the central government, issue equity shares to the central government in consideration for the paid-up equity capital provided by the central government to the corporation as it stood before the coming into force of section 122 of the finance act, 2021 (3) the share capital of the corporation shall consist of equity shares and preference shares, which may be fully paid-up or partly paid-up: provided that the board may determine the terms of issue of partly paid-up shares and payment of calls for such partly paid-up shares (4) the corporation may from time to time increase its issued share capital, with the previous approval of the central government, whether by public issue or rights issue or preferential allotment or private placement or issue of bonus shares to existing members holding equity shares, or by issue of shares to employees pursuant to share based employee benefits schemes, or by issue of shares to life insurance policyholders of the corporation, or otherwise: provided that the central government shall, on a fully diluted basis hold,— (a) at all times, not less than fifty-one per cent of the issued equity share capital of the corporation; (b) during a period of five years from the date of first issue of shares to any person other than the central government, not less than seventy-five per cent of the issued equity share capital of the corporation (5) where the corporation issues shares at a premium, whether for cash or otherwise, a sum equal to the aggregate amount of the premium received on those shares shall be transferred to a share premium account, and the provisions of sub-sections (7) and (8) shall, except as provided in subsection (6), apply as if the share premium account were the paid-up share capital of the corporation (6) the share premium account referred to in subsection (5) may be applied by the corporation— (a) towards the issue of unissued shares of the corporation to members as fully paid-up bonus shares; (b) in writing off the expenses of, or the commission paid or discount allowed on, any issue of shares or debentures of the corporation; (c) in providing for the premium payable on the redemption of any redeemable preference shares or of any debentures or of any securities of the corporation; or (d) for the purchase of its own shares or other securities (7) the corporation may, with the previous approval of the central government, by a special resolution, reduce its paid-up equity share capital in such manner as it may determine (8) without prejudice to the generality of the power under sub-section (7), the corporation may reduce its paid-up equity share capital by— (a) extinguishing or reducing the liability on any of its equity shares in respect of share capital not paid-up; or (b) cancelling, with or without extinguishing or reducing liability on any of its paid-up equity shares, any paid-up equity share capital which is either lost or is unrepresented by available assets; or (c) paying off, with or without extinguishing or reducing liability on any of its paid-up equity shares, any paid-up equity share capital which is in excess of the wants of the corporation (9) notwithstanding anything contained in any other law for the time being in force— (a) regarding various categories of persons in favour of whom an issuer may make reservations on a competitive basis, in relation to a public issue, the corporation may make a reservation on a competitive basis, to an extent of up to ten per cent out of the issue size, in favour of its life insurance policyholders as one of the reserved categories for such public issue: provided that the value of the allotment of equity shares to such a policyholder shall not exceed two lakh rupees, or such higher amount as the central government may by notification specify: provided further that, in the event of under-subscription in the policyholder reservation portion, the unsubscribed portion may be allotted on a proportionate basis, in excess of the value referred to in the first proviso, subject to the total allotment to a policyholder not exceeding five lakh rupees or such higher amount as the central government may by notification specify: provided also that the policyholders in favour of whom reservation is made under this sub-section may be offered shares at a price not lower than by more than ten per cent of the price at which net offer to public is made to other categories of applicants; (b) regarding ineligibility for computation of minimum promoter's contribution, in relation to a public issue by way of an initial public offer, all equity shares of the corporation held by the central government, including all shares acquired during the period of three years preceding the opening of such public offer, resulting from a bonus issue or otherwise, shall be eligible for such computation; (c) requiring the holding of paid-up equity shares by the sellers for a minimum holding period as a condition for offering such shares for sale to the public, in relation to a public issue by way of an initial public offer, all fully paid-up equity shares of the corporation held by the central government shall be eligible for such an offer for sale explanation—words and expressions used in this subsection but not defined either in this act or in the insurance act or in the companies act shall have the meanings respectively assigned to them in regulations made by the securities and exchange board regarding issue of capital and disclosure requirements, to the extent not repugnant with the provisions of this act (10) the corporation may issue other securities, including bonds, debentures, notes, commercial paper and other debt instruments, for the purpose of raising funds to meet its business requirements 5a (1) save as otherwise provided in sub-sections (2) transferability of shares and (3), the shares of the corporation shall be freely transferable: provided that any arrangement between two or more persons in respect of transfer of shares shall be enforceable as a contract (2) nothing contained in sub-section (1) shall entitle the central government to transfer any shares held by it in the corporation, if as a result of such transfer, the shares held by it, on a fully diluted basis, shall reduce to less than fifty-one per cent of the issued equity share capital of the corporation (3) the corporation shall not register any transfer of its shares where, after the transfer, the total paid-up share capital holding of the transferee in the corporation is likely to exceed five per cent of its paid-up share capital, or such higher percentage as the central government may by notification specify voting rights 5b subject to the provisions of section 5a, no person, other than the central government, acting individually or with persons acting in concert with him, or constituents of a group, shall be entitled to exercise voting rights in respect of any equity shares held by him in excess of five per cent of the paid-up share capital, or such higher percentage as the central government may by notification specify: provided that a member holding preference share capital in the corporation shall, in respect of such capital, have a right to vote only on resolutions in a general meeting which directly affect the rights attached to his preference shares explanation—for the purposes of this section,–– 12 of 2003 (a) the expression "group" shall have the meaning assigned to it in the competition act, 2002 (b) the expression "persons acting in concert" shall have the meaning assigned to it in regulations made by the securities and exchange board regarding substantial acquisition of shares and takeovers register of members, etc 5c (1) the corporation shall keep and maintain the following registers, in such form and in such manner as may be specified by regulations, namely:— (a) register of members, indicating separately each class of equity and preference shares held by each member residing in or outside india; (b) register of debenture-holders; and (c) register of any other security holders (2) every register maintained under sub-section (1) shall include an index of the names included therein (3) the register and index of beneficial owners 22 of 1996 maintained by a depository under section 11 of the depositories act, 1996 shall be deemed to be the corresponding register and index for the purposes of this act (4) no notice of any trust, whether express or implied or constructive, shall be entered on the register of members or be receivable by the corporation: provided that nothing in this section shall apply to a depository in respect of shares held by it as a registered owner on behalf of the beneficial owners explanation—for the purposes of this section and section 5d, the expressions "beneficial owner", "depository" 22 of 1996 and "registered owner" shall have the meanings respectively assigned to them in clauses (a), (e) and (j) of sub-section (1) of section 2 of the depositories act, 1996 declaration in respect of beneficial interest in shares 5d (1) where the name of a person is entered on the register of members of the corporation as the holder of shares in the corporation but he does not hold beneficial interest in such shares, such person shall make, within such time and in such form as may be prescribed for a company under section 89 of the companies act, a declaration to the corporation specifying the name and other particulars of the person who holds beneficial interest in such shares (2) every person who holds or acquires a beneficial interest in shares of the corporation shall make, within such time and in such form as may be prescribed for a company under section 89 of the companies act, a declaration to the corporation specifying the nature of his interest, particulars of the person in whose name the share stands registered in the books of the corporation and such other particulars as may be prescribed under the said section (3) where any change occurs in the beneficial interest in shares of the corporation, the person referred to in subsection (1) and the beneficial owner specified in sub-section (2) shall, within a period of thirty days from the date of such change, make a declaration to the corporation in such form and containing such particulars as may be prescribed for a company under section 89 of the companies act (4) no right in relation to any share in respect of which a declaration is required to be made under this section but has not been made by the beneficial owner, shall be enforceable by him or by any person claiming through him (5) for the purposes of this section, beneficial interest in a share includes, directly or indirectly, through any contract, arrangement or otherwise, the right or entitlement of a person alone or together with any other person to— (a) exercise or cause to be exercised any or all of the rights attached to such share; or (b) receive or participate in any dividend or other distribution in respect of such share (6) every individual who, acting alone or together or through one or more persons, holds beneficial interests, of not less than twenty-five per cent or such other percentage as may be prescribed for a company under section 90 of the companies act, in the shares of the corporation or the right to exercise, or the actual exercising of significant influence or control as defined in clause (27) of section 2 of the companies act, over the corporation (herein referred to as "significant beneficial owner"), shall make a declaration to the corporation, specifying the nature of his interest and other particulars, in such manner and within such period of acquisition of the beneficial interest or rights and any change thereof, as may be prescribed for a company under section 90 of the companies act (7) the corporation shall maintain a register of the interest declared by individuals under sub-section (6) and changes therein, which shall include the name of individual, his date of birth, address, details of ownership in the corporation and such other details as may be prescribed for a company under section 90 of the companies act 5e notwithstanding anything contained in the securities shares to be securities 42 of 1956 contracts (regulation) act, 1956 or any other law for the time being in force, the shares of the corporation shall be deemed to be securities as defined under the said act right of registered members to nominate 5f (1) every individual registered member may, at any time, nominate, in such manner as may be specified by regulations, an individual to whom all his rights in the shares shall vest in the event of death of such member (2) where the shares are registered in the name of more than one individual jointly, the joint holders may together nominate, in such manner as may be specified by regulations, an individual to whom all their rights in the shares shall vest in the event of the death of all such joint holders (3) notwithstanding anything contained in any other law for time being in force or in any disposition, whether testamentary or otherwise, where a nomination in respect of shares is made and which purports to confer on the nominee the right to vest the shares, the nominee shall, on the death of the member or, as the case may be, on the death of all the joint holders, become entitled to all the rights of the member or, as the case may be, of all the joint holders, in relation to such shares, and all other persons shall be excluded unless the nomination has been varied or cancelled before death in such manner as may be specified by regulations (4) where the nominee is a minor, it shall be lawful for the individual registered holder of the shares to make nomination to appoint, in such manner as may be specified by regulations, any person to become entitled to the shares in the event of his death during the minority of the nominee' substitution of section 19 123 for section 19 of the principal act, the following sections shall be substituted, namely:— '19 (1) the board may constitute an executive executive committee committee of the board, consisting of— (i) the chairperson; (ii) managing directors; (iii) the directors referred to in clause (c) of sub-section (2) of section 4; and (iv) four directors nominated by the board from amongst the directors referred to in clauses (d), (e), (f) and (g) of subsection (2) of section 4 (2) the executive committee of the board shall exercise such powers as the board may entrust to it" investment committee 19a the board may, for such functions relating to investment of the funds of the corporation as the board may entrust, constitute an investment committee of the board, consisting of the chairperson and not more than seven other directors, of which a minimum two shall be directors other than directors appointed under clause (a) or clause (b) of sub-section (2) of section 4: provided that the officers of the corporation heading the functions dealing with finance, risk, investment and law as well as its appointed actuary shall be invited to every meeting of the committee and shall have a right to be heard at the meeting explanation—for the purposes of this section and section 24b, "appointed actuary" means the actuary appointed as such by the corporation under the regulations made by the authority under the insurance act regarding appointed actuaries nomination and remuneration committee 19b (1) the board shall constitute a nomination and remuneration committee of the board, consisting of three or more directors from amongst directors other than those appointed under clauses (a) or (b) of sub-section (2) of section 4, out of whom not less than one-half shall be independent directors at any time when the number of independent directors in office is sufficient to constitute such proportion of the membership of the committee: provided that the chairperson may be appointed as a member of the nomination and remuneration committee but shall not chair the committee (2) the nomination and remuneration committee shall— (i) formulate the criteria for determining qualifications, positive attributes and independence of a director to be appointed under clause (e) or clause (f) or clause (g) of subsection (2) of section 4 and recommend the same to the board; (ii) in accordance with the criteria referred to in clause (i), identify individuals who are qualified to be appointed as such a director: provided that while identifying individuals, the committee shall have due regard to the requirements under the proviso to sub-section (1) of section 19c; (iii) give its recommendations to the board regarding appointment and removal of such an individual, and carry out evaluation of his performance; and (iv) recommend to the board a policy relating to the sum payable as sitting fees to a director nominated or appointed under clauses (d) or (e) or (f) or (g) of sub-section (2) of section 4, subject to such fees not exceeding such limit as may apply in respect of sitting fees payable to a director of a company under the companies act audit committee 19c (1) the board shall constitute an audit committee of the board, consisting of a minimum of three directors with independent directors forming a majority when the number of independent directors in office is sufficient to constitute such proportion of the membership of the audit committee: provided that a majority of directors on the audit committee, including its chairperson, shall be individuals with ability to read and understand financial statements and at least one individual shall have accounting or related financial management expertise (2) the audit committee shall act in accordance with the terms of reference specified by the board, which shall include, inter alia,— (a) recommendations for appointment, remuneration and terms of appointment of the auditors of the corporation; (b) review and monitoring of the independence and performance of the auditors, and the effectiveness of the audit process; (c) examination of financial statements and auditor's report thereon; (d) approval of transactions of the corporation with related parties: provided that the audit committee may make omnibus approval for related party transactions proposed to be entered into by the corporation subject to such conditions as may be prescribed: provided further that in case of transaction other than transactions referred to in section 4c, and where the audit committee does not approve a transaction, it shall make its recommendations to the board: provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or an officer of the corporation without obtaining the approval of the audit committee and it is not ratified by the audit committee within three months from the date of the transaction, such transaction shall be voidable at the option of the corporation with the approval of the audit committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the corporation against any loss incurred by it: provided also that the provisions of this clause shall not apply to a transaction, other than a transaction referred to in section 4c, between the corporation and its wholly owned subsidiary; (e) scrutiny of inter-corporate loans and investments; (f) valuation of undertakings or assets of the corporation, wherever it is necessary; (g) evaluation of internal financial controls and risk management systems; (h) monitoring the end use of funds raised through public offers, and related matters (3) the audit committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review of financial statement before their submission to the board and may also discuss any related issues with the auditors and the management of the corporation (4) the audit committee shall have authority to investigate any matter in relation to the items specified in sub-section (2) or referred to it by the board and, for this purpose, shall have the power to obtain professional advice from external sources and have full access to information contained in the records of the corporation (5) the auditors of the corporation and such key managerial personnel as the board may specify shall have a right to be heard in the meetings of the audit committee when it considers the auditor's report other committees 19d the board may constitute such other committees of the board as it may deem fit, to render advice to the board on such matters as may be generally or specially referred to them, and to perform such duties as the board may entrust to them' 124 for section 20 of the principal act, the following section substitution of section 20 shall be substituted, namely:— chairperson and managing directors "20 (1) the chairperson shall, subject to the superintendence, control and direction of the board, be entrusted with substantial powers of management in respect of the whole of the affairs of the corporation (2) the chairperson shall also perform such other duties in relation to the affairs of the corporation as the board may entrust to him from time to time and shall, for this purpose, exercise such powers as may be conferred upon him by the board: provided that the board may also empower the chairperson to entrust or delegate such of his duties and powers, as it may deem fit (3) every managing director, subject to the general control of the chairperson, shall perform such duties and exercise such powers as may be entrusted or delegated to him by the board or, under sub-section (2), by the chairperson" amendment of section 22 125 in section 22 of the principal act,— (i) in sub-section (1), for the words "a person whether a member or not", the words "an employee of the corporation other than a whole-time director" shall be substituted; (ii) sub-section (2) shall be omitted insertion of new section 23a 126 after section 23 of the principal act, the following section shall be inserted, namely:— annual general meeting and other general meetings "23a (1) an annual general meeting or other general meeting of members shall be held in each financial year at such time as the board may specify, at the central office of the corporation or at such other place in india as the central government may permit on the recommendations of the board: provided that not more than fifteen months shall elapse between the date of one annual general meeting of the corporation and that of the next: provided further that notwithstanding anything contained in this section, general meeting shall be held only when the corporation has members other than the central government who are entitled to vote: provided also that until the first annual general meeting or other general meeting is held, the board shall perform all the functions required to be performed in such meeting (2) the members present at an annual general meeting shall be entitled to— (a) discuss the financial statements of the corporation as referred to in section 24b and the auditor's report as referred to in section 25b, which shall be accompanied by the report of the board as referred to in section 24c, and to adopt the financial statements, along with all the documents which are required to be attached to such financial statements under this act; (b) discuss and adopt the annual report prepared under section 27; (c) approve a declaration of dividend under subsection (1) of section 28b; (d) approve the appointment of directors under subsection (4) of section 4; (e) approve the appointment of auditors under subsections (1) and (4) of section 25 and fix their remuneration under sub-section (7) of section 25 (3) every member shall be entitled to attend a general meeting, whether in person or by proxy or by duly authorised representative: provided that every director shall also be entitled to attend a general meeting, whether in person or through electronic means: provided further that all notices of, and other communications relating to, any general meeting shall be forwarded to the auditor appointed for the corporation, and such auditor shall, unless exempted by the corporation, attend any general meeting either in person or through authorised representative who is qualified to be an auditor, and shall have the right to be heard at such meeting on any part of the business which concerns him as the auditor (4) a member who is entitled to vote may exercise his vote at a general meeting in person or by proxy or by duly authorised representative (5) persons entitled to attend and to exercise vote at a general meeting may also do so through electronic means, and the manner of attendance and exercise of vote shall be such as may be prescribed (6) no business other than that specified in sub-section (2) shall be transacted or discussed at the annual general meeting, except with the consent of the chairperson, unless not less than six weeks' notice of the same has been given to the chairperson either by the central government or by at least hundred members who have the right to vote at the meeting: provided that such a notice shall be in the form of a definite resolution to be put to the meeting, and that such resolution shall be included in the notice of the meeting (7) save and except with the consent of the chairperson, no business other than that for which a general meeting has been convened shall be transacted or discussed at the meeting (8) no general meeting shall be proceeded with and no business shall be transacted at any general meeting unless members constitute such quorum as may be prescribed: provided that where a meeting could not be held for want of quorum, it may be adjourned and held in such manner as may be prescribed (9) the corporation shall cause the minutes of all proceedings of general meetings to be entered in books kept for that purpose" substitution of section 24 127 for section 24 of the principal act, the following sections shall be substituted, namely:— '24 (1) the corporation shall have its own fund or funds, funds of the corporation and all receipts of the corporation shall be credited thereto and all payments of the corporation shall be made therefrom: provided that the board may, in relation to any of the funds of the corporation or otherwise, establish reserves which may or may not be allocated for a specific purpose, and such sums as the board may determine, may be transferred to or from such reserves (2) the board shall, for every financial year after the financial year in which the provisions of section 127 of the finance act, 2021 come into force, cause to be maintained— (a) a participating policyholders fund, to which all receipts from participating policyholders shall be credited and from which all payments to such policyholders shall be made; and (b) a non-participating policyholders fund, to which all receipts from non-participating policyholders shall be credited and from which all payments to such policyholders shall be made: provided that the members, by resolution in a general meeting, may exempt maintenance of such funds for one financial year at a time up to two financial years books of account, etc 24a (1) the corporation shall prepare and keep at its central office books of account and other relevant books and records and financial statement for every financial year which give a true and fair view of the state of its affairs, including that of its zonal offices, and which explain the transactions effected both at the central office and at its zonal offices (2) the corporation shall prepare and keep at each zonal office of the corporation, books of account and other relevant books and records and financial statement for every financial year which give a true and fair view of the state of affairs of every divisional office established in the zone corresponding to such zonal office and which explain the transactions effected thereat (3) the corporation shall prepare and keep at each divisional office of the corporation, books of account and other relevant books and records and financial statement for every financial year which give a true and fair view of the state of affairs of every branch established under such divisional office and which explain the transactions effected thereat (4) all or any of the books of account and other relevant books and records referred to in sub-section (1) or sub-section (2) or sub-section (3) may be kept at such other place or places in india as the board may decide (5) the corporation shall be deemed to have complied with the provisions of sub-section (1) or sub-section (2) or sub-section (3), in respect of a zonal office or a divisional office, other than the central office, or a branch of the corporation, whether within or outside india, if proper books of account relating to the transactions effected at such office or branch, are kept thereat and proper summarised returns are sent periodically to the central office or the corresponding zonal office or the corresponding divisional office, or to the other place referred to in sub-section (4) (6) the books of account and other relevant books and records referred to in sub-section (1) or sub-section (2) or sub-section (3) may be kept in electronic form, in such manner as the board may determine (7) the books of account of the corporation relating to a period of not less than ten financial years immediately preceding a financial year, together with the vouchers relevant to any entry in such books of account, shall be kept in good order: provided that where the central government has appointed a special auditor under section 25d or is of the opinion that circumstances exist which render it necessary so to do, it may direct the corporation that the books of account be kept for such longer period as the central government may specify 38 of 1949 financial statements 24b (1) the financial statements of the corporation shall give a true and fair view of the state of affairs of the corporation and shall be in conformity with the standards on auditing issued by the institute of chartered accountants of india, constituted under section 3 of the chartered accountants act, 1949, and with the accounting standards issued by the said institute to the extent such accounting standards are applicable to insurers carrying on life insurance business and subject to any regulations made by the authority under the insurance act relating to preparation of financial statements and auditor's report: 38 of 1999 provided that the financial statements shall not be treated as not disclosing a true and fair view of the state of affairs of the corporation, merely by reason of the fact that they do not disclose any matters which are not required to be disclosed by this act or by the insurance act or by the insurance regulatory and development authority act, 1999 or by any other law for the time being in force (2) at every annual general meeting, the board shall place before such meeting financial statements for the preceding financial year (3) the corporation shall, in addition to financial statements provided under sub-section (2), prepare a consolidated financial statement of the corporation and of all its subsidiaries and associate companies in conformity with the auditing standards referred to in sub-section (1) and the accounting standards applicable by law, and shall place the same before the annual general meeting, along with the placing of its financial statements under sub-section (2): provided that the corporation shall also attach along with its financial statements, a separate statement containing the salient features of the consolidated financial statement in respect of its subsidiaries and associate companies (4) the provisions of this act applicable to financial statements under sub-section (1) and under section 24c, the inquiry by the auditor into matters referred to in and making of the auditor's report on accounts under section 25b, and adoption of financial statements under section 23a at the annual general meeting, shall, mutatis mutandis, apply to the consolidated financial statement referred to in sub-section (3) (5) without prejudice to anything contained in sub-section (1) or sub-section (3), where the financial statements are not in conformity with the standards referred to therein, the corporation shall disclose in the financial statements the deviation from such standards, the reasons therefor and the financial effects, if any, arising out of such deviation (6) financial statements including consolidated financial statement, if any, shall be approved by the board before they are signed on behalf of the board by the chairperson, a managing director, one director other than a whole-time director, the heads of the finance and secretarial functions of the corporation and its appointed actuary, for submission to the auditor for his report thereon (7) the auditor's report shall be attached to every financial statement (8) a signed copy of every financial statement, including consolidated financial statement, if any, shall be issued, circulated or published, along with a copy each of— (a) any notes annexed to or forming part of such financial statement; (b) the auditor's report; and (c) the board's report referred to in sub-section (1) of section 24c (9) the central government may, on its own or on an application by the corporation, by notification, exempt the corporation from complying with any of the requirements under this section, if it is considered necessary to grant such exemption in the public interest, and may grant any such exemption either unconditionally or subject to such conditions as it may specify in the notification board's report 24c (1) there shall be attached to financial statements placed before general meeting, a report by the board, which shall include— (a) number of meetings of the board; (b) a directors' responsibility statement; (c) details in respect of frauds reported by auditors; (d) a statement on declarations given by independent directors under the second proviso to sub-section (3) of section 4; (e) the corporation's policy on directors' appointment, including the criteria for determining qualifications, positive attributes and independence of a director, which are referred to in section 19b; (f) explanations or comments by the board on every qualification, reservation or adverse remark or disclaimer made in the auditor's report; (g) particulars in respect of investments in terms of the provisions of section 27a of the insurance act as made applicable to the corporation by notification issued under sub-section (2) of section 43; (h) particulars of contracts or arrangements with related parties, referred to in sub-section (1) of section 4c; (i) the state of the corporation's affairs; (j) the amounts, if any, which are carried to any reserves; (k) the amount, if any, which it recommends should be paid by way of dividend; (l) material changes and commitments, if any, affecting the financial position of the corporation, which have occurred between the end of the financial year to which the financial statements relate and the date of the report; (m) a statement indicating the manner in which annual evaluation of the performance of individual directors has been made under section 19b; (n) such other matters as may be prescribed: provided that where disclosures referred to in this sub-section have been included in the financial statements, such disclosures may be referred to instead of being repeated in the board's report: provided further that where the policy referred to in clause (e) is made available on the corporation's website, it shall be sufficient compliance of the requirement under the said clause if the salient features of the policy and any changes therein are specified in brief in the board's report and the web-address at which the policy is available is indicated therein (2) the directors' responsibility statement referred to in clause (b) of sub-section (1) shall state that— (a) in the preparation of the annual accounts, the standards referred to in section 24b were followed, along with proper explanation relating to material departures; (b) accounting policies were selected and applied consistently and the judgements made and estimates were reasonable and prudent, so as to give a true and fair view of the state of affairs of the corporation at the end of the financial year and of the profit and loss of the corporation for that period; (c) proper and sufficient care for the maintenance of adequate accounting records was taken in accordance with the provisions of this act for safeguarding the assets of the corporation and for preventing and detecting fraud and other irregularities; (d) the annual accounts were prepared on a going concern basis; 45 of 2003 (e) the vigilance administration referred to in clause (h) of sub-section (1) of section 8 of the central vigilance commission act, 2003 was in operation in the corporation under the superintendence of the central vigilance commission, and in addition, internal financial controls to be followed by the corporation had been laid down and were operating effectively; and (f) proper systems were devised to ensure compliance with the provisions of applicable laws and were operating effectively explanation—for the purposes of this sub-section, the expression "internal financial controls" means the policies and procedures adopted for ensuring the orderly and efficient conduct of the corporation's business, including adherence to its policies, safeguarding of its assets, prevention and detection of errors, accuracy and completeness of accounting records, and timely preparation of reliable financial information (3) the board's report and any annexures thereto under sub-section (1) shall be signed on behalf of the board by the chairperson, a managing director and one director other than a whole-time director penalties 24d if the chairperson or the managing director in charge of finance or the head of the finance function of the corporation or any other person of the corporation charged by the board with the duty of complying with the provisions of section 24a or section 24b or section 24c contravenes any of the said provisions, such chairperson or managing director or head of finance function or other person shall, for each section whose provisions have been contravened, be liable to pay penalty of a sum which shall not be less than fifty thousand rupees but which may extend to five lakh rupees' substitution of section 25 128 for section 25 of the principal act, the following sections shall be substituted, namely:— '25 (1) the corporation shall, at its first annual general appointment of auditors meeting, appoint as many auditors (which may be individual or firm) as it deems fit, and such auditor shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting thereafter, and shall similarly appoint auditor for subsequent periods of five years at a time, and the manner and procedure of selection of auditors by the members at such a meeting shall be such as may be prescribed: provided that before such appointment is made, the written consent of the auditor to such appointment, and a certificate from the auditor that the appointment, if made, shall be in accordance with such conditions as may be prescribed, shall be obtained from the auditor: provided further that such certificate shall also declare that the auditor satisfies the criteria provided for eligibility for appointment as an auditor of a company under section 141 of the companies act (2) the corporation shall not appoint an auditor for more than one term of five consecutive years: provided that an auditor who has completed the term of appointment shall not be eligible for re-appointment or for fresh appointment as auditor for a period of five years from such completion: provided further that no audit firm shall be appointed as auditor for a period of five years which, if appointed, as on the date of its appointment, would have a common partner or partners with the audit firm whose term as auditor in the corporation had expired in the financial year immediately preceding the financial year in which fresh appointment is to be made, or which is associated with the same network of audit firms as the audit firm whose term had expired as aforesaid: provided also that nothing contained in this sub-section shall prejudice the right of the corporation to remove an auditor or the right of the auditor to resign from such office of the corporation 38 of 1949 explanation—for the purposes of this sub-section, the expression "same network" includes firms operating or functioning under a common brand name or trade name, or under common control, or which are network firms as defined under any guidelines for networking issued by the institute of chartered accountants of india, constituted under section 3 of the chartered accountants act, 1949 (3) subject to the provisions of this act, the corporation may resolve in a general meeting to provide that— (a) in the audit firm appointed by it, the auditing partner and his team shall be rotated at such intervals as may be resolved by members; (b) the audit shall be conducted by more than one auditor (4) any casual vacancy in the office of an auditor shall be filled by the board within thirty days, but if such casual vacancy is as a result of the resignation of an auditor, such appointment shall also be approved by the corporation in a general meeting convened within three months of the board making recommendations in this behalf, and the auditor so appointed shall hold office till the conclusion of the next annual general meeting (5) where at any annual general meeting, no auditor is appointed, the existing auditor shall continue to be the auditor of the corporation (6) all appointments, including the filling of a casual vacancy of an auditor under this section, shall be made after taking into account the recommendations of the audit committee (7) the remuneration of the auditor shall be fixed in the general meeting or in such manner as may be determined therein (8) until the first annual general meeting is held, auditors duly qualified to act as auditors of companies under the law for the time being in force relating to companies shall be appointed by the board with the previous approval of the central government, and shall receive such remuneration from the corporation as the central government may fix (9) notwithstanding anything contained in sub-section (1), where an auditor has been appointed previous to the first annual general meeting, either under section 25 [as it stood before the coming into force of section 128 of the finance act, 2021] or thereafter under sub-section (8), and the term specified for such auditor's appointment has not expired, and the auditor meets the criteria referred to in sub-section (1), such auditor shall continue till the expiry of the term so specified: provided that nothing contained in this sub-section or in section 25a shall prejudice the right of the corporation to remove such auditor or the right of the auditor to resign from such office of the corporation (10) an auditor appointed under sub-section (1) or subsection (8) or sub-section (9) shall provide to the corporation or its subsidiaries such other services as are approved by the board, but shall not include any of the services, whether rendered directly or indirectly, that are enumerated in section 144 of the companies act: provided that an auditor who has been performing any non-audit services on or before the coming into force of section 128 of the finance act, 2021 shall comply with the provisions of this sub-section before the close of the first financial year in which the said section comes into force explanation—for the purposes of this section, the word 6 of 2009 "firm" shall include a limited liability partnership incorporated under the limited liability partnership act, 2008 removal and resignation of auditor 25a (1) the auditor appointed under section 25 may be removed from office before expiry of the term of appointment only by a special resolution: provided that before taking any action under this subsection, an auditor proposed to be removed shall be given a reasonable opportunity of being heard, which shall include the right to represent in writing to the corporation and, where the auditor requests that such representation be notified to members, to have a copy thereof sent to every member and in case a copy is not sent as aforesaid because it was received too late, to have the representation read out at the meeting, without prejudice to the right to be heard orally (2) the auditor who has resigned from the corporation shall file within a period of thirty days from the date of resignation, a statement in the prescribed form with the corporation, indicating the reasons and other facts as may be relevant with regard to the resignation (3) without prejudice to any action under this act or any other law, if the central government is satisfied, in consultation with the comptroller and auditor general of india, that any change of auditor is required, it may make an order that the auditor shall not function as such and may appoint another auditor in place of such auditor 25b (1) every auditor of the corporation shall have a powers and duties of auditors and auditor's report right of access at all times to the books of account and vouchers of the corporation, and shall be entitled to require from the officers of the corporation such information and explanation as the auditor may consider necessary for the performance of his duties as auditor, and shall, amongst other matters, inquire into the following matters, namely:— (a) whether loans and advances made by the corporation on the basis of security have been properly secured; (b) whether the terms on which loans and advances have been made are prejudicial to the interests of the corporation or its members; (c) whether transactions of the corporation which are represented merely by book entries are prejudicial to its interests; (d) whether so much of the assets of the corporation as consist of shares, debentures and other securities have been sold at a price less than that at which they were purchased; (e) whether loans and advances made by the corporation have been shown as deposits; (f) whether personal expenses have been charged to revenue account; (g) where it is stated in the books and documents of the corporation that any shares have been allotted for cash, whether cash has actually been received in respect of such allotment, and if no cash has actually been so received, whether the position as stated in the account books and the balance-sheet is correct, regular and not misleading: provided that the auditor shall also have the right of access to the records of all the subsidiaries and associate companies of the corporation, in so far as they relate to consolidation of the corporation's financial statements with those of such subsidiaries and associate companies (2) the auditor shall make a report to the members on the accounts examined by the auditor and on every financial statement which is required by or under law to be placed in general meeting, and such report shall, after taking into account applicable provisions of this act and any other law for the time being in force, the standards referred to in section 24b, and matters that are required to be included in the audit report under the provisions of this act or any other law for the time being in force, and to the best of the information and knowledge of the auditor, state that the said accounts and financial statements give a true and fair view of the state of the corporation's affairs as at the end of its financial year and profit or loss and cash flow for the year (3) the auditor's report shall also state— (a) whether the auditor has sought and obtained all the information and explanations which to the best of the auditor's knowledge and belief were necessary for the purpose of audit and if not, the details thereof and the effect of such information on the financial statements; (b) whether, in the auditor's opinion, proper books of account as required by law have been kept by the corporation so far as appears from the auditor's examination of those books and proper returns adequate for the purposes of audit have been received from branches not visited by the auditor; (c) whether any report referred to in the proviso to sub-section (6) has been sent to the corporation's auditor, and the manner in which the corporation's auditor has dealt with it in preparing the auditor's report; (d) whether the corporation's balance-sheet and profit and loss account dealt within the report are in agreement with the books of account and returns; (e) whether, in the auditor's opinion, the financial statements comply with applicable standards; (f) the observations or comments of the auditor on financial transactions and matters which have any adverse effect on the functioning of the corporation; (g) whether any director is disqualified to be or remain a director under clause (i) of section 4a; (h) any qualification, reservation or adverse remark relating to the maintenance of accounts and matters connected therewith; (i) whether the corporation has adequate internal financial controls with reference to financial statements in place and the operating effectiveness of such controls; (j) such other matters as may be prescribed (4) where any of the matters required to be included in the audit report under this section is answered in the negative or with a qualification, the report shall state the reasons therefor (5) all qualifications, observations or comments mentioned in the report of the auditor appointed for the corporation, in respect of financial transactions or matters that have any adverse effect on the functioning of the corporation, shall be read out in general meeting and shall be open to inspection by any member (6) in respect of a branch or an office of the corporation, the accounts shall be audited either by the auditor appointed for the corporation (herein referred to as corporation's auditor) in this section or by any other person qualified for appointment as an auditor of the corporation and appointed as such under section 25, or where the branch or office is situated in a country outside india, the accounts of the branch or office shall be audited either by the corporation's auditor or by an accountant or by any other person duly qualified to act as an auditor of the accounts of the branch or office in accordance with the laws of that country, and the duties and powers of the corporation's auditor with reference to the audit of the branch or office and the auditor thereof, if any, shall be such as may be prescribed: provided that the auditor for a branch or office shall prepare a report on the accounts of the branch or office, examined by such auditor and shall send it to the corporation's auditor, who shall deal with it in the corporation's auditor's report in such manner as the corporation's auditor may consider necessary internal auditor 25c (1) the board shall, on the recommendation of the audit committee, appoint an internal auditor, who shall either be a chartered accountant or a cost accountant, or such other professional as may be determined by the board to conduct the internal audit of the functions and activities of the corporation (2) the audit committee shall— (a) recommend to the board for the appointment, remuneration and terms of appointment of the internal auditor; (b) in consultation with the internal auditor, formulate the scope, functioning, periodicity and methodology for conducting the internal audit; (c) review and monitor the internal auditor's performance and effectiveness of audit process special auditor 25d notwithstanding anything contained in sections 19c, 23a, 25, 25a and 25b, the central government may, at any time, appoint such auditor as it deems fit as a special auditor to examine and report on the accounts of the corporation, and such auditor shall have the same rights of access to the books of account and vouchers of the corporation and entitlement to require information and explanation from the officers of the corporation as an auditor of the corporation has under section 25b' amendment of section 26 129 in section 26 of the principal act,— (i) for the words "the corporation", the words "the board" shall be substituted; (ii) for the words "central government", the word "board" shall be substituted amendment of section 27 130 in section 27 the principal act, the words "and the report shall also give an account of the activities, if any, which are likely to be undertaken by the corporation in the next financial year" shall be omitted 131 for section 28 of the principal act, the following section amendment of section 28 shall be substituted, namely:— "28 (1) if as a result of any investigation undertaken by the board under section 26, any surplus emerges,— surplus from life insurance business, how to be utilised (a) for every financial year previous to the financial year for which the funds referred to in sub-section (2) of section 24 are to be maintained, and for any subsequent financial year for which members may exempt the maintenance of such funds,— (i) ninety per cent, or such higher percentage as the board may approve, of such surplus shall be allocated to or reserved for the life insurance policyholders of the corporation; and (ii) such percentage of the remaining surplus as the board may approve, shall be allocated to or reserved for members and may either be credited to a separate account maintained by the corporation or be transferred to such reserve or reserves as the board may specify; (b) for every financial year other than that referred to in clause (a),— (i) in respect of participating policyholders,— (i) ninety per cent, or such higher percentage as the board may approve, of surplus relating to such policyholders, shall be transferred to the participating policyholders fund, and shall be allocated to or reserved for the life insurance participating policyholders of the corporation; and (ii) such percentage of the remaining surplus as the board may approve, shall be allocated to or reserved for members and may either be credited to a separate account maintained by the corporation or be transferred to such reserve or reserves as the board may specify; (ii) in respect of non-participating policyholders, one hundred per cent of surplus relating to such policyholders shall be allocated to or reserved for members and may either be credited to a separate account maintained by the corporation or be transferred to such reserve or reserves as the board may specify (2) the remaining surplus referred to in sub-clause (ii) of clause (a) of sub-section (1) or in item (ii) of sub-clause (i) of clause (b) of sub-section (1), as the case may be, and the surplus referred to in sub-clause (ii) of clause (b) of subsection (1), and the profits allocated to or reserved for the members under section 28a, shall be utilised for such purposes as the board may approve, including for the purpose of declaration or payment of dividend, the issue of fully paidup bonus shares to members and crediting any of the reserves that the board may create for any purpose (3) the corporation shall, with the approval of the board, publish on its website its surplus distribution policy at least once in five years, or such shorter period not less than three years as the board may deem fit, and such policy shall specify, among other things, the percentages referred to in sub-section (1)" 132 in section 28a of the principal act, for the words "paid amendment of section 28a to the central government", the words "allocated to or reserved for the members" shall be substituted insertion of new sections 28b and 28c 133 in the principal act, after section 28a, the following sections shall be inserted, namely:— "28b (1) no dividend shall be declared or paid by the declaration of dividend corporation for any financial year except out of the surpluses and profits referred to in sub-section (2) of section 28 (after excluding any amount representing unrealised gains, notional gains or revaluation of assets and any change in carrying amount of an asset or of a liability on measurement of the asset or the liability at fair value) for such year arrived at after providing for depreciation, or for any previous financial year or years arrived at after providing for depreciation and remaining undistributed, or out of both the aforesaid surpluses and profits: provided that no dividend shall be declared or paid by the corporation from its reserves other than free reserves: provided further that no dividend shall be declared or paid by the corporation unless any losses carried over from previous years and any depreciation not provided for in previous years are set off against the surpluses and profits referred to in sub-section (2) of section 28 for the financial year for which the dividend is proposed to be declared or paid (2) the board may, during any financial year or at any time during the period from the close of a financial year till the holding of the annual general meeting for that financial year, declare interim dividend out of the surpluses and profits referred to in sub-section (2) of section 28 of the financial year for which such interim dividend is sought to be declared, or out of the surpluses and profits referred to in sub-section (2) generated in the current financial year till the close of the quarter preceding the date of declaration of such interim dividend: provided that in case the corporation has incurred loss during the current financial year up to the close of the quarter immediately preceding the date of declaration of interim dividend, such interim dividend shall not be declared at a rate higher than the average of the dividends declared by the corporation during the immediately preceding three financial years (3) the amount of the dividend, including interim dividend, shall be deposited in a scheduled bank in a separate account within five days from the date of declaration of such dividend (4) no dividend shall be paid by the corporation in respect of any share of the corporation except to the member in whose name such share is entered on the register of members referred to in section 5c, or to his order, or to his banker, and shall be payable in cash and not in stock or other form of value: provided that nothing in this sub-section shall be deemed to prohibit the capitalisation of the surpluses and profits referred to in sub-section (2) of section 28 for the purpose of issuing fully paid-up bonus shares or paying up any amount for the time being unpaid on any share held by members: provided further that any dividend payable in cash may be paid by cheque or warrant or in any electronic mode to the member entitled to such payment unpaid dividend account 28c (1) where a dividend has been declared by the corporation but has not been paid or claimed within thirty days from the date of declaration to any member entitled to payment thereof, the corporation shall, within seven days from the expiry of the said period of thirty days, transfer the total amount of dividend which remains unpaid or unclaimed to a special account to be opened by the corporation in that behalf in any scheduled bank, to be called the unpaid dividend account (2) the corporation shall, within a period of ninety days of making any transfer of an amount under sub-section (1) to the unpaid dividend account, prepare a statement containing the name and last known address of, and the amount of the unpaid dividend payable to, each member entitled to such unpaid dividend, and shall place such statement on its website and on any other website as the central government may specify (3) if any default is made in transferring the total amount referred to in sub-section (1) or any part thereof to the unpaid dividend account, the corporation shall pay, from the date of such default, interest on so much of the amount as has not been transferred to the said account, at such rate as is specified in section 123 of the companies act, and the interest accruing on such amount shall ensure to the benefit of the members in proportion to the amount remaining unpaid to them (4) any person claiming to be entitled to any money transferred under sub-section (1) to the unpaid dividend account may apply to the corporation for payment of the money claimed (5) the amount remaining unclaimed and unpaid for a period of seven year from the date it became due for payment in the unpaid dividend account shall be transferred to the investor education and protection fund established under sub-section (1) of section 125 of the companies act and shall be deemed to be an amount credited to the said fund under sub-section (2) of the said section" substitution of sections 46 and 47 134 for sections 46 and 47 of the principal act, the following sections shall be substituted, namely:— '46 (1) no act or proceeding of the corporation or of its board or any committee thereof shall be called in question on the ground merely of the existence of any vacancy or defect in the constitution of the corporation or the board or such committee, as the case may be defects in constitution of corporation or committees or in appointment or nomination of directors not to invalidate acts or proceedings (2) no act done by an individual as a director shall be deemed to be invalid, notwithstanding that it was subsequently noticed that his appointment or nomination, as the case may be, was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in this act: provided that nothing in this sub-section shall be deemed to give validity to any act done by such individual as director after his appointment or nomination, as the case may be, has been noticed by the corporation to be invalid or to have terminated 47 (1) no suit, prosecution or other legal proceeding protection of action taken under this act shall lie against any director or employee of the corporation for anything which is in good faith done or intended to be done in pursuance of this act or of any rules or regulations made thereunder (2) a director who is not a whole-time director shall be held liable only in respect of such acts of omission or commission of the corporation which had occurred with his knowledge, attributable through board processes, and with his consent or connivance or where he had not acted diligently explanation—for the purposes of this sub-section, the reference to "board" shall include committees of the board' amendment of section 48 135 in section 48 of the principal act, in sub-section (2),— (i) in clause (a), for the word "members", the word "directors" shall be substituted; (ii) for clause (aa), the following clauses shall be substituted, namely:— "(aa) the manner of disclosure of interest by a director under section 4b; (ab) the conditions subject to which the board may consent to related party transactions under section 4c; (ac) the securities and instruments which may be issued under section 5; (ad) the manner of reservation in favour of life insurance policyholders and allotment against such reservation, in relation to a public issue, under clause (a) of sub-section (9) of section 5;"; (iii) for clause (g), the following clause shall be substituted, namely:–– "(g) the conditions under the first proviso to clause (d) of sub-section (2) of section 19c;"; (iv) after clause (h), the following clauses shall be inserted, namely:— "(ha) the manner in which general meetings shall be held, and the business to be transacted and procedure to be followed thereat; (hb) the quorum for a general meeting, and the manner of holding the meeting if it could not be held for want of quorum and was adjourned under section 23a; (hc) the manner in which persons may attend a general meeting and exercise their vote; (hd) the manner in which notices may be served on behalf of the corporation upon members or other persons; (he) the form and manner in which the financial statements referred to in sub-section (8) of section 24b may be issued, circulated or published; (hf) matters that may be prescribed under clause (n) of sub-section (1) of section 24c; (hg) the manner and procedure of selection and conditions of appointment of auditors under sub-section (1) of section 25; (hh) the form in which an auditor who has resigned shall indicate the reasons and other facts relevant to the resignation under sub-section (2) of section 25a; (hi) the matters to be prescribed under clause (j) of sub-section (3) of section 25b; (hj) the duties and powers of the corporation's auditor with reference to the audit of a branch or office of the corporation and the auditor thereof, under sub-section (6) of section 25b;" amendment of section 49 136 in the principal act, in section 49,— (i) in sub-section (1), for the word "corporation", the word "board" shall be substituted; (ii) in sub-section (2),— (a) in clause (a), for the word "corporation", the word "board" shall be substituted; (b) clause (c) shall be omitted; (c) in clause (e), for the word "fund", the words "fund or funds" shall be substituted; (d) for clause (h), the following clause shall be substituted, namely:— "(h) the manner in which meetings of the board and its committees shall be held, the business to be transacted and procedure to be followed thereat, and the quorum therefor;"; (e) clause (i) shall be omitted; (f) after clause (m), the following clauses shall be inserted, namely:— "(n) the manner of election of directors under clause (e) of sub-section (2) of section 4; (o) the form and manner of registers to be kept and maintained under sub-section (1) of section 5c; (p) the manner of nomination by an individual registered member or joint holder of shares, the manner of variation or cancellation of such nomination, and the manner of nomination in favour of a minor, under section 5f; (q) the manner in which and the conditions subject to which shares, including partly paid-up shares, may be issued, held, transferred and registered; (r) the maintenance and operation of the funds and reserves under section 24; (s) the form and manner in which the books and records referred to in section 24a may be kept;"; (iii) after sub-section (2), the following sub-section shall be inserted, namely:— "(2a) any reference in the regulations as in force immediately before the coming into force of section 123 of the finance act, 2021 to "investment committee" shall be construed as a reference to the investment committee of the board referred to in section 19a" 137 after section 49 of the principal act, the following sections shall be inserted, namely:— insertion of sections 50 and 51 form, manner etc for companies to apply with modifications "50 where this act provides that the form or manner or period or details in respect of any declaration to be made or the particulars to be included in any register to be maintained shall be such as may be prescribed for a company under the companies act, such prescribed form or manner or period or details or particulars, as the case may be, shall apply subject to such modifications, exceptions and conditions that the central government may by notification specify power to remove difficulties 51 (1) if any difficulty arises in giving effect to the provisions of this act as amended by part iii of chapter vi of the finance act, 2021, 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 after the expiry of a period of three years from the date of commencement of part iii of chapter vi of the finance act, 2021 (2) every order made under this section shall, as soon as may be after it is made, be laid on the table of each house of parliament" part iv amendments to the securities contracts (regulation) act, 1956 commencement of this part 138 the provisions of this part shall come into force on the 1st day of april, 2021 42 of 1956 139 in the securities contracts (regulation) act, 1956 amendment of section 2 (hereafter in this part referred to as the principal act), in section 2,–– (i) after clause (d), the following clause shall be inserted, namely:–– 43 of 1961 '(da) "pooled investment vehicle" means a fund established in india in the form of a trust or otherwise, such as mutual fund, alternative investment fund, collective investment scheme or a business trust as defined in sub-section (13a) of section 2 of the incometax act, 1961 and registered with the securities and exchange board of india, or such other fund, which raises or collects monies from investors and invests such funds in accordance with such regulations as may be made by the securities and exchange board of india in this behalf;'; (ii) in clause (h),–– (a) in sub-clause (i), for the words "other body corporate", the words "or a pooled investment vehicle or other body corporate" shall be substituted; (b) after sub-clause (id), the following sub-clause shall be inserted, namely:–– "(ida) units or any other instrument issued by any pooled investment vehicle;" 140 after section 30a of the principal act, the following insertion of new section 30b section shall be inserted, namely:–– 2 of 1882 special provisions related to pooled investment vehicle "30b (1) notwithstanding anything contained in the indian trust act, 1882 or in any other law for the time being in force or in any judgment, decree or order of any court, tribunal or any other authority, a pooled investment vehicle, whether constituted as a trust or otherwise, and registered with the securities and exchange board of india shall be eligible to borrow and issue debt securities in such manner and to such extent as may be specified under the regulations made by securities and exchange board of india in this behalf (2) every pooled investment vehicle referred to in subsection (1) shall, subject to the provisions of the trust deed, be permitted to provide security interest to lenders in terms of the facility documents entered into by such pooled investment vehicle (3) where any pooled investment vehicle referred to in sub-section (1) defaults in repayment of principal amount or payment of interest or any such amount due to the lender, the lender shall recover the defaulted amount and enforce security interest, if any, against the trust assets, by initiating proceedings against the trustee acting on behalf of such pooled investment vehicle in accordance with the terms and conditions specified in the facility documents: provided that on initiation of the proceedings against the trust assets, the trustee shall not be personally liable and his assets shall not be utilised towards recovery of such debt (4) the trust assets, which remain after recovery of defaulted amount, shall be remitted to the unit holders on proportionate basis" part v amendment to the central sales tax act, 1956 141 in the central sales tax act, 1956, in section 8, in sub-amendment of act 74 of 1956 section (3), for clause (b), the following clause shall be substituted, namely:–– "(b) are goods of the class or classes specified in the certificate of registration of the registered dealer purchasing the goods as being intended for re-sale by him or subject to any rules made by the central government in this behalf, for use by him in the manufacture or processing for sale of goods specified under clause (d) of section 2;" part vi amendments to the prohibition of benami property transaction act, 1988 commencement of this part 142 the provisions of this part shall come into force on the 1st day of july, 2021 143 in the prohibition of benami property transactions amendment of section 2 45 of 1988 act, 1988 (hereinafter in this part referred to as the principal act), in section 2, in clause (1), for the words "appointed under", the words "referred to in" shall be substituted substitution of section 7 144 for section 7 of the principal act, the following section shall be substituted, namely:–– adjudicating authority "7 the competent authority authorised under sub- 13 of 1976 section (1) of section 5 of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 shall be the adjudicating authority to exercise jurisdiction, powers and authority conferred by or under this act" omission of sections 8 to 17 145 sections 8 to 17 of the principal act, shall be omitted amendment of section 26 146 in section 26 of the principal act, in sub-section (7), after the proviso to the explanation, the following proviso shall be inserted, namely:–– "provided that where the time limit for passing order under this sub-section expires during the period beginning from the 1st day of july, 2021 and ending on the 29th day of september, 2021, the time limit for passing such order shall be extended to the 30th day of september, 2021" amendment of section 68 147 in section 68 of the principal act, in sub-section (2), clauses (b) and (c) shall be omitted part vii amendment to the securities and exchange board of india act, 1992 amendment of act 15 of 1992 148 in the securities and exchange board of india act, 1992, in section 12, after sub-section (1b), the following subsection shall be inserted with effect from the 1st day of april, 2021, namely:–– "(1c) no person shall sponsor or cause to be sponsored 43 of 1961 or carry on or cause to be carried on the activity of an alternative investment fund or a business trust as defined in clause (13a) of section 2 of the income-tax act, 1961, unless a certificate of registration is granted by the board in accordance with the regulations made under this act" part viii amendment to the recovery of debts due to banks and financial institutions act, 1993149 in the recovery of debts due to banks and financial amendment of act 51 of 1993 institutions act, 1993, in section 2, in clause (g), after the words "from any person", the words, brackets, letters and figures "or a pooled investment vehicle as defined in clause (da) of section 2 of the securities contracts (regulation) act, 1956," shall be inserted with effect from the 1st day of april, 2021 42 of 1956 part ix amendment to the finance act, 2001 14 of 2001 150 in the seventh schedule to the finance act, 2001,–– amendment of seventh schedule (a) for the brackets, words and figures "(see section 138)", the brackets, words and figures "(see section 136)" shall be substituted; (b) after tariff item 2403 99 90 and the entries relating thereto, the following tariff items and entries shall be inserted with effect from the 1st day of january, 2022, namely:–– | " 2404 11 00 | -- containing tobacco or ||-----------------------|-----------------------------|| reconstituted tobacco | || kg 25% | || 2404 19 00 | -- other || | || | | part x amendment to the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 amendment of act 54 of 2002 151 in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, in section 2, in sub-section (1) with effect from the 1st day of april, 2021–– (i) in clause (f),–– (a) for the words "any person who", the words "any person who, or a pooled investment vehicle as defined in clause (da) of section 2 of the securities contracts (regulation) act, 1956 which," shall be substituted; 42 of 1956 (b) for the words "and includes a person who", the words " and includes a person who, or a pooled investment vehicle which," shall be substituted; (ii) in clause (zd), in sub-clause (iv), for the words "the board appointed by any company", the words "the board and appointed" shall be substituted part xi amendments to the industrial development bank (transfer of undertaking and repeal) act, 2003 152 the provisions of this part shall come into force on such commencement of this part date as the central government may, by notification in the official gazette, appoint 53 of 2003 amendment of section 3 153 in the industrial development bank (transfer of undertaking and repeal) act, 2003, in section 3, in sub-section (2),— (i) in the opening paragraph, the words "in addition to the business which may be carried on and transacted by the development bank" shall be omitted; (ii) after the proviso, the following proviso shall be inserted, namely:— 10 of 1949 "provided further that the provisions of clause (a) to the proviso, shall cease to be applicable immediately after the commencement of part… of the finance act, 2021, and from such commencement, the company shall be deemed to have obtained licence under section 22 of the banking regulation act, 1949" part xii amendments to the finance (no2) act, 2004 154 the provisions of this part shall come into force and commencement of this part shall be deemed to have come into force on the 1st day of february, 2021 23 of 2004 155 in section 97 of the finance act (no2) act, 2004, amendment of section 97 (hereafter in this part referred to as the principal act),–– (i) in clause (13), in sub-clause (b), for the words "mutual fund;", the following shall be substituted, namely:– - "mutual fund; or (ba) sale or surrender or redemption of a unit of an equity oriented fund to an insurance company, on maturity or partial withdrawal, with respect to unit linked insurance policy issued by such insurance company on or after the 1st day of february, 2021;"; (ii) after clause (13), the following clause shall be inserted, namely:–– '(13a) "unit linked insurance policy" shall have the 43 of 1961 meaning assigned to it in explanation 3 of clause (10d) of section 10 of the income-tax act, 1961;' amendment of section 98 156 in section 98 of the principal act, in the table, after serial number 5 and the entries relating thereto, the following shall be inserted, namely:–– "5a sale or surrender or redemption of a unit seller" of an equity oriented fund to an insurance company, on maturity or partial [0001] per cent withdrawal, with respect to unit linked insurance policy issued by such insurance company on or after the first day of february, 2021 157 in section 100 of the principal act, after the words amendment of section 100 "mutual fund" wherever they occur, the words "or insurance company" shall be inserted 158 in section 101 of the principal act, after the words amendment of section 101 "mutual fund" at both places where they occur, the words "or insurance company" shall be inserted part xiii amendment to the finance act, 2016amendment of act 28 of 2016 159 in the finance act, 2016,–– (a) the following amendments shall be made and shall be deemed to have been made with effect from the 1st day of april, 2020, namely:–– (i) in section 163, in sub-section (3), the following proviso shall be inserted, namely:–– "provided that the consideration received or receivable for specified services and for e-commerce supply or services shall not include the consideration, which are taxable as royalty or fees for technical services in india under the income-tax act, read with the agreement notified by the central government under section 90 or section 90a of the said act"; (ii) in section 164, in clause (cb), the following explanation shall be inserted, namely:–– 'explanation––for the purposes of this clause, "online sale of goods" and "online provision of services" shall include one or more of the following online activities, namely:–– (a) acceptance of offer for sale; or (b) placing of purchase order; or (c) acceptance of the purchase order; or (d) payment of consideration; or (e) supply of goods or provision of services, partly or wholly;'; (iii) in section 165a, in sub-section (3),–– (a) in the opening portion, for the words 'section, "specified circumstances" mean––', the following shall be substituted, namely:–– 'section,–– (a) "specified circumstances" mean––'; (b) after clause (a) as so amended, the following clause shall be inserted, namely:–– "(b) consideration received or receivable from e- commerce supply or services shall include–– (i) consideration for sale of goods irrespective of whether the e-commerce operator owns the goods; (ii) consideration for provision of services irrespective of whether service is provided or facilitated by the e-commerce operator" (b) in section 191, in the proviso, after the word "refundable", the words "without any interest" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of june, 2016 part xiv amendment to the direct tax vivad se vishwas act, 2020 amendment of act 3 of 2020 160 in the direct tax vivad se vishwas act, 2020, the following amendments shall be made and shall be deemed to have been made with effect from the 17th day of march, 2020, namely:–– (a) in section 2, in sub-section (1),–– (i) in clause (a), the following explanation shall be inserted, namely:— 'explanation—for the removal of doubts, it is hereby clarified that the expression "appellant" shall not include and shall be deemed never to have been included a person in whose case a writ petition or special leave petition or any other proceeding has been filed either by him or by the income-tax authority or by both before an appellate forum, arising out of an order of the settlement commission under chapter xix-a of the income-tax act, and such petition or appeal is either pending or is disposed of'; (ii) in clause (j), after the second proviso, the following explanation shall be inserted, namely:— 'explanation––for the removal of doubts, it is hereby clarified that the expression "disputed tax", in relation to an assessment year or financial year, as the case may be, shall not include and shall be deemed never to have been included any sum payable either by way of tax, penalty or interest pursuant to an order passed by the settlement commission under chapter xix-a of the income-tax act'; (iii) in clause (o), the following explanation shall be inserted, namely:–– 'explanation––for the removal of doubts, it is hereby clarified that the expression "tax arrear" shall not include and shall be deemed never to have been included any sum payable either by way of tax, penalty or interest pursuant to an order passed by the settlement commission under chapter xix-a of the income-tax act' 16 of 1931 _____________ declaration under the provisional collection of taxes act, 1931 it is hereby declared that it is expedient in the public interest that the provisions of clauses 95 (i), 115 and 116 of this bill shall have immediate effect under the provisional collection of taxes act, 1931 ______________ the first schedulenil; (see section 2) part i income-tax paragraph a (i) in the case of every individual other than the individual referred to in items (ii) and (iii) of this paragraph 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, not being a case to which any other paragraph of this part applies,— rates of income-tax (1) where the total income does not exceed rs 2,50,000 (2) where the total income exceeds rs 2,50,000 but does not exceed rs 5,00,000 rs12,500 plus 20 per cent of the amount by which the total income exceeds rs 5,00,000; 5 per cent of the amount by which the total income exceeds rs 2,50,000; (3) where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000 (4) where the total income exceeds rs 10,00,000 rs 1,12,500 plus 30 per cent of the amount by which the total income exceeds rs10,00,000 (ii) in the case of every individual, being a resident in india, who is of the age of sixty years or more but less than eighty years at any time during the previous year,— rates of income-tax nil; (1) where the total income does not exceed rs 3,00,000 (2) where the total income exceeds rs 3,00,000 but does not exceed rs 5,00,000 5 per cent of the amount by which the total income exceeds rs 3,00,000; rs10,000 plus 20 per cent of the amount by which the total income exceeds rs 5,00,000; (3) where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000 (4) where the total income exceeds rs 10,00,000 rs 1,10,000 plus 30 per cent of the amount by which the total income exceeds rs10,00,000 (iii) in the case of every individual, being a resident in india, who is of the age of eighty years or more at any time during the previous year,— rates of income-tax nil; (1) where the total income does not exceed rs 5,00,000 (2) where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000 20 per cent of the amount by which the total income exceeds rs 5,00,000; (3) where the total income exceeds rs 10,00,000 rs 1,00,000 plus 30 per cent of the amount by which the total income exceeds rs 10,00,000 surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a or the provision of section 115bac of the income-tax act, shall be increased by a surcharge for the purposes of the union, calculated, 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,— (a) having a total income (including the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act) exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of ten per cent of such income-tax; (b) having a total income (including the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act) exceeding one crore rupees, but not exceeding two crore rupees, at the rate of fifteen per cent of such income-tax; (c) having a total income (excluding the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act) exceeding two crore rupees but not exceeding five crore rupees, at the rate of twenty-five per cent of such income-tax; (d) having a total income (excluding the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act) exceeding five crore rupees at the rate of thirty-seven per cent of such income-tax; and (e) having a total income (including the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act) exceeding two crore rupees, but is not covered under clauses (c) and (d), shall be applicable at the rate of fifteen per cent of such income-tax: provided that in case where the total income includes any income by way of dividend or income chargeable under section 111a and section 112a of the income-tax act, the rate of surcharge on the amount of income-tax computed in respect of that part of income shall not exceed fifteen per cent: provided further that in the case of persons mentioned above having total income exceeding,— (a) fifty lakh rupees but not exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees; (b) one crore rupees but does not exceed two crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees; (c) two crore rupees but does not exceed five crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of two crore rupees by more than the amount of income that exceeds two crore rupees; (d) five crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of five crore rupees by more than the amount of income that exceeds five crore rupees paragraph b in the case of every co-operative society,— rates of income-tax10 per cent of the total income; (1) where the total income does not exceed rs10,000 (2) where the total income exceeds rs10,000 but does not exceed rs 20,000 rs1,000 plus 20 per cent of the amount by which the total income exceeds rs 10,000; (3) where the total income exceeds rs 20,000 rs 3,000 plus 30 per cent of the amount by which the total income exceeds rs 20,000 surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a of the income-tax act, shall, in the case of every co-operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax: provided that in the case of every co-operative society mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees paragraph c in the case of every firm,— rate of income-tax on the whole of the total income 30 per cent surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a of the income-tax act, shall, in the case of every firm, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax: 25 per cent of the total income; provided that in the case of every firm mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees paragraph d in the case of every local authority,— rate of income-tax on the whole of the total income 30 per cent surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a of the income-tax act, shall, in the case of every local authority, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax: provided that in the case of every local authority mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees paragraph e in the case of a company,— rates of income-tax i in the case of a domestic company,— (i) where its total turnover or the gross receipt in the previous year 2018-19 does not exceed four hundred crore rupees; (ii) other than that referred to in item (i) 30 per cent of the total income ii in the case of a company other than a domestic company,— (i) on so much of the total income as consists of,— 50 per cent; (a) royalties received from government or an indian concern in pursuance of an agreement made by it with the government or the indian concern after the 31st day of march, 1961 but before the 1st day of april, 1976; or (b) fees for rendering technical services received from government or an indian concern 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 the central government (ii) on the balance, if any, of the total income 40 per cent surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or 112a of the income-tax act, shall, be increased by a surcharge for the purposes of the union calculated,— (i) in the case of every domestic company,–– (a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of seven per cent of such income-tax; and (b) having a total income exceeding ten crore rupees, at the rate of twelve per cent of such income-tax; (ii) in the case of every company other than a domestic company,–– (a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of two per cent of such income-tax; and (b) having a total income exceeding ten crore rupees, at the rate of five per cent of such income-tax: provided that in the case of every company having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees: provided further that in the case of every company having a total income exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees part ii rates for deduction of tax at source in certain cases in every case in which under the provisions of sections 193, 194a, 194b, 194bb, 194d, 194lba, 194lbb, 194lbc 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 the deduction at the following rates:– rate of incometax 1 in the case of a person other than a company— (a) where the person is resident in india— 10 per cent; (i) on income by way of interest other than "interest on securities" 30 per cent; (ii) on income by way of winnings from lotteries, puzzles, card games and other games of any sort 30 per cent; (iii) on income by way of winnings from horse races 5 per cent; (iv) on income by way of insurance commission 10 per cent; (v) on income by way of interest payable on— (a) any debentures or securities for money issued by or on behalf of any local authority or a corporation established by a central, state or provincial act; (b) any debentures issued by a company where such debentures are listed on a recognised stock exchange in india in accordance with the securities contracts (regulation) act, 1956 (42 of 1956) and any rules made thereunder; (c) any security of the central or state government; 10 per cent; (vi) on any other income (b) where the person is not resident in india— (i) in the case of a non-resident indian— 20 per cent; (a) on any investment income 10 per cent; 10 per cent; (b) on income by way of long-term capital gains referred to in section 115e or sub-clause (iii) of clause (c) of sub-section (1)of section 112 (c) on income by way of long-term capital gains referred to in section 112a 20 per cent; 15 per cent; 20 per cent; (d) on other income by way of long-term capital gains [not being long-term capital gains referred to in clauses (33) and (36) of section 10] referred to in section 112a exceeding one lakh rupees (e) on income by way of short-term capital gains referred to in section 111a (f) on income by way of interest payable by government or an indian concern on moneys borrowed or debt incurred by government or the indian concern in foreign currency (not being income by way of interest referred to in section 194lb or section 194lc) 10 per cent; (g) on income by way of royalty payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern 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 first proviso to sub-section (1a) of section115a of the incometax act, to the indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1a) of section 115a of the income-tax act, to a person resident in india 10 per cent; 10 per cent; (h) on income by way of royalty [not being royalty of the nature referred to in sub-item (b)(i)(g)] payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement is with an indian concern, the agreement is approved by the central government or where it relates to a matter included in the industrial policy, for the time being in force, of the government of india, the agreement is in accordance with that policy (i) on income by way of fees for technical services payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement is with an indian concern, the agreement is approved by the central government or where it relates to a matter included in the industrial policy, for the time being in force, of the government of india, the agreement is in accordance with that policy (j) on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort (k) on income by way of winnings from horse races (l) on the income by way of dividend (m) on the whole of the other income 30 per cent; 30 per cent; 20 per cent; 30 per cent; (ii) in the case of any other person— 20 per cent; 10 per cent; 10 per cent; (a) on income by way of interest payable by government or an indian concern on moneys borrowed or debt incurred by government or the indian concern in foreign currency (not being income by way of interest referred to in section 194lb or section 194lc) (b) on income by way of royalty payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern 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 first proviso to sub-section (1a) of section 115a of the incometax act, to the indian concern, in respect of any computer software referred to in the second proviso to sub-section (1a) of section 115a of the income-tax act, to a person resident in india (c) on income by way of royalty [not being royalty of the nature referred to in sub-item (b)(ii)(b)] payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement 10 per cent; is with an indian concern, the agreement is approved by the central government or where it relates to a matter included in the industrial policy, for the time being in force, of the government of india, the agreement is in accordance with that policy (d) on income by way of fees for technical services payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement is with an indian concern, the agreement is approved by the central government or where it relates to a matter included in the industrial policy, for the time being in force, of the government of india, the agreement is in accordance with that policy (e) on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort (f) on income by way of winnings from horse races (g) on income by way of short-term capital gains referred to in section 111a (h) on income by way of long-term capital gains referred to in subclause (iii) of clause (c) of subsection (1) of section 112 (i) on income by way of long-term capital gains referred to in section 112a exceeding one lakh rupees (j) on income by way of other long-term 30 per cent; 30 per cent; 15 per cent; 10 per cent; 10 per cent; 20 per cent; 20 per cent; capital gains [not being long-term capital gains referred to in clauses (33) and (36)of section 10] (k) on income by way of dividend (l) on the whole of the other income 30 per cent; 2 in the case of a company— (a) where the company is a domestic company— (i) on income by way of interest other than "interest on securities" (ii) on income by way of winnings from lotteries, puzzles, card games and other games of any sort (iii) on income by way of winnings from horse races (iv) on any other income 30 per cent; 30 per cent; 20 per cent; 10 per cent; 10 per cent; 30 per cent; 30 per cent; 10 per cent; (b) where the company is not a domestic company— (i) on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort (ii) on income by way of winnings from horse races (iii) on income by way of interest payable by government or an indian concern on moneys borrowed or debt incurred by government or the indian concern in foreign currency (not being income by way of interest referred to in section 194lb or section 194lc) (iv) on income by way of royalty payable by government or an indian concern in pursuance of an agreement made by it with the 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 first proviso to sub-section (1a) of section 115a of the income-tax act, to the indian concern, or in respect of any computer software referred to in the second proviso to sub-section (1a) of section 115a of the income-tax act, to a person resident in india (v) on income by way of royalty [not being royalty of the nature referred to in subitem (b)(iv)] payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement is with an indian concern, the agreement is approved by the central government or where it relates to a matter included in the industrial policy, for the time being in force, of the government of india, the agreement is in with that policy— (a) where the agreement is made after the 31st day of march, 1961 but before the 1st day of april, 1976 (b) where the agreement is made after the 31st day of march, 1976 (vi) on income by way of fees for technical services payable by government or an indian concern in pursuance of an agreement made by it with the government or the indian concern and where such agreement is with an indian concern, the agreement is approved by the central government or where it relates to a matter included in the industrial policy, for the time being in force, of the government of india, the agreement is in accordance with that policy— (a) where the agreement is made after the 29th day of february, 1964 but before the 1st day of april, 1976 50 per cent; 10 per cent; 50 per cent; (b) where the agreement is made after the 31st day of march, 1976 (vii) on income by way of short-term capital gains referred to in section 111a (viii) on income by way of long-term capital gains referred to in sub-clause (iii) of clause (c) of sub-section (1) of section 112 (ix) on income by way of long-term capital gains referred to in section 112a exceeding one lakh rupees (x) on income by way of other long-term capital gains [not being long-term capital gains referred to in clauses (33) and (36) of section 10] (xa) on income by way of dividend (xi) on any other income 10 per cent; 15 per cent; 10 per cent; 10 per cent; 20 per cent; 20 per cent; 40 per cent explanation— for the purposes of item 1(b)(i) of this part, "investment income" and "non-resident indian" shall have the meanings assigned to them in chapter xii-a of the income-tax act surcharge on income-tax the amount of income-tax deducted in accordance with the provisions of–– (i) item 1 of this part, shall be increased by a surcharge, for the purposes of the union,–– (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, being a non-resident, calculated,–– i at the rate of ten per cent of such tax, where the income or the aggregate of such incomes (including the income by way of dividend or income under the provisions of sections 111a and 112a of the income-tax act) paid or likely to be paid and subject to the deduction exceeds fifty lakh rupees but does not exceed one crore rupees; ii at the rate of fifteen per cent of such tax, where the income or the aggregate of such incomes (including the income by way of dividend or income under the provisions of sections 111a and 112a of the income-tax act) paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed two crore rupees; iii at the rate of twenty-five per cent of such tax, where the income or the aggregate of such incomes (excluding the income by way of dividend or income under the provisions of sections 111a and 112a of the income-tax act) paid or likely to be paid and subject to the deduction exceeds two crore rupees but does not exceed five crore rupees; iv at the rate of thirty-seven per cent of such tax, where the income or the aggregate of such incomes (excluding the income by way of dividend or income under the provisions of sections 111a and 112a of the income-tax act) paid or likely to be paid and subject to the deduction exceeds five crore rupees; and v at the rate of fifteen per cent of such tax, where the income or the aggregate of such incomes (including the income by way of dividend or income under the provisions of sections 111a and 112a of the income-tax act) paid or likely to be paid and subject to the deduction exceeds two crore rupees, but is not covered under sub-clauses iii and iv: provided that in case where the total income includes any income by way of dividend or income chargeable under sections 111a and 112a of the income-tax act, the rate of surcharge on the amount of income-tax deducted in respect of that part of income shall not exceed fifteen per cent; (b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of twelve per cent, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees; (ii) item 2 of this part shall be increased by a surcharge, for the purposes of the union, in the case of every company other than a domestic company, calculated,–– (a) at the rate of two per cent of such income-tax where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed ten crore rupees; and nil; (b) at the rate of five per cent of such income-tax where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds ten crore rupees part iii rates for charging income-tax in certain cases, deducting income-tax from income chargeable under the head "salaries" and computing "advance tax" in cases in which income-tax has to be charged under subsection (4) of section 172 of the income-tax act or sub-section (2) of section 174 or section 174a or section 175 or sub-section (2) of section 176 of the said act or deducted from, or paid on, from income chargeable under the head "salaries" under section 192 of the said act or deducted under section 194p 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" [not being "advance tax" in respect of any income chargeable to tax under chapter xii or chapter xii-a or income chargeable to tax under section 115jb or section 115jc or chapter xii-fa or chapter xii-fb or sub-section (1a) of section 161 or section 164 or section 164a or section 167b of the income-tax act at the rates as specified in that chapter or section or surcharge, wherever applicable, on such "advance tax" in respect of any income chargeable to tax under section 115a or section 115ab or section 115ac or section 115aca or section 115ad or section 115b or section 115ba or section 115baa or section 115bab or section 115bad or section 115bb or section 115bba or section 115bbc or section 115bbd or section 115bbe or section 115bbf or section 115bbg or section 115e or section 115jb or section 115jc] shall be charged, deducted or computed at the following rate or rates:— paragraph a (i) in the case of every individual other than the individual referred to in items (ii) and (iii) of this paragraph 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, not being a case to which any other paragraph of this part applies,— rates of income-tax (1) where the total income does not exceed rs 2,50,000 (2) where the total income exceeds rs 2,50,000 but does not exceed rs 5,00,000 5 per cent of the amount by which the total income exceeds rs 2,50,000; (3) where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000 rs 12,500 plus 20 per cent of the amount by which the total income exceeds rs 5,00,000; (4) where the total income exceeds rs 10,00,000 rs 1,12,500 plus 30 per cent of the amount by which the total income exceeds rs10,00,000 (ii) in the case of every individual, being a resident in india, who is of the age of sixty years or more but less than eighty years at any time during the previous year,— rates of income-tax nil; (1) where the total income does not exceed rs 3,00,000 5 per cent of the amount by which the total income exceeds rs3,00,000; (2) where the total income exceeds rs 3,00,000 but does not exceed rs 5,00,000 rs 10,000 plus 20 per cent of the amount by which the total income exceeds rs 5,00,000; (3) where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000 (4) where the total income exceeds rs 10,00,000 rs 1,10,000 plus 30 per cent of the amount by which the total income exceeds rs 10,00,000 (iii) in the case of every individual, being a resident in india, who is of the age of eighty years or more at any time during the previous year,— rates of income-tax nil; where the total income does not exceed rs 5,00,000 20 per cent of the amount by which the total income exceeds rs 5,00,000; where the total income exceeds rs 5,00,000 but does not exceed rs 10,00,000 where the total income exceeds rs10,00,000 rs 1,00,000 plus 30 per cent of the amount by which the total income exceeds rs 10,00,000; surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a of the income-tax act or the provisions of section 115bac of the income-tax act, shall be increased by a surcharge for the purposes of the union, calculated, 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,— (a) having a total income (including the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act) exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of ten per cent of such income-tax; and (b) having a total income (including the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act) exceeding one crore rupees but not exceeding two crore rupees, at the rate of fifteen per cent of such income-tax; (c) having a total income (excluding the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act) exceeding two crore rupees but not exceeding five crore rupees, at the rate of twenty-five per cent of such income-tax; and (d) having a total income (excluding the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act)exceeding five crore rupees, at the rate of thirty-seven per cent of such income-tax; (e) having a total income (including the income by way of dividend or income under the provisions of section 111a and section 112a of the income-tax act) exceeding two crore rupees, but is not covered under clauses (c) and (d), shall be applicable at the rate of fifteen per cent of such income-tax: provided that in case where the total income includes any income by way of dividend or income chargeable under section 111a and section 112a of the income-tax act, the rate of surcharge on the amount of income-tax computed in respect of that part of income shall not exceed fifteen per cent: provided further that in the case of persons mentioned above having total income exceeding,— 10 per cent of the total income; (a) fifty lakh rupees but not exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees; (b) one crore rupees but does not exceed two crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees; (c) two crore rupees but does not exceed five crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of two crore rupees by more than the amount of income that exceeds two crore rupees; (d) five crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of five crore rupees by more than the amount of income that exceeds five crore rupees; paragraph b in the case of every co-operative society,— rates of income-tax (1) where the total income does not exceed rs10,000 (2)where the total income exceeds rs10,000 but does not exceed rs 20,000 rs 1,000 plus 20 per cent of the amount by which the total income exceeds rs 10,000; (3) where the total income exceeds rs 20,000 rs 3,000 plus 30 per cent of the amount by which the total income exceeds rs 20,000 surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a of the income-tax act, shall, in the case of every co-operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax: provided that in the case of every co-operative society mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees paragraph c in the case of every firm,— rate of income-tax on the whole of the total income 30 per cent surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a of the income-tax act, shall, in the case of every firm, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax: provided that in the case of every firm mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees paragraph d in the case of every local authority,— rate of income-tax on the whole of the total income 30 per cent; surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a of the income-tax act, shall, in the case of every local authority, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the union calculated at the rate of twelve per cent of such income-tax: provided that in the case of every local authority mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees paragraph e in the case of a company,— rates of income-tax i in the case of a domestic company,— (i) where its total turnover or the gross receipt in the previous year 2019-2020 does not exceed four hundred crore rupees; 25 per cent of the total income; 30 per cent of the total income (ii) other than that referred to in item (i) ii in the case of a company other than a domestic company,— (i) on so much of the total income as consists of,— 50 per cent; (a) royalties received from government or an indian concern in pursuance of an agreement made by it with the government or the indian concern after the 31st day of march, 1961 but before the 1st day of april, 1976; or (b) fees for rendering technical services received from government or an indian concern 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 the central government 50 per cent; (ii) on the balance, if any, of the total income 40 per cent surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a of the income-tax act, shall, be increased by a surcharge for the purposes of the union, calculated,–– (i) in the case of every domestic company,–– (a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of seven per cent of such income-tax; and (b) having a total income exceeding ten crore rupees, at the rate of twelve per cent of such income-tax; (ii) in the case of every company other than a domestic company,–– (a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of two per cent of such income-tax; and (b) having a total income exceeding ten crore rupees, at the rate of five per cent of such income-tax: provided that in the case of every company having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees: provided further that in the case of every company having a total income exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees part iv [see section 2(13)(c)] rules for computation of net agricultural incomerule 1—agricultural income of the nature referred to in subclause (a) of clause (1a) 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" and the provisions of sections 57 to 59 of that act shall, so far as may be, apply accordingly: provided that sub-section (2) of section 58 shall apply subject to the modification that the reference to section 40a therein shall be construed as not including a reference to sub-sections (3), (3a) and (4) of section 40a rule 2—agricultural income of the nature referred to in subclause (b) or sub-clause (c) of clause (1a) of section 2 of the incometax act [other than income derived from any building required as a dwelling-house by the receiver of the rent or revenue of 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), (3a) and (4) thereof], 41, 43, 43a, 43b and 43c of the income-tax act shall, so far as may be, apply accordingly rule 3—agricultural income of the nature referred to in subclause (c) of clause (1a) of section 2 of the income-tax 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 rentin-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 rule 4—notwithstanding anything contained in any other provisions of these rules, in a case— (a) 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, 1962, and sixty per cent of such income shall be regarded as the agricultural income of the assessee; (b) where the assessee derives income from sale of centrifuged latex or cenex or latex based crepes (such as pale latex crepe) or brown crepes (such as estate brown crepe, re-milled crepe, smoked blanket crepe or flat bark crepe) or technically specified block rubbers manufactured or processed by him from rubber plants grown by him in india, such income shall be computed in accordance with rule 7a of the income-tax rules, 1962, and sixtyfive per cent of such income shall be regarded as the agricultural income of the assessee; (c) where the assessee derives income from sale of coffee grown and manufactured by him in india, such income shall be computed in accordance with rule 7b of the income-tax rules, 1962, and sixty per cent or seventy-five per cent, as the case may be, of such income shall be regarded as the agricultural income of the assessee rule 5—where the assessee is a member of an association of persons or a body of individuals (other than a hindu undivided family, a company or a firm) 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 association of persons or a body of individuals (other than a hindu undivided family, a company or a firm) but has any agricultural income then, 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 computed shall be regarded as the agricultural income or loss of the assessee rule 6—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 member of an association of persons or a body of individuals and the share of the assessee in the agricultural income of the 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 income rule 7—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 income rule 8—(1) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of april, 2021, 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, 2013 or the 1st day of april, 2014 or the 1st day of april, 2015 or the 1st day of april, 2016 or the 1st day of april, 2017 or the 1st day of april, 2018 or the 1st day of april, 2019, or the 1st day of april, 2020, is a loss, then, for the purposes of sub-section (2) 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, 2013, 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, 2014 or the 1st day of april, 2015 or the 1st day of april, 2016 or the 1st day of april, 2017 or the 1st day of april, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020, (ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2014, 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, 2015 or the 1st day of april, 2016 or the 1st day of april, 2017 or the 1st day of april, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020, (iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2015, 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, 2016 or the 1st day of april, 2017 or the 1st day of april, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020, (iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2016, 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, 2017 or the 1st day of april, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020, (v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2017, 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, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020, (vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2018, 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, 2019 or the 1st day of april, 2020, (vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2019, 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, 2020, (viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2020, shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of april, 2021 (2) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of april, 2022, 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 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, 2014 or the 1st day of april, 2015 or the 1st day of april, 2016 or the 1st day of april, 2017 or the 1st day of april, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020 or the 1st day of april, 2021, is a loss, then, for the purposes of sub-section (10) 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, 2014, 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, 2015 or the 1st day of april, 2016 or the 1st day of april, 2017 or the 1st day of april, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020 or the 1st day of april, 2021, (ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2015, 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, 2016 or the 1st day of april, 2017 or the 1st day of april, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020 or the 1st day of april, 2021, (iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2016, 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, 2017 or the 1st day of april, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020 or the 1st day of april, 2021, (iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2017, 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, 2018 or the 1st day of april, 2019 or the 1st day of april, 2020 or the 1st day of april, 2021, (v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2018, 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, 2019 or the 1st day of april, 2020 or the 1st day of april, 2021, (vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2019, 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 or the 1st day of april, 2020 or the 1st day of april, 2021, (vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2020, 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, 2021, (viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 2021, shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of april, 2022 (3) where 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) (4) notwithstanding anything contained in this rule, no loss which has not been determined by the assessing officer under the provisions of these rules or the rules contained in the first schedule to the finance act, 2013 (17 of 2013) or the first schedule to the finance (no 2) act, 2014 (25 of 2014) or the first schedule to the finance act, 2015 (20 of 2015) or the first schedule to the finance act, 2016 (28 of 2016) or the first schedule to the finance act, 2017 (7 of 2017) or the first schedule to the finance act, 2018 ( 13 of 2018) or the first schedule of the finance (no 2) act, 2019 (23 of 2019) or the first schedule of the finance act, 2020 (12 of 2020) shall be set off under sub-rule (1) or, as the case may be, sub-rule (2) rule 9—where the net result of the computation made in accordance with these rules is a loss, the loss so computed shall be ignored and the net agricultural income shall be deemed to be nil rule 10—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 rule 11—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 the second schedule[see section 95 (i)] in the first schedule to the customs tariff act,  (1) in chapter 28, for the entry in column (4) occurring against tariff item 2803 00 10, the entry "75%" shall be substituted; (2) in chapter 39, for the entry in column (4) occurring against all tariff items of heading 3925, the entry "15%" shall be substituted; (3) in chapter 70, for the entry in column (4) occurring against all the tariff items of heading 7007, the entry "15%" shall be substituted; (4) in chapter 71, for the entry in column (4) occurring against tariff item 7104 90 90, the entry "15%" shall be substituted; (5) in chapter 84,–– (i) for the entry in column (4) occurring against tariff item 8414 30 00, the entry "15%" shall be substituted; (ii) for the entry in column (4) occurring against all the tariff items of sub-heading 8414 40, the entry "15%" shall be substituted; (iii) for the entry in column (4) occurring against all the tariff items of sub-heading 8414 80, the entry "15%" shall be substituted; (6) in chapter 85,–– (i) for the entry in column (4) occurring against all the tariff items of sub-heading 8501 10, the entry "15%" shall be substituted; (ii) for the entry in column (4) occurring against tariff item 8501 20 00, the entry "15%" shall be substituted; (iii) for the entry in column (4) occurring against all the tariff items of sub-headings 8501 31, 8501 32, 8501 33, 8501 34, 8501 40, 8501 51, 8501 52 and 8501 53, the entry "15%" shall be substituted; (iv) for the entry in column (4) occurring against tariff item 8504 90 90, the entry "15%" shall be substituted; (v) for the entry in column (4) occurring against tariff items 8512 90 00, 8536 41 00 and 8536 49 00, the entry "15%" shall be substituted; (vi) for the entry in column (4) occurring against all the tariff items of heading 8537, the entry "15%" shall be substituted; (vii) for the entry in column (4) occurring against tariff item 8544 30 00, the entry "15%" shall be substituted; (7) in chapter 90,–– (i) for the entry in column (4) occurring against tariff item 9031 80 00, the entry "15%" shall be substituted; (ii) for the entry in column (4) occurring against all the tariff items of sub heading 9032 89, the entry "15%" shall be substituted; (8) in chapter 91, for the entry in column (4) occurring against tariff item 9104 00 00, the entry "15%" shall be substituted the third schedule [see section 95 (ii)]in the first schedule to the customs tariff act, in chapter 27, for heading 2709, tariff items 2709 10 00 and 2709 20 00 and the entries relating thereto, the following shall be substituted with effect from the 1st day of april, 2021, namely:– tariff item description of goods unit rate of duty standard preferential (1) (2) (3) (4) (5) "2709 petroleum oils and oils obtained from bituminous minerals, crude 2709 00 -- petroleum oils and oils obtained from bituminous minerals, crude 2709 00 10 --- petroleum crude kg 5% - 2709 00 90 --- other kg 5% -" the fourth schedule[see section 95 (iii)] in the first schedule to the customs tariff act,  tariff item description of goods unit rate of duty standard preferential (1) (2) (3) (4) (5) (1) in chapter 2, in the note— (i) after clause (a), the following clause shall be inserted, namely :— "(b) edible, non-living insects (heading 0410);"; (ii) the existing clauses (b) and (c) shall respectively be re-lettered as clauses (c) and (d); (2) in chapter 3, - (i) after note 2, the following note shall be inserted, namely :— "3 headings 0305 to 0308 do not cover flours, meals and pellets, fit for human consumption (heading 0309)"; (ii) in heading 0302, for the entry in column (2), - (a) occurring after tariff item 0302 29 00 and the entries relating thereto, the following entry shall be substituted, namely :— " - tunas (of the genus thunnus), skipjack tuna (stripe-bellied bonito) (katsuwonus pelamis), excluding edible fish offal of sub-headings 0302 91 to 0302 99 :"; (b) occurring against tariff item 0302 33 00, the following entry shall be substituted, namely :— "- - skipjack tuna (stripe-bellied bonito) (katsuwonus pelamis)"; (c) occurring against tariff item 0302 55 00, the following entry shall be substituted, namely :— "- - alaska pollock (theragra chalcogramma)"; (iii) in heading 0303, for the entry in column (2), - (a) occurring after tariff item 0303 39 00 and the entries relating thereto, the following entry shall be substituted, namely :— " - tunas (of the genus thunnus), skipjack tuna (stripe-bellied bonito) (katsuwonus pelamis), excluding edible fish offal of sub-headings 0303 91 to 0303 99 :"; (b) occurring against tariff item 0303 43 00, the following entry shall be substituted, namely :— "- - skipjack tuna (stripe-bellied bonito) (katsuwonus pelamis)"; (c) occurring against tariff item 0303 67 00, the following entry shall be substituted, namely :— "- - alaska pollock (theragra chalcogramma)"; (iv) in heading 0304, for the entry in column (2),— (a) occurring against tariff item 0304 75 00, the following entry shall be substituted, namely :— "- - alaska pollock (theragra chalcogramma)"; (b) occurring against tariff item 0304 87 00, the following entry shall be substituted, namely :— "- - tunas (of the genus thunnus), skipjack tuna (stripe-bellied bonito) (katsuwonus pelamis)"; (c) occurring against tariff item 0304 94 00, the following entry shall be substituted, namely :— "- - alaska pollock (theragra chalcogramma)"; (d) occurring against tariff item 0304 95 00, the following entry shall be substituted, namely :— "- - fish of the families (bregmacerotidae, euclichthyidae, gadidae, macrouridae, melanonidae, merlucciidae, moridae and muraenolepididae,) other than alaska pollock (theragra chalcogramma)"; (v) in heading 0305, - (a) for the entry in column (2) occurring against the heading 0305, the following entry shall be substituted, namely :— "fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process"; (b) tariff item 0305 10 00 and the entries relating thereto shall be omitted; (vi) in heading 0306, for the entry in column (2),— (a) occurring against the heading 0306, the following entry shall be substituted, namely :— "crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine"; (b) occurring against tariff item 0306 19 00, the following entry shall be substituted, namely :— "- - other"; (c) occurring against tariff item 0306 39 00, the following entry shall be substituted, namely :— "- - other"; (d) occurring against tariff item 0306 99 00, the following entry shall be substituted, namely :— "- - other"; (vii) in heading 0307, for the entry in column (2), - (a) occurring against the heading 0307, the following entry shall be substituted, namely :— "molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process"; (b) occurring after tariff item 0307 19 00 and the entries relating thereto, the following entry shall be substituted, namely :— "- scallops and other molluscs of the family pectinidae :"; (c) occurring after tariff item 0307 88 00 and the entries relating thereto, the following entry shall be substituted, namely :— "- other"; (viii) in the heading 0308, for the entry in column (2) occurring against the heading 0308, the following entry shall be substituted, namely :— "aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process"; (ix) after tariff item 0308 90 00 and the entries relating thereto, the following shall be inserted, namely :— | | | | "0309 | flours, meals and pellets of fish, ||---------------------------------|-------------------------------------------|--------------------------------------------|------------|---------------------------------------|| crustaceans, molluscs and other | | | | || aquatic | invertebrates, | fit | for | || human consumption | | | | || 0309 10 | - | of fish: | | || 0309 10 10 | - - - fresh or chilled | kg | 30% | - || 0309 10 20 | - - - frozen | kg | 30% | - || 0309 10 30 | - - - salted, in brine, dried or smoked | kg | 30% | - || 0309 10 90 | - - - other | kg | 30% | - || 0309 90 | - | other: | | || | - - - | of crustaceans, fresh or chilled: | | || 0309 90 11 | - - - - vannamei shrimp ( | litopenaeus vannamei | ) | kg || 0309 90 12 | - - - - indian white shrimp ( | fenneropenaeus | | || indicus | ) | | | || kg | 30% | - | | || 0309 90 13 | - - - - black tiger shrimp ( | penaeus monodon | ) | kg || 0309 90 14 | - - - - flower shrimp ( | penaeus semisulcatus | ) | kg || 0309 90 19 | - - - - other | kg | 30% | - || | - - - | of crustaceans, frozen: | | || 0309 90 21 | - - - - vannamei shrimp ( | litopenaeus vannamei | ) | kg || kg | 30% | - | 0309 90 22 | - - - - indian white shrimp ( || indicus | ) | | | || 0309 90 23 | - - - - black tiger shrimp ( | penaeus monodon | ) | kg || 0309 90 24 | - - - - flower shrimp ( | penaeus semisulcatus | ) | kg || 0309 90 29 | - - - - other | kg | 30% | - || | - - - | of crustaceans, salted, in brine, dried or | | || smoked: | | | | || | | | | || 0309 90 31 | - - - - vannamei shrimp ( | litopenaeus vannamei | ) | kg || 0309 90 32 | - - - - indian white shrimp ( | fenneropenaeus | | || indicus | ) | | | || kg | 30% | - | | || 0309 90 33 | - - - - black tiger shrimp ( | penaeus monodon | ) | kg || 0309 90 34 | - - - - flower shrimp ( | penaeus semisulcatus | ) | kg || 0309 90 39 | - - - - other | kg | 30% | - || 0309 90 40 | - - - of crustaceans, other | kg | 30% | - || 0309 90 50 | - - - of molluscs, fresh or chilled | kg | 30% | - || 0309 90 60 | - - - of molluscs, frozen | kg | 30% | - || 0309 90 70 | - - - of molluscs | , | salted, in brine, dried or ||---------------|---------------------------|------|-------------------------------|| smoked | | | || kg | 30% | - | || 0309 90 80 | - - - of molluscs, other | kg | 30% || 0309 90 90 | - - - other | kg | 30% || | | | |(3) in chapter 4, - (i) after note 1, the following note shall be inserted, namely :— "2 for the purposes of heading 0403, yogurt may be concentrated or flavoured and may contain added sugar or other sweetening matter, fruit, nuts, cocoa, chocolate, spices, coffee or coffee extracts, plants, parts of plants, cereals or bakers' wares, provided that any added substance is not used for the purpose of replacing, in whole or in part, any milk constituent, and the product retains the essential character of yogurt"; (ii) the existing notes 2 and 3 shall respectively be re-numbered as notes 3 and 4; (iii) for existing note 4, the following notes shall be substituted, namely:–– "5 this chapter does not cover: (a) non-living insects, unfit for human consumption (heading 0511); (b) products obtained from whey, containing by weight more than 95 % lactose, expressed as anhydrous lactose, calculated on the dry matter (heading 1702); (c) products obtained from milk by replacing one or more of its natural constituents (for example, butyric fats) by another substance (for example, oleic fats) (heading 1901 or 2106); or (d) albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter) (heading 3502) or globulins (heading 3504) 6 for the purposes of heading 0410, the term "insects" means edible non-living insects, whole or in parts, fresh, chilled, frozen, dried, smoked, salted or in brine, as well as flours and meals of insects, fit for human consumption however, it does not cover edible non-living insects otherwise prepared or preserved (generally section iv)"; (iv) in heading 0403, - (a) for the entry in column (2) occurring against the heading 0403, the following entry shall be substituted, namely :— "yogurt; buttermilk, curdled milk and cream, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa "; (b) for tariff item 0403 10 00 and the entries relating thereto, the following shall be substituted, namely :— | "0403 20 00 | - yogurt | kg | 30% | -"; ||----------------|--------------|--------|--------|--------| (v) for heading 0410, sub-heading 0410 00, tariff items 0410 00 10 to 0410 00 90 and the entries relating thereto, the following shall be substituted, namely:–– | "0410 | insects | and | other | edible ||-----------------------------------------|-----------------------------------------|--------|----------|------------|| products of animal origin, not | | | | || elsewhere | specified | or | | || included | | | | || 0410 10 | | | | || | | | | || - | insects: | | | || | | | | || | | | | || 0410 10 10 | - - - fresh, chilled or frozen | kg | 30% | - || 0410 10 20 | - - - salted, in brine, dried or smoked | kg | 30% | - || 0410 10 90 | - - - other | kg | 30% | - || 0410 90 | | | | || | | | | || - | other: | | | || | | | | || | | | | || - - - of wild animals | kg | 30% | - | 0410 90 10 || | | | | || - - - turtle eggs and salanganes' nests | kg | 30% | - | 0410 90 20 || | ("birds' nests") | | | || | | | | || 0410 90 90 | - - - other | kg | 30% | -"; || | | | | | (4) in chapter 7, - (i) after note 4, the following note shall be inserted, namely :— "5 heading 0711 applies to vegetables which have been treated solely to ensure their provisional preservation during transport or storage prior to use (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), provided they remain unsuitable for immediate consumption in that state"; (ii) in heading 0704, for the entry in column (2) occurring against tariff item 0704 10 00, the following entry shall be substituted, namely :— "- cauliflowers and broccoli"; (iii) in heading 0709, after tariff item 0709 51 00 and the entries relating thereto, the following shall be inserted, namely:–– "0709 52 00 - - mushrooms of the genus boletus kg 30% 20% | 0709 53 00 | - - mushrooms of the genus | cantharellus | | kg | 30% | 20% ||---------------|-------------------------------|----------------|-----|--------|--------|--------|| | | | | kg | 30% | 20% ||------------------------------------|-----------------|-----------------------|----|--------|--------|--------|| 0709 54 00 | - - shiitake ( | lentinus edodes | ) | kg | 30% | 20% || 0709 55 00 | - - matsutake ( | tricholoma matsutake, | | | | || tricholoma magnivelare, tricholoma | | | | | | || anatolicum, tricholoma dulciolens, | | | | | | || tricholoma caligatum | ) | | | | | || 0709 56 00 | - - truffles ( | tuber spp | ) | kg | 30% | 20%"; || | | | | | | |(iv) in heading 0711, for the entry in column (2) occurring against the heading 0711, the following entry shall be substituted, namely:— "vegetables provisionally preserved, but unsuitable in that state for immediate consumption"; (v) in heading 0712, after tariff item 0712 33 00 and the entries relating thereto, the following shall be inserted, namely:–– | "0712 34 00 | - - shiitake ( | lentinus edodes | ) | kg | 30% | 20%"; ||----------------|------------------|-------------------|------|--------|--------|----------| (5) in chapter 8, —(i) after note 3, the following note shall be inserted, namely :— "4 heading 0812 applies to fruit and nuts which have been treated solely to ensure their provisional preservation during transport or storage prior to use (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), provided they remain unsuitable for immediate consumption in that state"; (ii) in heading 0802, for tariff item 0802 90 00 and the entries relating thereto, the following shall be substituted, namely:–– "- other: | 0802 91 00 | - - pine nuts, in shell ||---------------|----------------------------|| | || kg | 100% || 0802 92 00 | - - pine nuts, shelled || | || kg | 100% || 0802 99 00 | - - other || | |(iii) in heading 0805, for the entry in column (2) occurring against tariff item 0805 40 00, the following entry shall be substituted, namely:— "- grapefruit and pomelos"; (iv) in heading 0812, for the entry in column (2) occurring against the heading 0812, the following entry shall be substituted, namely:— "fruit and nuts provisionally preserved, but unsuitable in that state for immediate consumption"; (6) in chapter 10, in note 1, for clause (b), the following clause shall be substituted, namely :— "(b) this chapter does not cover grains which have been hulled or otherwise worked however, rice, husked, milled, polished, glazed, parboiled or broken remains classified in heading 1006 similarly, quinoa from which the pericarp has been wholly or partly removed in order to separate the saponin, but which has not undergone any other processes, remains classified in heading 1008"; (7) in chapter 12, in heading 1211, after tariff item 1211 50 00 and the entries relating thereto, the following shall be inserted, namely :— "1211 60 00 - bark of african cherry (prunus africana) kg 30% -"; (8) in section iii, for the section heading, the following section heading shall be substituted, namely:— "animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes"; (9) in chapter 15, - (i) for the chapter heading, the following chapter heading shall be substituted, namely:— "animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes"; (ii) for sub-heading note, the following sub-heading notes shall be substituted, namely:— "sub-heading notes: 1 for the purposes of sub-heading 1509 30, virgin olive oil has a free acidity expressed as oleic acid not exceeding 20 g/ 100 g and can be distinguished from the other virgin olive oil categories according to the characteristics indicated in the codex alimentarius standard 33-1981 2 for the purposes of sub-headings 1514 11 and 1514 19, the expression "low erucic acid rape or colza oil" means the fixed oil which has an erucic acid content of less than 2% by weight"; (iii) in heading 1509, for the tariff item 1509 10 00 and the entries relating thereto, the following shall be substituted, namely:–– | "1509 20 00 | - extra virgin olive oil | kg | 45% | 35% ||----------------|-----------------------------|--------|--------|--------|| 1509 30 00 | - virgin olive oil | kg | 45% | 35% || 1509 40 00 | - other virgin olive oils | kg | 45% | 35%"; || | | | | |(iv) for heading 1510, sub-heading 1510 00, tariff items 1510 00 10 to 1510 00 99 and the entries relating thereto, the following shall be substituted, namely:–– | | | | "1510 | other oils and their fractions, ||---------------------------------|--------------------------|--------|------------|------------------------------------|| obtained solely from olives, | | | | || whether or not refined, but not | | | | || chemically modified, including | | | | || blends | of | these | oils | or || fractions | with | oils | or | || fractions of heading 1509 | | | | || | | | | || | | | | || 1510 10 00 | - crude olive pomace oil | | | || | | | | || kg | 45% | 35% | | || 1510 90 | - | other: | | || kg | 45% | 35% | 1510 90 10 | - - - refined olive pomace oil || | | | | || 1510 90 90 | - - - other | kg | 45% | 35%"; | (v) in heading 1515, –– (a) in the entry in column (2) occurring against the heading 1515, for the words "vegetable fats" the words "vegetable or microbial fats" shall be substituted; (b) after tariff item 1515 50 99 and the entries relating thereto, the following shall be inserted, namely:–– | kg ||-----------|| fractions | (vi) in heading 1516, –– (a) in the entry in column (2) occurring against the heading 1516, for the words " or vegetable fats" the words ", vegetable or microbial fats" shall be substituted; (b) after tariff item 1516 20 99 and the entries relating thereto, the following shall be inserted, namely:–– "1516 30 00 - microbial fats and oils and their fractions kg 30% -"; (vii) in heading 1517, for the entry in column (2) occurring against the heading 1517, the following entry shall be substituted, namely:— "margarine; edible mixtures or preparations of animal, vegetable or microbial fats or oils or of fractions of different fats or oils of this chapter, other than edible fats and oils or their fractions of heading 1516"; (viii) in heading 1518, - (a) for the entry in column (2) occurring against the heading 1518, the following entry shall be substituted, namely:— "animal, vegetable or microbial fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516; inedible mixtures or preparations of animal, vegetable or microbial fats or oils or of fractions of different fats or oils of this chapter, not elsewhere specified or included"; (b) sub-heading 1518 00 and the entries relating thereto shall be omitted; (10) in section iv, for the section heading, the following section heading shall be substituted, namely:— "prepared foodstuffs; beverages, spirits and vinegar; tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body"; (11) in chapter 16, - (i) for the chapter heading, the following chapter heading shall be substituted, namely:— "preparations of meat, of fish, crustaceans, molluscs or other aquatic invertebrates, or of insects"; (ii) for note 1, the following note shall be substituted, namely:— "1 this chapter does not cover meat, meat offal, fish, crustaceans, molluscs or other aquatic invertebrates, as well as insects, prepared or preserved by the processes specified in chapter 2 or 3, note 6 to chapter 4 or in heading 0504"; (iii) in note 2, for the words "blood, fish", the words "blood, insects, fish" shall be substituted; (iv) in sub-heading note 1,– (a) for the words "preparations of meat, meat offal or blood", the words "preparations of meat, meat offal, blood or insects" shall be substituted; (b) for the words "visible pieces of meat or meat offal", the words "visible pieces of meat or meat offal or insects" shall be substituted; (v) for the entry in column (2) occurring against tariff item 1601 00 00, the following entry shall be substituted, namely:— "sausages and similar products, of meat, meat offal, blood or insects; food preparations based on these products"; (vi) in heading 1602, for the entry in column (2) occurring against the heading 1602, the following entry shall be substituted, namely:— "other prepared or preserved meat, meat offal, blood or insects"; (vii) in heading 1604, for the entry in column (2) occurring against sub-heading 1604 14, the following entry shall be substituted, namely:— "- - tunas, skipjack tuna and bonito (sarda spp):"; (12) in chapter 18, for note 1, the following note shall be substituted, namely:— "1 this chapter does not cover: (a) food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, insects, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (chapter 16); (b) preparations of headings 0403, 1901, 1902, 1904, 1905, 2105, 2202, 2208, 3003 or 3004"; (13) in chapter 19, in note 1, in clause (a), for the words "blood, fish", the words "blood, insects, fish" shall be substituted; (14) in chapter 20, - (i) in note 1, - (a) for clause (b), the following clauses shall be substituted, namely:— "(b) vegetable fats and oils (chapter 15); (c) food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, insects, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (chapter 16);"; (b) the existing clauses (c) and (d) shall respectively be re-lettered as clauses (d) and (e); (ii) in heading 2008, for the entry in column (2) occurring against tariff item 2008 93 00, the following entry shall be substituted, namely:— "- - cranberries (vaccinium macrocarpon, vaccinium oxycoccos); lingonberries (vaccinium vitis-idaea)"; (iii) in heading 2009, for the entry in column (2), - (a) occurring against the heading 2009, the following entry shall be substituted, namely:— "fruit or nut juices (including grape must and coconut water) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter"; (b) occurring after tariff item 2009 19 00 and the entries relating thereto, the following entry shall be substituted, namely:— "- grapefruit juice; pomelo juice :"; (c) occurring after tariff item 2009 79 00 and the entries relating thereto, the following entry shall be substituted, namely:— "- juice of any other single fruit, nut or vegetable :"; (d) occurring against tariff item 2009 81 00, the following entry shall be substituted, namely:— "- - cranberry (vaccinium macrocarpon, vaccinium oxycoccos) juice; lingonberry (vaccinium vitis-idaea) juice"; (15) in chapter 21, in note 1, - (a) after clause (e), the following clause shall be inserted, namely:— "(f) products of heading 2404;"; (b) the existing clauses (f) and (g) shall respectively be re-lettered as clauses (g) and (h); (16) in chapter 22, in heading 2202, in the entry in column (2) occurring against the heading 2202, for the words "including fruit or", the words "including fruit, nut or" shall be substituted; (17) in chapter 23, in heading 2306, in the entry in column (2) occurring against the heading 2306, for the words "vegetable fats", the words "vegetable or microbial fats" shall be substituted; (18) in chapter 24, - (i) for the chapter heading, the following chapter heading shall be substituted, namely:— "tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body"; (ii) for the note, the following notes shall be substituted, namely:— "notes: 1 this chapter does not cover medicinal cigarettes (chapter 30); 2 any products classifiable in heading 2404 and any other heading of the chapter are to be classified in heading 2404 3 for the purposes of heading 2404, the expression "inhalation without combustion" means inhalation through heated delivery or other means, without combustion"; (iii) after tariff item 2403 99 90 and the entries relating thereto, the following shall be inserted, namely :— | "2404 | products | containing | tobacco, ||-------------------------------------------------|-------------|---------------|-------------|| reconstituted tobacco, nicotine, | | | || or | tobacco | or | nicotine || substitutes, | intended | for | || inhalation without combustion; | | | || other | nicotine | containing | || products intended for the intake | | | || of nicotine into the human body | | | || | | | || | | | || | | | || combustion: | | | || | | | || 2404 11 00 | | | || | | | || - - containing tobacco or reconstituted tobacco | kg | 30% | - || 2404 12 00 | - - other, containing nicotine | kg | 30% | - ||---------------|-----------------------------------|--------|--------|------|| 2404 19 00 | - - other | kg | 30% | - || | - | other: | | || 2404 91 00 | - - for oral application | kg | 30% | - || 2404 92 00 | - - for transdermal application | kg | 30% | - || 2404 99 00 | - - other | kg | 30% | -"; | (19) in chapter 25, - (i) in note 2, after clause (d), the following clause shall be inserted, namely :— "(e) dolomite ramming mix (heading 3816);"; (ii) the existing clauses (e), (f), (g), (h) and (ij) shall respectively be re-lettered as clauses (f), (g), (h), (ij) and (k); (iii) in heading 2518, - (a) in the entry in column (2) occurring against the heading 2518, the words "dolomite ramming mix" shall be omitted; (b) tariff item 2518 30 00 and the entries relating thereto shall be omitted; (20) in chapter 27, in sub-heading note 5, for the words "animal or vegetable fats", the words "animal, vegetable or microbial fats" shall be substituted; (21) in section vi, after note 3, the following note shall be inserted, namely:— "4 where a product answers to a description in one or more of the headings in section vi by virtue of being described by name or function and also to heading 3827, then it is classifiable in a heading that references the product by name or function and not under heading 3827"; (22) in chapter 28, - (i) in heading 2844, for the tariff item 2844 40 00 and the entries relating thereto, the following shall be substituted, namely:–– "- radioactive elements and isotopes and compounds other than those of subheading 2844 10, 2844 20 or 2844 30; alloys, dispersions (including cermets), ceramic products and mixtures containing these elements, isotopes or compounds; radioactive residues: 2844 41 00 - - tritium and its compounds; alloys, | kg ||-------------------------------------|| dispersions (including cermets), || ceramic products and mixtures || containing tritium or its compounds || kg | 10% | - ||-------------------------------------|------------------------------------|------|| 2844 42 00 | - - actinium-225, actinium-227, | || californium-253, curium-240, | | || curium-241, curium-242, curium- | | || 243, curium-244, einsteinium-253, | | || einsteinium-254, gadolinium-148, | | || polonium-208, polonium-209, | | || polonium-210, radium-223, uranium- | | || 230 or uranium-232, and their | | || compounds; alloys, dispersions | | || (including cermets), ceramic | | || products and mixtures containing | | || these elements or compounds | | || kg | 10% | - || 2844 43 00 | - - other radioactive elements and | || isotopes and compounds; other | | || alloys, dispersions (including | | || cermets), ceramic products and | | || mixtures containing these elements, | | || isotopes or compounds | | || 2844 44 00 | - - radioactive residues | kg || | | |(ii) in heading 2845, after tariff item 2845 10 00 and the entries relating thereto, the following shall be inserted, namely:–– | kg | 10% | - ||-----------------------|-----------------------------------------|------|| "2845 20 00 | - boron enriched in boron-10 and its | || compounds | | || | | || 2845 30 00 | - lithium enriched in lithium-6 and its | || compounds | | || kg | 10% | - || 2845 40 00 | - helium-3 | kg || | | || (23) in chapter 29, - | | |(i) in note 1, in clause (g), after the words "odoriferous substance", the words "or an emetic" shall be inserted; (ii) in note 4, for the portion beginning with the words "for the purposes" and ending with the words and figures "heading 2905 to 2920", the following shall be substituted, namely :— 'for the purposes of headings 2911, 2912, 2914, 2918 and 2922, "oxygen function", the characteristic organic oxygen-containing group of those respective headings, is restricted to the oxygen-functions referred to in headings 2905 to 2920'; (iii) in heading 2903, for tariff items 2903 29 00 to 2903 31 00, sub-heading 2903 39, tariff items 2903 39 11 to 2903 76 30, the following shall be substituted, namely :— | "2903 29 00 - - other | kg | 10% | - ||--------------------------|--------|--------|------|| | | ||-------------------------------------|-----------------------------------------|----------------------------------------|| | - saturated fluorinated derivatives of | || acyclic hydrocarbons : | | || | | || 2903 41 00 | - - trifluoromethane (hfc-23) | || | | || kg | 10% | - || 2903 42 00 | - - difluoromethane (hfc-32) | kg || 2903 43 00 | - - fluoromethane (hfc-41), 1,2- | kg || difluoroethane (hfc-152) and 1,1- | | || difluoroethane (hfc-152a) | | || | | || kg | 10% | - || 2903 44 00 | - - pentafluoroethane (hfc-125), 1,1,1- | || trifluoroethane (hfc-143a) and | | || 1,1,2-trifluoroethane (hfc-143) | | || | | || kg | 10% | - || 134a) and 1,1,2,2-tetrafluoroethane | | || (hfc-134) | | || 2903 46 00 | - - 1,1,1,2,3,3,3-heptafluoropropane | kg || (hfc-227ea), 1,1,1,2,2,3- | | || hexafluoropropane (hfc-236cb), | | || 1,1,1,2,3,3-hexafluoropropane (hfc- | | || 236ea) and 1,1,1,3,3,3- | | || hexafluoropropane (hfc-236fa) | | || | | || kg | 10% | - || 2903 47 00 | - - 1,1,1,3,3-pentafluoropropane (hfc- | || 245fa) and 1,1,2,2,3- | | || pentafluoropropane (hfc-245ca) | | || | | || 2903 48 00 | - - 1,1,1,3,3-pentafluorobutane (hfc- | kg || 365mfc) and 1,1,1,2,2,3,4,5,5,5- | | || decafluoropentane (hfc-43-10mee) | | || | | || | | || 2903 49 00 | - - other | kg || | - | unsaturated fluorinated derivatives || of acyclic hydrocarbons : | | || | | || 2903 51 | - - 2,3,3,3-tetrafluoropropene (hfo- | kg || 1234yf), 1,3,3,3-tetrafluoropropene | | || (hfo-1234ze) and (z)-1,1,1,4,4,4- | | || hexafluoro-2-butene (hfo-1336mzz) | | || | | || 2903 59 | - - | other : || | | || | | || kg | 10% | - || (trifluoromethyl)prop-1-ene | | || [perfluoroisobutene (pfib)] | | || 2903 59 90 | - - - other | kg || | | || | - | brominated or iodinated derivatives of || acyclic hydrocarbons | : | | 2903 61 00 - - methyl bromide (bromomethane) kg 10% - kg 10% - 2903 62 00 - - ethylene dibromide (iso) (1,2-dibromoethane) 2903 69 00 - - other kg 10% - - halogenated derivatives of acyclic hydrocarbons containing two or more different halogen: 2903 71 00 - - chlorodifluoromethane (hcfc-22) kg 10% - 2903 72 00 - - dichlorotrifluoroethanes (hcfc-123) kg 10% - 2903 73 00 - - dichlorofluoroethanes (hcfc-141, kg 10% - 141b) kg 10% - 2903 74 00 - - chlorodifluoroethanes (hcfc-142, 142b) kg 10% - 2903 75 00 - - dichloropentafluoropropanes (hcfc-225, 225ca, 225cb) 2903 76 - - bromochlorodifluoromethane (halon-1211), bromotrifluoromethane (halon-1301) and dibromotetrafluoroethanes (halon- 2402): 2903 76 10 - - - bromochlorodifluoromethane (halon-1211) kg 10% - 2903 76 20 - - - bromotrifluoromethane (halon-1301) kg 10% - 2903 76 30 - - - dibromotetrafluoroethanes (halon-2402) kg 10% -"; (iv) in heading 2909, in the entry in column (2) occurring against the heading 2909, for the words "ether peroxides", the words "ether peroxides, acetal and hemiacetal peroxides" shall be substituted; (v) in heading 2930, - (a) after the entry in column (2) occurring against the heading 2930, the following shall be inserted, namely :— "2930 10 00 - 2-(n,n-dimethylamino) ethanethiol kg 10% -"; (b) tariff item 2930 90 92 and the entries relating thereto shall be omitted; (c) tariff item 2930 90 94 and the entries relating thereto shall be omitted; (vi) for heading 2931, sub-heading 2931 10, tariff items 2931 10 10 to 2931 39 00, sub-heading 2931 90, tariff items 2931 90 10 and 2931 90 90 and the entries relating thereto, the following shall be substituted, namely:–– | | | ||-------------------------------------|-----------------------------------------|--------------------------------|| "2931 | other organo-inorganic | || compounds | | || | | || | | || | | || 2931 10 10 | - - - tetramethyl lead | kg || 2931 10 90 | - - - tetraethyl lead | kg || 2931 20 00 | - tributyltin compounds | || | | || kg | 10% | - || | | || derivatives: | | || | | || 2931 41 00 | - - dimethyl methylphosphonate | || | | || kg | 10% | - || 2931 42 00 | - - dimethyl propylphosphonate | kg || kg | 10% | - || | | || 2931 44 00 | - - methylphosphonic acid | || | | || kg | 10% | - || kg | 10% | - || 2931 45 00 | - - salt of methylphosphonic acid and | || (aminoiminomethyl)urea (1 : 1) | | || | | || 2931 46 00 | - - 2,4,6-tripropyl-1,3,5,2,4,6- | kg || trioxatriphosphinane 2,4,6-trioxide | | || | | || 2931 47 00 | - - (5-ethyl-2-methyl-2-oxido-1,3,2- | kg || dioxaphosphinan-5-yl) methyl methyl | | || methylphosphonate | | || | | || kg | 10% | - || 2931 48 00 | - - 3,9-dimethyl-2,4,8,10-tetraoxa-3,9- | || diphosphaspiro[55] undecane 3,9- | | || dioxide | | || | | || 2931 49 | - - | other: || 2931 49 10 | - - - sodium 3-(trihydroxysilyl)propyl | kg || methylphosphonate | | || kg | 10% | - || dioxaphosphinan-5-yl)methyl] | | || methylphosphonate | | || | | || 2931 49 90 | - - - other | kg || | - | halogenated organo-phosphorous || derivatives: | | || | | || 2931 51 00 | - - methylphosphonic dichloride | kg | 2931 52 00 - - propylphosphonic dichloride kg 10% - kg 10% - 2931 53 00 - - o-(3-chloropropyl) o-[4-nitro-3-(trifluoromethyl)phenyl] methylphosphonothionate kg 10% - 2931 54 00 - - trichlorfon (iso) 2931 59 00 - - other kg 10% - 2931 90 - other: - - - organo-arsenic compounds: 2931 90 11 - - - - methylarsonic acid and its salt kg 10% - 2931 90 12 - - - - cacodylic acid and its salt kg 10% - 2931 90 13 - - - - p-aminophenylarsonic acid and its kg 10% - salt 2931 90 14 - - - - amino-hydroxyphenylarsonic acids, kg 10% - their formyl and acetyl derivatives and their salts 2931 90 15 - - - - arsenobenzene and its derivatives kg 10% - 2931 90 19 - - - - other kg 10% - 2931 90 20 - - - organo-silicon compounds kg 10% - 2931 90 30 - - - o-iodosobenzoic acid kg 10% - 2931 90 90 - - - other kg 10% -"; (vii) in heading 2932, after tariff item 2932 95 00 and the entries relating thereto, the following shall be inserted, namely :— | "2932 96 00 | - - carbofuran (iso) | kg | 10% | -"; ||----------------|-------------------------|--------|--------|--------| (viii) in heading 2933, - (a) for tariff item 2933 33 00 and the entries relating thereto, the following shall be inserted, namely :— | | | ||-------------------------------------|-----|--------------------------------------|| "2933 33 | - - | alfentanil (inn), anileridine (inn), || bezitramide (inn), bromazepam | | || (inn), carfentanil (inn), difenoxin | | || (inn), diphenoxylate (inn), | | || dipipanone (inn), fentanyl (inn), | | || ketobemidone (inn), | | || methylphenidate (inn), pentazocine | | || (inn), pethidine (inn), pethidine | | || (inn) intermediate a, phencyclidine | | || (inn) (pcp), phenoperidine (inn), | | || pipradrol (inn), piritramide (inn), | | || propiram (inn), remifentanil (inn) | | || | | ||-------------------------------------|---------------------------------------------|--------------------------------------|| and trimeperidine (inn); salts | | || thereof: | | || | - - - | alfentanil (inn), anileridine (inn), || bezitramide (inn), bromazepam | | || (inn), carfentanil (inn), difenoxin | | || (inn), diphenoxylate (inn), | | || dipipanone (inn); salts thereof: | | || 2933 33 11 | - - - - alfentanil (inn) and its salt | kg || 2933 33 12 | - - - - anileridine (inn) and its salt | kg || 2933 33 13 | - - - - bezitramide (inn) and its salt | kg || 2933 33 14 | - - - - bromazepam (inn) and its salt | kg || 2933 33 15 | - - - - carfentanil (inn) and its salt | kg || 2933 33 16 | - - - - difenoxin (inn) and its salt | kg || 2933 33 17 | - - - - diphenoxylate (inn) and its salt | kg || 2933 33 18 | - - - - dipipanone (inn) and its salt | kg || | - - - | fentanyl (inn), ketobemidone || (inn), methylphenidate (inn), | | || pentazocine (inn), pethidine | | || (inn), pethidine (inn) | | || intermediate a, phencyclidine | | || (inn) (pcp), phenoperidine | | || (inn); salts thereof | | || 2933 33 21 | - - - - fentanyl (inn) and its salt | kg || 2933 33 22 | - - - - ketobemidone (inn) and its salt | kg || 2933 33 23 | - - - - methylphenidate (inn) and its salt | kg || 2933 33 24 | - - - - pentazocine (inn) and its salt | kg || 2933 33 25 | - - - - pethidine (inn) and its salt | kg || 2933 33 26 | - - - - pethidine (inn) intermediate a | kg || and its salt | | || 2933 33 27 | - - - - phencyclidine (inn) (pcp) and its | || salt | | || kg | 10% | - || | | || 2933 33 28 | - - - - phenoperidine (inn) and its salt | kg || | - - - | pipradrol (inn), piritramide || (inn), propiram (inn), | | || remifentanil (inn) and | | || trimeperidine (inn); salts thereof: | | || 2933 33 31 | - - - - pipradrol (inn) and its salt | kg || 2933 33 32 | - - - - piritramide (inn) and its salt | kg || 2933 33 33 | - - - - propiram (inn) and its salt | kg || 2933 33 34 | - - - - remifentanil (inn) and its salt | kg || 2933 33 35 | - - - - trimeperidine (inn) and its salt | kg || 2933 34 00 | - - other fentanyls and their | || derivatives | | || kg | 10% | - || 2933 35 00 | - - 3-quinuclidinol | kg || 2933 36 00 | - - 4-anilino-n-phenethylpiperidine | || (anpp) | | || kg | 10% | - || 2933 37 00 | - - n-phenethyl-4-piperidone (npp) | kg | (b) tariff items 2933 39 20 and 2933 39 30 and the entries relating thereto shall be omitted; (ix) in heading 2934, after tariff item 2934 91 00 and the entries relating thereto, the following shall be inserted, namely :— | "2934 92 00 | - - other fentanyls and their ||----------------|----------------------------------------|| derivatives | || kg | 10% || | |(x) in heading 2936, for the entry in column (2) occurring against tariff item 2936 24 00, the following entry shall be substituted, namely :— "- - d- or dl-pantothenic acid (vitamin b5) and its derivatives"; (xi) in heading 2939, - (a) for sub-headings and tariff items from 2939 30 00 to 2939 49 00 and the entries relating thereto, the following shall be substituted, namely :— | "2939 30 00 - caffeine and its salts | kg | 10% | 10% ||------------------------------------------|------------------------|--------------------------------|------------|| | - | alkaloids of ephedra and their | || derivatives; salts thereof: | | | || | | | || 2939 41 00 | | | || | | | || - - ephedrine and its salts | | | || | | | || kg | 10% | 10% | || 2939 42 00 | | | || | | | || - - pseudoephedrine (inn) and its salts | | | || | | | || kg | 10% | 10% | || kg | 10% | 10% | 2939 43 00 || | | | || - - cathine (inn) and its salts | | | || | | | || kg | 10% | - | 2939 44 00 || | | | || - - norephedrine and its salts | | | || | | | || kg | 10% | 10% | || 2939 45 00 | - - levometamfetamine, | | || metamfetamine (inn), | | | || metamfetamine racemate and their | | | || salts | | | || | | | || 2939 49 00 | - - other | kg | 10% || | | | |(b) for tariff items 2939 69 00 and 2939 71 00, sub-heading 2939 79, tariff items 2939 79 10 and 2939 79 90 and the entries relating thereto, the following shall be substituted, namely :— | "2939 69 00 | - - other | kg | 10% | - ||---------------------------|-----------------------------|--------|------------|------------------------------------------|| | - other, of vegetal origin: | | | || | | | | || | | | | || kg | 10% | - | 2939 72 00 | - - cocaine, ecgonine; salts, esters and || other derivatives thereof | | | | || | | | | || 2939 79 00 | - - other | kg | 10% | -"; || | | | | |(24) in chapter 30, - (i) in note 1, - (a) for the clause (b), the following clause shall be substituted, namely :— "(b) products, such as tablets, chewing gum or patches (transdermal systems), containing nicotine and intended to assist tobacco use cessation (heading 2404);"; (b) in clause (g), the word "or" shall be omitted; (c) in clause (h), for the brackets, word and figures "(heading 3502)", the brackets, words and figures"(heading 3502); or" shall be substituted; (d) after clause (h), the following clause shall be inserted, namely :— "(ij) diagnostic reagents of heading 3822"; (ii) in note 4, for clause (e), the following clause shall be substituted, namely :— "(e) placebos and blinded (or double-blinded) clinical trial kits for use in recognised clinical trials, put up in measured doses, even if they might contain active medicaments;"; (iii) in heading 3002, - (a) in the entry in column (2) occurring against the heading 3002, for the words "similar products", the words "ether similar products; cell cultures, whether or not modified" shall be substituted; (b) tariff item 3002 11 00 and the entries relating thereto shall be omitted; (c) for sub-heading 3002 13, tariff item 3002 13 10, sub-heading 3002 14, tariff items 3002 14 10 to 3002 19 00, sub-heading 3002 20, tariff items 3002 20 11 to 3002 30 00, sub-heading 3002 90, tariff items 3002 90 10 to 3002 90 90 and the entries relating thereto, the following shall be substituted, namely :— | kg | 10% | 10% ||--------------------------------------|----------------------------------------|--------------------------------------|| "3002 13 00 | | || | | || - - immunological products, unmixed, | | || not put up in measured doses or in | | || forms or packings for retail sale | | || 3002 14 00 | - - immunological products, mixed, not | kg || put up in measured doses or in forms | | || or packings for retail sale | | || kg | 10% | 10% || | | || 15 00 | - - immunological products, put up in | || measured doses or in forms or | | || packings for retail sale | | || | | || | | || | - | vaccines, toxins, cultures of micro- || organisms (excluding yeasts) and | | || similar products: | | || | | || | | || | | || | - - - | single vaccines for: || 3002 41 11 | - - - - cholera and typhoid | kg | 10% | 10% ||-----------------------------------------|-------------------------------------------|---------------------|------------|---------------------------|| 3002 41 12 | - - - - hepatitis | kg | 10% | 10% || 3002 41 13 | - - - - tetanus | kg | 10% | 10% || 3002 41 14 | - - - - polio | kg | 10% | 10% || 3002 41 15 | - - - - tuberculosis | kg | 10% | 10% || 3002 41 16 | - - - - rabies | kg | 10% | 10% || 3002 41 17 | - - - - japanese encephalitis | kg | 10% | 10% || 3002 41 18 | - - - - whopping cough (pertussis) | kg | 10% | 10% || 3002 41 19 | - - - - other | kg | 10% | 10% || | - - - | mixed vaccines for: | | || 3002 41 21 | - - - - diphtheria, pertussis and tetanus | | | || (dpt) | | | | || kg | 10% | 10% | | || 3002 41 22 | - - - - diphtheria and tetanus (dt) | kg | 10% | 10% || 3002 41 23 | - - - - measles, mumps and rubella | | | || (mmr) | | | | || kg | 10% | 10% | | || 3002 41 24 | - - - - typhoid-paratyphoid (tab) | kg | 10% | 10% || 3002 41 25 | - - - - typhoid- paratyphoid-cholera | kg | 10% | 10% || (tabc) | | | | || 3002 41 29 | - - - - other | kg | 10% | 10% || 3002 42 00 | - - vaccines for veterinary medicine | | | || | | | | || kg | 10% | 10% | | || 3002 49 | - - other | | | || 3002 49 10 | - - - cultures of micro-organisms | | | || (excluding yeast) | | | | || kg | 10% | 10% | | || 3002 49 20 | - - - toxins | kg | 10% | 10% || 3002 49 90 | - - - other | kg | 10% | 10% || | | | | - || | | | | || kg | 10% | 10% | 3002 51 00 | - - cell therapy products || | | | | || kg | 10% | 10% | | || 3002 59 00 | - - other | kg | 10% | 10% || 3002 90 | - | other: | | || 3002 90 10 | - - - human blood | kg | 10% | 10% || 3002 90 20 | - - - animal blood prepared for | | | || therapeutic, prophylactic or diagnostic | | | | || uses | | | | || 3002 90 90 | - - - other | kg | 10% | 10%"; | (iv) in heading 3006, - (a) tariff item 3006 20 00 and the entries relating thereto shall be omitted; (b) after tariff item 3006 92 00 and the entries relating thereto, the following shall be inserted, namely: - | kg ||--------------------------------------|| blinded) clinical trial kits for a || recognised clinical trial, put up in || measured doses" | (25) in chapter 32, in heading 3204, after tariff item 3204 17 90 and the entries relating thereto, the following shall be inserted, namely: - | "3204 18 00 | - - carotenoid colouring matters and ||----------------------------|-----------------------------------------|| preparations based thereon | || kg | 10% | (26) in chapter 34, - (i) in note 1, for clause (a), the following clause shall be substituted, namely: - "(a) edible mixtures or preparations of animal, vegetable or microbial fats or oils of a kind used as mould release preparations (heading 1517);"; (ii) in heading 3402, for the entry in column (2) occurring after heading 3402 and the entry relating thereto, sub-heading 3402 11, tariff items 3402 11 10 to 3402 19 00, subheading 3402 20, tariff items 3402 20 10 to 3402 20 90 and the entries relating thereto, the following shall be substituted, namely :— | | | ||------------------------------------------|-----------------------------------------|--------------------------------------|| | "- | anionic organic surface active || agents, whether or not put up for retail | | || sale : | | || | | || kg | 10% | 10% || 3402 31 00 | - - linear alkylbenzene sulphonic acids | || and their salts | | || | | || kg | 10% | 10% || | | || | | || | - | other organic surface active agents, || whether or not put up for retail sale: | | || | | || 3402 41 00 | - - cationic | || | | || kg | 10% | 10% || 3402 42 00 | - - non-ionic | || | | || kg | 10% | 10% || kg | 10% | 10% || | | || 3402 50 00 | - preparations put up for retail sale | kg | (27) in chapter 36, for heading 3603, sub-heading 3603 00, tariff items 3603 00 11 to 3603 00 59 and the entries relating thereto, the following shall be substituted, namely :— | ||----------------------------|| cords; percussion or || detonating caps; igniters; || electric detonators || || 3603 10 00 | - safety fuses ||---------------|-----------------------|| | || kg | 10% || 3603 20 00 | - detonating cords || | || kg | 10% || 3603 30 00 | - percussion caps || | || kg | 10% || kg | 10% || | || kg | 10% || | || 3603 60 00 | - electric detonators || | |(28) in chapter 37, in note 2, for the words "photosensitive surfaces", the words "photosensitive, including thermosensitive, surfaces" shall be substituted; (29) in chapter 38, - (i) in note 1, - (a) after clause (b), the following clause shall be inserted, namely :— "(c) products of heading 2404;"; (b) the existing clauses (c), (d) and (e) shall respectively be re-lettered as clauses (d), (e), and (f); (ii) in note 4, for clause (a), the following clause shall be substituted, namely :— "(a) individual materials or articles segregated from the waste, for example wastes of plastics, rubber, wood, paper, textiles, glass or metals, electrical and electronic waste and scrap (including spent batteries) which fall in their appropriate headings of the nomenclature;"; (iii) in note 7, for the words "vegetable fats", the words "vegetable or microbial fats" shall be substituted; (iv) for sub-heading note 1, the following sub-heading note shall be substituted, namely:— "1 sub-headings 3808 52 and 3808 59 cover only goods of heading 3808, containing one or more of the following substances : alachlor (iso); aldicarb (iso); aldrin (iso); azinphos-methyl (iso); binapacryl (iso); camphechlor (iso) (toxaphene); captafol (iso); carbofuran (iso); chlordane (iso); chlordimeform (iso); chlorobenzilate (iso); ddt (iso) (clofenotane (inn), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane); dieldrin (iso, inn); 4,6-dinitro-o-cresol (dnoc (iso)) or its salts; dinoseb (iso), its salts or its esters; endosulfan (iso); ethylene dibromide (iso) (1,2-dibromoethane); ethylene dichloride (iso) (1,2-dichloroethane); fluoroacetamide (iso); heptachlor (iso); hexachlorobenzene (iso); 1,2,3,4,5,6-hexachlorocyclohexane (hch (iso)), including lindane (iso, inn); mercury compounds; methamidophos (iso); monocrotophos (iso); oxirane (ethylene oxide); parathion (iso); parathion-methyl (iso) (methyl-parathion); pentachlorophenol (iso), its salts or its esters; perfluorooctane sulphonic acid and its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; phosphamidon (iso); 2,4,5-t (iso) (2,4,5-trichlorophenoxyacetic acid), its salts or its esters; tributyltin compounds; trichlorfon (iso)"; (v) for sub-heading note 3, the following sub-heading note shall be substituted, namely:— "3 sub-headings 3824 81 to 3824 89 cover only mixtures and preparations containing one or more of the following substances : oxirane (ethylene oxide); polybrominated biphenyls (pbbs); polychlorinated biphenyls (pcbs); polychlorinated terphenyls (pcts); tris(2,3-dibromopropyl) phosphate; aldrin (iso); camphechlor (iso) (toxaphene); chlordane (iso); chlordecone (iso); ddt (iso) (clofenotane (inn); 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane); dieldrin (iso, inn); endosulfan (iso); endrin (iso); heptachlor (iso); mirex (iso); 1,2,3,4,5,6-hexachlorocyclohexane (hch (iso)), including lindane (iso, inn); pentachlorobenzene (iso); hexachlorobenzene (iso); perfluorooctane sulphonic acid, its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; tetra-, penta-, hexa-, hepta- or octabromodiphenyl ethers; short-chain chlorinated paraffins short-chain chlorinated paraffins are mixtures of compounds, with a chlorination degree of more than 48 % by weight, with the following molecular formula : cxh(2xy+2)cly, where x=10 - 13 and y= 1 - 13"; (vi) for the entry in column (2) occurring against tariff item 3816 00 00, the following entry shall be substituted, namely :— "refractory cements, mortars, concretes and similar compositions, including dolomite ramming mix, other than products of heading 3801"; (vii) for heading 3822, sub-heading 3822 00, tariff items 3822 00 11 to 3822 00 90 and the entries relating thereto, the following shall be substituted, namely :— | | | ||-------------------------------|--------------------------|----------------------------------------|| "3822 | diagnostic or laboratory | || reagents on a backing, | | || prepared diagnostic or | | || laboratory reagents | | || whether or not on a | | || backing, whether or not put | | || up in the form of kits, other | | || than those of heading 3006; | | || certified reference | | || materials | | || | - | diagnostic or laboratory reagents on a || backing, | prepared | diagnostic || | | |laboratory reagents whether or not on a backing, whether or not put up in the form of kits: 3822 11 00 - - for malaria kg 10% - 3822 12 00 - - for zika and other diseases kg 10% - transmitted by mosquitoes of the genus aedes 3822 13 00 - - for blood-grouping kg 10% - 3822 19 - - other: 3822 19 10 - - - pregnancy test kit kg 10% - 3822 19 90 - - - other kg 10% - 3822 90 - other: 3822 90 10 - - - certified reference materials kg 30% - 3822 90 90 - - - other kg 30% -"; (viii) in heading 3824, - (a) for tariff items 3824 60 90 to 3824 79 00 and the entries relating thereto, the following shall be substituted, namely :— "3824 60 90 - - - other kg 30% -"; (b) in the entry in column (2) occurring against tariff item 3824 88 00, for the words "hexa, hepta –", the words "hexa-, hepta-" shall be substituted; (c) after tariff item 3824 88 00 and the entries relating thereto, the following shall be inserted, namely :— | "3824 89 00 ||----------------|| paraffins || |(d) after tariff item 3824 91 00 and the entries relating thereto, the following shall be inserted, namely :— | "3824 92 00 | - - polyglycol esters of ||-----------------------|-----------------------------|| methylphosphonic acid | || kg | 10% || | |(ix) after tariff item 3826 00 00 and the entries relating thereto, the following shall be inserted, namely :— | "3827 | mixtures containing ||----------------------------|------------------------|| halogenated derivatives of | || | || | | ||---------------------------------------|------------------------------------------|--------------------------------------|| methane, ethane or propane, | | || not elsewhere specified or | | || included | | || | - | containing chlorofluorocarbons || (cfcs), whether or not containing | | || hydrochlorofluorocarbons (hcfcs), | | || perfluorocarbons (pfcs) or | | || hydrofluorocarbons (hfcs); | | || containing hydrobromofluorocarbons | | || (hbfcs); containing carbon | | || tetrachloride; containing 1,1,1- | | || trichloroethane (methyl chloroform): | | || kg | 10% | - || 3827 11 00 | - - containing chlorofluorocarbons | || (cfcs), whether or not containing | | || hydrochlorofluorocarbons (hcfcs), | | || perfluorocarbons (pfcs) or | | || hydrofluorocarbons (hfcs) | | || 3827 12 00 | - - containing hydrobromofluorocarbons | kg || (hbfcs) | | || 3827 13 00 | - - containing carbon tetrachloride | kg || 3827 14 00 | - - containing 1,1,1-trichloroethane | || (methyl chloroform) | | || kg | 10% | - || kg | 10% | - || 3827 20 00 | - containing | || bromochlorodifluoromethane (halon- | | || 1211), bromotrifluoromethane (halon- | | || 1301) or dibromotetrafluoroethanes | | || (halon-2402) | | || | - | containing hydrochlorofluorocarbons || (hcfcs), whether or not containing | | || perfluorocarbons (pfcs) or | | || hydrofluorocarbons (hfcs), but not | | || containing chlorofluorocarbons | | || (cfcs): | | || 3827 31 00 | - - containing substances of subheadings | || 290341 to 290348 | | || kg | 10% | - || 3827 32 00 | - - other, containing substances of | kg || subheadings 290371 to 290375 | | || 3827 39 00 | - - other | kg || 3827 40 00 | - containing methyl bromide | kg || (bromomethane) or | | || bromochloromethane | | || | | || | - | containing trifluoromethane (hfc-23) || or perfluorocarbons (pfcs) but not | | || containing chlorofluorocarbons (cfcs) | | || or hydrochlorofluorocarbons (hcfcs): | | || 3827 51 00 | - - containing trifluoromethane (hfc-23) | kg || 3827 59 00 | - - other | kg || | | || (hfcs) but not containing | | |chlorofluorocarbons (cfcs) or hydrochlorofluorocarbons (hcfcs) : 3827 61 00 - - containing 15 % or more by mass of 1,1,1-trifluoroethane (hfc-143a) kg 10% - kg 10% - 3827 62 00 - - other, not included in the subheading above, containing 55 % or more by mass of pentafluoroethane (hfc- 125) but not containing unsaturated fluorinated derivatives of acyclic hydrocarbons (hfos) kg 10% - 3827 63 00 - - other, not included in the subheadings above, containing 40 % or more by mass of pentafluoroethane (hfc-125) kg 10% - 3827 64 00 -- other, not included in the subheadings above, containing 30 % or more by mass of 1,1,1,2-tetrafluoroethane (hfc-134a) but not containing unsaturated fluorinated derivatives of acyclic hydrocarbons (hfos) kg 10% - 3827 65 00 - - other, not included in the subheadings above, containing 20 % or more by mass of difluoromethane (hfc-32) and 20 % or more by mass of pentafluoroethane (hfc-125) kg 10% - 3827 68 00 - - other, not included in the subheadings above, containing substances of subheadings 2903 41 to 2903 48 3827 69 00 - - other kg 10% - 3827 90 00 - other kg 10% -"; (30) in section vii, for note 2, the following note shall be substituted, namely :— "2 except for the goods of heading 3918 or 3919, plastics, rubber, and articles thereof, printed with motifs, characters or pictorial representations, which are not merely subsidiary to the primary use of the goods, fall in chapter 49"; (31) in chapter 39, - (i) in note 2, in clause (x), for the words "lamps and lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (ii) in heading 3907, for sub-heading 3907 20, tariff items 3907 20 10 and 3907 20 90 and the entries relating thereto, the following shall be substituted, namely: - " - other polyethers: | | 3907 21 00 | - - bis (polyoxyethylene) methylphosphonate | kg | 10% - ||----------------------------------------------------------|---------------------|--------------------------------------------------|---------|-----------------|| 3907 29 | | - - | other: | || 3907 29 10 - - - poly (ether alcohols) | | | kg | 10% - || 3907 29 90 - - - other | | | | | (iii) in heading 3911, after tariff item 3911 10 90 and the entries relating thereto, the following shall be inserted, namely:— "3911 20 00 - poly (1,3-phenylene methylphosphonate) kg 10% -"; (32) in chapter 40, in heading 4015, for tariff items 4015 11 00 and the entries relating thereto, the following shall be substituted, namely: - "4015 12 00 - - of a kind used for medical, surgical, dental or veterinary purposes pa 10% -"; (33) in chapter 42, in note 2, in clause (k), for the words "lamps and lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (34) in chapter 44, - (i) in note 1, in clause (o), for the words "lamps and lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (ii) after sub-heading note 1, the following sub-heading notes shall be inserted, namely: - '2 for the purposes of sub-heading 4401 32, the expression "wood briquettes" means by products such as cutter shavings, saw dust or chips, of the mechanical wood processing industry, furniture making or other wood transformation activities, which have been agglomerated either directly by compression or by addition of a binder in a proportion not exceeding 3% by weight such briquettes are in the form of cubiform, polyhedral or cylindrical units with the minimum cross-sectional dimension greater than 25 mm"; 3 for the purposes of sub-heading 4407 13, "s-p-f" refers to wood sourced from mixed stands of spruce, pine and fir where the proportion of each species varies and is unknown 4 for the purposes of sub-heading 4407 14, "hem-fir" refers to wood sourced from mixed stands of western hemlock and fir where the proportion of each species varies and is unknown'; (iii) in heading 4401, - (a) in the entry in column (2) occurring after the tariff item 4401 22 00, for the words "agglomerated, in logs", the words "agglomerated in logs" shall be substituted; (b) after tariff item 4401 31 00 and the entries relating thereto, the following shall be inserted, namely: - "4401 32 00 - - wood briquettes mt 5% -"; (c) for the tariff item 4401 40 00 and the entries relating thereto, the following shall be substituted, namely: - "- sawdust and wood waste and scrap, not agglomerated: 4401 41 00 - - sawdust mt 5% - 4401 49 00 - - other mt 5% -"; (iv) in heading 4402, for sub-heading 4402 90, tariff items 4402 90 10 and 4402 90 90 and the entries relating thereto, the following shall be substituted, namely: - "4402 20 - of shell or nut: 4402 20 10 - - - of coconut shell mt 5% - 4402 20 90 - - - other mt 5% - 4402 90 00 - other mt 5% -"; (v) in heading 4403, - (a) for the entry in column (2) occurring against sub-heading 4403 21, the following shall be substituted, namely: - "- - of pine (pinus spp), of which the smallest cross-sectional dimension is 15 cm or more:"; (b) for the entry in column (2) occurring against sub-heading 4403 23, the following shall be substituted, namely: - "- - of fir (abies spp) and spruce (picea spp), of which the smallest cross-sectional dimension is 15 cm or more:"; (c) for the entry in column (2) occurring against sub-heading 4403 25, the following shall be substituted, namely: - " - - other, of which the smallest cross-sectional dimension is 15 cm or more:"; (d) for sub-heading 4403 49, tariff items 4403 49 10 and 4403 49 90 and the entries relating thereto, the following shall be substituted, namely: - m3 5% - (e) for the entry in column (2) occurring against tariff item 4403 93 00, the following entry shall be substituted, namely: - " - - of beech (fagus spp), of which the smallest cross-sectional dimension is 15 cm or more"; (f) for the entry in column (2) occurring against tariff item 4403 95 00, the following entry shall be substituted, namely: - "- - of birch (betula spp), of which the smallest cross-sectional dimension is 15 cm or more"; (vi) in heading 4407, - (a) after the tariff item 4407 12 00 and the entries relating thereto, the following shall be inserted, namely: - "4407 13 00 - - of s-p-f (spruce (picea spp), pine (pinus spp) and fir (abies spp)) m3 10% - m3 10% -"; 4407 14 00 - - of hem-fir (western hemlock (tsuga heterophylla) and fir (abies spp)) (b) after the tariff item 4407 22 00 and the entries relating thereto, the following shall be inserted, namely: - "4407 23 00 - - teak m3 10% -"; (c) for sub-heading 4407 29, tariff items 4407 29 10 and 4407 29 90 and the entries relating thereto, the following shall be substituted, namely: - | "4407 29 00 - - other ||--------------------------------------------------|| 3 || 10% -"; |(vii) in heading 4412, for the tariff items 4412 39 90 and 4412 94 00, sub-headings 4412 99, tariff items 4412 99 10 to 4412 99 90 and the entries relating thereto, the following shall be substituted, namely: - | "4412 39 90 | - - - other | m ||---------------------|--------------------------------------------------------|----------------------------------------------|| 3 | | || | 10% | - || | | || | | || 4412 41 00 | - - with at least one outer ply of tropical wood m | || 3 | | || | 10% | - || m | | || 3 | | || | 10% | - || coniferous wood | | || 4412 49 00 | - - other, with both outer plies of coniferous | || wood | | || m | | || 3 | | || | 10% | - || | - | blockboard, laminboard and battenboard: || 4412 51 00 | - - | with at least one outer ply of tropical wood || 3 | | || | 10% | - || 4412 52 00 | - - other, with at least one outer ply of non- ||-------------------------|----------------------------------------------------|| coniferous wood | || m | || 3 | || | || 10% | || - | || 4412 59 00 | - - other, with both outer plies of coniferous || wood | || m | || 3 | || | || 10% | || - | || | - other: || | || | || 4412 91 | - - || 4412 91 10 | - - - decorative plywood || 3 | || | 10% || 4412 91 20 | - - - tea chest panel or shooks, packed in sets || 3 | || | 10% || 4412 91 30 | - - - marine and aircraft plywood || 3 | || | || 10% | || - | || 4412 91 40 | - - - cuttings and trimmings of plywood of || which not exceeding 5cm | || m | || 3 | || | || 10% | || - | || 4412 91 90 | - - - other || 3 | || | || 10% | || - | || 4412 92 | - - other, with at least one outer ply of non- || coniferous wood: | || | || 4412 92 10 | - - - decorative plywood || 3 | || | 10% || 4412 92 20 | - - - tea chest panel or shooks, packed in sets || 3 | || | 10% || 4412 92 30 | - - - marine and aircraft plywood || 3 | || | 10% || m | || 3 | || | 10% || which not exceeding 5cm | || | || 4412 92 90 | - - - other || 3 | || | || 10% | || - | || 4412 99 | - - other, with both outer plies of coniferous || wood: | || | || 4412 99 10 | - - - decorative plywood || 3 | || | || 10% | || - | || 4412 99 20 | - - - tea chest panel or shooks || , packed in sets | || m | || 3 | || | || 10% | || - | || 4412 99 30 | - - - marine and aircraft plywood || 3 | || | 10% || m | || 3 | || | 10% || which not exceeding 5cm | || 4412 99 90 | - - - other || 3 | || | 10% | (viii) for tariff item 4414 00 00 and the entries relating thereto, the following shall be substituted, namely: - "4414 wooden frames for paintings, photographs, mirrors or similar objects 4414 10 00 - of tropical wood kg 10% - | 10% ||--------|| |(ix) in heading 4418, - (a) for tariff item 4418 10 00, sub-heading 4418 20 and tariff items 4418 20 10 to 4418 20 90 and the entries relating thereto, the following shall be substituted, namely: - "- windows, french-windows and their frames: 4418 11 00 - - of tropical wood kg 10% - 4418 19 00 - - other kg 10% - - doors and their frames and thresholds: 4418 21 - - of tropical wood: 4418 21 10 - - - flush doors kg 10% - 4418 21 20 - - - frames and thresholds of flush doors kg 10% - 4418 21 90 - - - other kg 10% - 4418 29 - - other: 4418 29 10 - - - flush doors kg 10% - 4418 29 20 - - - frames and thresholds of flush doors kg 10% - 4418 29 90 - - - other kg 10% - 4418 30 00 - posts and beams other than products of kg 10% -"; sub-headings 4418 81 to 4418 89 (b) tariff item 4418 60 00 and the entries relating thereto shall be omitted"; (c) after tariff item 4418 79 00 and the entries relating thereto, the following shall be inserted, namely: - " - engineered structural timber products : 4418 81 00 - - glue-laminated timber (glulam) kg 10% - 4418 82 00 - - cross-laminated timber (clt or x-lam) kg 10% - 4418 83 00 - - i beams kg 10% - 4418 89 00 - - other kg 10% -"; (d) after tariff item 4418 91 00 and the entries relating thereto, the following shall be inserted, namely: - "4418 92 00 - - cellular wood panels kg 10% -"; (x) after tariff item 4419 19 00 and the entries relating thereto, the following shall be inserted, namely: - | "4419 20 00 - of tropical wood | | | kg 10% -"; ||-----------------------------------------------|-----|-----|----------------------------------------|(xi) for tariff item 4420 10 00 and the entries relating thereto, the following shall be substituted, namely: - | | "- | statuettes and other ornaments: | ||------------------------------------------|------------------------|-----------------------------------|------|| 4420 11 00 - - of tropical wood | | kg 10% - | || 4420 19 00 - - other | | | |(xii) after tariff item 4421 10 00 and the entries relating thereto, the following shall be inserted, namely: - (35) in chapter 46, in note 2, in clause (e), for the words "lamps and lighting fittings" , the words "luminaires and lighting fittings" shall be substituted; (36) in chapter 48, - (i) in note 2, for clause (q), the following clause shall be substituted, namely: - "(q) articles of chapter 96 (for example, buttons, sanitary towels (pads) and tampons, napkins (diapers) and napkin liners)"; (ii) in note 4, for the word "apply", the word "applies" shall be substituted; (iii) in note 5,— (a) for the words, figures and letters "for paper or paperboard weighing not more than 150 g/m2:", the following shall be substituted, namely:– "(a) for paper or paperboard weighing not more than 150 g/m2 :"; (b) for the words, figures and letters "for papers or paperboard weighing more than 150 g/m2:", the following shall be substituted, namely:– "(b) for paper or paperboard weighing more than 150 g/m2 :"; (c) for the brackets and words "(including tea-bag paper) or felt paper of paperboard, occurring at the end, the brackets and words "(including teabag paper) or felt paper or paperboard" shall be substituted; (iv) in note 12, for the word " incidental", the word "subsidiary" shall be substituted; (37) in chapter 49, in heading 4905, for tariff items 4905 10 00 and 4905 91 00, sub-heading 4905 99, tariff items 4905 99 10 and 4905 99 90 and the entries relating thereto, the following shall be substituted, namely: - "4905 20 00 - in book form kg free - 4905 90 - other: 4905 90 10 - - - geographical, hydrological, astronomical kg free - maps or charts 4905 90 20 - - - globe kg free - 4905 90 90 - - - other kg free -"; (38) in section xi, - (i) in note 1, - (a) in clause (s), for the words "lamps and lighting fittings" , the words "luminaires and lighting fittings" shall be substituted; (b) in clause (u), the words "for babies" shall be omitted: (ii) after note 14, the following note shall be inserted, namely: - "15 subject to note 1 of section xi, textiles, garments and other textile articles, incorporating chemical, mechanical or electronic components for additional functionality, whether incorporated as built-in components or within the fibre or fabric, are classified in their respective headings in section xi provided that they retain the essential character of the goods of this section"; (39) in chapter 55, in heading 5501, for tariff item 5501 10 00 and the entries relating thereto, the following shall be substituted, namely: - " - of nylon or other polyamides : 5501 11 00 - - of aramids kg 20% - 5501 19 00 - - other kg 20% -"; (40) in chapter 56, in note 1, in clause (f), the words "for babies" shall be omitted; (41) in chapter 57, for heading 5703, sub-heading 5703 10, tariff items 5703 10 10 to 5703 10 90, sub-heading 5703 20, tariff items 5703 20 10 to 5703 20 90, sub-heading 5703 30, tariff items 5703 30 10 to 5703 30 90, sub-heading 5703 90, tariff items 5703 90 10 to 5703 90 90 and the entries relating thereto, the following shall be substituted, namely: - | | | | "5703 | carpets and other textile floor ||--------------------------------|---------------------------------|------------------------------|----------|------------------------------------|| coverings | (including | turf), | | || tufted, whether or not made up | | | | || 570310 | - | of wool or fine animal hair: | | || | | | | || | | | | || 5703 10 10 | - - - carpets | m | | || 2 | | | | || | 25% | - | | || 5703 10 20 | | | | || | | | | || - - - mats and matting | m | | | || 2 | | | | || | 25% | - | | || 5703 10 90 | | | | || | | | | || - - - other | m | | | || 2 | | | | || | 25% | - | | || | - of nylon or other polyamides: | | | || - | 5703 21 00 | - - turf | m | || 2 | | | | || | 25% or rs 70 | | | || per sq metre, | | | | || whichever is | | | | || higher | | | | || 5703 29 | - - | other: | ||-------------------------------------|-------------------------------------------|------------------------------------------------|------------|| | | | || | | | || - | | | || 5703 29 10 | | | || | | | || - - - carpets, carpeting and rugs | m | | || 2 | | | || | 25% or rs 70 | | || per sq metre, | | | || whichever is | | | || higher | | | || - | 5703 29 20 | - - - 100% polyamide tufted velour, cut pile | || or loop pile carpet mats with jute, | | | || rubber latex or pu foam backing | | | || m | | | || 2 | | | || | 25% or rs 70 | | || per sq metre, | | | || whichever is | | | || higher | | | || - | | | || 5703 29 90 | - - - other | m | || 2 | | | || | 25% or rs 70 | | || per sq metre, | | | || whichever is | | | || higher | | | || | - of other man-made textile materials: | | || | | | || | | | || - | 5703 31 00 | - - turf | m || 2 | | | || | 25% or rs 55 | | || per sq metre, | | | || whichever is | | | || higher | | | || - | | | || 5703 39 | - - | other : | || 5703 39 10 | - - - carpets, carpeting and rugs | m | || 2 | | | || | 25% or rs 55 | | || per sq metre, | | | || whichever is | | | || higher | | | || - | 5703 39 20 | - - - 100%polypropylene carpet mats with jute, | || rubber, latex or pu foam backing | | | || m | | | || 2 | | | || | 25% or rs 55 | | || per sq metre, | | | || whichever is | | | || higher | | | || - | | | || 5703 39 90 | - - - other | | || | | | || m | | | || 2 | | | || | 25% or rs 55 | | || per sq metre, | | | || whichever is | | | || higher | | | || 5703 90 | - of other textile materials : | | || | | | || | | | || m | | | || 2 | | | || | 25% | - | 5703 90 10 || cotton, | | | || other than durries | | | || | | | || 5703 90 20 | - - - carpets and floor coverings of coir | | || | | | || m | | | || 2 | | | || | 25% | - | || 5703 90 90 | - - - other | m | || 2 | | | || | 25% | -"; | || | | | |(42) in chapter 58, for heading 5802, tariff item 5802 11 00, sub-heading 5802 19, tariff items 5802 19 10 to 5802 19 90 and the entries relating thereto, the following shall be substituted, namely: - | ||----------------------------|| woven terry fabrics, other |than narrow fabrics of heading 5806; tufted textile fabrics, other than products of heading 5703 | | | | 5802 10 ||---------------------------|-----------------------|-------------------|------------|| terry fabrics, of cotton: | | | || 5802 10 10 | - - - unbleached | m | || 2 | | | || | 25% | - | || - | 5802 10 20 | - - - bleached | m || 2 | | | || | 25% or rs 60 per sq | | || meter, whichever is | | | || higher | | | || - | 5802 10 30 | - - - piece dyed | m || 2 | | | || | 25% or rs 60 per sq | | || meter, whichever is | | | || higher | | | || - | 5802 10 40 | - - - yarn dyed | m || 2 | | | || | 25% or rs 60 per sq | | || meter, whichever is | | | || higher | | | || - | 5802 10 50 | - - - printed | m || 2 | | | || | 25% or rs 60 per sq | | || meter, whichever is | | | || higher | | | || - | 5802 10 60 | - - - of handloom | m || 2 | | | || | 25% or rs 60 per sq | | || meter, whichever is | | | || higher | | | || - | | | || "; | | | || 5802 10 90 | - - - other | m | || 2 | | | || | 25% or rs 60 per sq | | || meter, whichever is | | | || higher | | | |(43) in chapter 59, - (i) after note 2, the following note shall be inserted, namely: - "3 for the purposes of heading 5903, "textile fabrics laminated with plastics" means products made by the assembly of one or more layers of fabrics with one or more sheets or film of plastics which are combined by any process that bonds the layers together, whether or not the sheets or film of plastics are visible to the naked eye in the crosssection"; (ii) the existing notes 3, 4, 5, 6 and 7 shall respectively be re-numbered as notes 4, 5, 6, 7 and 8 and in note 8 as so re-numbered, in clause (a), for sub-clause (iii), the following sub-clause shall be substituted, namely: - "(iii) filtering or straining cloth of a kind used in oil presses or the like, of textile material or of human hair;"; (iii) in heading 5911 ,— (a) in the entry in column (2) occurring against heading 5911, for the word and figure "note 7", the word and figure "note 8" shall be substituted; (b) for the entry in column (2) occurring against tariff item 5911 40 00, the following shall be substituted, namely: - "- filtering or straining cloth of a kind used in oil presses or the like, including that of human hair"; (44) in chapter 61,— (i) for note 4, the following note shall be substituted, namely: - '4 headings 6105 and 6106 do not cover garments with pockets below the waist, with a ribbed waistband or other means of tightening at the bottom of the garment, or garments having an average of less than 10 stitches per linear centimeter in each direction counted on an area measuring at least 10 cm x 10 cm heading 6105 does not cover sleeveless garments "shirts" and "shirt-blouses" are garments designed to cover the upper part of the body, having long or short sleeves and a full or partial opening starting at the neckline "blouses" are loose-fitting garments also designed to cover the upper part of the body but may be sleeveless and with or without an opening at the neckline "shirts", "shirtblouses" and "blouses" may also have a collar'; (ii) in heading 6116, for the entry in column (2) occurring against tariff item 6116 10 00, the following entry shall be substituted, namely: - "6116 10 00 - impregnated, coated, covered or laminated with plastics or rubber"; (45) in chapter 62,— (i) after note 3, the following note shall be inserted, namely: - 4 headings 6205 and 6206 do not cover garments with pockets below the waist, with a ribbed waistband or other means of tightening at the bottom of the garment heading 6205 does not cover sleeveless garments "shirts" and "shirt-blouses" are garments designed to cover the upper part of the body, having long or short sleeves and a full or partial opening starting at the neckline "blouses" are loose-fitting garments also designed to cover the upper part of the body but may be sleeveless and with or without an opening at the neckline "shirts", "shirtblouses" and "blouses" may also have a collar'; (ii) the existing notes 4, 5, 6, 7, 8 and 9 shall respectively be re-numbered as notes 5, 6, 7, 8, 9 and 10; (iii) for heading 6201, tariff item 6201 11 00, sub-heading 6201 12, tariff items 6201 12 10 and 6201 12 90, sub-heading 6201 13, tariff items 6201 13 10 and 6201 13 90, sub-heading 6201 19, tariff item 6201 19 10 to 6201 93 00, sub-heading 6201 99, tariff items 6201 99 10 and 6201 99 90 and the entries relating thereto, the following shall be substituted, namely: - | | | ||------------------------------------------|-------------------------------|----------------------|| "6201 | | || men's or boys' overcoats, car- | | || coats, capes, cloaks, anoraks | | || (including ski-jackets), wind- | | || cheaters, | wind-jackets | and || similar articles, other than | | || those of heading 6203 | | || 6201 20 | | || | | || | | || - | of wool or fine animal hair : | || - | | || 6201 20 10 - - - | | || overcoats, raincoats, car-coats, capes, | | || cloaks and similar articles | | || u | | || 25% | or | || rs | 385 | || per piece, | | || whichever | | || is higher | | || | 6201 20 90 - - - other | u || 25% | or | || rs220 | | || per piece, | | || whichever | | || is higher | | || 6201 30 | - | of cotton : || - | 6201 30 10 - - - | || overcoats, raincoats, car-coats, capes, | | || cloaks and similar articles | | || u | | || 25% | or | || rs | 385 | || per piece, | | || whichever | | || is higher | | || - | 6201 30 90 - - - | || other | u | || 25% | or | || rs | 210 | || per piece, | | || whichever | | || is higher | | || 6201 40 | - | of man-made fibres : || - | | || 6201 40 10 - - - | | || overcoats, raincoats, car-coats, capes, | | || cloaks and similar articles | | || u | | || 25% | or | || rs | 320 | || per piece, | | || whichever | | || is higher | | || - | 6201 40 90 - - - | || | | || other | u | || 25% | or | || rs180 | | || per piece, | | |whichever is higher 6201 90 - of other textile materials : u 25% - 6201 90 10 - - - overcoats, raincoats, car-coats, capes, cloaks and similar articles 6201 90 90 - - - other u 25% -"; (iv) for heading 6202, sub-heading 6202 11, tariff items 6202 11 10 to 6202 13 00, subheading 6202 19, tariff items 6202 19 10 to 6201 19 90, sub-heading 6202 91, tariff item 6202 91 10 and 6202 91 90, sub-heading 6202 92, tariff items 6202 92 10 and 6202 92 90, sub-heading 6202 93, tariff items 620293 10 and 6202 93 90, sub-heading 6202 99, tariff items 6202 99 11 to 6202 99 90 and the entries relating thereto, the following shall be substituted, namely: - "6202 women's or girls' overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind- jackets and similar articles, other than those of heading 6204 6202 20 - of wool or fine animal hair : - 6202 20 10 - - - overcoats, raincoats, car-coats, capes, cloaks and similar articles u 25% or rs 385 per piece, whichever is higher - 6202 20 90 - - - other u 25% or rs220 per piece, whichever is higher 6202 30 - of cotton : - 6202 30 10 - - - overcoats, raincoats, car-coats, capes, cloaks and similar articles u 25% or rs 210 per piece, whichever is higher - 6202 30 90 - - - other u 25% or rs 160 per piece, whichever is higher 6202 40 - of man-made fibres : - 6202 40 10 - - - overcoats, raincoats, car-coats, capes, cloaks and similar articles u 25% or rs 385 per piece, whichever is higher - 6202 40 90 - - - other u 25% or rs220 per piece, whichever is higher 6202 90 - of other textile materials : 6202 90 10 - - - overcoats, raincoats, car-coats, capes, cloaks and similar articles u 25% - 6202 90 90 - - - other u 25% -"; (v) in heading 6210, for the entry in column (2),– (a) occurring against sub-heading 6210 20, the following entry shall be substituted, namely :— "- other garments, of the type described in heading 6201"; (b) occurring against sub-heading 6210 30, the following entry shall be substituted, namely:— "- other garments, of the type described in heading 6202"; (46) in chapter 63, in heading 6306, for the entry in column (2), - (a) occurring against heading 6306, the following shall be substituted, namely: - "tarpaulins, awnings and sunblinds; tents (including temporary canopies and similar articles); sails for boats, sailboards or landcraft; camping goods"; (b) occurring after tariff item 6306 19 90, the following entry shall be substituted, namely: - " - tents (including temporary canopies and similar articles) :"; (47) in chapter 68, - (i) in note 1, in clause (k), for the words "lamps and lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (ii) in heading 6802, for words "largest surface area", the words "largest face" shall be substituted; (iii) in heading 6812, sub-heading 6812 92, tariff items 6812 92 11 to 6812 93 00 and the entries relating thereto shall be omitted; (iv) in heading 6815, - (a) for sub-heading 6815 10, tariff items 6815 10 10 to 6815 10 90 and the entries relating thereto, the following shall be substituted, namely: - "- carbon fibres; articles of carbon fibres for nonelectrical uses; other articles of graphite or other carbon for non-electrical uses : | 6815 11 00 - - carbon fibres | kg | 10% | - ||------------------------------------------------|--------|--------|------|| 6815 12 00 - - fabrics of carbon fibres | kg | 10% | - || 6815 13 00 - - other articles of carbon fibres | kg | 10% | - |6815 19 00 - - other kg 10% -"; (b) for the entry in column (2) occurring against tariff item 6815 91 00, the following entry shall be substituted, namely: - "- - containing magnesite, magnesia in the form of periclase, dolomite including in the form of dolime, or chromite"; (48) in chapter 69,— (i) for note 1, the following note shall be substituted, namely: - "1 this chapter applies only to ceramic products which have been fired after shaping: (a) headings 6904 to 6914 apply only to such products other than those classifiable in headings 6901 to 6903; (b) articles heated to temperatures less than 800 °c for purposes such as curing of resins, accelerating hydration reactions, or for the removal of water or other volatile components, are not considered to be fired such articles are excluded from chapter 69; and (c) ceramic articles are obtained by firing inorganic, non-metallic materials which have been prepared and shaped previously at, in general, room temperature raw materials comprise, inter alia, clays, siliceous materials including fused silica, materials with a high melting point, such as oxides, carbides, nitrides, graphite or other carbon, and in some cases binders such as refractory clays or phosphates"; (ii) in note 2, in clause (ij), for the words "lamps and lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (iii) in heading 6903, - (a) in the entry in column (2) occurring against heading 6903, for the words "sheaths and rods", the words "sheaths, rods and slidge gates" shall be substituted; (b) for sub-heading 6903 10, tariff items 6903 10 10 and 6903 10 90 and the entries relating thereto, the following shall be substituted, namely: - "6903 10 00 - containing, by weight, more than 50 % of free carbon mt 10% -"; (49) in chapter 70,— (a) in note 1,— (i) after clause (c), the following clauses shall be inserted, namely: - "(d) front windscreens (windshields), rear windows and other windows, framed, for vehicles of chapters 86 to 88; (e) front windscreens (windshields), rear windows and other windows, whether or not framed, incorporating heating devices or other electrical or electronic devices, for vehicles of chapters 86 to 88;"; (ii) the existing clauses (d), (e), (f) and (g) shall respectively be re-lettered as (f), (g), (h) and (ij), and in clause (g) as so re-lettered, for the words, "lamps or lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (b) in heading 7001, - (i) for the entry in column (2) occurring against heading 7001, the following shall be substituted, namely: - "cullet and other waste and scrap of glass, excluding glass from cathode ray tubes or other activated glass of heading 8549; glass in the mass"; (ii) for the entry in column (2) occurring against sub-heading 7001 00, the following shall be substituted, namely: - "- cullet and other waste and scrap of glass, excluding glass from cathode ray tubes or other activated glass of heading 8549; glass in the mass"; (c) in heading 7011, in the entries in column (2) occurring against the heading 7011, for the words "electric lamps", the words "electric lamps and light sources" shall be substituted; (d) for heading 7019, tariff item 7019 11 00 to 7019 59 00, sub-heading 7019 90, tariff items 7019 90 10 and 7019 90 90 and the entries relating thereto, the following shall be substituted, namely: - | | | ||---------------------------------------------------------------|--------------------------------------------------|------------|| | | || "7019 | glass fibres (including glass wool) | || and articles thereof (for example, | | || yarn, rovings, woven fabrics) | | || | - slivers, rovings, yarn and chopped strands and | || mats thereof: | | || kg | | || 10% | | || - | | || | | || | | || 701911 00 | | || | | || - - chopped strands, of a length of not more than 50 | | || mm | | || | | || 7019 12 00 | | || | | || - - rovings | kg | || 10% | | || - | | || 7019 13 00 | | || | | || - - other yarn, slivers | kg | || 10% | | || - | | || 7019 14 00 | | || | | || - - mechanically bonded mats | kg | || 10% | | || - | | || 7019 15 00 | | || | | || - - chemically bonded mats | kg | || 10% | | || - | | || 7019 19 00 - - other | kg | 10% - || | - mechanically bonded fabrics: | || 7019 61 00 | | || | | || - - closed woven fabrics of rovings | kg | || 10% | | || - | | || 7019 62 00 | | || | | || - - other closed fabrics of rovings | kg | || 10% | | || - | | || 7019 63 00 | | || | | || - - closed woven fabrics, plain weave, of yarns, not | | || coated or laminated | | || kg | | || 10% | | || - | | || 7019 64 00 | | || - - closed woven fabrics, plain weave, of yarns, | | || coated or laminated | | || kg | | || 10% | | || - | | || 7019 65 00 - - open woven fabrics of a width not exceeding 30 | kg | 10% - || cm | | || 7019 66 00 - - open woven fabrics of a width exceeding 30 cm | kg | 10% - || 7019 69 00 - - other | kg | 10% - |- chemically bonded fabrics: | 7019 71 00 - - veils (thin sheets) | kg | 10% - ||------------------------------------------|--------|-----------------------------------------|| 7019 72 00 - - other closed fabrics | kg | 10% - || 7019 73 00 - - other open fabrics | kg | 10% - || 7019 80 00 | | - glass wool and articles of glass wool || | | || kg | 10% | - |7019 90 00 - other kg 10% -"; (50) in chapter 71, - (i) in heading 7104, for sub-heading 7104 20, tariff items 7104 20 10 and 7104 20 90, subheading 7104 90, tariff items 7104 90 10 and 7104 90 90 and the entries relating thereto, the following shall be substituted, namely: - "- other, unworked or simply sawn or roughly shaped: | 7104 21 00 | - - diamonds | | | | c/k 10% | - ||--------------------|------------------|-----|-----|-----|------------------------|----------------------------------|| 7104 29 00 | - - other | | | | | kg 10% - |- other : | 7104 91 00 | | - - diamonds | | | ||---------------|-----|--------------------|-----|-----|-------------------------------------|| 7104 99 00 | | - - other | | | kg 15% -"; |(ii) in heading 7112, in the entry in column (2) occurring against heading 7112, after the words "recovery of precious metal", the words "recovery of precious metal other than goods of heading 8549" shall be substituted; (51) in section xv, - (i) in note 1, in clause (k), for the words "lamps and lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (ii) in note 2, for clause (a), the following clause shall be substituted, namely: - "(a) articles of heading 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metal, other than articles specially designed for use exclusively in implants in medical, surgical, dental or veterinary sciences (heading 9021);"; (iii) in note 7, for the words "interpretative rules", the words "general interpretative rules" shall be substituted; (iv) in note 8, for clause (a), the following clause shall be substituted, namely: - "(a) waste and scrap: (i) all metal waste and scrap; (ii) metal goods definitely not usable as such because of breakage, cutting-up, wear or other reasons"; (v) after note 8, the following note shall be inserted, namely: - '9 for the purposes of chapters 74 to 76 and 78 to 81, the following expressions shall 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 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 corners 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 not thereby assumed the character of articles or products of other headings wire-bars and billets of chapter 74 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 unwrought copper of heading 7403 this provision applies mutatis mutandis to the products of chapter 81 (b) profiles rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform crosssection 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, 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 corners 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 flat-surfaced products (other than the unwrought products of heading 8001), coiled or not, of solid rectangular (other than square) cross-section with or without rounded corners (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 headings headings for plates, sheets, strip, and foil apply, 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 polygons, and which have a uniform wall thickness products with a rectangular (including square), equilateral triangularor regular convex polygonal cross-section, which may have corners 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-shaped or fitted with flanges, collars or rings'; (52) in chapter 74, - (i) in the note, clauses (d), (e), (f), (g) and (h) shall be omitted; (ii) for heading 7419, sub-heading 7419 10, tariff items 7419 10 10 to 7419 91 00, subheading 7419 99, tariff items 7419 99 10 to 7419 99 90 and the entries relating thereto, the following shall be substituted, namely: - kg 10% - "7419 other articles of copper 7419 20 00 - cast, moulded, stamped or forged, but not further worked | | | | 7419 80 | - ||--------------------|--------------------------------|------------|-------------------------------------------|------------------------------------------------|| | | | | || kg 10% | - | 7419 80 10 | - - - reservoirs, tanks, vats and similar | || containers | | | | || kg | 10% | - | 7419 80 20 | - - - articles of copper alloys electro-plated || with nickel-silver | | | | || 7419 80 30 | - - - articles of brass | kg | 10% | - || 7419 80 40 | - - - copper worked articles | kg | 10% | - || 7419 80 50 | - - - copper chain | kg | 10% | - || 7419 80 90 | - - - other articles of copper | kg | 10% | -"; || | | | | |(53) in chapter 75,— (i) the note shall be omitted; (ii) for the words, figure, brackets and letter "chapter note 1 (c)", the words, figures, brackets and letter "note 9 (c) to section xv" shall be substituted; (54) in chapter 76, - (i) the note shall be omitted; (ii) in sub-heading note 2, for the words, figure, brackets and letter "chapter note 1 (c)", the words, figures, brackets and letter "note 9 (c) to section xv" shall be substituted; (55) in chapter 78, the note shall be omitted; (56) in chapter 79, the note shall be omitted; (57) in chapter 80, the note shall be omitted; (58) in chapter 81, - (i) sub-heading note shall be omitted; (ii) in heading 8103, for the tariff item 8103 90 00 and the entries relating thereto, the following shall be substituted, namely: - " - other :| | ||---------------------------------------------------------------------------------|----------------------------------------------|| | || 8103 91 00 | - - crucibles || 8103 99 00 | - - other || | || (iii) | || | || in heading 8106, for sub-heading 8106 00, tariff items 8106 00 10 to 8106 00 90 | || and the entries relating thereto, the following shall be substituted, namely: - | || | || "8106 | bismuth and articles thereof, || including waste and scrap | || | || | || | 8106 10 || by weight | || | || 8106 10 10 | - - - bismuth, unwrought || - | || 8106 10 20 | - - - article of bismuth || - | || 8106 10 90 | - - - other || - | || 8106 90 | - || | || 8106 90 10 | - - - waste and scrap of bismuth and bismuth || alloys | || kg | 5% || - | || 8106 90 90 | - - - other | kg | 10% ||------------------------------------------------------------------------------------|------------------------------------------------|--------------------------------|--------|| -"; | | | || | | | || (iv) | | | || | | | || heading 8107, tariff items 8107 20 00 and 8107 30 00, sub-heading 8107 90, tariff | | | || items 8107 90 10 and 8107 90 90 and the entries relating thereto shall be omitted; | | | || | | | || (v) | | | || | | | || for heading 8109, tariff items 8109 20 00 to 8109 90 00 and the entries relating | | | || thereto, the following shall be substituted, namely: - | | | || | | | || | "- | unwrought zirconium; powders : | || 8109 21 00 | - - containing less than 1 part hafnium to 500 | | || parts zirconium by weight | | | || kg | 10% | - | || | | | || 8109 29 00 | - - other | kg | 10% || | | | || | - waste and scrap: | | || | | | || | | | || 8109 31 00 | - - containing less than 1 part hafnium to 500 | | || parts zirconium by weight | | | || kg | 10% | - | || | | | || 8109 39 00 | - - other | kg | 10% || | | | || | - other: | | || 8109 91 00 - - containing less than 1 part hafnium to 500 | | | || parts zirconium by weight | | | || kg | 10% | - | || | | | || 8109 99 00 | - - other | kg | 10% || | | | || (vi) in heading 8112, - | | | |(a) for the entry in column (2) occurring against heading 8112, the following entry shall be substituted, namely: - "beryllium, chromium, hafnium, rhenium, thallium, cadmium, germanium, vanadium, gallium, indium and niobium (columbium), articles of these metals, including waste and scrap"; (b) after tariff item 8112 29 00 and the entries relating thereto, the following shall be inserted, namely: - | | | | | - | " | hafnium : ||-----|-----|-----|------|------|------|--------------| 8112 31 - - unwrought; waste and scrap; powders: | 8112 31 10 | - - - unwrought | | | | kg 10% - ||---------------|-----------------------|-----|-----|------------------|--------------------------------|| 8112 31 20 | - - - waste and scrap | | | | kg 10% - || 8112 31 30 | - - - powders | | | | || 8112 39 00 | - - other | | | | | - rhenium : | | | | 8112 41 | - - unwrought; waste and scrap; powders | kg 10% - ||------------|-----------------------|----|--------------|--------------------------------------------------|--------------------------|| 8112 41 10 | - - - unwrought | | | | kg 10% - || 8112 41 20 | - - - waste and scrap | | | | kg 10% - || 8112 41 30 | - - - powders | | | | || 8112 49 00 | - - other | | | | |(c) after tariff item 8112 59 00 and the entries relating thereto, the following shall be inserted, namely: - "- cadmium : | 8112 61 00 | - - waste and scrap ||------------------|------------------------------------------------------------------------------------------------------|| 8112 69 00 | - - other kg 10% -"; |(59) in section xvi, - (i) in note 2, in clause (b), for the portion beginning with the word "however" and ending with the words and figures "in heading 8517", the following shall be substituted, namely:— "however, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517, and parts which are suitable for use solely or principally with the goods of heading 8524 are to be classified in heading 8529"; (ii) after note 5, the following note shall be inserted, namely :— '6 (a) throughout the nomenclature, the expression "electrical and electronic waste and scrap" means electrical and electronic assemblies, printed circuit boards and electrical or electronic articles that - (i) have been rendered unusable for their original purposes by breakage, cuttingup or other processes or are economically unsuitable for repair, refurbishment or renovation to render them fit for their original purposes; and (ii) are packaged or shipped in a manner not intended to protect individual articles from damage during transportation, loading and unloading operations; (b) mixed consignments of "electrical and electronic waste and scrap" and other waste and scrap are to be classified in heading 8549; (c) this section does not cover municipal waste as defined in note 4 to chapter 38'; (60) in chapter 84, - (i) for note 2, the following note shall be substituted, namely:— "2 subject to the operation of note 3 to section xvi and subject to note 9 to this chapter, a machine or appliance which answers to a description in one or more of the headings 8401 to 8424, or heading 8486 and at the same time to a description in one or more of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group or under heading 8486, as the case may be, and not the latter group (a) heading 8419 does not, however, cover (i) germination plant, incubators or brooders (heading 8436); (ii) grain dampening machines (heading 8437); (iii) diffusing apparatus for sugar juice extraction (heading 8438); (iv) machinery for the heat-treatment of textile yarns, fabrics or made up textile articles (heading 8451); or (v) machinery or plant, designed for a mechanical operation, in which a change of temperature, even if necessary, is subsidiary (b) heading 8422 does not cover : (i) sewing machines for closing bags or similar containers (heading 8452); or (ii) office machinery of heading 8472 (c) heading 8424 does not cover : (i) ink-jet printing machines (heading 8443); or (ii) water-jet cutting machines (heading 8456)"; (ii) after note 4, the following note shall be inserted, namely :— '5 for the purposes of heading 8462, a "slitting line" for flat products is a processing line composed of an uncoiler, a coil flattener, a slitter and a recoiler a "cut-to-length line" for flat products is a processing line composed of an uncoiler, a coil flattener and a shear'; (iii) the existing notes 5, 6, 7 and 8 shall respectively be re-numbered as notes 6, 7, 8 and 9, and after note 9 as so re-numbered, the following note shall be inserted, namely :— '10 for the purposes of heading 8485, the expression "additive manufacturing" (also referred to as 3d printing) means the formation of physical objects, based on a digital model, by the successive addition and layering, and consolidation and solidification, of material (for example, metal, plastics or ceramics) subject to note 1 to section xvi and note 1 to chapter 84, machines answering to the description in heading 8485 are to be classified in that heading and in no other heading of the nomenclature'; (iv) the existing note 9 shall be renumbered as note 11 thereof, and in note 11 as sorenumbered, in clause (a), for the words, figures, brackets and letters "notes 9 (a) and 9 (b)", the words, figures, brackets and letters "note 12 (a) and 12 (b)" shall be substituted; (v) in sub-heading note (2), for the word, figure, brackets and letter "note 5 (c)", the word, figure, brackets and letter "note 6 (c)" shall be substituted; (vi) in heading 8414, - (a) in the entry in column (2) occurring against heading 8414, for the word "filters", the words "filters; gas-tight biological safety cabinets, whether or not fitted with filters" shall be substituted; (b) after tariff item 8414 60 00 and the entries relating thereto, the following shall be inserted, namely :— "8414 70 00 - gas-tight biological safety cabinets u 75%"; - (vii) in heading 8418, for the entry in column (2) occurring against sub-heading 8418 10, the following entry shall be substituted, namely :— "- combined refrigerator-freezers, fitted with separate external doors or drawers, or combinations thereof :"; (viii) in heading 8419, - (a) after tariff item 8419 11 90 and the entries relating thereto, the following shall be inserted, namely :— "8419 12 00 - - solar water heaters u 10% -"; (b) for tariff items 8419 31 00 and 8419 32 00 and the entries relating thereto, the following shall be substituted, namely :— | "8419 33 00 | - - lyophilisation apparatus, freeze drying ||------------------------|------------------------------------------------|| units and spray dryers | || u | 75% || 8419 34 00 | - - other, for agricultural products || 8419 35 00 | - - other, for wood, paper pulp, paper or || paperboard | || u | 75% | (ix) in heading 8421, after tariff item 8421 31 00 and the entries relating thereto, the following shall be inserted, namely :— | u | 15% ||-------------------------------------------|--------------------------------------------------|| "8421 32 00 | - - catalytic converters or particulate filters, || whether or not combined, for purifying or | || filtering exhaust gases from internal | || combustion engines | | (x) in heading 8428, after tariff item 8428 60 00 and the entries relating thereto, the following shall be inserted, namely :— | "8428 70 00 | - industrial robots ||----------------|-------------------------|| | || u | 75% | (xi) in heading 8438, in the entry in column (2) occurring against heading 8438, for the words "vegetable fats" the words "vegetable or microbial fats" shall be substituted; (xii) for heading 8462 and the entries relating to, the following heading, sub-headings, tariff item and entries shall be substituted, namely:– | | | ||----------------------------------------------|-----------------------------------------|------------|| "8462 | machine-tools | (including || presses) for working metal by | | || forging, | hammering | or || forging | (excluding | rolling || mills); | machine-tools | || (including | presses, | slitting || lines and cut-to-length lines) | | || for working metal by bending, | | || folding, | straightening, | || flattening, | shearing, | || punching, notching or nibbling | | || (excluding | draw-benches); | || presses for working metal or | | || metal carbides, not specified | | || above | | || | | || forging | (including | presses) || hammers: | | || | | || 8462 11 00 | | || | | || - - closed die forging machines | u | 75% || 8462 19 00 | | || | | || - - other | u | 75% || | | || flattening machines (including press brakes) | | || for flat products : | | || u | 75% | - || | | || - - profile forming machines | | || | | || | | || 8462 23 00 | - - numerically controlled press brakes | || | | || u | 75% | - |8462 24 00 - - numerically controlled panel benders u 75% - u 75% - 8462 25 00 - - numerically controlled roll forming machines u 75% - 8462 26 00 - - other numerically controlled bending, folding, straightening or flattening machines - - other u 75% - 8462 29 00 - slitting lines, cut-to-length lines and other shearing machines (excluding presses) for flat products, other than combined punching and shearing machines : 8462 32 00 - - slitting lines and cut-to-length lines u 75% - u 75% - 8462 33 00 - - numerically controlled shearing machines 8462 39 00 - - other u 75% - - punching, notching or nibbling machines (excluding presses) for flat products including combined punching and shearing machines : - - numerically controlled u 75% - 84624200 u 75% - 8462 49 00 - - other - machines for working tube, pipe, hollow section and bar (excluding presses) : 8462 51 00 - - numerically controlled u 75% - 8462 59 00 - - other u 75% - - cold metal working presses : u 75% - 8462 61 00 - - hydraulic presses 8462 62 00 - - mechanical presses u 75% - 8462 63 00 - - servo-presses u 75% - 846269 00 - - other u 75% - 8462 90 00 - other u 75% -"; (xiii) in heading 8479, - (a) for the entry in column (2) occurring against sub-heading 8479 20, the following entry shall be substituted, namely :— "- machinery for the extraction or preparation of animal or fixed vegetable or microbial fats or oils"; (b) after tariff item 8479 82 00 and the entries relating thereto, the following shall be inserted, namely :— | "8479 83 00 ||----------------|| |(xiv) in heading 8482, for tariff item 8482 40 00, sub-heading 8482 50, tariff items 8482 50 11 to 8482 50 23 and the entries relating thereto, the following shall be substituted, namely :— | u | 75% | - ||--------------------------------------|--------------------------------------|------|| and needle roller assemblies | | || 8482 50 00 | - other cylindrical roller bearings, | || including cage and roller assemblies | | || u | 75% | -"; | (xv) after tariff item 8484 90 00 and the entries relating thereto, the following shall be inserted, namely :— | "8485 | machines for additive ||---------------|-----------------------------------------|| manufacturing | || | || 8485 10 00 | - by metal deposit || u | 75% || | || | || 8485 30 00 | - by plaster, cement, ceramics or glass || deposit | || u | 75% || 8485 80 00 | - other || 8485 90 00 | - parts || | |(xvi) in heading 8486, in the entry in column (2), - (a) occurring against heading 8486, for the word, figure, brackets and letter "note 9 (c)", the word, figures, brackets and letter "note 11 (c)" shall be substituted; (b) occurring against tariff item 8486 40 00, for the word, figure, brackets and letter "note 9 (c)", the word, figures, brackets and letter "note 11 (c)" shall be substituted; (61) in chapter 85,— (i) after note 4, the following note shall be inserted, namely: - '5 for the purposes of heading 8517, the term "smartphones" means telephones for cellular networks, equipped with a mobile operating system designed to perform the functions of an automatic data processing machine such as downloading and running multiple applications simultaneously, including third-party applications, and whether or not integrating other features such as digital cameras and navigational aid systems'; (ii) the existing note 5 shall be re-numbered as note 6 thereof, and after note 6 as so renumbered, the following note shall be inserted, namely: - '7 for the purposes of heading 8524, "flat panel display modules" refer to devices or apparatus for the display of information, equipped at a minimum with a display screen, which are designed to be incorporated into articles of other headings prior to use display screens for flat panel display modules include, but are not limited to, those which are flat, curved, flexible, foldable or stretchable in form flat panel display modules may incorporate additional elements, including those necessary for receiving video signals and the allocation of those signals to pixels on the display however, heading 8524 does not include display modules which are equipped with components for converting video signals (eg, a scaler ic, decoder ic or application processer) or have otherwise assumed the character of goods of other headings for the classification of flat panel display modules defined in this note, heading 8524 shall take precedence over any other heading in the nomenclature'; (iii) the existing notes 6 and 7 shall respectively be re-numbered as notes 8 and 9; (iv) the existing note 8 shall be re-numbered as note 10 thereof, and –– (a) the existing note 10 shall be omitted; (b) after note 10 as so re-numbered, the following note shall be inserted, namely: - '11 for the purposes of heading 8539, the expression "light-emitting diode (led) light sources" covers–– (a) "light-emitting diode (led) modules" which are electrical light sources based on lightemitting diodes (led) arranged in electrical circuits and containing further elements like electrical, mechanical, thermal or optical elements they also contain discrete active elements, discrete passive elements, or articles of heading 8536 or 8542 for the purposes of providing power supply or power control light-emitting diode (led) modules do not have a cap designed to allow easy installation or replacement in a luminaire and ensure mechanical and electrical contact (b) "light-emitting diode (led) lamps" which are electrical light sources containing one or more led modules containing further elements like electrical, mechanical, thermal or optical elements the distinction between light-emitting diode (led) modules and lightemitting diode (led) lamps is that lamps have a cap designed to allow easy installation or replacement in a luminaire and ensure mechanical and electrical contact'; (v) the exiting note 9 shall be re-numbered as note 12 thereof and in note 12 as so renumbered, - (a) for the clause (a), the following clause shall be substituted, namely : - '(a) (i) "semiconductor devices" are semiconductor devices, the operation of which depends on variations in resistivity on the application of an electric field or semiconductor-based transducers semiconductor devices may also include assembly of plural elements, whether or not equipped with active and passive device ancillary functions "semiconductor-based transducers" are, for the purposes of this definition, semiconductor-based sensors, semiconductor-based actuators, semiconductor-based resonators and semiconductor-based oscillators, which are types of discrete semiconductor-based devices, which perform an intrinsic function, which are able to convert any kind of physical or chemical phenomena or an action into an electrical signal or an electrical signal into any type of physical phenomenon or an action all the elements in semiconductor-based transducers are indivisibly combined, and may also include necessary materials indivisibly attached, that enable their construction or function the following expressions mean,–– (1) "semiconductor-based" means built or manufactured on a semiconductor substrate or made of semiconductor materials, manufactured by semiconductor technology, in which the semiconductor substrate or material plays a critical and unreplaceable role of transducer function and performance, and the operation of which is based on semiconductor properties including physical, electrical, chemical and optical properties (2) "physical or chemical phenomena" relate to phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc (3) "semiconductor-based sensor" is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical quantities and converting these into electric signals caused by resulting variations in electric properties or displacement of a mechanical structure (4) "semiconductor-based actuator" is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of converting electric signals into physical movement (5) "semiconductor-based resonator" is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input (6) "semiconductor-based oscillator" is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures (ii) "light-emitting diodes (led)" are semiconductor devices based on semiconductor materials which convert electrical energy into visible, infra-red or ultra-violet rays, whether or not electrically connected among each other and whether or not combined with protective diodes light-emitting diodes (led) of heading 8541 do not incorporate elements for the purposes of providing power supply or power control;' (b) in clause (b), in sub-clause (iv), in sub-paragraph (3), for item (a), the following item shall be substituted, namely:— '(a) "silicon-based sensors" consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical phenomena and transducing these into electric signals, caused by resulting variations in electric properties or displacement of a mechanical structure "physical or chemical phenomena" relates to phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc'; (vi) for sub-heading note, the following sub-heading notes shall be substituted, namely:— 'sub-heading notes : 1 sub-heading 8525 81 covers only high-speed television cameras, digital cameras and video camera recorders having one or more of the following characteristics:–– - writing speed exceeding 05 mm per microsecond; - time resolution 50 nanoseconds or less; - frame rate exceeding 225,000 frames per second 2 in respect of sub-heading 8525 82, radiation-hardened or radiation-tolerant television cameras, digital cameras and video camera recorders are designed or shielded to enable operation in a high-radiation environment these cameras are designed to withstand a total radiation dose of at least 50 × 103 gy(silicon) (5 × 106 rad (silicon)), without operational degradation 3 sub-heading 8525 83 covers night vision television cameras, digital cameras and video camera recorders which use a photocathode to convert available light to electrons, which can be amplified and converted to yield a visible image this sub-heading excludes thermal imaging cameras (generally subheading 8525 89) 4 sub-heading 8527 12 covers only cassette-players with built-in amplifier, without built-in loudspeaker, capable of operating without an external source of electric power and the dimensions of which do not exceed 170 mm x 100 mm x 45 mm 5 for the purposes of subheadings 8549 11 to 8549 19, "spent primary cells, spent primary batteries and spent electric accumulators" are those which are neither usable as such because of breakage, cutting-up, wear or other reasons, nor capable of being recharged'; (vii) in heading 8501,— (a) for the entry in column (2) occurring after tariff item 8501 20 00 and the entries relating thereto, the following entry shall be substituted, namely :— "- other dc motors; dc generators, other than photovoltaic generators :"; (b) for the entry in column (2) occurring after tariff item 8501 53 90 and the entries relating thereto, the following entry shall be substituted, namely :— "- ac generators (alternators), other than photovoltaic generators :" (c) after tariff item 8501 64 80 and the entries relating thereto, the following shall be inserted, namely :— | | "- | photovoltaic dc generators : | ||------------|---------------------------------|--------------------------------|------------|| | | | || | | | || u | 10% | - | 8501 71 00 || | | | || 8501 72 00 | - - of an output exceeding 50 w | | || | | | || u | 10% | - | || 8501 80 00 | - photovoltaic ac generators | u | 10% || | | | |(viii) in heading 8507, tariff item 8507 40 00 and the entries relating thereto shall be omitted; (ix) in heading 8514, - (a) for tariff item 8514 10 00 and the entries relating thereto, the following shall be substituted, namely : - "- resistance heated furnaces and ovens : 8514 11 00 - - hot isostatic presses u 75% - 8514 19 00 - - other u 75% -"; (b) for sub-heading 8514 30, tariff items 8514 30 10 and 8514 30 90 and the entries relating thereto, the following shall be substituted, namely : - | | | | | "- other furnaces and ovens : ||------------|------------------------------------|-----|------|----------------------------------|| | | | | || 8514 31 00 | - - electron beam furnaces | | | || | | | | || u | 75% | - | | || 8514 32 00 | - - plasma and vacuum arc furnaces | | | || | | | | || u | 75% | - | | || 8514 39 00 | - - other | u | 75% | -"; || | | | | |(x) in heading 8517, - (a) in the entry in column (2) occurring against the heading 8517, for the words "including telephones", the words "including smartphones and other telephones" shall be substituted; (b) in the entry in column (2) occurring after the heading 8517 and the entry relating thereto, for the words "including telephones", the words "including smartphones and other telephones" shall be substituted; (c) for sub-heading 8517 12, tariff items 8517 12 11 to 8517 12 90 and the entries relating thereto, the following shall be substituted, namely :— | "8517 13 00 | - - smartphones ||--------------------------------|--------------------------------------------|| | || u | 20% || 8517 14 00 | - - other telephones for cellular networks || or for other wireless networks | || u | 20% | (d) for sub-heading 8517 70, tariff items 8517 70 10 and 8517 70 90 and the entries relating thereto, the following shall be substituted, namely :— | | " | - parts : | | ||-----------------------------------------|--------------------------------------------|-------------|------------|------------------------------------------|| u | 20% | - | 8517 71 00 | - - aerials and aerial reflectors of all || kinds; parts suitable for use therewith | | | | || | | | | || 8517 79 | - - other : | | | || 8517 79 10 | - - - populated, loaded or stuffed printed | | | || circuit boards | | | | || u | 20% | - | | || 8517 79 90 | - - - other | u | 15% | -"; || | | | | |(xi) in heading 8519, tariff item 8519 50 00 and the entries relating thereto shall be omitted; (xii) after tariff item 8523 80 90, the following shall be inserted, namely :— | | | ||------------------------------|-----------------------------------------|---------|| "8524 | flat panel display modules, | || whether or not incorporating | | || touch-sensitive screens | | || | - without drivers or control circuits : | || | | || | | || u | 15% | - || 8524 12 00 | - - of organic light-emitting diodes | || (oled) | | || | | || 8524 19 00 | - - other | || | | || u | 15% | - || | - | other : || | | || | | || u | 15% | - || | | || u | 15% | - || (oled) | | || | | || 8524 99 00 | - - other | u || | | |(xiii) in heading 8525, for sub-heading 8525 80, tariff items 8525 80 10 to 8528 80 90 and the entries relating thereto, the following shall be substituted, namely : - | | | ||--------------------------------------------|-----------------------------------------------|-----|| | "- television cameras, digital cameras and | || video camera recorders : | | || | | || u | 20% | - || heading note 1 to this chapter | | || u | 20% | - || tolerant goods as specified in sub-heading | | || note 2 to this chapter | | || 8525 83 00 | - - other, night vision goods as specified in | || sub-heading note 3 to this chapter | | || u | 20% | - || 8525 89 00 | - - other | u || | | |(xiv) in heading 8529, - (a) in the entry in column (2) occurring against the heading 8529, for the figures "8525", the figures "8524" shall be substituted; (b) tariff item 8529 90 30 and the entries relating thereto shall be omitted; (xv) in heading 8539, - (a) in the entry in column (2) occurring against the heading 8539, for the words and brackets "light-emitting diode (led) lamps", the words and brackets "light-emitting diode (led) light sources" shall be substituted; (b) for tariff item 8539 50 00 and the entries relating thereto, the following shall be substituted, namely :— | | | ||------------|--------------------------------------|-----|| | "- light-emitting diode (led) light | || sources : | | || | | || u | 20% | - || | | || 8539 52 00 | - - light-emitting diode (led) lamps | u || | | |(xvi) in heading 8541, - (a) for the entry in column (2) occurring against the heading 8541 , the following entry shall be substituted, namely :— "semiconductor devices (for example, diodes, transistors, semiconductor based transducers); photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes (led), whether or not assembled with other light-emitting diodes (led); mounted piezo-electric crystals"; (b) for sub-heading 8541 40, tariff items 8541 40 11 to 8541 50 00 and the entries relating thereto, the following shall be substituted, namely : - | | | | | "- ||------------------------------------------|-----------------------------------------|-----|------------|-------------------------------------|| including photovoltaic cells whether or | | | | || not assembled in modules or made up into | | | | || panels; light-emitting diodes (led) : | | | | || | | | | || 8541 41 00 | - - light-emitting diodes (led) | | | || | | | | || u | free | - | | || 8541 42 00 | - - photovoltaic cells not assembled in | | | || modules or made up into panels | | | | || u | 20% | - | | || u | 20% | - | 8541 43 00 | - - photovoltaic cells assembled in || modules or made up into panels | | | | || | | | | || 8541 49 00 | - - other | | | || | | | | || u | 20% | - | | || | - other semiconductor devices : | | | || | | | | || | | | | || 8541 51 00 | - - semiconductor-based transducers | u | 20% | - || 8541 59 00 | - - other | u | 20% | -"; | (xvii) in heading 8543, after tariff item 8543 30 00 and the entries relating thereto, the following shall be inserted , namely :— | "8543 40 00 | - electronic cigarettes and similar personal ||-----------------------------|-------------------------------------------------|| electric vaporising devices | || u | 75% || | |(xviii) for heading 8548, sub-heading 8548 10, tariff items 8548 10 10 to 8548 90 00 and the entries relating thereto, the following shall be substituted, namely :— | "8548 00 00 electrical parts of machinery or apparatus, not | u | 10% | - ||----------------------------------------------------------------|----------------------------------------------|-------------------------------------------|------------|| specified or included elsewhere in this | | | || chapter | | | || | | | || 8549 | electrical and electronic | | || waste and scrap | | | || | | | || | | | || | - | waste and scrap of primary cells, primary | || batteries and electric accumulators; spent | | | || primary cells, spent primary batteries and | | | || spent electric accumulators : | | | || | | | || kg | 10% | - | 8549 11 00 || accumulators; spent lead-acid accumulators | | | || | | | || kg | 10% | - | || 8549 12 00 | - - other, containing lead, cadmium or | | || mercury | | | || | | | || kg | 10% | - | || 8549 13 00 | - - sorted by chemical type and not | | || containing lead, cadmium or mercury | | | || | | | || kg | 10% | - | 8549 14 00 || cadmium or mercury | | | || 8549 19 00 | - - other | kg | 10% || | | | || of precious metal : | | | || | | | || kg | 10% | - | || 8549 21 00 | - - containing primary cells, primary | | || batteries, electric accumulators, mercury- | | | || switches, glass from cathode ray tubes or | | | || other activated glass, or electrical or | | | || electronic components containing cadmium, | | | || mercury, lead or polychlorinated biphenyls | | | || (pcbs) | | | || 8549 29 00 | | | || | | | || - - other | kg | 10% | - || | - other electrical and electronic assemblies | | || and printed circuit boards : | | | || | | | || kg | 10% | - ||--------------------------------------------------|--------------------------------------------------|----------|| 8549 31 00 | - - containing primary cells, primary batteries, | || electric accumulators, mercury-switches, glass | | || from cathode ray tubes or other activated glass, | | || or | electrical | or || containing | cadmium, | mercury, || polychlorinated biphenyls (pcbs) | | || 8549 39 00 | - - other | kg || | - other : | || kg | 10% | - || electric accumulators, mercury-switches, glass | | || from cathode ray tubes or other activated glass, | | || or | electrical | or || containing | cadmium, | mercury, || polychlorinated biphenyls (pcbs) | | || 8549 99 00 | - - other | kg || | | |(62) in section xvii, in note 1, in clause (k), for the words "lamps or lighting fittings", the words "luminaires and lighting fittings and parts thereof" shall be substituted; (63) in chapter 87, - (i) after note 4, the following shall be inserted, namely : - "sub-heading note: 1 sub-heading 8708 22 covers : (a) front windscreens (windshields), rear windows and other windows, framed; and (b) front windscreens (windshields), rear windows and other windows, whether or not framed, incorporating heating devices or other electrical or electronic devices, when suitable for use solely or principally with the motor vehicles of headings 8701 to 8705"; (ii) in heading 8701, for sub-heading 8701 20, tariff items 8701 20 10 and 8701 20 90 and the entries relating thereto, the following shall be substituted, namely :— | | "- road tractors for semi-trailers : ||--------------------------------------------------|---------------------------------------------|| | || | || u | 10% || 8701 21 00 | - - with only compression-ignition internal || combustion piston engine (diesel or semi-diesel) | || | || u | 10% || combustion piston engine (diesel or semi-diesel) | || and electric motor as motors for propulsion | || | || u | 10% || piston engine and electric motor as motors for | || propulsion | | 8701 24 00 - - with only electric motor for propulsion u 10% - 8701 29 00 - - other u 10% -"; (iii) in heading 8702, in the entry in column (2) occurring against sub-heading 8702 30, the word "reciprocating" shall be omitted; (iv) in heading 8703, in the entry in column (2),— (a) occurring after tariff item 8703 10 90 and the entries relating thereto, the word "reciprocating" shall be omitted; (b) occurring against sub-heading 8703 40, the word "reciprocating" shall be omitted; (c) occurring against sub-heading 8703 60, the word "reciprocating" shall be omitted; (v) in heading 8704, for tariff item 8704 10 90, sub-heading 8704 21, tariff items 8704 21 10 to 8704 21 90, sub-heading 8704 22, tariff items 8704 22 11 to 8704 22 90, subheading 8704 23, tariff items 8704 23 11 to 8704 23 90, sub-heading 8704 31, tariff items 8704 31 10 to 8704 31 90, sub-heading 8704 32, tariff items 8704 32 11 to 8704 32 90 and the entries relating thereto, the following shall be substituted, namely :— | | | | | - ||----------------------------------------------|--------------------------------------------|-----|------------|-----------------------------------------|| internal combustion piston engine (diesel or | | | | || semi-diesel) : | | | | || | | | | || 8704 21 00 | - - gvw not exceeding 5 tonnes | | | || | | | | || u | 40% | - | | || u | 40% | - | | || 8704 22 00 | - - gvw exceeding 5 tonnes but not | | | || exceeding 20 tonnes | | | | || | | | | || u | 40% | - | 8704 23 00 | - - gvw exceeding 20 tonnes || | | | | || | | | | || | - other, with only spark-ignition internal | | | || combustion piston engine : | | | | || | | | | || 8704 31 00 | - - gvw not exceeding 5 tonnes | | | || | | | | || u | 40% | - | | || 8704 32 00 | - - gvw exceeding 5 tonnes | | | || | | | | || u | 40% | - | | || | | | | - other, with both compression-ignition || internal combustion piston engine (diesel or | | | | || semi-diesel) and electric motor as motors | | | | || for propulsion : | | | | || 8704 41 00 | - - gvw not exceeding 5 tonnes | | | || | | | | || u | 40% | - | | || u | 40% | - | 8704 42 00 | - - gvw exceeding 5 tonnes but not || exceeding 20 tonnes | | | | || | | | | || 8704 43 00 | - - gvw exceeding 20 tonnes | u | 40% | - || | | ||---------------------------------------------|--------------------------------------------|-----|| | | || | - other, with both spark-ignition internal | || combustion piston engine and electric motor | | || as motors for propulsion : | | || | | || u | 40% | - || | | || u | 40% | - || | | || u | 40% | -"; || 8704 60 00 | - other with only electric motor for | || propulsion | | || | | |(vi) in heading 8708, after tariff item 8708 21 00 and the entries relating thereto, the following shall be inserted, namely :— | kg | 15% | -"; ||--------|--------|--------|"8708 22 00 - - front windscreens (windshields), rear windows and other windows specified in subheading note 1 to this chapter (vii) in heading 8711, in the entry in column (2),— (a) occurring against sub-heading 8711 10, the word "reciprocating" shall be omitted; (b) occurring against sub-heading 8711 20, the word "reciprocating" shall be omitted; (c) occurring against sub-heading 8711 30, the word "reciprocating" shall be omitted; (d) occurring against sub-heading 8711 40, the word "reciprocating" shall be omitted; (e)) occurring against tariff item 8711 50 00, the word "reciprocating" shall be omitted; (64) in chapter 88, - (i) for the note, the following shall be substituted, namely :— 'note: 1 for the purposes of this chapter, the expression "unmanned aircraft" means any aircraft, other than those of heading 8801, designed to be flown without a pilot on board they may be designed to carry a payload or equipped with permanently integrated digital cameras or other equipment which would enable them to perform utilitarian functions during their flight the expression "unmanned aircraft", however, does not cover flying toys, designed solely for amusement purposes (heading 9503) sub-heading notes: 1 for the purposes of sub-headings 8802 11 to 8802 40, the expression "unladen weight" means the weight of the machine in normal flying order, excluding the weight of the crew and of fuel and equipment other than permanently fitted items of equipment 2 for the purposes of sub-headings 8806 21 to 8806 24 and 8806 91 to 8806 94, the expression "maximum take-off weight" means the maximum weight of the machine in normal flying order, at take-off, including the weight of payload, equipment and fuel'; (ii) in heading 8802, in the entry in column (2) occurring against the heading 8802, for the word "aircrft", the words "aircraft, except unmanned aircraft of heading 8806" shall be substituted; (iii) heading 8803, tariff items 8803 10 00 to 8803 90 00 and the entries relating thereto shall be omitted; (iv) after tariff item 8805 29 00 and the entries relating thereto, the following shall be inserted, namely :— | "8806 | unmanned aircraft | | | ||------------------------------|----------------------------------------------|-----|------------|-----------------------------------------------|| 8806 10 00 | - designed for the carriage of passengers | u | 10% | - || u | 10% | - | | || | - other, for remote-controlled flight only : | | | || 8806 21 00 | - - with maximum take-off weight not more | | | || than 250 g | | | | || | | | | || 8806 22 00 | - - with maximum take-off weight more than | | | || 250 g but not more than 7 kg | | | | || u | 10% | - | | || 8806 23 00 | - - with maximum take-off weight more than 7 | | | || kg but not more than 25 kg | | | | || u | 10% | - | | || u | 10% | - | 8806 24 00 | - - with maximum take-off weight more than 25 || kg but not more than 150 kg | | | | || 8806 29 00 | | | | || | | | | || - - other | u | 10% | - | || | - other : | | | || 8806 91 00 | - - with maximum take-off weight not more | | | || than 250 g | | | | || u | 10% | - | | || 8806 92 00 | - - with maximum take-off weight more than | | | || 250 g but not more than 7 kg | | | | || u | 10% | - | | || u | 10% | - | 8806 93 00 | - - with maximum take-off weight more than 7 || kg but not more than 25 kg | | | | || u | 10% | - | 8806 94 00 | - - with maximum take-off weight more than 25 || kg but not more than 150 kg | | | | || 8806 99 00 | - - other | u | 10% | - || | | | | || 8807 | parts of goods of heading 8801, 8802 | | | || or 8806 | | | | || | | | | || 8807 10 00 | - propellers and rotors and parts thereof | kg | 3% | - || 8807 20 00 | - under-carriages and parts thereof | kg | 3% | - || kg | 3% | - | 8807 30 00 | - other parts of airplanes, helicopters or || unmanned aircraft | | | | || 8807 90 00 | - other | kg | 10% | -"; || | | | | |(65) in chapter 89, in heading 8903, for tariff items 8903 10 00 to 8903 92 00, sub-heading 8903 99, tariff items 8903 99 10 and 8903 99 90 and the entries relating thereto, the following shall be substituted, namely :— | | | | u | 25% | - ||--------------------------------------------------------------|-----------------------------------------------------|--------------------------------------------------------|------|--------|------|| | " | - inflatable (including rigid hull inflatable) boats : | | | || 8903 11 00 | | | | | || - - fitted or designed to be fitted with a motor, | | | | | || unladen (net) weight (excluding the motor) not | | | | | || exceeding 100 kg | | | | | || | | | | | || u | 25% | - | | | || 8903 12 00 | | | | | || | | | | | || - - not designed for use with a motor and unladen | | | | | || (net) weight not exceeding 100 kg | | | | | || | | | | | || 8903 19 00 | | | | | || - - other | u | 25% | - | | || | - sailboats, other than inflatable, with or without | | | | || auxiliary motor : | | | | | || | | | | | || 8903 21 00 | | | | | || | | | | | || - - of a length not exceeding 75 m | u | 25% | - | | || 8903 22 00 - - of a length exceeding 75 m but not exceeding | u | 25% | - | | || 24 m | | | | | || 8903 23 00 - - of a length exceeding 24 m | u | 25% | - | | || | | | | | || | - | motorboats, other than inflatable, not including | | | || outboard motorboats : | | | | | || | | | | | || 8903 31 00 | | | | | || | | | | | || - - of a length not exceeding 75 m | | | | | || | | | | | || u | 25% | - | | | || u | 25% | - | | | || 8903 32 00 | | | | | || | | | | | || - - of a length exceeding 75 m but not exceeding | | | | | || 24 m | | | | | || | | | | | || 8903 33 00 - - of a length exceeding 24 m | u | 25% | - | | || | | | | | || | - other : | | | | || 8903 93 00 | | | | | || | | | | | || - - of a length not exceeding 75 m | u | 25% | - | | || 8903 99 00 | | | | | || | | | | | || - - other | u | 25% | -"; | | || | | | | | |(66) in chapter 90, - (i) in note 1, for clause (f), the following clause shall be substituted, namely :– "(f) parts of general use, as defined in note 2 to section xv, of base metal (section xv) or similar goods of plastics (chapter 39); however, articles specially designed for use exclusively in implants in medical, surgical, dental or veterinary sciences are to be classified in heading 9021;"; (ii) in heading 9006, - (a) tariff items 9006 51 00 and 9006 52 00, and the entries relating thereto shall be omitted; (b) for the entry in column (2) occurring against sub-heading 9006 53, the following entry shall be substituted, namely:— "- - for roll film of a width of 35 mm:"; (iii) in heading 9013, - (a) for the entry in column (2) occurring against heading 9013, the following entry shall be substituted, namely: - "lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter"; (b) for sub-heading 9013 80, tariff items 9013 80 10 and 9013 80 90, sub-heading 9013 90 and tariff items 9013 90 10 and 9013 90 90, the following shall be substituted, namely: - "9013 80 00 - other devices, appliances and instrument u 75% - 9013 90 00 - parts and accessories u 75% -"; (iv) in heading 9022, - (a) in the entry in column (2) occurring against heading 9022, for the words "or gamma", the words ", gamma or other ionising" shall be substituted; (b) in the entry in column (2) occurring after tariff item 9022 19 00 and the entries relating thereto, for the words "or gamma", the words ", gamma or other ionising" shall be substituted; (v) in heading 9027, for sub-heading 9027 80, tariff items 9027 80 10 to 9027 80 90 and the entries relating thereto, the following shall be substituted, namely :— | | "- other instruments and apparatus : ||-------------------------------------------|-----------------------------------------|| | || | || u | free || | || 9027 89 | - - other: || | || | || 9027 89 10 | - - - viscometers || | || - | || 9027 89 20 | - - - calorimeters || | || - | || 9027 89 30 | - - - || surface or interfacial tension of liquids | || u | free || | || - | || 9027 89 | - - - other || | || -"; | || | |(vi) in heading 9030, - (a) in the entry in column (2) occurring after tariff item 9030 20 00 and the entries relating thereto, for the word "power", the words and brackets "power (other than those for measuring or checking semiconductor wafers or devices)" shall be substituted; (b) for the entry in column (2) occurring against tariff item 9030 82 00, the following shall be substituted, namely :— "- - for measuring or checking semiconductor wafers or devices (including integrated circuits)"; (vii) in heading 9031, for the entry in column (2) occurring against tariff item 9031 41 00, the following entry shall be substituted, namely :— "- - for inspecting semiconductor wafers or devices (including integrated circuits) or for inspecting photomasks or reticles used in manufacturing semiconductor devices (including integrated circuits)"; (67) in chapter 91, - (i) sub-heading 9114 10, tariff items 9114 10 10 and 9114 10 20 and the entries relating thereto shall be omitted; (ii) after tariff item 9114 90 30 and the entries relating thereto, the following shall be inserted, namely :— "9114 90 40 - - - springs, including hair-springs kg 10% -"; (68) in chapter 94, - (i) in the chapter heading, for the words "lamps and lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (ii) in note 1,– (a) in clause (f), for the words "lamps and lighting fittings", the words "lamps or light sources and parts thereof" shall be substituted; (b) in clause (l),- (a) for the words "lamps or lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (b) for the words "electric garlands", the words "lighting strings" shall be substituted; (iii) for note 4, the following note shall be substituted, namely :— '4 for the purposes of heading 9406, the expression "prefabricated buildings" means buildings which are finished in the factory or put up as elements, presented together, to be assembled on site, such as housing or worksite accommodation, offices, schools, shops, sheds, garages or similar buildings "prefabricated buildings include "modular building units" of steel, normally presented in the size and shape of a standard shipping container, but substantially or completely pre-fitted internally such modular building units are normally designed to be assembled together to form permanent buildings'; (iv) in heading 9401, - (a) for tariff items 9401 30 00 and 9401 40 00 and the entries relating thereto, the following shall be substituted, namely :— "- swivel seats with variable height adjustment : 9401 31 00 - - of wood u 25% - 9401 39 00 - - other u 25% - - seats other than garden seats or camping equipment, convertible into beds : 9401 41 00 - - of wood u 25% - 9401 49 00 - - other u 25% -"; (b) for tariff item 9401 90 00 and the entries relating thereto, the following shall be substituted, namely :— | | "- | parts : | ||-------------|-------|-----------|-----|| 9401 91 00 | | | || - - of wood | | | || | | | || kg | 25% | - | || 9401 99 00 | | | || | | | || - - other | kg | 25% | -"; || | | | |(v) in heading 9403, for tariff item 9403 90 00 and the entries relating thereto, the following shall be substituted, namely :— | | | ||-------------|-----|-----|| | | || 9403 91 00 | | || | | || - - of wood | | || | | || kg | 25% | - || 9403 99 00 | | || - - other | | || | | || kg | 25% | -"; | (vi) in heading 9404, - (a) after tariff item 9404 30 90 and the entries relating thereto, the following shall be inserted, namely :— "9404 40 - quilts, bedspreads, eiderdowns and duvets (comforters): 9404 40 10 - - - quilts u 25% - 9404 40 20 - - - bedspreads u 25% - 9404 40 30 - - - eiderdowns u 25% - 9404 40 40 - - - duvets (comforters) u 25% -"; (b) for sub-heading 9404 90, tariff items 9404 90 11 to 9404 90 99 and the entries relating thereto, the following shall be substituted, namely :— | "9404 90 00 ||----------------|| |(vii) in heading 9405, - (a) in the entry in column (2) occurring against heading 9405, for the words "lamps and lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (b) for sub-heading 9405 10, tariff items 9405 10 10 to 9405 10 90, sub-heading 9405 20, tariff items 9405 20 10 to 9405 30 00, sub-heading 9405 40, tariff items 9405 40 10 and 9405 40 90, sub-heading 9405 50, tariff items 9405 50 10 to 9405 50 59, subheading 9405 60, tariff items 9405 60 10 and 9405 60 90 and the entries relating thereto, the following shall be substituted, namely :— | | | | | "- | chandeliers and other electric ceiling or wall lighting ||--------------------------------------------------------------|--------------------------------------------------------------|-------------------------------------------------------|------------|-------------------------------------------------------------|------------------------------------------------------------|| fittings, excluding those of a kind used for lighting public | | | | | || open spaces or thoroughfares : | | | | | || | | | | | || u | 25% | | | | || | | | | | || - | 9405 11 00 | - - designed for use solely with light-emitting diode | | | || (led) light sources | | | | | || | | | | | || 9405 19 00 | - - other | | | | || | | | | | || u | 25% | | | | || - | | | | | || | | | | - electric table, desk, bedside or floor-standing | || luminaires : | | | | | || | | | | | || u | 25% | - | 9405 21 00 | - - designed for use solely with light-emitting diode | || (led) light sources | | | | | || 9405 29 00 | - - other | u | 25% | | || | | | | | || - | | | | | || | - lighting strings of a kind used for christmas trees : | | | | || | | | | | || | | | | | || u | 25% | | | | || | | | | | || - | 9405 31 00 | - - designed for use solely with light-emitting diode | | | || (led) light sources | | | | | || | | | | | || 9405 39 00 | - - other | u | 25% | - | || | | | | - other electric luminaires and lighting fittings : | || | | | | | || u | 25% | | | | || | | | | | || - | 9405 41 00 | - - photovoltaic, designed for use solely with light- | | | || emitting diode (led) light sources | | | | | || | | | | | || 9405 42 00 | - - other, designed for use solely with light-emitting diode | | | | || (led) light sources | | | | | || u | 25% | | - | | || 9405 49 00 | - - other | | | | || | | | | | || u | 25% | | - | | || 9405 50 00 | - non-electrical luminaires and lighting fittings | u | 25% | - | || | | | | - illuminated signs, illuminated name-plates and the like : | || | | | | | || 9405 61 00 | - - designed for use solely with light-emitting diode | | | | || (led) light sources | | | | | || u | 25% | | - | | || 9405 69 00 | - - other | u | 25% | | -"; || | | | | | |(viii) in heading 9406, after tariff item 9406 10 90 and the entries relating thereto, the following shall be inserted, namely :— "9406 20 00 - modular building units, of steel u 10% -"; (69) in chapter 95, - (i) in note 1, - (a) after clause (o), the following clause shall be inserted, namely :— "(p) unmanned aircraft (heading 8806);"; (b) the existing clauses (p), (q), (r), (s), (t), (u), (v) and (w) shall respectively be relettered as clauses (q), (r), (s), (t), (u), (v), (w) and (x); (b) after note 5, the following note shall be inserted, namely :— '6 for the purposes of heading 9508 : (a) the expression "amusement park rides" means a device or combination of devices or equipment that carry, convey, or direct a person or persons over or through a fixed or restricted course, including watercourses, or within a defined area for the primary purposes of amusement or entertainment such rides may be combined within an amusement park, theme park, water park or fairground these amusement park rides do not include equipment of a kind commonly installed in residences or playgrounds; (b) the expression "water park amusements" means a device or combination of devices or equipment that are characterized by a defined area involving water, with no purposes built path water park amusements only include equipment designed specifically for water parks; and (c) the expression "fairground amusements" means games of chance, strength or skill, which commonly employ an operator or attendant and may be installed in permanent buildings or independent concession stalls fairground amusements do not include equipment of heading 9504 this heading does not include equipment more specifically classified elsewhere in the nomenclature'; (ii) in heading 9504, for the entry in column (2) occurring against the heading 9504, the following entry shall be substituted, namely :— "video game consoles and machines, table or parlour games, including pintables, billiards, special tables for casino games and automatic bowling equipment, amusement machines operated by coins, bank notes, bank cards, tokens or by any other means of payment"; (iii) for heading 9508, tariff items 9508 10 00 and 9508 90 00 and the entries relating thereto, the following shall be substituted, namely :— | "9508 | travelling circuses and travelling ||------------------------------------------------------------|--------------------------------------------------|| menageries; amusement park rides | || and | water || fairground amusements, including | || shooting | galleries; || theatres | || 9508 10 00 - travelling circuses and travelling menageries | kg || | || | || | - amusement park rides and water park amusements || : | || | || 9508 21 00 | || - - roller coasters | || | || u | 20% || 9508 22 00 | || | || - - carousels, swings and roundabouts | || | || u | 20% || 9508 23 00 - - dodge'em cars | u || | || 9508 24 00 | || | || - - motion simulators and moving theatres | || | || u | 20% || 9508 25 00 | || | || - - water rides | || | || u | 20% || 9508 26 00 | || - - water park amusements | || | || u | 20% || 9508 29 00 | || | || - - other | || | || u | 20% || 9508 30 00 - fairground amusements | u || | || 9508 40 00 | || | || - travelling theatres | u || | |(70) in chapter 96, - (i) in note 1, in clause (k), for the words "lamps and lighting fittings", the words "luminaires and lighting fittings" shall be substituted; (ii) for the entry in column (2) occurring against tariff item 9609 10 00, the following entry shall be substituted, namely :— "- pencils and crayons, with leads encased in a sheath"; (iii) for heading 9617, sub-heading 9617 00, tariff item 9617 00 11 and the entries relating thereto, the following shall be substituted, namely :— "9617 vacuum flasks and other vacuum vessels, complete; parts thereof other than glass inners 9617 00 - vacuum flasks and other vacuum vessels, complete; parts thereof other than glass inners: - - - vacuum flasks and other vacuum vessels, complete: 9617 00 11 - - - - vacuum flasks having a capacity not exceeding 075 l kg 20% -"; (iv) for heading 9619, sub-heading 9619 00 and the entries relating thereto, the following shall be substituted, namely :— "9619 sanitary towels (pads) and tampons, napkins (diapers), napkin liners and similar articles, of any material 9619 00 - sanitary towels (pads) and tampons, napkins (diapers), napkin liners and similar articles, of any material:"; (71) in chapter 97, - (i) after note 1, the following note shall be inserted, namely :— "2 heading 9701 does not apply to mosaics that are mass-produced reproductions, casts or works of conventional craftsmanship of a commercial character, even if these articles are designed or created by artists"; (ii) the existing notes 2, 3, 4 and 5 shall respectively be re-numbered as notes 3, 4, 5 and 6; (iii) for heading 9701, sub-heading 9701 10, tariff items 9701 10 10 to 9701 10 90, subheading 9701 90, tariff items 9701 90 91 to 9701 90 99, and the entries relating thereto, the following shall be substituted, namely :— "9701 paintings, drawings and pastels, executed entirely by hand, other than drawings of heading 4906 and other than hand- painted or hand-decorated manufactured articles; collages, mosaics and similar decorative plaques - of an age exceeding 100 years : 9701 21 00 - - paintings, drawings and pastels u 10% - 9701 22 00 - - mosaics u 10% - | 9701 29 00 | | - - other ||--------------|-----|--------------|| | | || u | 10% | - || | - | other : | 9701 91 00 - - paintings, drawings and pastels u 10% - 9701 92 00 - - mosaics u 10% - 9701 99 00 - - other u 10% -"; (iv) for tariff item 9702 00 00 and the entries relating thereto, the following shall be substituted, namely :— | | | | 9702 ||---------------------------------|-----|-----|---------|| lithographs | | | || 9702 10 00 | | | || | | | || - of an age exceeding 100 years | | | || | | | || u | 10% | - | || 9702 90 00 | | | || | | | || - other | u | 10% | -"; || | | | |(v) for heading 9703, sub-heading 9703 00, tariff items 9703 00 10 to 9703 00 90 and the entries relating thereto, the following shall be substituted, namely :— | "9703 | original sculpture and statuary, in ||----------------|----------------------------------------|| any material | || | || | || | || 9703 10 10 | || | || - - - of metal | u || 9703 10 20 | || | || - - - of stone | u || 9703 10 90 | || | || - - - other | u || | || 9703 90 | - || 9703 90 10 | || | || - - - of metal | u || 9703 90 20 | || | || - - - of stone | u || 9703 90 90 | || | || - - - other | u || | |(vi) for heading 9705, sub-heading 9705 00, tariff items 9705 00 10 and 9705 00 90 and the entries relating thereto, the following shall be substituted, namely :— | | | | "9705 | collections and collectors' pieces of ||-----------------------------------------------------|----------------|---------------------------------------|----------|-----------------------------------------------------|| archaeological, | ethnographic, | | | || historical, | zoological, | botanical, | | || mineralogical, | anatomical, | | | || paleontological, | or | numismatic | | || interest | | | | || u | 10% | - | | || 9705 10 00 | | | | || | | | | || - collections and collectors' pieces of | | | | || archaeological, ethnographic or historical interest | | | | || | | | | || | | | | - collections and collectors' pieces of zoological, || botanical, | mineralogical, | anatomical | or | || paleontological interest : | | | | || | | | | || 9705 21 00 | | - - human specimens and parts thereof | u | 10% | 9705 22 00 - - extinct or endangered species and parts thereof u 10% - 9705 29 00 - - other u 10% - - collections and collectors' pieces of numismatic interest : 9705 31 00 - - of an age exceeding 100 years u 10% - 9705 39 00 - - other u 10% -"; (vii) for tariff item 9706 00 00 and the entries relating thereto, the following shall be substituted, namely :— | "9706 | antiques of an age exceeding 100 ||---------------------------------|-------------------------------------|| years | || | || 9706 10 00 | || - of an age exceeding 250 years | || | || u | 10% || 9709 90 00 - other | u || | | the fifth schedule[see section 96 (i)] in the fourth schedule to the central excise act, in chapter 27, for heading 2709, tariff items 2709 10 00 and 2709 20 00 and the entries relating thereto, the following shall be substituted, namely :–– | | | ||-----------------------------------------------------------------------------------------------------------------------|----------------------|----------------------------------|| ____________________________________________________________________________________ | | || tariff item description of goods unit rate of duty | | || | | || ____(1)___________________________(2)____________________(3)____________(4)_______ | | || | | || | | || "2709 | | || | | || petroleum oils and oils | | || obtained from bituminous | | || minerals, crude | | || | | || 2709 00 | -- | petroleum oils and oils obtained || from bituminous minerals, crude | | || | | || 2709 00 10 | --- petroleum crude | kg || 2709 00 90 | --- other | kg | the sixth schedule[see section 96 (ii)] in the fourth schedule to the central excise act,–– ___________________________________________________________________________________ tariff item description of goods unit rate of duty ____(1)___________________________(2)____________________(3)____________(4)_______ (a) in section iv, for section heading, the following section heading shall be substituted, namely:–– "tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body"; (b) in chapter 24,–– (i) for chapter heading, the following chapter heading shall be substituted, namely:–– "tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body"; (ii) after note 3, the following notes shall be inserted, namely:–– "4 any products classifiable in heading 2404 and any other heading of the chapter are to be classified in heading 2404 5 for the purposes of heading 2404, the expression "inhalation without combustion" means inhalation through heated delivery or other means, without combustion"; (iii) after tariff item 2403 99 90 and the entries relating thereto, the following shall be inserted, namely :— | "2404 | products | containing ||-------------------------------|---------------|---------------|| tobacco, | reconstituted | || tobacco, nicotine, or tobacco | | || or | nicotine | substitutes, || intended | for | inhalation || without combustion; other | | || nicotine containing products | | || intended for the intake of | | || nicotine into the human body | | || | | || ||---------------------|| without combustion: || |2404 11 00 - containing tobacco or reconstituted tobacco kg 81% 2404 12 00 - - other, containing nicotine kg … 2404 19 00 - - other kg 81% - other: 2404 91 00 - - for oral application kg … 2404 92 00 - - for transdermal application kg … 2404 99 00 -- other kg …" the seventh schedule| [ | see | section 116 (1)] ||---------|---------------------------------------|----------------------|| | | || item no | description of goods | rate || (1) | (2) | (3) || 1 | motor spirit commonly known as petrol | rs 250 per litre || | | || 2 | high speed diesel | rs 400 per litre || | | | statement of objects and reasons the object of the bill is to give effect to the financial proposals of the central government for the financial year 2021-2022 the notes on clauses explain the various provisions contained in the bill 2 part xiv of the bill deals with amendments to the direct tax vivad se vishwas act, 2020 (the vivad se vishwas act) with the objective of reducing pending income tax litigation, generating timely revenue for the government and giving benefit to taxpayers by providing them peace of mind, certainty and savings on account of time and resources, the vivad se vishwas act was enacted on the 17th march, 2020 3 the settlement provisions under the income-tax act, 1961 provide for an alternate mechanism to a taxpayer who chooses to exit the regular process of assessment which would have resulted in determination of tax liability and instead approached the settlement commission for settlement of his case under chapter xix-a of the income-tax act, 1961 as the vivad se vishwas act was enacted for the resolution of disputed tax and not for the taxes covered by an order in pursuance to the settlement of a case under chapter xix-a of the income-tax act, 1961, such cases as are covered by chapter xix-a of the income-tax act, 1961 (whether they have attained finality or not) have always been, therefore, intended to be outside the purview of the vivad se vishwas act 4 with a view to remove any ambiguity, it is proposed to amend the provisions of the vivad se vishwas act to clarify the original legislative intent for which the definitions of "appellant" in clause (a), "disputed tax" in clause (j) and "tax arrear" in clause (o) of subsection (1) of section 2 of the vivad se vishwas act are proposed to be amended by way of removal of doubts by this bill the amendments relating to the vivad se vishwas act are proposed to take effect retrospectively from the 17th march, 2020 nirmala sitharaman new delhi; the 31st january, 2021 _____________ president's recommendation under articles 117 and 274 of the constitution of india [copy of letter no f2(1)-b(d)/2021, dated the 29th january, 2021 from smt nirmala sitharaman, 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 finance bill, 2021 to the lok sabha and also recommends to the lok sabha the consideration of the bill 2 the bill will be introduced in the lok sabha immediately after the presentation of the union budget on the 1st february, 2021 notes on clauses clause 2 read with the first schedule to the bill, seeks to specify the rates at which income-tax is to be levied on income chargeable to tax for the assessment year 2021-2022 further, it lays down the rates at which tax is to be deducted at source during the financial year under the income-tax act; and the rates at which "advance tax" is to be paid, tax is to be deducted at source from or paid on income chargeable under the head "salaries" or deducted under section 194p of the income-tax act and tax is to be calculated and charged in special cases for the financial year 2021-2022 clause 3 of the bill seeks to amend section 2 of the income-tax act relating to definitions clause (11) of the said section, inter alia, defines "block of assets" to mean a group of assets falling within a class of assets comprising tangible assets, being buildings, machinery, plant or furniture and intangible assets, being know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature it is proposed to amend the said clause so as to exclude goodwill of a business or profession from the purview of "block of asset" it is further proposed to amend clause (14) of the said section which defines the expression "capital asset it is proposed to insert sub-clause (c) to the said clause so as to include any unit linked insurance policy to which exemption under clause (10d) of section 10 does not apply on account of the applicability of the fourth and fifth proviso thereof it is also proposed to amend clause (19aa) of the said section which defines the term "demerger", in relation to companies, means the transfer, pursuant to a scheme of arrangement under sections 391 to 394 of the companies act, 1956, by a demerged company of its one or more undertakings to any resulting company on satisfaction of conditions provided by rules in the said clause it is proposed to amend the said clause to insert an explanation so as to clarify that the reconstruction or splitting up of a public sector company into separate companies shall be deemed to be a demerger, if such reconstruction or splitting up has been made to transfer any asset of the demerged company to the resulting company and such resulting company– (i) is a public sector company on the appointed date indicated in such scheme as may be approved by the central government or any other body authorised under the provisions of the companies act, 2013 or any other law for the time being in force governing such public sector companies in this behalf; and (ii) fulfills such other conditions as may be notified by the central government in the official gazette in this behalf it is also proposed to insert a new clause (29a) in the said section so as to define the expression "liable to tax", in relation to a person, means that there is a liability of tax on such person under any law for the time being in force in any country, and shall include a case where subsequent to imposition of tax liability, an exemption has been provided it is also proposed to amend clause (42c) of the said section which defines the expression "slump sale" as the transfer of one or more undertakings as a result of the sale for a lump sum consideration without values being assigned to the individual assets and liabilities in such sales it is proposed to expand the scope of the definition of the term "slump sale" so as to mean the transfer of one or more undertakings, by any means, for lump sum consideration without value being assigned to individual assets and liabilities in such cases it is also proposed to insert an explanation to the said clause so as to provide that the word "transfer" shall have the meaning assigned to it in clause (47) of the said section these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years it is also proposed to amend clause (48) of the said section provides for definition of "zero coupon bond", as a bond issued by any infrastructure capital company or infrastructure capital fund or public sector company or scheduled bank and in respect of which no payment and benefit is received or receivable before maturity or redemption from such infrastructure capital company or infrastructure capital fund or public sector company or scheduled bank and which is notified by the central government in the official gazette it is also proposed to amend the said clause so as to insert infrastructure debt fund in sub-clauses (a) and (b) thereof so as to enable notified infrastructure debt fund also to issue zero coupon bonds it is also proposed to insert a new explanation 2 to define the expression "infrastructure debt fund" these amendments will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 4 of the bill seeks to amend section 9a of the income-tax act relating to certain activities not to constitute business connection in india sub-section (3) and (4) of the said section provide for certain conditions for the applicability of the section it is proposed to insert sub-section (8a) to the said section so as to provide that the central government may, by notification in the official gazette, specify that any one or more of the conditions specified in clauses (a) to (m) of sub-section (3) or clauses (a) to (d) of sub-section (4) shall not apply or shall apply with such modifications, as specified in such notification, in case of an eligible investment fund and its eligible fund manager, if such fund manager is located in an international financial services centre, as defined in clause (a) of the explanation to section 80la, which has commenced its operations on or before 31st march, 2024 this amendment will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 5 of the bill seeks to amend section 10 of the income-tax act relating to incomes not included in total income the said section provides that in computing the total income of a previous year of any person, certain categories of income shall not be included in the total income clause 4d of said section provides exemption for any income accrued or arisen to, or received by a specified fund as a result of transfer of capital asset referred to in clause (viiab) of section 47, on a recognised stock exchange located in any international financial services centre and where the consideration for such transaction is paid or payable in convertible foreign exchange or as a result of transfer of securities (other than shares in a company resident in india) or any income from securities issued by a non-resident ( not being a permanent establishment of a non-resident in india) and where such income otherwise does not accrue or arise in india or any income from a securitisation trust which is chargeable under the head "profits and gains of business or profession", to the extent such income accrued or arisen to, or is received, is attributable to units held by non-resident (not being the permanent establishment of a non-resident in india) it is proposed to amend the said clause so as to provide that the said exemption shall also be available in case of any income accrued or arisen to, or received to the investment division of offshore banking unit to the extent attributable, and computed in the manner as may be provided by rules it is further proposed to insert a new clause (4e) in the said section so as to exempt any income accrued or arisen to, or received by a non-resident as a result of transfer of nondeliverable forward contracts entered into with an offshore banking unit of an international financial services centre as referred to in sub-section (1a) of section 80la, which fulfills such conditions as may be provided by rules it is also proposed to insert a new clause (4f) in the said section so as to exempt any income of a non-resident by way of royalty, on account of lease of an aircraft in a previous year, paid by a unit of an international financial services centre as referred to in sub-section (1a) of section 80la, if the unit is eligible for deduction under section 80la for that previous year and has commenced its operations on or before 31st march, 2024 these amendments will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause (5) of the said section provides for exemption in respect of the value of travel concession or assistance received by or due to an employee from his employer or former employer for himself and his family, in connection with his proceeding on leave to any place in india it is proposed to insert a second proviso in the said clause so as to provide that for the assessment year beginning on the 1st day of april, 2021, in the case of an individual, the value in lieu of any travel concession or assistance received by, or due to, such individual shall also be exempted, subject to fulfillment of such conditions (including the condition of incurring such amount of such expenditure within such period), as may be provided by rules it is further proposed to insert explanation 2 so as to clarify that where an individual claims such exemption and the same is allowed under the second proviso in connection with the expenditure provided by rules, no exemption shall be allowed under the said clause in respect of the same expenditure to any other individual these amendments will take effect from 1st april, 2021 clause (10d) of the said section provides for the exemption for the sum received under a life insurance policy in respect of which the premium payable for any of the years during the terms of the policy does not exceed ten percent of the actual capital sum assured it is proposed to insert fourth, fifth, sixth and seventh proviso to the clause proposed fourth proviso seeks to provide that the exemption under this clause shall not apply with respect to any unit linked insurance policy, issued on or after the 1st day of february, 2021, if the amount of premium payable for any of the previous year during the term of such policy exceeds two lakh fifty thousand rupees proposed fifth proviso seeks to provide that if the premium is payable, by a person, for more than one unit linked insurance policies, issued on or after the 1st day of february, 2021, the provisions of this clause shall apply only with respect to those insurance policies, where the aggregate amount of premium does not exceed the amount referred to in fourth proviso in any of the previous year during the term of any of those policies proposed sixth proviso seeks to provide that the provisions of the fourth and fifth provisos shall not apply to any sum received on the death of a person proposed seventh proviso seeks to provide that if any difficulty arises in giving effect to the provisions of this clause, the board may, with the approval of the central government, issue guidelines for the purpose of removing the difficulty and every guideline issued by the board under this proviso shall be laid before each house of parliament, and shall be binding on the income-tax authorities and the assessee it is further proposed to insert explanation 3 to the said clause so as to define the expression "unit linked insurance policy" as a life insurance policy which has components of both investment and insurance and is linked to a unit as defined in clause (ee) of regulation (3) of the insurance regulatory and development authority of india (unit linked insurance products) regulations, 2019 issued by insurance regulatory and development authority under the insurance regulatory act, 1938 and the insurance regulatory and development authority act, 1999 these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause (11) of the said section provides for exemption with respect to any payment from a provident fund to which the provident funds act, 1925 applies or from any other provident fund set up by the central government and notified by it in this behalf in the official gazette clause (12) of the said section provides for exemption with respect to the accumulated balance due and becoming payable to an employee participating in a recognised provident fund, to the extent provided in rule 8 of part a of the fourth schedule it is proposed to insert a proviso to such of the aforesaid clauses so as to provide that the provisions of these clauses shall not apply to the income by way of interest accrued during the previous year in the account of a person to the extent it relates to the amount or the aggregate of amounts of contribution made by that person exceeding two lakh and fifty thousand rupees in any previous year in that fund, on or after the 1st day of april, 2021 and computed in such manner as may be provided by rules these amendments will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years sub-clause (iiiad) of clause (23c) of the said section provides for exemption for the income received by any person on behalf of university or educational institution as referred to in that sub-clause the exemptions under the clause are available subject to the condition that the annual receipts of such university or educational institution do not exceed the annual receipts as may be prescribed similarly, sub-clause (iiiae) of the said clause provides for exemption for the income received by any person on behalf of hospital or institution as referred to in that sub-clause the exemptions under the clause are available subject to the condition that the annual receipts of such hospital or institution do not exceed the annual receipts as may be prescribed presently, the amount prescribed for sub-clause (iiiad) as well as (iiiae) is one crore rupees it is proposed to increase the limit of annual receipts, for exemption under sub-clause (iiiad) and (iiiae), to five crore rupees and provide that such limit shall be applicable for an assessee with respect to the aggregate receipts from university or universities or educational institution or institutions as referred to in sub-clause (iiiad) as well as from hospital or hospitals or institution or institutions as referred to in sub-clause (iiiae) explanation to the third proviso to the said clause provides that income of the funds or trust or institution or any university or other educational institution or any hospital or other medical institution, shall not include income in the form of voluntary contributions made with a specific direction that they shall form part of the corpus it is proposed to number the said explanation as explanation 1 thereof and to provide that such voluntary contributions should be invested or deposited in one or more of the forms or modes specified in sub-section (5) of section 11 maintained specifically for such corpus it is further proposed to insert explanation 2 in the said proviso so as to provide that,–– (a) application out of such corpus shall not be considered as application for charitable or religious purposes for the purposes of third proviso of clause (23c), provided when it is invested or deposited back, into one or more of the forms or modes specified in sub-section (5) of section 11 maintained specifically for such corpus from the income of the previous year, such amount shall be allowed as application in the previous year in which it is deposited back to corpus and to the extent it is deposited back; (b) application from loans and borrowings shall not be considered as application for charitable or religious purposes for the purposes of third proviso of clause (23c) provided when loan or borrowing is repaid from the income of the previous year, such repayment shall be allowed as application in the previous year in which it is repaid and to the extent it is repaid fourteenth proviso of the said clause provides that if any fund or institution or trust or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of said clause of said section accumulates its income, then payment or credit out of such accumulation, to exempt entities as prescribed in the proviso, shall not be treated as application it is proposed to amend the said proviso to make a reference of section 12ab which provides for the procedure of registration it is also proposed to number the explanation as explanation 1 thereof the twentieth proviso to the said clause and to insert a new explanation 2 therein so as to provide that for the computation of income required to be applied or accumulated during the previous year, no set off or deduction or allowance of any excess application, of any of the year preceding the previous year, shall be allowed these amendments will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause (23fe) of the said section provides for the exemption to specified person from the income in the nature of dividend, interest or long-term capital gains arising from an investment made by it in india item (c) of sub-clause (iii) of the said clause provides that the specified person may invest in a category-i or category-ii alternative investment fund regulated under the securities and exchange board of india (alternative investment fund) regulations, 2012, made under the securities and exchange board of india act, 1992, having hundred per cent investment in one or more of the company or enterprise or entity referred to in item (b) it is proposed to relax the said condition of "hundred per cent" to "not less than fifty per cent" it is further proposed to allow the investment by such category-i or category-ii alternative investment fund in an infrastructure investment trust referred to in sub-clause (i) of clause (13a) of section 2 it is also proposed to insert item (d) in sub-clause (iii) of the said clause allowing the investment by specified person in a domestic company set up and registered on or after 1st april, 2021, having minimum seventy-five per cent investments in one or more of the company or enterprise or entity referred to in item (b) it is also proposed to insert item (e) in the said sub-clause allowing the investment by specified person in a non-banking financial company registered as an infrastructure finance company, as referred to in the notification number rbi/2009-10/316 issued by the reserve bank of india or in an infrastructure debt fund, a non banking finance company as referred to in the master circular, namely, the infrastructure debt fund-non banking financial companies (reserve bank) directions, 2011, issued by the reserve bank of india, having minimum ninety per cent investment in one or more of the companies or enterprises or entities referred to in item (b) it is also proposed to insert fourth proviso to the said clause so as to provide that in case a category-i or category-ii alternative investment fund referred to in item (c) of sub-clause (iii) has investment of less than one hundred per cent in one or more of the companies or enterprises or entities referred to in item (b) of the said sub-clause or in an infrastructure investment trust referred to in item (c) of that sub-clause, income, accrued or arisen to or received or attributable to such investment, directly or indirectly, which is exempt under the said clause shall be calculated proportionately to the investment made in one or more of the companies or enterprises or entities referred to in item (b) of that sub-clause or in the infrastructure investment trust referred to in item (c) of that sub-clause, in such manner as may be provided by rules it is also proposed to insert fifth proviso to the said clause so as to provide that in case a domestic company referred to in item (d) of sub-clause (iii) has investment of less than one hundred per cent in one or more of the companies or enterprises or entities referred to in item (b) of the said sub-clause, income, accrued or arisen to or received or attributable to such investments, directly or indirectly, which is exempt under the said clause shall be calculated proportionately to the investment made in one or more of the companies or enterprises or entities referred to in item (b) of that sub-clause (iii), in such manner as may be provided by rules it is also proposed to insert sixth proviso to the said clause so as to provide that in case a non-banking financial company registered as an infrastructure finance company or infrastructure debt fund referred to in item (e) of sub-clause(iii), has lending of less than one hundred per cent in one or more of the companies or enterprises or entities referred to in item (b) of the said sub-clause, income, accrued or arisen to or received or attributable to such lending, directly or indirectly, which is exempt under the said clause shall be calculated proportionately to the lending made in one or more of the companies or enterprises or entities referred to in item (b) of that sub-clause, in such manner as may be provided by rules it is also proposed to insert seventh proviso to the said clause so as to provide that in case a sovereign wealth fund or pension fund has loan or borrowing, directly or indirectly, for the purposes of making investment in india, such fund shall be deemed to be not eligible for exemption under this clause it is also proposed to number the explanation as explanation 1 thereof it is also proposed to insert a proviso to the sub-clauses (iii) and (iv) of clause (b) of the said explanation 1 so as to provide that the provisions of sub-clauses (iii) and (iv) shall not apply to any payment made to creditors or depositors for loan taken or borrowing for purposes other than for making investment in india it is also proposed to amend sub-clause (v) of clause (b) of the said explanation 1 so as to provide that the sovereign wealth fund does not participate in the day to day operations of investee but the monitoring mechanism to protect the investment with the investee including the right to appoint directors or executive director shall not be considered as participation in day to day operations of the investee it is also proposed to amend sub-clause (ii) of clause (c) of the said explanation 1 so as to provide that if pension fund is liable to tax but exemption from taxation for all its income has been provided, by the foreign country under whose laws it is created or established, then such pension fund also would satisfy the condition mentioned in sub-clause (ii) it is also proposed to insert sub-clause (iiia) to the clause to provide that the pension fund does not participate in the day to day operations of investee but the monitoring mechanism to protect the investment with the investee including the right to appoint directors or executive director shall not be considered as participation in day to day operations of investee it is also proposed to insert a new explanation 2 in the said clause to define the expressions "loan and borrowing" and "investee" it is also proposed to insert a new explanation 3 so as to provide that the central government may, by rules, provide the method of calculation of "fifty per cent" referred to in item (c) or "seventy-five per cent" referred to in item (d) or "ninety per cent" referred to in item (e), of sub-clause (iii) of the said clause these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years it is also proposed to insert a new clause (23ff) in the said section so as to exempt any income of the nature of capital gains, arising or received by a non-resident, which is on account of transfer of share of a company resident in india, by the resultant fund and such shares were transferred from the original fund to the resultant fund in relocation, and where capital gains on such shares were not chargeable to tax if that relocation had not taken place it is also proposed to refer to the definitions of the expressions "investment division of offshore banking unit", "original fund", "relocation" and "resultant fund" as defined in the explantion to clause (viiac) and clause (viiad) of section 47 these amendments will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause (50) of the said section provides for the exemption for the income arising from any specified service provided on or after the date on which the provisions of chapter viii of the finance act, 2016 comes into force or arising from any e-commerce supply or services made or provided or facilitated on or after 1st april, 2021 and chargeable to equalisation levy under the provisions of that chapter it is proposed to change the said year to 2020 it is proposed to substitute the explanation to the said clause with explanations 1 and 2 explanation 1 proposes to clarify that the income referred to in this clause shall not include and shall never be deemed to have included any income which is chargeable to tax as royalty or fees for technical services in india under the said act read with the agreement notified by the central government under section 90 or section 90a explanation 2 proposes to define the expressions "e-commerce supply or services" and "specified service" for the purposes of the said clause these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 6 of the bill seeks to amend section 11 of the income-tax act relating to income from property held for charitable or religious purposes clause (d) of sub-section (1) of the said section provides that voluntary contributions made with a specific direction that they shall form part of the corpus of the trust or institution shall not be included in the total income of the trust or institution it is proposed to amend the said clause (d) so as to provide that such voluntary contributions should be invested or deposited in one or more of the forms or modes specified in sub-section (5) maintained specifically for such corpus it is further proposed to insert a new explanation 4 to sub-section (1) so as to provide that–– (a) application out of the corpus shall not be considered as application for charitable or religious purposes for the purposes of clause (a) and (b) of sub-section (1), provided when it is invested or deposited back, into one or more of the forms or modes specified in subsection (5) maintained specifically for such corpus, from the income of the previous year, such amount shall be allowed as application in the previous year in which it is deposited back to corpus and to the extent it is deposited back (b) application from loans and borrowings shall not be considered as application for charitable or religious purposes for the purposes of clause (a) and (b) of sub-section (1), provided when such loan or borrowing is repaid from the income of that previous year, such repayment shall be allowed as application in the previous year in which it is repaid and to the extent it is repaid it is also proposed to insert a new explanation 5 to the said sub-section so as to provide that for the computation of income required to be applied or accumulated during the previous year, no set off or deduction or allowance of any excess application, of any of the year preceding the previous year, shall be allowed explanation to sub-section (2) provides that if any trust or institution accumulates or set off apart its income then payment or credit out of such accumulation, to exempt entities as prescribed in the explanation, shall not be treated as application clause (d) of sub-section (3) provides that such income, credited or paid to entities prescribed, shall be deemed to be income of the trust or institution it is proposed to make a reference of section 12ab in the said explanation to the said sub-section (2) and clause (d) of sub-section (3), which provides for the procedure of registration these amendments will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 7 of the bill seeks to amend section 32 of the income-tax act relating to depreciation sub-section (1) of the said section provides for deduction on account of depreciation on tangible assets (building, machinery, plant and furniture) and intangible assets (knowhow, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature) acquired on or after the 1st day of april, 1998, and are owned, wholly or partly by the assessee and are used wholly and exclusively for the purpose of business and profession while computing the income under the head 'profits and gains of business or profession' it is proposed to amend clause (ii) of the said sub-section (1) so as to provide that goodwill of a business or profession shall not be considered as an asset for the purpose of the said clause and, hence, not eligible for depreciation explanation 3 to the said sub-section defines the expression "assets" to mean tangible assets, being buildings, machinery, plant or furniture; and intangible assets, being knowhow, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature it is proposed to amend the said explanation 3 so as to provide that goodwill of a business or profession shall not be considered as an asset for that purposes of the said subsection these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 8 of the bill seeks to amend section 36 of the income-tax act, relating to other deductions sub-section (1) of the said section provides for allowing of deductions provided for in the clauses thereof for computing the income referred to in section 28 of the said act clause (va) of the said sub-section provides for allowance of deduction for any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 apply, if such sum is credited by the assessee to the employee's account in the relevant fund or funds on or before the due date explanation to the said clause provides that for the purposes of this clause, "due date" means the date by which the assessee is required as an employer to credit an employee's contribution to the employee's account in the relevant fund under any act, rule, order or notification issued thereunder or under any standing order, award, contract of service or otherwise it is proposed to insert explanation 2 to clause (va) of sub-section (1) of the said section so as to clarify that the provisions of section 43b shall not apply and shall be deemed never to have been applied for the purposes of determining the "due date" under the said clause this amendment will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 9 of the bill seeks to amend section 43b of the income-tax act relating to certain deductions to be only on actual payments clause (b) of the said section provides that any sum payable by the assessee as an employer by way of contribution to any provident fund or superannuation fund or gratuity fund or any other fund for the welfare of employees shall be allowed (irrespective of the previous year in which the liability to pay such sum was incurred by the assessee according to the method of accounting regularly employed by him) only in computing the income referred to in section 28 of that previous year, in which such sum is actually paid by him proviso to the said section provides that nothing contained in this section shall apply in relation to any sum which is actually paid by the assessee on or before the due date applicable in his case for furnishing the return of income under sub-section (1) of section 139 in respect of the previous year in which the liability to pay such sum was incurred as aforesaid and the evidence of such payment is furnished by the assessee along with such return it is proposed to insert explanation 5 to the said section so as to clarify that the provisions of that section shall not apply and shall be deemed never to have been applied to a sum received by the assessee from any of his employees to which the provisions of subclause (x) of clause (24) of section 2 applies this amendment will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 10 of the bill seeks to amend section 43ca of the income-tax act relating to special provision for full value of consideration for transfer of assets other than capital assets in certain cases the proviso to sub-section (1) of the said section provides that where the value adopted or assessed or assessable by the authority for the purpose of payment of stamp duty does not exceed one hundred and ten per cent of the consideration received or accruing as a result of the transfer, the consideration so received or accruing as a result of the transfer shall, for the purposes of computing profits and gains from transfer of such asset, be deemed to be the full value of the consideration received or accruing as a result of such transfer it is proposed to insert a second proviso to said sub-section to provide that in case of transfer of an asset, being a residential unit, the provisions of the first proviso shall have the effect as if for the words "one hundred and ten per cent", the words "one hundred and twenty per cent" had been substituted, subject to the conditions that–– (a) the transfer of such residential unit takes place during the period beginning from the 12th day of november, 2020 and ending on the 30th day of june, 2021; (b) such transfer is by way of first time allotment of the residential unit to any person; and (c) the consideration received or accruing as a result of such transfer does not exceed two crore rupees it is further proposed to insert an explanation to the said section to define the expression "residential unit" to mean an independent housing unit with separate facilities for living, cooking and sanitary requirement, distinctly separated from other residential units within the building, which is directly accessible from an outer door or through an interior door in a shared hallway and not by walking through the living space of another household these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 11 of the bill seeks to amend section 44ab of the income-tax act relating to audit of accounts of certain persons carrying on business or profession clause (a) of the said section provides for audit of accounts for every person carrying on business, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds one crore rupees in any previous year the proviso to the said clause provides that in the case of a person whose aggregate of all amounts received including amount received for sales, turnover or gross receipts during the previous year, in cash, does not exceed five per cent of the said amount; and aggregate of all payments made including amount incurred for expenditure, in cash, during the previous year does not exceed five per cent of the said payment, the said clause shall have effect as if for the words "one crore rupees" the words "five crore rupees" had been substituted it is proposed to amend the said proviso so as to increase the threshold from "five crore rupees" to "ten crore rupees" this amendment will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 12 of the bill seeks to amend section 44ada of the income-tax act relating to special provision for computing profits and gains of profession on presumptive basis sub-section (1) of the said section provides that notwithstanding anything contained in sections 28 to 43c, in the case of an assessee, being a resident in india engaged in a profession referred to in sub-section (1) of section 44aa and whose total gross receipts do not exceed fifty lakh rupees in a previous year, a sum equal to fifty per cent of the total gross receipts of the assessee in the previous year on account of such profession, or as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the assessee, shall be deemed to be the profits and gains of such profession chargeable to tax under the head "profits and gains of business of profession" it is proposed to amend the said sub-section so that the assessee referred to therein shall, inter alia, mean an individual, hindu undivided family or a partnership firm other than a limited liability partnership as defined under clause (n) of sub-section (1) of section 2 of limited liability partnership act, 2008 this amendment will come into force from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 13 of the bill seeks to amend section 44db of the income-tax act relating to special provision for computing deductions in the case of business reorganisation of cooperative banks the said section, inter alia, provides that where business reorganisation of co-operative banks takes place, the deductions under section 32, 35d, 35dd and 35dda shall be apportioned between the predecessor co-operative bank and the successor co-operative bank in the proportion of the number of days before and after the date of business reorganisation it is proposed to expand the scope of the said section so as to include conversion of a primary co-operative bank to a banking company under its ambit it is also proposed to define the expressions "banking company", "converted banking company", "conversion" and "primary co-operative bank" and to make consequential amendment to the definition of "predecessor co-operative bank" these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 14 of the bill seeks to amend section 45 of the income-tax act relating to capital gains the aforesaid section inter alia, provides that any profits or gains arising from the transfer of a capital asset shall be chargeable to income-tax under the head "capital gains" and shall be deemed to be the income of the previous year in which such transfer took place further, sub-section (4) of the said section, provides that the profits or gains arising from the transfer of a capital asset by way of distribution of capital assets on the dissolution of a firm or other association of persons or body of individuals (not being a company or a cooperative society) or otherwise, shall be chargeable to tax as the income of the firm, association or body, of the previous year in which the said transfer takes place it is proposed to insert sub-clause (1b) so as to provide that notwithstanding anything contained in sub-section (1), where any person receives at any time during any previous year any amount under a unit linked insurance policy, to which exemption under clause (10d) of section 10 does not apply on account of the applicability of the fourth and fifth proviso thereof, including the amount allocated by way of bonus on such policy, then, any profits or gains arising from receipt of such amount by such person shall be chargeable to income-tax under the head "capital gains" and shall be deemed to be the income of such person of the previous year in which such amount was received and the income taxable shall be calculated in such manner as may be provided by rules it is further proposed to substitute sub-section (4) in the said section so as to provide that where a specified person receives during the previous year any capital asset at the time of its dissolution or reconstitution of the specified entity, which represents the balance in his capital account in the books of accounts of such specified entity at the time of dissolution or reconstitution, then any profits or gains arising from receipt of such capital asset by the specified person shall be chargeable to income-tax as income of such specified entity under the head "capital gains" and shall be deemed to be the income of such specified entity of the previous year in which such capital asset was received by the specified person it is also proposed to amend the section to provide that fair market value of the capital asset on the date of such receipt shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of such capital asset it is also proposed to amend the section to provide that the cost of acquisition of the capital asset shall be determined in accordance with the provisions of this chapter it is also proposed to amend the section to provide that the balance in the capital account of the specified person in the books of account of the specified entity is to be calculated without taking into account increase in the capital account of the specified person due to revaluation of any asset or due to self-generated goodwill or any other self-generated asset it is also proposed to amend the section to define the expressions "self-generated goodwill" and "self-generated assets", "specified entity" and "specified person" it is also proposed to insert sub-section (4a) in the said section so as to provide that where a specified person receives during the previous year any money or other asset at the time of dissolution or reconstitution of the specified entity, which is in excess of the balance in his capital account in the books of accounts of such specified entity at the time of its dissolution or reconstitution, then any profits or gains arising from receipt of such money or other asset by the specified person shall be chargeable to income-tax as income of such specified entity under the head "capital gains" and shall be deemed to be the income of such specified entity of the previous year in which such money or other asset was received by the specified person it is also proposed to amend the section to provide that value of any money or the fair market value of other asset on the date of such receipt shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of such capital asset it is also proposed to amend the section to provide that the balance in the capital account of the specified person in the books of accounts of the specified entity at the time of its dissolution or reconstitution shall be deemed to be the cost of acquisition and the balance in the capital account of the specified person in the books of account of the specified entity is to be calculated without taking into account increase in the capital account of the specified person due to revaluation of any asset or due to self-generated goodwill or any other selfgenerated asset it is also proposed to amend the section to provide that for the purpose of this subsection, the expressions "specified entity", "self-generated goodwill", "self-generated asset" and "specified person" shall have the meaning assigned to them in sub-section (4) of the act these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 15 of the bill seeks to amend section 47 of the income-tax act relating to transactions not regarded as transfer the said section, inter alia, provides that any transfer of a capital asset by the predecessor co-operative bank to the successor co-operative bank in a case of business reorganisation shall not be regarded as transfer it is proposed to amend clause (vica) of the said section to expand the scope of the said clause so as to provide that any transfer of a capital asset by the primary co-operative bank which has been converted into a banking company as a result of conversion shall not be considered as transfer for the purposes of capital gains further, it is also proposed to amend clause (vicb) of the said section so as to provide that the allotment of shares of the converted banking company to the shareholders of the predecessor co-operative bank as a result of this conversion shall not be treated as transfer for the purposes of capital gains it is also proposed to amend the explanation to clause (vicb) of the said section so as to provide that the expression "converted banking company" shall have the meaning assigned to it in section 44db these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years it is proposed to insert new clauses (viiac) and (viiad) in the said section so as to provide that any transfer, in relocation, of a capital asset by the original fund to the resultant fund shall not be considered as transfer for the purpose of capital gains tax it is further proposed that the allotment of shares of the resultant fund to the shareholders of the original fund as a result of this relocation shall not be treated as transfer for the purpose of capital gains it is also proposed to define the expressions "original fund", "relocation" and "resultant fund" these amendments will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 16 of the bill seeks to amend section 48 of the income-tax act relating to mode of computation for income chargeable under the head capital gains the section inter alia, provides for computation of capital gains arising out of transfer of a capital asset by deducting from the full value consideration received or accruing as a result of such transfer, the amounts of expenditure incurred wholly and exclusively for such transfer and cost of acquisition as well as cost of any improvement thereto it is proposed to insert clause (iii) in the said section so as to provide in case of specified entity referred to in sub-section (4a) of section 45, the amount included in the total income of such specified entity under sub-section (4a) of section 45 which is attributable to the capital asset being transferred, calculated in the prescribed manner, shall be reduced from full value of consideration received or accruing as a result of transfer of the capital asset this amendment shall come into effect from the 1st day of april, 2021 and shall accordingly apply to assessment year 2021-2022 and subsequent assessment years clause 17 of the bill seeks to amend section 49 of the income-tax act relating to cost with reference to certain modes of acquisition sub-section (1) of the said section provides that where the capital asset became the property of the assessee under certain situations, the cost of acquisition of the asset shall be deemed to be the cost for which the previous owner of the property acquired it, as increased by the cost of any improvement of the assets incurred or borne by the previous owner or the assessee, as the case may be it is proposed to amend sub-clause (e) of clause (iii) of the said sub-section so as to include the transfer referred to in clause (viiac) and (viiad) of section 47 also within the purview of that sub-section (1) this amendment will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 18 of the bill seeks to amend section 50 of the income–tax act relating to special provision for computation of capital gains in case of depreciable assets the said section, inter alia, provides for certain conditions for the applicability of provisions of sections 48 and 49 for computation of capital gains in case of depreciable assets, where the capital asset is an asset forming part of a block of asset in respect of which depreciation has been allowed under the said act it is proposed to insert a proviso in the said section so as to provide that in a case where goodwill of a business or profession forms part of a block of asset for the assessment year beginning on the 1st day of april, 2020 and depreciation thereon has been obtained by the assessee under the act, the written down value of that block of asset and short term capital gain, if any, shall be determined in such manner as may be prescribed this amendment will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 19 of the bill seeks to amend section 54gb of the income-tax act relating to capital gain on transfer of residential property not to be charged in certain cases the provisions of the said section, inter alia, provide for roll over benefit in respect of capital gain arising from the transfer of a long-term capital asset, being a residential property owned by the eligible assessee in order to get benefit of this provision, the assessee is required to utilise the net consideration for subscription in the equity shares of an eligible company before the due date of filing of the return of income currently the benefit of this section is only available for investment in the equity shares of eligible start-ups upto 31st march 2021 it is proposed to amend the proviso to sub-section (5) of the said section so as to provide that in case of an eligible start-up, the capital gains arising from transfer of residential property made upto 31st march, 2022 shall be eligible for the benefit under the said section this amendment will take effect from 1st april, 2021 clause 20 of the bill seeks to amend section 55 of the income –tax act relating to meaning of "adjusted", "cost of improvement" and "cost of acquisition" clause (a) of sub-section (2) of the said section provides that for the purposes of sections 48 and 49, "cost of acquisition" in relation to a capital asset, being goodwill of a business or a trade mark or brand name associated with a business or a right to manufacture, produce or process any article or thing or right to carry on any business or profession, tenancy rights, stage carriage permits or loom hours,— (i) in the case of acquisition of such asset by the assessee by purchase from a previous owner, means the amount of the purchase price; and (ii) in any other case [not being a case falling under sub-clauses (i) to (iv) of sub-section (1) of section 49], shall be taken to be nil ; it is proposed to substitute the said clause so as to provide that in relation to a capital asset, being goodwill of a business or profession, or a trade mark or brand name associated with a business or profession, or a right to manufacture, produce or process any article or thing, or right to carry on any business or profession, or tenancy rights, or stage carriage permits, or loom hours,— (i) in the case of acquisition of such asset by the assessee by purchase from a previous owner, means the amount of the purchase price; and (ii) in the case falling under sub-clause (i) to (iv) of sub-section (1) of section 49 and where such asset was acquired by the previous owner (as defined in that section) by purchase, means the amount of the purchase price for such previous owner; and (iii) in any other case, shall be taken to be nil it is also proposed to provide therein that in case of goodwill of business or profession acquired by the assessee by way of purchase from a previous owner (either directly or through modes specified under sub-clause (i) to (iv) of sub-section (1) of section 49) and any deduction on account of depreciation under section 32 of the said act has been obtained by the assessee in any previous year preceding the previous year relevant to the assessment year commencing on or after the 1st day of april, 2021, then the cost of acquisition will be the purchase price as reduced by the depreciation so obtained by the assessee before the previous year relevant to the assessment year commencing on the 1st day of april, 2021 these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to assessment year 2021-2022 and subsequent assessment years clause 21 of the bill seeks to amend section 56 of the income-tax act relating to income from other sources sub-clause (b) of clause (x) of sub-section (2) of the said section, inter alia, provides that where any person receives any immovable property in any previous year from any person or persons on or after the 1st day of april, 2017 for a consideration, and where the stamp duty value of such property exceeds ten per cent of the consideration and the excess amount thereof is more than fifty thousand rupees, it shall be charged to tax under the head income from other sources it is proposed to insert a fourth proviso to the said clause so as to provide that in case of property being referred to in the second proviso to sub-section (1) of section 43ca, the provisions of sub-item (ii) of item (b) of the said clause shall have the effect as if for the words "ten per cent", the words "twenty per cent" had been substituted this amendment will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause (x) of sub-section (2) of the said section, inter alia, provides that the assets received without or inadequate consideration shall be charged to tax under the head "income from other sources" it is proposed to amend the proviso to said clause of the said sub-section so as to exclude the transfer of capital asset between the original fund and the resultant fund, which are not regarded as transfer under clause (viiac) or clause (viiad) of section 47, from the scope of clause (x) of the said sub-section this amendment will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 22 of the bill seeks to amend section 72a of the income-tax act relating to provisions relating to carry forward and set off of accumulated loss and unabsorbed depreciation allowance in amalgamation or demerger, etc sub-section (1) of the said section provides that the accumulated loss and unabsorbed depreciation of the amalgamating company or companies shall be deemed to be the accumulated losses and unabsorbed depreciation of the amalgamated company or companies in specified cases and subject to the conditions specified in the said section clause (c) of the said sub-section, inter alia, provides that where there has been amalgamation of one or more public sector company or companies engaged in the business of operation of aircraft with one or more public sector company or companies engaged in similar business then notwithstanding anything contained in any other provisions of the said act, the accumulated loss and the unabsorbed depreciation of the amalgamating company shall be deemed to be the loss or, as the case may be, the allowance for unabsorbed depreciation of the amalgamated company for the previous year in which the amalgamation was effected it is proposed to substitute the said clause so as to provide that in case of amalgamation of one or more public sector company or companies with one or more public sector company or companies, the accumulated loss and the unabsorbed depreciation of the amalgamating company shall be deemed to be the loss, or as the case may be, the allowance for unabsorbed depreciation of the amalgamated company for the previous year in which the amalgamation was effected it is further proposed to insert a new clause (d) to the said sub-section so as to provide that in case of amalgamation of an erstwhile public sector company with one or more company or companies, if the share purchase agreement entered into under strategic disinvestment restricted immediate amalgamation of the said public sector company and the amalgamation is carried out within five years from the end of the previous year in which the restriction on amalgamation in the share purchase agreement ends, the accumulated loss and the unabsorbed depreciation of the amalgamating company shall be deemed to be the loss or, as the case may be, allowance for unabsorbed depreciation of the amalgamated company for the previous year in which the amalgamation was effected, and other provisions of the said act relating to set off and carry forward of loss, and the allowance for depreciation shall apply accordingly it is also proposed to insert a proviso to the said sub-section so as to provide that the accumulated loss and the unabsorbed depreciation of the amalgamating company, in case of an amalgamation referred to in clause (d), which is deemed to be loss or, as the case may be, allowance for unabsorbed depreciation of the amalgamated company, shall not be more than the accumulated loss and unabsorbed depreciation of the public sector company as on the date on which the public sector company ceases to be a public sector company as a result of strategic disinvestment it is also proposed to insert an explanation to define the expressions "control", "erstwhile public sector company" and "strategic disinvestment" for the purposes of clause (d) of the said sub-section these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 23 of the bill seeks to amend section 79 of the income-tax act relating to carry forward and set off of losses in case of certain companies sub-section (1) of the said section provides that where a change in shareholding has taken place during the previous year in the case of a company, not being a company in which the public are substantially interested, 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 on the last day of the previous year, the shares of the company carrying not less than fifty-one per cent of the voting power were beneficially held by persons who beneficially held shares of the company carrying not less than fifty-one per cent of the voting power on the last day of the year or years in which the loss was incurred further sub-section (2) of said section provides that the exceptions to the above provision contained in the said sub-section it is proposed to insert a new clause in sub-section (2) to the said section so as to provide that nothing contained in the section shall apply to a case to the extent that a change in the shareholding takes place during the previous year on account of relocation referred to in the explanation to clause (viiac) and (viiad) of section 47 this amendment will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 24 of the bill seeks to amend section 80eea of the income-tax act relating to deduction in respect of interest on loan taken for certain house property the said section, inter alia, provides for deduction in respect of interest on loan taken for a residential house property from any financial institution up to one lakh fifty-thousand rupees subject to the condition that the loan has been sanctioned during the period beginning on 1st april, 2019 and ending on 31st march, 2021 this is subject to further condition that the stamp duty value of residential house property does not exceed forty-five lakh rupees and the assessee does not own any residential house property on the date of sanction of loan it is proposed to amend sub-section (3) of the said section so as to provide that the deduction under section 80eea in respect of interest paid on loan sanctioned by a financial institution for acquisition of a residential house property, shall be available if the loan has been sanctioned during the period beginning on 1st april, 2019 and ending on 31st march, 2022, subject to other conditions specified in the said section this amendment will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 25 of the bill seeks to amend section 80-iac of the income-tax act relating to special provision in respect of specified business the existing provisions of the section 80-iac of the said act, inter alia, provide for a deduction of an amount equal to one hundred per cent of the profits and gains derived from an eligible business by an eligible start-up for three consecutive assessment years out of ten years at the option of the assessee subject to the condition that the total turnover of its business does not exceed one hundred crore rupees for an eligible start-up incorporated on or after the 1st day of april, 2016 but before the 1st day of april, 2021 it is proposed to extend the period of incorporation of such eligible start-ups till 1st day of april, 2022 this amendment will take effect from the 1st april, 2021 clause 26 of the bill seeks to amend section 80-iba of the income-tax act relating to deductions in respect of profits and gains from housing project the provisions of sub-section (1) of the said section provides for hundred per cent deductions of the profits and gains derived from the business of developing and building affordable housing project subject to certain conditions further the provisions of clause (a) of sub-section (2) of said section provide that the housing project shall be approved by the competent authority after 1st june, 2016 but on or before 31st march, 2021 it is proposed to insert sub-section (1a) in the said section so as to provide for hundred per cent deductions of the profits and gains derived from the business of developing and building affordable rental housing project it is further proposed to amend clause (a) of sub-section (2) so as to allow the deduction in respect of profits and gains derived from the business of developing and building housing project for hundred per cent of the profits and gains derived from the business of developing and building such project approved by the competent authority after 1st day of june, 2016 but on or before 31st march, 2022 it is also proposed to insert a new clause (da) in sub-clause (6) to define the expression "rental housing project" these amendments will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 27 of the bill seeks to amend section 80la of the income-tax act relating to deduction in respect certain incomes of offshore banking units and international financial services centre the provisions of the said section, inter alia, provides that where the gross total income of an assessee, (i) being a scheduled bank, or, any bank incorporated by or under the laws of a country outside india; and having an offshore banking unit in a special economic zone; or (ii) being a unit of an international financial services centre, includes any income referred to in sub-section (2), there shall be allowed, in accordance with and subject to the provisions of this section, a deduction from such income, of an amount equal to (a) one hundred per cent of such income for such assessment years mentioned in sub-section(1) and sub-section(1a) of that section respectively it is proposed to amend the provisions of said sub-section (1a) so as to provide that deduction can also be claimed if permission or registration under the international financial services centre authority act, 2019 was obtained further sub-section (2) of the said section provides for the incomes which are eligible for deduction under the said section it is proposed to amend the provisions of said sub-section (2) of the said section by inserting new clause (d) so as to provide that the income from transfer of an asset ,being an aircraft or aircraft engine which was leased by a unit referred to in clause (c) to a domestic company engaged in the business of operation aircraft before such transfer subject to the condition that the unit has commenced operation on or before the 31st day of 2024 shall also be eligible for deduction further sub-section (3) of the said section provides that no deduction under that section shall be allowed unless the assessee furnishes the report by an accountant certifying correct claim of deduction and a copy of permission obtained under clause (a) of subsection (1) of section 23 of the banking regulation act, 1949 it is proposed to amend clause (ii) of sub-section (3) of the said section so as to provide that in case the unit is registered under the international financial services centre authority act, 2019 then the copy of permission shall mean a copy of the permission or registration obtained under the international financial services centre authority act, 2019 this amendment will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment year clause 28 of the bill seeks to insert a new section 89a in the income-tax act relating to relief from taxation in income from retirement benefit account maintains in a notified country the proposed new section provides that the income of a specified person from specified account shall be taxed in such manner and for such year as may be provided by rules and also defines the expressions "specified person", "specified account" and "notified country" this amendment will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 29 of the bill seeks to amend section 112a of the income-tax act relating to tax on long-term capital gains in certain cases explanation to the said section, inter alia, provides for the definition of the expression "equity oriented fund" it is proposed to amend the said explanation to the section so as to include a fund set up under a scheme of an insurance company comprising unit linked insurance policies to which exemption under clause (10d) of section 10 does not apply on account of the applicability of the fourth and fifth proviso thereof within the definition of "equity oriented fund" this amendment will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 30 of the bill seeks to amend section 115ad of the income-tax act relating to tax on income of specified fund or foreign institutional investors from securities or capital gains arising from their transfer it is proposed to amend the said section so as to provide that income of investment division of an offshore banking unit of a non-resident from securities or capital gains arising from their transfer shall also be taxed at the rate of ten per cent under the provisions of the said section it is further proposed to insert a new sub-section (1b) in the said section so as to provide investment division of an offshore banking unit, the provision of this section shall apply to the extent of income that is attributable to the investment division of such banking unit referred to in sub-clause (ii) of clause (c) to the explanation to clause (4d) of section 10 as a category-iii portfolio investor under the securities and exchange board of india (foreign portfolio investors) regulations, 2019 made under the securities and exchange board of india act, 1992, calculated in the prescribed manner it is also proposed to define the expression "investment division of an offshore banking unit" these amendments will take effect from 1st april, 2022 and will, accordingly, apply in relation to the assessment year 2022-2023 and subsequent assessment years clause 31 of the bill seeks to amend section 115jb of the income-tax act relating to special provision for payment of tax by certain company the said section provides for levy of tax on the basis of book profit which is determined after making certain adjustments to the net profit disclosed in the profit and loss account prepared in accordance with the provisions of the companies act, 2013 clause (iid) of explanation 1 of the said section provides that the amount of income in the nature of capital gains, interest, royalty or fee for technical services accruing or arising to an assessee, being a foreign company, will be reduced from the book profit if such income is credited to the statement of profit and loss and tax on such income is at a rate less than the rate specified under that section further such assessee will be allowed expenses relatable to such income mentioned in the said clause under sub-clause (b) of clause (fb) of the said explanation it is proposed to amend the said clause (fb) and clause (iid), occurring in the long line of explanation 1, so as to provide similar relief to dividend as already there for capital gains, interest, royalty and fee for technical services as provided in these clauses it is further proposed to insert a new sub-section (2d) in the said section so as to provide that where in the case of the company there is an increase in book profit of the previous year due to income of past year or years included in the book profit on account of an advance pricing agreement entered into by the assessee under section 92cc or on account of secondary adjustment required to be made under section 92ce, the assessing officer shall, on an application made to him in this behalf by the asssessee, recompute the book profit of the past year or years and tax payable, if any, by the assessee during the previous year under sub-section (1), in such manner as may be provided by rules and the provisions of section 154 shall, so far as may be, apply and the period of four years specified in sub-section (7) of that section shall be reckoned from the end of the financial year in which the said application is received by the assessing officer these amendments will take effect from 1st april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 32 of the bill seeks to amend the section 139 of the income-tax act relating to return of income the said section provides for the filing of return of income for different persons or class of persons and time-limits for doing so it is proposed to amend sub-clause (iii), in clause (a), in explanation 2, in sub-section (1) of the said section so as to provide that the due date for filing return of income for the spouse of the partner of a firm, if the governed by the provisions of section 5a of the said act, shall be 31st october of the assessment year it is further proposed to amend clause (aa) of the said explanation so as to provide that the due date for filing of return of income for partners of a firm, which is required to furnish report referred to in section 92e, shall be 30th november of the assessment year it is also proposed to amend sub-section (4) of the said section so as to provide that any person who has not furnished a return of income within the due date as per sub-section (1) of the said section may furnish a return for any previous year at any time within three months prior to the end of the relevant assessment year or before the completion of the assessment, whichever is earlier it is also proposed to amend sub-section (5) of the said section so as to provide that a return of income filed under sub-sections (1) or (4) can be revised at any time within three months prior to the end of the relevant assessment year or before the completion of the assessment, whichever is earlier it is also proposed to insert proviso before the explanation to sub-section (9) of the said section so as to provide that the board may specify, by notification, that any of the conditions specified in clauses (a) to (f) of the said explanation shall not apply to such class of assessees or shall apply with such modifications, as may be specified in such notification these amendments will take effect from lst april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 33 of the bill seeks to amend section 142 of the income-tax act relating to inquiry before assessment clause (i) of sub-section (1) of the said section empowers only the assessing officer to serve notice to an assessee requiring him to file return of income it is proposed to insert a second proviso in the said clause so as to empower the prescribed income-tax authority also to serve notice under clause (i) of sub-section (1) of the said section for the purposes of that clause this amendment will take effect from lst day of april, 2021 clause 34 of the bill seeks to amend section 143 of the income-tax act relating to assessment sub-clause (iv) of clause (a) of sub-section (1) of section 143 of the said act provides for adjustment on account of disallowance of expenditure indicated in the audit report but not taken into account in calculating the total income of the assessee it is proposed to amend the said sub-clause so as to allow for the adjustment on account of increase in income indicated in the audit report but not taken into account in computing the total income sub-clause (v) of clause (a) of sub-section (1) of the said section provides that any deduction admissible under sections 10aa, 80-ia, 80-iab, 80-ib, 80-ic, 80-id or section 80-ie, shall be allowed if the return of income is furnished on or before the due date specified under sub-section (1) of section 139 of the act it is proposed to amend the said sub-clause so as to provide that any deduction admissible under section 10 aa or under any of the provisions of chapter via under the heading "c—deductions in respect of certain incomes" shall be allowed, if the return of income is furnished on or before the due date specified under the sub-section (1) of section 139 of the said act it is also proposed to amend the said section so as to reduce the time limit specified for sending intimation under sub-section (1) from one year to nine months and to reduce the time limit for sending notice under sub-section (2) from six months to three months from the end of the financial year in which the return is furnished these amendments will take effect from 1st april, 2021 clause 35 of the bill seeks to amend section 147 of the income-tax act relating to income escaping assessment it is proposed to substitute the said section so as to provide that if any income chargeable to tax, in the case of an assessee, has escaped assessment for any assessment year, the assessing officer may, subject to the provisions of sections 148 to 153, assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for such assessment year this amendment will take effect from 1st april, 2021 clause 36 of the bill seeks to amend section 148 of the income-tax act relating to issue of notice where income has escaped assessment it is proposed to substitute the said section so as to provide that before making the assessment, reassessment or recomputation under section 147, and subject to the provisions of section 148a, the assessing officer shall serve on the assessee a notice along with a copy of order passed under clause (d) of section 148a, requiring him to furnish within such period, as may be specified in such notice, a return of his income or the income of any other person in respect of which he is assessable under this act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139, provided that no notice under the said section shall be issued unless there is information with the assessing officer which suggests that the income chargeable to tax has escaped assessment in the case of the assessee for the relevant assessment year and prior approval of the specified authority to issue such notice has been obtained by the assessing officer the proposed explanation 1 to the said section provides for the purposes of the said section and section 148a, that information which suggests that the income chargeable to tax has escaped assessment means any information flagged in the case of the assessee for the relevant assessment year in accordance with the risk management strategy formulated by the board from time to time or any final objection raised by the comptroller and auditor general of india to the effect that the assessment in the case of the assessee for the relevant assessment year has not been made in accordance with the provisions of this act the proposed explanation 2 provides that where (i) a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132a, on or after the 1st day of april,2021, in the case of the assessee; or (ii) survey is conducted under section 133a in the case of the assessee; or (iii) the assessing officer is satisfied, with the prior approval of principal commissioner or commissioner, that any money, bullion, jewellery or other valuable article or thing, seized or requisitioned in case of any other person on or after the 1st day of april, 2021, belongs to the assessee; or (iv) the assessing officer is satisfied, with the prior approval of principal commissioner or commissioner, that any books of account or documents, seized or requisitioned in case of any other person on or after the 1st day of april, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee, the assessing officer shall be deemed to have information which suggests that the income chargeable to tax has escaped assessment in the case of the assessee for the three assessment years immediately preceding the assessment year relevant to the previous year in which the search is initiated or books of account, other documents or any assets are requisitioned or survey is conducted or money, bullion, jewellery or other valuable article or thing or books of account or documents are seized or requisitioned in case of any other person the proposed explanation 3 provides that the "specified authority" shall mean the specified authority referred to in section 151 this amendment will take effect from 1st april, 2021 clause 37 of the bill seeks to insert a new section 148a in the income-tax act relating to conducting inquiry, providing opportunity before issue of notice under section 148 it is proposed to insert a new section 148a, which seeks to provide that the assessing officer shall, before issuing any notice under section 148, - (a) conduct any enquiry, if required, with the prior approval of specified authority, with respect to the information which suggests that income chargeable to tax has escaped assessment; (b) provide an opportunity of being heard to the assessee, with the prior approval of specified authority, by serving upon him a notice to show cause within such time, as may be specified in the notice, being not less than seven days but not exceeding thirty days from the date on which such notice is issued, or such time, as may be extended by him on the basis of an application in this behalf, as to why a notice under section 148 should not be issued on the basis of information which suggests that income chargeable to tax has escaped assessment in his case for the relevant assessment year and results of enquiry conducted, if any, as per clause (a); (c) consider the reply of assessee furnished, if any, in response to the showcause notice referred to in clause (b); and (d) decide, on the basis of material available on record including reply of the assessee, whether or not it is a fit case to issue a notice under section 148, by passing an order, with the prior approval of specified authority, within one month from the end of the month in which the reply referred to in clause (c) is received by him, or where no such reply is furnished, within one month from the end of the month in which time or extended time allowed to furnish a reply as per clause (b) expires, provided that the provisions of this sub-section shall not apply in a case, where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132a in the case of the assessee on or after the 1st day of april, 2021 or the assessing officer is satisfied, with the prior approval of the principal commissioner or commissioner that any money, bullion, jewellery or other valuable article or thing, seized in a search under section 132 or requisitioned under section 132a, in the case of any other person on or after the 1st day of april, 2021, belongs to the assessee; or the assessing officer is satisfied, with the prior approval of the principal commissioner or commissioner that any books of account or documents, seized in a search under section 132 or requisitioned under section 132a, in case of any other person on or after the 1st day of april, 2021, pertains or pertain to, or any information contained therein, relates to, the assessee explanation 3 to the said section provides that "specified authority" shall mean specified authority referred to in section 151 this amendment will take effect from 1st april, 2021 clause 38 of the bill seeks to amend section 149 of the income-tax act relating to time limit for notice it is proposed to substitute the said section so as to provide that no notice under section 148 shall be issued for the relevant assessment year - (a) if three years have elapsed from the end of the relevant assessment year, unless the case falls under clause (b); (b) if three years, but not more than ten years, have elapsed from the end of the relevant assessment year unless the assessing officer has in his possession books of accounts or other documents or evidence which reveal that the income chargeable to tax, represented in the form of asset, which has escaped assessment amounts to or is likely to amount to fifty lakh rupees or more for that year provided that no notice under section 148 shall be issued at any time in a case for the relevant assessment year beginning on or before 1st day of april, 2021, if such notice could not have been issued at that time on account of being beyond the time limit prescribed under the provisions of clause (b), as they stood immediately before the commencement of the finance act, 2021 further, the provisions of this section shall not apply to cases where a notice under section 153a or section 153c read with section 153a is required to be issued in relation to a search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132a on or before the 31st day of march, 2021 and for the purposes of computing the period of limitation as per this section, the time or extended time allowed to the assessee, as per show-cause notice under clause (b) of section 148a; or the period during which the proceeding under section 148a is stayed by an order or injunction of any court shall be excluded and also where immediately after the exclusion of such period, the period of limitation available to the assessing officer for passing an order under clause (d) of section 148a is less than seven days, such remaining period shall be extended to seven days and the period of limitation in sub-section (1) shall be deemed to be extended accordingly this amendment will take effect from 1st april, 2021 clause 39 of the bill seeks to substitute of a new section for section 151 relating to sanction for issue of notice it is proposed to substitute the said section so as to provide that for the purpose of section 148, specified authority shall be (i) principal commissioner of income-tax or principal director of income-tax or commissioner of income-tax or director of income-tax, if three years or less than three years have elapsed from the end of the relevant assessment year; (ii) principal chief commissioner of income-tax or principal director general of income-tax, or where there is no principal chief commissioner of income-tax or principal director general of income-tax, chief commissioner of income-tax or director general of income-tax, if more than three years have elapsed from the end of the relevant assessment year this amendment will take effect from 1st april, 2021 clause 40 of the bill seeks to amend section 151a of the income-tax act relating to faceless assessment of income escaping assessment it is proposed to amend the said section so as to provide that conducting of enquiries or issuing show-cause notice or passing order under section 148a (before issuance of notice under section 148) in the scheme to be notified as specified under the said section this amendment will take effect from 1st april, 2021 clause 41 of the bill seeks to amend section 153 of the income-tax act relating to time limit for completion of assessment, reassessment and recomputation the said section provides for the time-limit for completion of assessment, reassessment and recomputation in certain cases mentioned therein it is proposed to amend sub-section (1) of the said section to insert the third proviso so as to provide that for the assessment year commencing on or after the 1st april, 2021, the time limit for making an assessment order under sections 143 or 144 shall be reduced from the existing twenty-one months to nine months from the end of the assessment year in which the income was first assessable this amendment will take effect from lst april, 2021 clause 42 of the bill seeks to amend section 153a of the income-tax act relating to assessment in case of search or requisition it is proposed to amend the said section so as to provide that the search or requisition shall only apply where search or requisition is made on or before 31st march, 2021 consequently, assessments under section 153a and 153c shall not be made in respect of a search or requisition made on or after 1st april, 2021 this amendment will take effect from 1st april, 2021 clause 43 of the bill seeks to amend section 153c of the income-tax act relating to assessment of income of any other person it is proposed to amend the said section so as to insert sub-section (3) therein to provide that nothing contained in the said section shall apply in relation to a search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132a on or after 1st day of april, 2021 this amendment will take effect from 1st april, 2021 clause 44 of the bill seeks to amend section 194 of the income-tax act relating to dividends the said section provides for deduction of tax at source on payment of dividends by an indian company including dividends on preference shares within india the second proviso to the said section provides that the provisions of that section shall not apply to such income credited or paid to certain insurance companies or insurers it is proposed to amend the second proviso to the said section to provide that the provisions of that section shall not apply to such income credited or paid to a business trust as defined in clause (13a) of section 2 by a special purpose vehicle referred to in the explanation to clause (23fc) of section 10 or any other person as may be notified by the central government in this behalf this amendment will take effect retrospectively from 1st april, 2020 clause 45 of the bill seeks to amend section 194a of the income-tax act relating to interest other than "interest on securities" sub-section (3) of the said section provides that the provisions of sub- section (1) of that section relating to deduction of tax on income by way of interest other than interest on securities, shall not apply it is proposed to include infrastructure debt fund also within the purview of clause (x) of the said sub-section so as to provide that tax shall not be deducted on income in relation to a zero coupon bond issued by infrastructure debt fund this amendment will take effect from 1st april, 2021 clause 46 of the bill seeks to amend section 194-ib of the of the income-tax act, relating to payment of rent by certain individuals or hindu undivided family sub-section (1) of the said section provides that any person, being an individual or a hindu undivided family (other than those referred to in the second proviso to section 194- i), responsible for paying to a resident any income by way of rent exceeding fifty thousand rupees for a month or part of a month during the previous year, shall deduct an amount equal to five per cent of such income as income-tax thereon sub-section (4) of the said section provides that in a case where the tax is required to be deducted as per the provisions of section 206aa, such deduction shall not exceed the amount of rent payable for the last month of the previous year or the last month of the tenancy, as the case may be it is proposed to amend the said sub-section (4) so as to insert section 206ab for the purposes of the said sub-section this amendment will take effect from 1st july, 2021 clause 47 of the bill seeks to insert a new section 194p of the income-tax act relating to deduction of tax in case of specified senior citizen sub-section (1) of the said section seeks to provide that notwithstanding anything contained in the provisions of chapter xvii-b, in case of a specified senior citizen, the specified bank shall, after giving effect to the deduction allowable under chapter vi-a and rebate allowable under section 87a, compute the total income of such specified senior citizen for the relevant assessment year and deduct income-tax on such total income on the basis of the rates in force sub-section (2) of the said section seeks to provide that the provisions of section 139 shall not apply to a specified senior citizen for the assessment year relevant to the previous year in which the tax has been deducted under sub-section (1) explanation to the said section seeks to define the following expressions for the purposes of the said section,–– (a) "specified bank" means a banking company as the central government may, by notification in official gazette, specify; (b) "specified senior citizen" means an individual, being a resident in india– (i) who is of the age of seventy-five years or more at any time during the previous year; (ii) who is having income of the nature of pension and no other income except the income of the nature of interest received or receivable from any account maintained by such individual in the same specified bank in which he is receiving his pension income; and (iii) has furnished a declaration to the specified bank containing such particulars, in such form and verified in such manner, as may be prescribed this amendment will take effect from 1st april, 2021 clause 48 of the bill seeks to insert a new section 194q in the income-tax act relating the deduction of tax at source on payment of certain sum for purchase of goods sub-section (1) of the proposed new section seeks to provide that any person, being a buyer who is responsible for paying any sum to any resident (hereafter in this section referred to as the seller) for purchase of any goods of the value or aggregate of such value exceeding fifty lakh rupees in any previous year, shall, at the time of credit of such sum to the account of the seller or at the time of payment thereof by any mode, whichever is earlier, deduct an amount equal to 01 per cent of such sum exceeding fifty lakh rupees as incometax the explanation to the proposed sub-section (1) seeks to define "buyer" to mean a person whose total sales, gross receipts or turnover from the business carried on by him exceed ten crore rupees during the financial year immediately preceding the financial year in which the purchase of goods is carried out, not being a person, as the central government may, by notification in the official gazette, specify for this purpose, subject to such conditions as may be specified therein sub-section (2) thereof section seeks to provide that where any sum referred to in subsection (1) 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 credit of income shall be deemed to be a credit of such income to the account of the payee and the provisions of this section shall apply accordingly sub-section (3) thereof seeks to provide that if any difficulty arises in giving effect to the provisions of the said section, the board may, with the previous approval of the central government, issue guidelines for the purpose of removing the difficulty sub-section (4) thereof seeks to provide that every guideline issued by the board under sub-section (3) shall be laid before each house of parliament, and shall be binding on the income-tax authorities and the person liable to deduct tax sub-section (5) thereof seeks to provide that the provisions of the proposed section shall not apply to a transaction on which–– (a) tax is deductible under any of the provisions of this act; and (b) tax is collectible under the provisions of section 206c other than a transaction to which sub-section (1h) of section 206c applies this amendment will take effect from 1st july, 2021 clause 49 of the bill seeks to amend section 196d of the income-tax act relating to income of foreign institutional investors from securities sub-section (1) of the said section provides for deduction of tax on any income referred to in clause (a) of sub-section (1) of section 115ad, not being income by way of interest referred to in section 194ld of the income-tax act, payable to a foreign institutional investor, being the person responsible for making the payment, at the rate of twenty per cent it is proposed to insert a proviso to the said sub-section so as to provide that where an agreement referred to in sub-section (1) of section 90 or sub-section (1) of section 90a applies to the payee and if the payee has furnished a certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90a, as the case may be, then, income tax thereon shall be deducted at the rate of twenty per cent or at the rate or rates of income-tax provided in such agreement for such income, whichever is lower this amendment will take effect from 1st april, 2021 clause 50 of the bill seeks to amend section 206aa of the income-tax act relating to requirement to furnish permanent account number sub-section (1) of the said section provides that notwithstanding anything contained in any other provisions of this act, any person entitled to receive any sum or income or amount, on which tax is deductible under chapter xviib (hereafter referred to as deductee) shall furnish his permanent account number to the person responsible for deducting such tax (hereafter referred to as deductor), failing which tax shall be deducted at the higher of the following rates namely, at the rate specified in the relevant provision of this act; or at the rate or rates in force; or at the rate of twenty per cent it is proposed to insert the second proviso so as to provide that where the tax is required to be deducted under section 194q, the provisions of clause (iii) shall apply as if for the words "twenty per cent", the words "five per cent" had been substituted this amendment will take effect from 1st july, 2021 clause 51 of the bill seeks to insert section 206ab of the income-tax act relating to the deduction of tax at source on non-filers of income-tax return sub-section (1) of the proposed new section 206ab seeks to provide that notwithstanding anything contained in any other provisions of this act, where tax is required to be deducted at source under the provisions of chapter xviib, other than sections 192, 192a, 194b, 194bb, 194lbcor 194n on any sum or income or amount paid, or payable or credited, by a person (hereafter referred to as deductee) to a specified person, the tax shall be deducted at the higher of the following rates, namely, at twice the rate specified in the relevant provision of the act; or at twice the rate or rates in force; or at the rate of five per cent sub-section (2) thereof seeks to provide that if the provision of section 206aa is applicable to a specified person, in addition to the provision of this section, the tax shall be deducted at higher of the two rates provided in this section and in section 206aa sub-section (3) thereof seeks to define the expression "specified person" to mean a person who has not filed the returns of income for both of the two assessment years relevant to the two previous years immediately prior to the previous year in which tax is required to be deducted, for which the time limit of filing return of income under sub-section (1) of section 139 has expired; and the aggregate of tax deducted at source and tax collected at source in his case is rupees fifty thousand or more in each of these two previous years proviso to proposed sub-section (3) seeks to provide that the specified person shall not include a non-resident who does not have a permanent establishment in india explanation to the said section seeks to provide that for the purposes of this sub-section the expression "permanent establishment" includes a fixed place of business through which the business of the enterprise is wholly or partly carried on this amendment will take effect from 1st july, 2021 clause 52 of the bill seeks to insert section 206cca of the income-tax act relating to specified provisions for the collection of tax at source on non-filers of income-tax return sub-section (1) of the proposed new section 206cca seeks to provide that notwithstanding anything contained in any other provisions of this act, where tax is required to be collected at source under the provisions of chapter xvii-bb, on any sum or amount received by a person (hereafter referred to as collectee) from a specified person, the tax shall be collected at the higher of the following two rates, namely, at twice the rate specified in the relevant provision of the act; or at the rate of five per cent sub-section (2) thereof seeks to provide, that if the provision of section 206cc is applicable to a specified person, in addition to the provision of this section, the tax shall be collected at higher of the two rates provided in this section and in section 206cc sub-section (3) thereof seeks to define "specified person" tomean a person who has not filed the returns of income for both of the two assessment years relevant to the two previous years immediately prior to the previous year in which tax is required to be collected, for which the time limit of filing return of income under sub-section (1) of section 139 has expired; and the aggregate of tax deducted at source and tax collected at source in his case is rupees fifty thousand or more in each of these two previous years proviso to the proposed sub-section (3) provides that the specified person shall not include a non-resident who does not have a permanent establishment in india explanation to the said section seeks to provide that for the purposes of this sub-section the expression "permanent establishment" includes a fixed place of business through which the business of the enterprise is wholly or partly carried on this amendment will take effect from 1st july, 2021 clause 53 of the bill seeks to amend section 234c of the income-tax act relating to interest for deferment of advance tax the first proviso to sub-section (1) of the said section provides for categories of incomes for which there will be no charge of interest under the said section, in the event of failure to estimate such incomes resulting in a shortfall in the advance tax payments and tax due has been paid in the subsequent advance tax instalments it is proposed to substitute clause (d) of the first proviso to said sub-section to include dividend income along with capital gains therein, so as to provide that the interest under the said section shall not be applicable to any shortfall in the payment of the tax due on the returned income where such shortfall is on account of under-estimate or failure to estimate dividend it is further proposed to insert explanation 2 in the said sub-section to define the term "dividend" these amendments will take effect from lst april, 2021 and will, accordingly, apply in relation to the assessment year 2021-2022 and subsequent assessment years clause 54 of the bill seeks to amend the chapter xix-a of the income-tax act relating to settlement of cases by the income-tax settlement commission (itsc) it is proposed to amend section 245a of the said act to define various expressions such as "interim board" shall mean interim board for settlement constituted under section 245aa, "member of the interim board" shall mean a member of the interim board and "pending application" shall mean an application which was filed under section 245c and which was not declared invalid under sub-section (2c) of section 245d and no order under sub-section (4) of section 245d was issued on or before the 31st day of january, 2021 with respect to such application for the purposes of this chapter this amendment will take effect retrospectively from lst february, 2021 clause 55 of the bill seeks to insert a new section 245aa of the income-tax act so as to provide for constitution of one or more interim board for settlement of pending applications and to provide that every interim board shall consist of three members, each being an officer of the rank of chief commissioner if the members of the interim board differ in opinion on any point, the point shall be decided according to the opinion of majority this amendment will take effect retrospectively from lst february, 2021 clause 56 of the bill seeks to amend section 245b of the said act so as to provide that the income tax settlement commission shall cease to operate on or after the 1st day of february, 2021 this amendment will take effect retrospectively from lst february, 2021 clause 57 of the bill seeks to amend section 245bc of the said act so as to provide that the existing provisions of the said section shall not apply on or after the 1st day of february, 2021 this amendment will take effect retrospectively from lst february, 2021 clause 58 of the bill seeks to amend section 245bd of the said act so as to provide that the existing provisions of the said section shall not apply on or after the 1st day of february, 2021 this amendment will take effect retrospectively from lst february, 2021 clause 59 of the bill seeks to amend section 245c of the said act so as to provide that no application shall be made under this section on or after 1st day of february, 2021 this amendment will take effect retrospectively from lst february, 2021 clause 60 of the bill seeks to amend section 245d of the said act so as to provide that where an order was required to be passed on an application made under sub-section (2c) of the said section on or before the 31st day of january, 2021 and has not been passed till such date, such application shall be deemed to be valid it is further proposed to amend sub-section (6b) to provide that any order passed under sub-section (4) may be amended and specific reference to any amendment made by settlement commission be omitted it is further proposed to insert sub-section (9) to provide that on and from the 1st day of february, 2021, the provisions of sub-sections (1), (2), (2b), (2c), (3), (4), (4a), (5), (6) and section (6b) shall apply to pending applications allotted to the interim board further, for the purposes of the said section the date referred to in sub-section (2) of section 245m shall be taken as the date on which the application was made and received under section 245c and where the time-limit for amending any order or filing of rectification application as per subsection (6b) of the said section expires on or after the 1st day of february, 2021, the period of limitation shall exclude the period commencing from the 1st february, 2021 and ending on the end of the month in which the interim board is constituted however, in cases where the remaining period is less than sixty days the same shall be deemed to have been extended to sixty days it is also proposed to insert sub-section (10) so as to provide that the provisions of sub-sections (6a) and (7) shall have effect as if for the words "settlement commission", the words "settlement commission or interim board of settlement" it is also proposed to insert sub-sections (11), (12) and (13) in the said section so as to, inter alia, provide for a scheme, by notification in the official gazette, for the disposal of pending applications by the interim board proposed sub-section (11) provides that the central government may make a scheme, by notification in the official gazette, for the purposes of settlement in respect of pending applications by the interim board, so as to impart greater efficiency, transparency and accountability by eliminating the interface between the interim board and the assessee in the course of proceedings to the extent technologically feasible, optimising utilisation of the resources through economies of scale and functional specialisation and introducing a mechanism with dynamic jurisdiction proposed sub-section (12) provides that the central government may, for the purposes of giving effect to the scheme made under sub-section (11), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification provided no direction shall be issued after the 31st day of march, 2023 proposed sub-section (13) provides that every notification issued under sub-section (11) and sub-section (12) shall, as soon as may be after the notification is issued, be laid before each house of parliament clauses 61, 62, 63 and 64 of the bill seeks to amend sections 245dd, 245f, 245g and 245h of the income-tax act so as to provide that the powers and functions of settlement commission under the said sections shall be exercised or performed by the interim board on or after the 1st day of february, 2021 and all the provisions of the said sections shall mutatis mutandis apply to interim board as they applied to settlement commission these amendments will take effect retrospectively from lst february, 2021 clause 65 of the bill seeks to insert new section 245m in the income-tax act so as to provide that the assessee an option to withdraw his application made under section 245c proposed sub-section (1) thereof, inter alia, provides that the assessee who had filed an application which is pending before the interim board has the option to withdraw such application within three months from the date of commencement of finance act, 2021 and intimate the assessing officer about such withdrawal in the manner prescribed however, if such option is not exercised by the assessee within the time allowed, the pending application shall be deemed to have been received by the interim board on the date on which it is allotted or transferred to it the board may, by an order, allot or transfer any pending application from one interim board to another and upon allotment or transfer of a pending application to an interim board, all records, documents or evidences with the settlement commission, shall be deemed to be the records before such interim board proposed sub-section (5) of the said section provides that where an assessee withdraws his application, the proceedings with respect to such application shall abate on the date of withdrawal and the assessing officer or any other income-tax authority before whom the proceedings were pending prior to the application shall dispose the case in accordance with the provisions of the said act and in such case, for the purposes of the time-limit under sections 149, 153, 153b, 154 and 155 and for the purposes of payment of interest under section 243 or 244 or 244a, for making the assessment or re-assessment, the period commencing on and from the date of the application to the settlement commission under section 245c and ending with the date of withdrawal of application shall be excluded it is also proposed to provide that the income-tax authority shall not be entitled to use the material and other information produced by the assessee before the settlement commission or the results of the inquiry held or evidence recorded by the settlement commission in the course of proceedings before it and the preceding conditions shall not apply in relation to the material and other information collected, or results of the inquiry held or evidence recorded by income-tax authority during the course of any other proceeding under this act irrespective of whether such material or other information or results of the inquiry or evidence were also produced by the assessee or such income-tax authority before the settlement commission this amendment will take effect retrospectively from lst february, 2021 clause 66 of the bill seeks to insert a new chapter xix-aa containing section 245ma in the income-tax act, 1961 relating to dispute resolution committee in certain cases sub-section (1) of said section seeks to provide that the central government shall constitute, one or more dispute resolution committee, as may be necessary, in accordance with the rules made under this act, for dispute resolution in the case of such persons or class of persons, as may be specified by the board, and who may opt for dispute resolution under this chapter in respect of dispute arising from any variation in the specified order in his case for an assessment year and who fulfils the specified conditions sub-section (2) of said section seeks to provide that the dispute resolution committee, subject to such conditions, as may be prescribed, shall have the powers to reduce or waive any penalty imposable under this act or grant immunity from prosecution for any offence punishable under this act in case of a person whose dispute is resolved under this chapter sub-section (3) of said section seeks to provide that central government may make a scheme, by notification in the official gazette, for the purposes of dispute resolution under this chapter, so as to impart greater efficiency, transparency and accountability by eliminating the interface between the dispute resolution committee and the assessee in the course of dispute resolution proceedings to the extent technologically feasible; optimising utilisation of the resources through economies of scale and functional specialisation; introducing a dispute resolution system with dynamic jurisdiction sub-section (4) of said section seeks to provide that the central government may, for the purposes of giving effect to the scheme made under sub-section (3), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification however, no direction shall be issued after the 31st day of march, 2023 sub-section (5) of section 245ma seeks to provide that every notification issued under sub-section (3) and sub-section (4) shall, as soon as may be after the notification is issued, be laid before each house of parliament explanation to section 245ma seeks to provide that the "specified conditions" in relation to a person means a person who is not a person in respect of whom an order of detention has been made under the provisions of the conservation of foreign exchange and prevention of smuggling activities act, 1974 or in respect of whom prosecution for any offence punishable under the provisions of the indian penal code, 1860, the unlawful activities (prevention) act, 1967, the narcotic drugs and psychotropic substances act, 1985, the prohibition of benami transactions act, 1988, the prevention of corruption act, 1988 or the prevention of money laundering act, 2002 has been instituted or such person has been convicted of any offence punishable under any of those acts; or in respect of whom prosecution has been initiated by an income-tax authority for any offence punishable under the provisions of this act or the indian penal code or for the purpose of enforcement of any civil liability under any law for the time being in force, or such person has been convicted of any such offence consequent to the prosecution initiated by an income-tax authority or who is notified under section 3 of the special court (trial of offences relating to transactions in securities) act, 1992 or who fulfils such other conditions, as may be prescribed also, "specified order" means such order, including draft order, as may be specified by the board, and, aggregate sum of variations proposed or made in such order does not exceed ten lakh rupees; such order is not based on search initiated under section 132 or requisition under section 132a in the case of assessee or any other person or survey under section 133a or information received under an agreement referred to in section 90 or section 90a; where return has been filed by the assessee for the assessment year relevant to such order, total income as per such return does not exceed fifty lakh rupees this amendment will take effect from the 1st day of april, 2021 clause 67 of the bill seeks to amend section 245n of the income-tax act relating to definitions it is proposed to omit sub-clauses (b), (c) and (d) of said section with effect from such date as may be appointed by the central government by notification in the official gazette it is further proposed to amend clause (c) of said section so as to insert the words "or the board for advance rulings" it is also proposed to insert clause (ca) to said section so as to provide definitions of board for advance rulings and members of the board for advance rulings this amendment will take effect from 1st april, 2021 clause 68 of the bill seeks to amend section 245-o of the income-tax act relating to authority for advance rulings it also proposed to insert a proviso in the sub-section (1) of said section so as to provide that the authority constituted under the said sub-section shall cease to operate on and from such date as may be appointed by the central government by notification in the official gazette this amendment will take effect from 1st april, 2021 clause 69 of the bill seeks to insert a section 245-ob relating to board for advance rulings so as to provide that the central government shall constitute one or more board for advance rulings, as may be necessary, for giving advance rulings under this chapter on or after such date as may be appointed by the central government by notification in the official gazette the board for advance rulings constituted shall consist of two members, each being an officer not below the rank of chief commissioner, as may be nominated by the board this amendment will take effect from 1st april, 2021 clause 70 of the bill seeks to amend section 245p of the income-tax act relating to vacancies, etc, not to invalidate proceedings it is proposed to insert sub-section (2) in the said section so as to provide that on and from the notified date, the provisions of the said section shall have effect as if for the words "authority", the words "board for advance rulings" had been substituted this amendment will take effect from 1st april, 2021 clause 71of the bill seeks to amend section 245q of the income-tax act relating to application for advance ruling it is proposed to amend sub-section (1) of said section so as to omit the portion "or under chapter iiia of the central excise act, 1944 under chapter va of the finance act, 1994" with effect from such date as may be appointed by the central government by notification in the official gazette it is further proposed to insert sub-section (4) so as to provide where an application was made under the said section before the notified date but in respect of which no order under sub-section (2) of section 245r has been passed or advance ruling under sub-section (4) of section 245r has been pronounced before such date, such application along with all the relevant records, documents or material, by whatever name called, on the file of the authority shall be transferred to the board for advance rulings and shall be deemed to be the records before it for all purposes this amendment will take effect from 1st april, 2021 clause 72 of the bill seeks to amend section 245r of the income-tax act relating to procedure on receipt of application it is proposed to insert sub-sections (8), (9), (10) and (11) so as to provide that on such date as may be appointed by the central government by notification in the official gazette, the provisions of the said section shall have effect as if for the words "authority", the words "board for advance rulings" had been substituted and the provisions of that section shall apply mutatis mutandis to the board for advance rulings as they apply to the authority further, it provides that the central government may make a scheme, by notification in the official gazette, for the purposes of giving advance ruling under chapter xix-b by the board for advance rulings, so as to impart greater efficiency, transparency and accountability by eliminating the interface between the board for advance rulings and the applicant in the course of proceedings to the extent technologically feasible; optimising utilisation of the resources through economies of scale and functional specialisation; introducing a system with dynamic jurisdiction it also provides that the central government may, for the purposes of giving effect to the said scheme, by notification in the official gazette, direct that any of the provisions of the income-tax act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification however, no direction shall be issued after 31st march, 2023 every notification so issued shall, as soon as may be after the notification is issued, be laid before each house of parliament these amendments will take effect from 1st april, 2021 clause 73 of the bill seeks to amend section 245s of the income-tax act relating to applicability of advance ruling it is proposed to amend the said section to insert sub-section (3) so as to provide that nothing contained in this section shall apply to any advance ruling pronounced under section 245r on or after on such date as may be appointed by the central government by notification in the official gazette this amendment will take effect from 1st april, 2021 clause 74 of the bill seeks to amend section 245t of the income-tax act relating to advanced ruling to be void in certain circumstances it is proposed to amend the said section so as to provide that the reference in subsection (1) to advance ruling pronounced by the authority shall be omitted by omitting the words "by it" it is also proposed to insert sub-section (3) to the said section so as to provide that on and from such date as may be appointed by the central government by notification in the official gazette the provisions of that section shall have effect as if for the word "authority", the words "board for advance rulings" had been substituted these amendments will take effect from 1st april, 2021 clause 75 of the bill seeks to amend section 245u of the income-tax act relating to powers of authority it is proposed to insert sub-section (3) to the said section so as to provide that on and from such date as may be appointed by the central government by notification in the official gazette, the powers of the authority under this section shall be exercised by the board for advance rulings and the provisions of this section shall apply mutatis mutandis to the board for advance rulings as they apply to the authority this amendment will take effect from 1st april, 2021 clause 76 of the bill seeks to amend section 245v of the income-tax act relating to procedure of authority it is proposed to insert a proviso to the said section so as to provide that nothing contained in that section shall apply on or after the notified date this amendment will take effect from 1st april, 2021 clause 77 of the bill seeks to insert a new section 245w to the income-tax act relating to appeal it is proposed to insert a new section 245w so as to provide that the applicant may, if he is aggrieved by any ruling pronounced or order passed by the board for advance rulings; or the assessing officer, on the directions of the principal commissioner or commissioner, appeal to the high court within sixty days from the date of the communication of such ruling or order, in such form and manner as may be provided by rules however, where the high court is satisfied, on an application made by the appellant in this behalf, that the appellant was prevented by sufficient cause from presenting the appeal within the period specified in sub-section (1), it may grant a further period of thirty days for filing such appeal it is also proposed that the central government may make a scheme, by notification in the official gazette, for the purposes of preferring appeal to the high court by the assessing officer, so as to impart greater efficiency, transparency and accountability by optimising utilisation of the resources through economies of scale and functional specialisation; introducing a team-based mechanism with dynamic jurisdiction it is also proposed that the central government may, for the purposes of giving effect to the said scheme, by notification in the official gazette, direct that any of the provisions of the income-tax act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification however, no direction shall be issued after 31st march, 2023every notification so issued shall, as soon as may be after the notification is issued, be laid before each house of parliament this amendment will take effect from 1st april, 2021 clause 78 of the bill seeks to amend the section 255 of the income-tax act relating to procedure of appellate tribunal it is proposed to insert sub-sections (7), (8) and (9) in the said section so as to, inter alia, provide for a scheme, by notification in the official gazette, for the disposal of appeals under that section this amendment will take effect from lst april, 2021 clause 79 of the bill seeks to amend the section 281b of the income-tax act relating to provisional attachment to protect revenue in certain cases the said section provides for the provisional attachment of any property belonging to the assessee by the assessing officer, with the prior approval of the authorities specified therein, in case of pending assessment or reassessment proceedings so as to protect the interest of revenue it is proposed to amend sub-section (1) of the said section so as to provide that the aforesaid provisional attachment of a property of the assessee may also be made during the pendency of proceedings for imposition of penalty under section 271aad where the amount or aggregate of amounts of penalty likely to be imposed under that section exceeds two crore rupees this amendment will take effect from lst april, 2021 customs clause 80 of the bill seeks to amend section 2 of the customs act by inserting a new clause (7b) therein so as to define the expression "common portal" clause 81 of the bill seeks to make amendment in sub-section (3) of section 5 of the customs act so as to substitute the words and figures "chapter xv and section 108" with the words, figures, brackets and letter "chapter xv, section 108 and sub-section (1d) of section 110" for indicating the powers of the commissioner (appeals) clause 82 of the bill seeks to insert a new sub-section (4a) in section 25 of the customs act so as to provide that the exemption to be granted subject to conditions under sub-section (1) shall, unless otherwise specified or varied or rescinded, be valid for a period upto the 31st march falling immediately after two years from the date of such grant or variation it further seeks to insert a proviso therein to provide that in respect of any such exemption in force as on the date on which the finance bill, 2021 receives the assent of the president, the said period of two years shall be reckoned from the 1st february, 2021 clause 83 of the bill seeks to insert a new section 28bb in the customs act so as to provide time limit for completion of certain actions under this act clause 84 of the bill seeks to amend sub-section (3) of section 46 of the customs act so as to ensure mandatory filing of bill of entry in advance, ie before the day of arrival (including holidays) of conveyance it further seeks to insert a proviso therein to empower the board to provide different time limits for presentation of bill of entry in such cases, as it deems fit, to ensure faster clearance clause 85 of the bill seeks to amend section 110 of the customs act and to insert a new sub-section (1d) so as to provide that where gold in any form has been seized by a proper officer under sub-section (1), he shall make the application referred to in sub-section (1b) to the commissioner (appeals) having jurisdiction, who shall, as soon as may be, allow the application and the proper officer shall thereafter dispose of the goods in such manner as the central government may determine clause 86 of the bill seeks to insert a new clause (ja) in section 113 of the customs act so as to provide that any goods entered for exportation under claim of remission or refund of any duty or tax or levy, to make a wrongful claim in contravention of the act or any other law for the time being in force shall be liable to confiscation clause 87 of the bill seeks to insert a new section 114ac in the customs act so as to provide penalty for fraudulent utilisation of input tax credit for discharging any duty or tax on goods entered for exportation under claim of refund and such penalty shall be equivalent to five times the refund claimed clause 88 of the bill also seeks to make consequential amendment in the explanation to section 139 of the customs act so as to include inventories, photographs and lists certified by the commissioner (appeals) under sub-section (1d) to the documents within the meaning of that section to give evidentiary value to such documents clause 89 of the bill seeks to amend section 149 of the customs act by inserting second and third provisos therein so as to provide that documents may be amended electronically through the customs automated system and also to enable certain amendments to be done by the importer or exporter on common portal clause 90 of the bill seeks to amend sub-section (1) of section 153 of the customs act by inserting clause (ca) therein so as to enable service of order, summons, notice or any other communication under the said act by making it available on the common portal clause 91 of the bill seeks to insert a new section 154c in the customs act so as to empower the board to notify a common portal to be called the common customs electronic portal for facilitating registration, filing of bill of entry, shipping bill, other documents and forms, payment of duty and for such other purposes as may be specified by the board customs tariff clause 92 of the bill seeks to amend sub-section (6) of section 8b of the customs tariff act to make both conditions thereunder mutually exclusive and to define the expression 'special economic zone' in the same manner as defined in the special economic zone act, 2005 (28 of 2005) clause 93 of the bill seeks to amend sub-section (1a) of section 9 of the customs tariff act to provide for retrospective levy of countervailing duty to counter circumvention it further seeks to insert a new sub-section (1b) in the said section to provide for antiabsorption measures in countervailing duty it also seeks to insert a new sub-section (2a) in that section to align it with the provisions contained in sub-section (6) of section 8b of the said act relating to safeguard measures it also seeks to amend sub-section (6) thereof to provide for further imposition of countervailing duty after review, for a period upto five years it also seeks to insert a third proviso therein so as to provide that if countervailing duty is revoked temporarily, the period of such revocation shall not be more than one year at a time clause 94 of the bill seeks to amend sub-section (1a) of section 9a of the customs tariff act to provide for retrospective levy of anti-dumping duty to counter circumvention it further seeks to insert a new sub-section (1b) in the said section to provide for antiabsorption measures in anti-dumping duty it also seeks to substitute sub-section (2a) in that section to align it with the provisions contained in sub-section (6) of section 8b of the said act relating to safeguard measures it also seeks to amend sub-section (5) thereof to provide for further imposition of anti-dumping duty after review, for a period upto five years it also seeks to insert a third proviso therein so as to provide that if anti-dumping duty is revoked temporarily, the period of such revocation shall not be more than one year at a time clause 95 of the bill seeks to amend the first schedule to the customs tariff act, 1975, so as to –– (i) revise the tariff rates in respect of certain tariff items in the manner specified in the second schedule with effect from the 2nd february, 2021; (ii) amend certain tariff entries to align with the entries in the fourth schedule to the central excise act in the manner specified in the third schedule with effect from the 1st april, 2021; (iii) harmonise certain entries with harmonised system of nomenclature and to create new tariff lines in respect of certain entries in the manner specified in the fourth schedule with effect from the 1st january, 2022 excise clause 96 of the bill seeks to amend the fourth schedule to the central excise act sub-clause (i) of the said clause seeks to revise the heading, tariff items and entries falling under the heading 2709 of chapter 27 thereof, with effect from the 1st april, 2021 in the manner specified in the fifth schedule; sub-clause (ii) of the said clause seeks to amend section heading of section iv and certain entries of chapter 24 thereof, with effect from the 1st january, 2022 in the manner specified in the sixth schedule clause 97 of the bill seeks to amend the fourth schedule to the central excise act so as to rectified errors in certain entries with retrospective effect from the 1st day of january, 2020 clause 98 of the bill seeks to revise the date of effect to the amendments made in the fourth schedule to the central excise act vide notification number gsr 978 (e), dated the 31st december, 2019, issued in exercise of powers under section 3c thereof, so as to give effect to said amendments on and from the 1st day of january, 2020 central goods and services tax clause 99 of the bill seeks to amend section 7 of the central goods and services tax act, 2017, with retrospective effect from the 1st july, 2017, by inserting a new clause (aa) in sub-section (1) thereof, so as to ensure levy of tax on activities or transactions involving supply of goods or services by any person, other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable consideration it is also proposed to insert an explanation therein, to clarify that the person or its members or constituents shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one person to another clause 100 of the bill seeks to amend section 16 of the central goods and services tax act by inserting a new clause (aa) in sub-section (2) thereof, so as to provide that input tax credit on invoice or debit note may be availed only when the details of such invoice or debit note has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note clause 101 of the bill seeks to omit sub-section (5) of section 35 of the central goods and services tax act so as to remove the mandatory requirement of getting annual accounts audited and the reconciliation statement submitted by specified professional clause 102 of the bill seeks to substitute a new section for section 44 of the central goods and services tax act so as to remove the mandatory requirement of furnishing a reconciliation statement duly audited by specified professional and to provide for filing of the annual return on self-certification basis it further empowers the commissioner to exempt a class of taxpayers from the requirement of filing the annual return clause 103 of the bill seeks to amend section 50 of the central goods and services tax act to substitute the proviso to sub-section (1) so as to charge interest on net cash liability retrospectively with effect from the 1st july, 2017 clause 104 of the bill seeks to amend section 74 of the central goods and services tax act so as to make seizure and confiscation of goods and conveyances in transit a separate proceeding from the recovery of tax clause 105 of the bill seeks to amend section 75 of the central goods and services tax act so as to insert an explanation in sub-section (12) to clarify that "self-assessed tax" shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39 clause 106 of the bill seeks to substitute sub-section (1) of section 83 of the central goods and services tax act so as to provide that provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding under chapter xii, chapter xiv or chapter xv till the expiry of a period of one year from the date of order made thereunder clause 107 of the bill seeks to insert a new proviso in sub-section (6) of section 107 of the central goods and services tax act so as to provide that no appeal shall be filed against an order made under sub-section (3) of section 129, unless a sum equal to twenty-five per cent of the penalty has been paid by the appellant clause 108 of the bill seeks to amend section 129 of the central goods and services tax act so as to delink the proceedings under that section relating to detention, seizure and release of goods and conveyances in transit, from the proceedings under section 130 relating to confiscation of goods or conveyances and levy of penalty clause 109 of the bill seeks to amend section 130 of the central goods and services tax act, so as to delink the proceedings under that section relating to confiscation of goods or conveyances and levy of penalty from the proceedings under section 129 relating to detention, seizure and release of goods and conveyances in transit clause 110 of the bill seeks to substitute section 151 of the central goods and services tax act so as to empower the jurisdictional commissioner to call for information from any person relating to any matters dealt with in connection with the act clause 111 of the bill seeks to amend sub-section (1) of section 152 of the central goods and services tax act so as to provide that no information obtained under sections 150 and 151 shall be used for the purposes of any proceedings under the act without giving an opportunity of being heard to the person concerned clause 112 of the bill seeks to amend section 168 of the central goods and services tax act so as to enable the jurisdictional commissioner to exercise powers under section 151 to call for information clause 113 of the bill seeks to omit paragraph 7 of schedule ii to the central goods and services tax act, with retrospective effect from the 1st day of july, 2017, consequent to the amendments made in section 7 integrated goods and services tax clause 114 of the bill seeks to amend section 16 of the integrated goods and services tax act, 2017 so as to make provisions for restricting the zero rated supply on payment of integrated tax only to specified class of taxpayers or specified supplies of goods or services it further provides to link the foreign exchange remittance in case of export of goods with refund and further restricting zero rating of supplies made to special economic zone only when such supplies are for authorised operations agriculture infrastructure and development cess clause 115 of the bill seeks to provide for levy and collection of agriculture infrastructure and development cess as duty of customs, on goods specified in the first schedule to the customs tariff act, being goods imported into india, at the rate not exceeding the rate of customs duty as specified in the said schedule for the purposes of the union for financing the agriculture infrastructure and other development expenditure clause 116 of the bill seeks to provide for levy and collection of agriculture infrastructure and development cess as an additional duty of excise, on excisable goods specified in the seventh schedule, at the rate specified in the said schedule, for the purposes of the union for financing the agriculture infrastructure and other development expenditure miscellaneousclause 117 of the bill seeks to insert a new section 8g in the indian stamp act, 1899 to provide that strategic sale, disinvestment, etc, of immovable property by government company shall not be liable to stamp duty clause 118 of the bill seeks to insert a new sub-section (3) in section 2 of the contingency fund of india act, 1950 relating to enhancement of the contingency fund of india so as to enhance the corpus of the fund from five hundred crores of rupees, as at present, to thirty thousand crores of rupees by transfer of an additional amount of twenty nine thousand five hundred crores of rupees from the consolidated fund of india to the contingency fund of india this amendment will take effect from the date on which the finance bill, 2021 receives the assent of the president clauses 119 to 137 of the bill seek to amend certain provisions of the life insurance corporation act, 1956 (hereinafter referred to as "the lic act") it is proposed to amend section 2 of the lic act so as to insert new clauses to define the expressions "audit committee", "board of directors" or "board", "chairperson", "companies act", "court", "director", "financial statement", "fully diluted basis", "independent director", "managing director", "nomination and remuneration committee", "notification" and "special resolution", to amend the definition of expression "member", and to provide that the words and expressions not defined in the lic act or in the insurance act, 1938 but defined in the companies act, 2013, shall have the meanings respectively assigned to them in the companies act, 2013 these amendments are consequential to the other amendments proposed to the lic act it is further proposed to substitute section 4 of the lic act, to provide for the vesting of the general superintendence and direction of the affairs and business of the life insurance corporation of india (hereinafter referred to as "lic") in its board of directors, the composition thereof, the appointment or nomination of directors thereon, and deeming of members constituting lic immediately before the coming into force of this section as directors under the substituted section 4, in order to bring the provisions relating to corporate governance in alignment with the requirements under the securities and exchange board of india (listing obligations and disclosure requirements) regulations, 2015 made by the securities and exchange board of india under the provisions of the securities and exchange board of india act, 1992, and thereby enabling the listing of lic on recognised stock exchanges and making of an initial public offer, through which government may sell its shares in lic it is also proposed to insert new sections 4a, 4b, 4c and 4d in the lic act to provide for disqualifications to be a director, disclosure of interest by director and senior management, related party transactions and adjudication of penalties for contravention or violation liable to penalty under the lic act, in order to bring the provisions relating to corporate governance in alignment with listing requirements it is also proposed to substitute section 5 of the lic act, to provide for lic's capital, issue of equity shares to the central government in consideration for paid-up equity capital provided by the central government to lic before the coming into force of the new section, application of premiums received on issue of lic's shares, increase or reduction of share capital by the central government, making of reservation on a competitive basis in favour of lic's life insurance policyholders who may be offered shares at a price lower than that offered to public, eligibility of all lic shares acquired by the central government during three years preceding an initial public offer for computation of minimum promoter's contribution and of all fully paid-up equity shares of lic held by the central government for an offer of sale by way of an initial public offer notwithstanding any ineligibility for such computation or any condition for a minimum holding period under any law for the time being in force, and issuing of other securities by lic for raising funds to meet its business requirements these amendments will enable issue of shares to the central government against paid-up capital invested by it in lic as well as issue of bonus shares to the central government, which could be offered for sale by way of an initial public offer, with resultant receipt of money into the consolidated fund of india it is also proposed to insert new sections 5a, 5b, 5c, 5d, 5e and 5f in the lic act, to provide respectively for transferability of shares, voting rights, register of members, declaration in respect of beneficial interest in shares, deeming of lic's shares to be securities and right of registered shareholders to nominate, in order to bring the provisions relating to share transfer, rights of shareholders including voting in shareholder meeting, disclosure of beneficial interest in securities and recognition of securities as shares in alignment with the requirements under the securities contract (regulation) act, 1956 and listing requirements it is also proposed to substitute section 19 of the lic act to provide for the constitution, composition and powers of the executive committee of the board, in order to bring the provisions relating to corporate governance in alignment with listing requirements it is also proposed to insert new sections 19a, 19b, 19c and 19d in the lic act to provide for the constitution, composition and the powers, functions and duties of various committees of the board, in order to bring the provisions relating to corporate governance in alignment with listing requirements it is also proposed to substitute section 20 of the lic act to provide for entrustment and delegation of powers and duties of the chairperson and managing directors of lic by its board, in order to bring the provisions relating to corporate governance in alignment with listing requirements it is also proposed to amend section 22 of the lic act to omit the existing provision under sub-section (2) for constitution of a board in each zone of lic and to amend the existing provision for a "member" of lic (who corresponds to a director under the proposed amendments) to be a zonal manager of lic, consequential to proposed constitution of board of lic under the substituted section 4 and the disqualification to be a director under clause (l) of the new section 4a it is also proposed to insert new section 23a in the lic act, to provide for annual general meeting and other general meetings of registered shareholders of lic, in order to bring the provisions relating to the rights of lic's shareholders in alignment with listing requirements it is also proposed to substitute section 24 of the lic act, to provide for lic having a multiplicity of funds, establishment of reserves and maintenance of separate funds for participating and non-participating policyholders of lic, which are matters incidental to the proposed new sections 28, 28b and 28c it is also proposed to insert new sections 24a, 24b, 24c and 24d in the lic act, to provide respectively for books of account, financial statements, board's report and penalties for contravention by person charged with the duty of complying with the provisions of new sections 24a or 24b or 24c, in order to bring the provisions relating to the integrity of lic's accounting and financial reporting systems, control systems and compliance with the law and relevant standards in alignment with listing requirements it is also proposed to substitute section 25 of the lic act, to provide for appointment of auditors, and bring the provisions relating to the integrity of lic's audit, accounting standards and compliance with the law and relevant standards in alignment with listing requirements it is also proposed to insert new sections 25a, 25b, 25c and 25d in the lic act, to provide respectively for removal and resignation of auditor, powers and duties of auditor and auditor's report, internal auditor and special auditor, in order to bring the provisions relating to the integrity of lic's audit, accounting standards and compliance with the law and relevant standards in alignment with listing requirements it is also proposed to amend section 26 of the lic act to provide for substitution of the reference to the corporation with reference to the board, consequential to constitution of the board of lic under the proposed amended section 4 in place of the constitution of the corporation under the existing section 4 it is also proposed to amend section 27 of the lic act, to omit the provisions relating to giving in the annual report an account of activities likely to be taken by lic in the next financial year, in order to bring the provisions relating to the annual report in alignment with listing requirements it is also proposed to substitute section 28 of the lic act, to provide for the allocation to or reservation for registered shareholders of one hundred per cent of the surplus relating to non-participating policyholders in every financial year's surplus, in addition to up to ten per cent of the surplus relating to participating policyholders, as against a maximum of ten per cent of the total surplus under the existing section 28, representing enhancement in money receivable into the consolidated fund of india on account of such increased allocation or reservation it is also proposed to amend section 28a and insert new sections 28b and 28c in the lic act, to make provisions regarding the declaration of dividend and crediting of unclaimed and unpaid dividend amount to an unpaid dividend account, in order to bring the provisions relating to dividends in alignment with listing requirements and consequential to the provision under the proposed new section 5 for issue of equity share capital to persons other than the central government it is also proposed to substitute section 46 of the lic act, to provide that defects in constitution of the board and committees thereof, or in appointment or nomination of directors, will not invalidate their acts or proceedings, which are matters incidental to the proposed creation of the board and its committees under the proposed new sections 4, 19, 19a, 19b, 19c and 19d it is also proposed to substitute section 47 in the lic act, to provide for protection of action taken by a director other than a whole-time director, which are matters incidental to the provision for independent, elected and other categories of non-whole-time directors under the proposed new section 4 it is also proposed to amend sub-section (2) of section 48 of the lic act, to provide for making of rules by the central government relating to various matters that are either incidental to or consequent upon the various other amendments proposed in this part it is also proposed to amend section 49 of the lic act, to provide for making of regulations by the board of lic relating to various matters that are either incidental or consequent upon the various other amendments proposed in this part it is also proposed to insert new sections 50 and 51 in the lic act to provide for the form, manner, etc for companies to apply with modifications to lic, and to provide for the power of the central government to remove difficulties by order published in the official gazette, which are matters incidental to the various other amendments proposed in this part these amendments will take effect from such dates as the central government may, by notification in the official gazette, appoint clauses 138 to 140 of the bill seeks to amend the provisions of the securities contracts (regulation) act, 1956 it is proposed to define the expression "pooled investment vehicle" it is further proposed to clarify that debt securities and such other marketable securities as well as the units issued by pooled investment vehicles are "securities" it is also proposed to insert a new section 30b in the said act to specify that a pooled investment vehicle, whether constituted as a trust or otherwise, shall be eligible to borrow and issue debt securities and shall be permitted to provide security interest to lenders, in terms of the facility documents, entered into by such pooled investment vehicles it further provides that in case of default, the lenders shall recover the defaulted amount against the trust assets, by initiating proceedings against the trustee acting on behalf of the pooled investment vehicle, and whatever remains after paying the lenders shall be remitted to the unit holders these amendments will take effect from 1st april, 2021 clause 141 of the bill seeks to amend sub-section (3) of section 8 of the central sales tax act, 1956 by substituting clause (b) thereof, so as to exclude therefrom the goods used in the telecommunication network or in mining or in generation or distribution of electricity or any other form of power clauses 142 to 147 of the bill seeks to amend certain provisions of the prohibition of benami property transactions act, 1988 clause (1) of section 2 of the act provides for the definition of the expression adjudicating authority it is proposed to amend said clause so as to substitute words "referred to in" for the words "appointed under" section 7 of the said act empowers the central government to appoint one or more adjudicating authority by notification to exercise jurisdiction, powers and authority conferred by or under that act it is further proposed to substitute the said section 7 so as to provide that the competent authority constituted under sub-section (1) of section 5 of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 shall be the adjudicating authority to exercise jurisdiction, powers and authority conferred by or under this act it is also proposed to consequentially omit sections 8 to 17 of the said act it is also proposed to amend sub-section (7) of section 26 of the said act so as to provide that where the time limit for passing an order provided therein expires during the period beginning from 1st july, 2021 and ending on 29th september, 2021, the time limit for passing such order shall be extended to 30th september, 2021 it is also proposed to consequentially omit clauses (b) and (c) of sub-section (2) of section 68 of the said act these amendments will take effect from 1st july, 2021 clause 148 of the bill seeks to amend section 12 of the securities and exchange board of india act, 1992 relating to regulation of stock-brokers, sub-brokers, share transfer, agents, etc it is proposed to insert a new sub-section (1c) in the said section so as to provide that any alternative investment fund or a business trust as defined in clause (13a) of section 2 of the income-tax act, 1961, shall establish and operate only after the securities and exchange board of india grants a certificate of registration in accordance with the regulations made under the said act this amendment will take effect from 1st april, 2021 clause 149 of the bill seeks to amend section 2 of the recovery of debts due to banks and financial institutions act, 1993 relating to definitions it is proposed to amend clause (g) of the said section so as to clarify that definition of "debt" shall also include debt incurred by pooled investment vehicles as defined in clause (da) of section 2 of the securities contracts (regulation) act, 1956 this amendment is consequential in nature in view of the insertion of new section 30b in the securities contracts (regulation) act, 1956 this amendment will take effect from 1st april, 2021 clause 150 of the bill seeks to amend the seventh schedule of the finance act, 2001, with effect from 1st january, 2022 clause 151 of the bill seeks to amend the provisions of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 it is proposed to amend clause (f) of sub-section (1) of the said section so as to clarify that the definition of "borrower" in the said act shall also include a pooled investment vehicle, consequent to insertion of section 30b in the securities contracts (regulation) act, 1956 further, the definition of secured creditor is being expanded to include debenture trustee appointed by a pooled investment vehicle also by removing the limitation of appointment of a debenture trustee by a company this amendment will take effect from 1st april, 2021 clauses 152 and 153 of the bill seeks to amend the industrial development bank (transfer of undertaking and repeal) act, 2003 it is proposed to amend section 3 of the said act so as to provide that the existing provision under the first proviso to clause (a) of sub-section (2) of section 3 of the said act to the effect that the industrial development bank of india limited shall not be required to obtain licence under section 22 of the banking regulation act, 1949, shall cease to be in operation immediately after the commencement of part… of the finance act, 2021, and that, from such commencement, the industrial development bank of india limited shall be deemed to have obtained a licence under the said section 22, which will be a condition precedent to disinvestment of government's stake in said bank resulting in receipts to government these amendments will take effect from such date as the central government may, by notification in the official gazette appoint clause 154 and 155 of the bill seeks to amend section 97 of the finance act (no2) act, 2004 chapter-vii of the said act provides for securities transaction tax it is proposed to amend sub-clause (b) of clause (13) of section 97 of the said act so as to include sale or surrender or redemption of a unit of an equity oriented fund to the insurance company, on maturity or partial withdrawal, with respect to unit linked insurance policy issued by such insurance company on or after 1st february, 2021, under the definition of "taxable securities transaction" it is further proposed to insert clause (13a) to the said section define the expression "unit linked insurance policy" these amendments will take effect retrospectively from 1st february, 2021 clause 156 of the bill seeks to amend section 98 of the finance act (no2) act, 2004 it is proposed to insert serial number 5a and entries relating thereto in the table in section 98 so to provide that the rate for sale or surrender or redemption of a unit of an equity oriented fund to an insurance company, on maturity or partial withdrawal, with respect to unit linked insurance policy issued by such insurance company on or after 1st february, 2021 this amendment will take effect retrospectively from 1st february, 2021 clauses 157 and 158 of the bill seeks to amend sections 100 and 101 of the finance act (no2) act, 2004 it is proposed to consequentially amend sections 100 and 101 of the said act so as to include insurance company within their purview this amendment will take effect retrospectively from 1st february, 2021 clause 159 of the bill seeks to amend sections 163, 164,165a and 191 of the finance act, 2016 it is proposed to insert a proviso to sub-section (3) of section 163 of the said act to provide that the consideration received or receivable for specified services and consideration received or receivable for e-commerce supply or services shall not include the consideration, which are taxable as royalty or fees for technical services in india under the income-tax act read with the agreement notified by the central government under section 90 or section 90a of the said act it is further proposed to insert an explanation in clause (cb) of section 164 of the said act to provide that for the purpose of defining e-commerce supply or service, "online sale of goods" and "online provision of services" shall include one or more of the following online activities, namely:–– (a) acceptance of offer for sale; (b) placing of purchase order; (c) acceptance of the purchase order; (d) payment of consideration; or (e) supply of goods or provision of services, partly or wholly it is also proposed to amend sub-section (3) of section 165a of the said act to provide that consideration received or receivable from e-commerce supply or services shall include– (i) consideration for sale of goods irrespective of whether the e-commerce operator owns the goods; (ii) consideration for provision of services irrespective of whether service is provided or facilitated by the e-commerce operator these amendments will take effect retrospectively from 1st april, 2020 it is also proposed to amend section 191 of the finance act, 2016 relating to exemption from wealth-tax in respect of assets specified in declaration the said section, inter alia, provides that any excess amount of tax, surcharge or penalty paid in pursuance of a declaration made under the income declaration scheme, 2016 shall not be refundable the proviso to the said section provides that the central government may, by notification, specify a class of persons to whom the excess amount so paid shall be refundable it is proposed to amend the said proviso to provide that such excess amount of tax, surcharge or penalty paid in pursuance of a declaration made under the aforementioned scheme shall be refundable to the specified class of persons without payment of any interest this amendment will take effect retrospectively from 1st june, 2016 clause 160 of the bill seeks to amend section 2 of the direct tax vivad se vishwas act, 2020 relating to definitions it is proposed to make the following amendments in sub-section (1) of the said section, namely:–– (i) clause (a) of the said sub-section provides the definition of appellant it is proposed to amend the said clause by inserting an explanation for the removal of doubts, to clarify that the expression "appellant" shall not include and shall be deemed never to have been included a person in whose case a writ petition or special leave petition or any other proceeding has been filed either by him or by the income-tax authority or both, before an appellate forum arising out of an order of income-tax settlement commission under chapter xix-a of the income-tax act, and such petition or appeal is either pending or is disposed of; (ii) clause (j) of said sub-section provides definition of disputed tax it is further proposed to amend the said clause by inserting an explanation for the removal of doubts, to clarify that the expression "disputed tax", in relation to an assessment year or financial year, as the case may be, shall not include and shall be deemed never to have been included any sum payable either by way of tax, penalty or interest pursuant to an order passed by the income-tax settlement commission under chapter xix-a of the income-tax act; and (iii) clause (o) of the said sub-section provides for the definition of the expression "tax arrear" it is proposed to amend the said clause by inserting an explanation for removal of doubts to clarify that the expression "tax arrear" shall not include and shall be deemed never to have been included any sum payable either by way of tax, penalty or interest pursuant to an order passed by the settlement commission under chapter xix-a of the income-tax act these amendments will take effect retrospectively from 17th march, 2020 memorandum regarding delegated legislationthe provisions of the bill, inter alia, empower the central government to issue notifications and the board to make rules for various purposes as specified therein clause 3 of the bill seeks to amend section 2 of the income-tax act, 1961 relating to definitions it is proposed to amend clause (19aa) of the said section to define the term "demerger" and to insert an explanation so as to empower the central government to notify the conditions governing for public sector companies for the purpose of the said clause clause 5 of the bill seeks to amend section 10 of the income-tax act relating to incomes not included in total income it is proposed to amend clause (5) of the said section to insert a second proviso to empower the board to make rules to provide for the conditions (including the condition of incurring the amount of the expenditure within the period specified therein) to claim the exemption for the value in lieu of travel concession or assistance received for the assessment year beginning on the 1st day april, 2021 it is further proposed to amend clause (11) of the said section to empower the central government to notify in the official gazette with respect to any other provident fund to claim exemption under the said clause it is also proposed to amend clause (12) of the said section to empower the board to provide for the manner of computation of income by way of interest accrued during the previous year in the account of a person to the extent it relates to the amount or the aggregate of amounts of contribution made, by that person exceeding two lakh and fifty thousand rupees in any previous year in that fund, on or after the 1st day of april, 2021 it is also proposed to amend clause (23fe) of the said section to insert provisos and, inter alia, empowers the board to make rules to provide for the manner of calculations to the investment made in one or more of the different companies or enterprises or entities to claim exemption of income under the said clause clause 14 of the bill seeks to amend section 45 of the income-tax act relating to capital gains it is proposed to insert sub-clause (1b) in the said section so as to empower the board to make rules to provide for the manner of calculation of profits or gains received from unit linked insurance policy including bonus, to be charged under the head of capital gains clause 18 of the bill seeks to amend section 50 of the income–tax act relating to special provision for computation of capital gains in case of depreciable assets it is proposed to insert a proviso to the said section so as to empower the board to make rules to provide for the manner of determining the written down value of the block of assets and short-term capital gain, if goodwill of a business or profession form part of block of assets and depreciation has been obtained by the assesse under the act for the purposes of the said section clause 28 of the bill seeks to insert a new section 89a in the income-tax act relating to relief from taxation in income from retirement benefit account maintained in a notified country the proposed new section empowers the board to make rules to provide for the manner and year, for imposing tax on income received from a specified account by a specified person clause 31 of the bill seeks to amend section 115jb of the income-tax act relating to special provision for payment of tax by certain company it is proposed to insert sub-section (2d) therein so as to empower the board to make rules to provide for the manner of recomputing the book of profit of the past year for the purposes of payment of tax of the company, if there is any increase in book of profit in the previous year due to income of a past year included in the book profit on account of an advance pricing agreement or secondary adjustment clause 44 of the bill seeks to amend section 194 of the income-tax act relating to dividends it is proposed to amend the second proviso of the said section so as to empower the central government to notify any other person to claim exemption for the income credited or paid to a business trust by a special purpose vehicle indirect taxes clause 84 of the bill seeks to amend sub-section (3) of section 46 of the customs act so as to insert a new proviso therein to empower the board to provide by regulations different time limits for presentation of the bill of entry clause 93 of the bill seeks to amend section 9 of the customs tariff act the proposed sub-section (1b) seeks to empower the central government to provide by rules the circumstances in which absorption of countervailing duty have taken place clause 94 of the bill seeks to amend section 9a of the customs tariff act the proposed sub-section (1b) seeks to empower the central government to provide by rules the circumstances in which absorption of anti-dumping duty have taken place clause 102 of the bill seeks to amend section 44 of the central goods and services tax act so as to empower the central government to provide by rules the time within which and the form and manner in which every registered person, other than an input service distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return clause 106 of the bill seeks to amend section 83 of the central goods and services tax act by substituting sub-section (1) thereof, which empowers the central government to provide by rules the manner in which the commissioner may attach provisionally any property, including bank account, belonging to the taxable person or any person specified in sub-section (1a) of section 122 clause 108 of the bill seeks to amend section 129 of the central goods and services tax act sub-section (6) of the said section seeks to empower the central government to provide by rules the manner in which and the time within which the goods or conveyance detained or seized under that section shall be sold or disposed of clause 114 of the bill seeks to amend section 16 of the integrated goods and services tax act, 2017 sub-section (3) of the said section seeks to empower the central government to provide by rules the conditions subject to which and the safeguards and procedures in respect of which a registered person making zero rated supply shall claim refund of unutilized input tax credit on supply of goods or services or both the proviso thereto seeks to empower the central government to provide by rules the manner in which the registered person making zero rated supply of goods shall deposit the refund received 2 the matters in respect of which rules or regulations may be made or notifications or order 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 bill itself 3 the delegation of legislative power is, therefore, of a normal character _________________________ a billto give effect to the financial proposals of the central government for the financial year 2021-2022 _________________________ (smt nirmala sitharaman, minister of finance)

Parliament_bills

19228903-580a-5c48-bc63-d7824c37c95b

bill no 151 of 2015 the negotiable instruments (amendment) bill, 2015 a billfurther to amend the negotiable instruments act, 1881be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the negotiable instruments (amendment) act, 2015 short title and commencement (2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:5provided that different dates may be appointed for different provisions of this act andany reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision26 of 1881amendment of section 62 in the negotiable instruments act,1881 (hereinafter referred to as the principal act),in section 6,—(i) in the explanation i, for clause (a), the following clause shall be substituted, namely:—5'(a) ''a cheque in the electronic form" means a cheque drawn in electronic medium by using any computer resource and signed in a secure system with digital signature (with or without biometrics signature) and asymmetric crypto system or electronic signature, as the case may be;';(ii) after explanation ii, the following explanation shall be inserted, namely:—21 of 2000"explanation iii—the expressions used in this section shall have the same meanings as assigned to those expressions in the information technology act, 2000"10amendment of section 142 3 in the principal act, section 142 shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—"(2) the offence under section 138 shall be inquired into and tried only by a court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment, is situated"154 in the principal act, after section 142, the following section shall be inserted, namely:—insertion of new section 142avalidation for transfer of pending cases2 of 197420''142a (1) notwithstanding anything contained in the code of criminal procedure, 1973 or any judgment, decree, order or directions of any court, all cases arising out of section 138 which were pending in any court, whether filed before it, or transferred to it, before the commencement of the negotiable instruments (amendment) act, 2015, shall be transferred to the court having jurisdiction under sub-section (2)of section 142 as if that sub-section had been in force at all material times25(2) notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court under sub-section (1), all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were presented for payment within the territorial jurisdiction of that court3035(3) if, on the date of the commencement of the negotiable instruments(amendment) act, 2015, more than one prosecution filed by the same person against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142 before which the first case was filed as if that sub-section had been in force at all material times'' statement of objects and reasonsthe negotiable instruments act, 1881 was enacted to define and amend the law relating to promissory notes, bills of exchange and cheques the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 inserted in the negotiable instruments act, 1881(hereinafter called the said act), a new chapter xvii, comprising sections 138 to 142 with effect from 1st april, 1989 section 138 of the said act provides for penalties in case of dishonour of cheques due to insufficiency of funds in the account of the drawer of the cheque2 as sections 138 to 142 of the said act were found deficient in dealing with dishonour of cheques, the negotiable instruments (amendment and miscellaneous provisions) act, 2002, inter alia, amended sections 138, 141 and 142 and inserted new sections 143 to 147 in the said act aimed at speedy disposal of cases relating to dishonour of cheque through their summary trial as well as making them compoundable punishment provided under section 138 too was enhanced from one year to two years these legislative reforms are aimed at encouraging the usage of cheque and enhancing the credibility of the instrument so that the normal business transactions and settlement of liabilities could be ensured3 the supreme court, in its judgment dated 1st august, 2014, in the case of dashrath rupsingh rathod versus state of maharashtra and another (criminal appeal no 2287 of 2009), held that the territorial jurisdiction for dishonour of cheques is restricted to the court within whose local jurisdiction the offence was committed, which in the present context is where the cheque is dishonoured by the bank on which it is drawn the supreme court has directed that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place all other complaints (including those where the accused/respondent has not been properly served) shall be returned to the complainant for filing in the proper court, in consonance with exposition of the law, as determined by the supreme court4 pursuant to the judgment of the supreme court, representations have been made to the government by various stakeholders, including industry associations and financial institutions, expressing concerns about the wide impact this judgment would have on the business interests as it will offer undue protection to defaulters at the expense of the aggrieved complainant; will give a complete go-by to the practice /concept of 'payable at par cheques' and would ignore the current realities of cheque clearing with the introduction of cts (cheque truncation system) where cheque clearance happens only through scanned image in electronic form and cheques are not physically required to be presented to the issuing branch (drawee bank branch) but are settled between the service branches of the drawee and payee banks; will give rise to multiplicity of cases covering several cheques drawn on bank(s) at different places; and adhering to it is impracticable for a single window agency with customers spread all over india5 to address the difficulties faced by the payee or the lender of the money in filing the case under section 138 of the said act, because of which, large number of cases are stuck, the jurisdiction for offence under section 138 has been clearly defined the negotiable instruments (amendment) bill, 2015 provides for the following, namely:-—(i) filing of cases only by a court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment, is situated;(ii) stipulating that where a complaint has been filed against the drawer of a cheque in the court having jurisdiction under the new scheme of jurisdiction, all subsequent complaints arising out of section 138 of the said act against the same drawer shall be filed before the same court, irrespective of whether those cheques were presented for payment within the territorial jurisdiction of that court;(iii) stipulating that if more than one prosecution is filed against the same drawer of cheques before different courts, upon the said fact having been brought to the notice of the court, the court shall transfer the case to the court having jurisdiction as per the new scheme of jurisdiction; and(iv) amending explanation i under section 6 of the said act relating to the meaning of expression "a cheque in the electronic form", as the said meaning is found to be deficient because it presumes drawing of a physical cheque, which is not the objective in preparing "a cheque in the electronic form" and inserting a new explanation iii in the said section giving reference of the expressions contained in the information technology act, 2000 6 it is expected that the proposed amendments to the negotiable instruments act,1881 would help in ensuring that a fair trial of cases under section 138 of the said act is conducted keeping in view the interests of the complainant by clarifying the territorial jurisdiction for trying the cases for dishonour of cheques7 the bill seeks to achieve the above objectsnew delhi;arun jaitleythe 28th april, 2015 annexure extract from the negotiable instrumentsact, 1881(26 of 1881) 6 ''cheque''explanation i—for the purposes of this section, the expressions—(a) "a cheque in the electronic form" means a cheque which contains the exact mirror image of a paper cheque, and is generated, written and signed in a secure system ensuring the minimum safety standards with the use of digital signature (with or without biometrics signature) and asymmetric crypto system; ———— a billfurther to amend the negotiable instruments act, 1881————(shri arun jaitley, minister of finance)gmgipmrnd—791ls(s3)—01-05-2015

Parliament_bills

5ec1a0fb-65e5-53af-854a-a0d750fcfa10

bill no liii of 2014 the anti-hijacking bill, 2014 a billto give effect to the convention for the suppression of unlawful seizure of aircraft and for matters connected therewithwhereas a convention for the suppression of unlawful seizure of aircraft was signed at the hague on the 16th day of december, 1970;65 of 1982and whereas india acceded to the said convention and enacted the anti-hijacking act, 1982 to give effect to the provisions of the convention;and whereas india has signed the protocol supplementary to the convention at beijing on the 10th day of september, 2010 which deals with unlawful acts against civil aviation by new types of threats which require comprehensive amendments to the said act;and whereas it is considered expedient that the unlawful acts of seizure or exercise of control of aircraft which jeopardize safety of persons and property is a matter of great concern to be addressed effectively by making suitable provisions for giving effect to the convention and the protocol and for matters connected therewithbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the anti-hijacking act, 20145(2) it extends to the whole of india and, save as otherwise provided in this act, it applies also to any offence thereunder committed outside india by any personshort title, extent, application 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,––1034 of 2008(a) "agency" means the national investigation agency constituted undersection 3 of the national investigation agency act, 2008;(b) "aircraft" means any aircraft, whether or not registered in india, other than amilitary aircraft or an aircraft used in customs or police service;(c) "aircraft registered in india" means an aircraft which is for the time beingregistered in india;15(d) "convention country" means a country in which the hague convention isfor the time being in force;20(e) "hague convention" means the convention for the suppression of unlawfulseizure of aircraft signed at the hague on the 16th day of december, 1970 and includes the protocol supplementary to the convention signed at beijing on the 10th day of september, 2010;( f ) "military aircraft" means an aircraft of the naval, military, air force or any otherarmed forces of any country and includes every aircraft commanded for the time being by a person in any such force detailed for the purpose;(g) "notification" means a notification published in the official gazette25 chapter ii hijacking and connected offenceshijacking3 (1) whoever unlawfully and intentionally seizes or exercises control of an aircraft inservice by force or threat thereof, or by coercion, or by any other form of intimidation, or by any technological means, commits the offence of hijacking30(2) a person shall also be deemed to have committed the offence of hijacking specifiedin sub-section (1), if, such person––(a) makes a threat to commit such offence or unlawfully and intentionally causesany person to receive such threat under circumstances which indicate that the threat is credible; or35(b) attempts to commit or abets the commission of such offence; or (c) organises or directs others to commit such offence or the offence specified in clause (a) or clause (b) above;40(d) participates as an accomplice in such offence or the offence specified in clause (a) or clause (b) above;45(e) unlawfully and intentionally assists another person to evade investigation, prosecution or punishment, knowing that such person has committed any such offence or the offence specified in clause (a) or clause (b) or clause (c) or clause (d) above, or that such person is wanted for criminal prosecution by law enforcement authorities for such an offence or has been sentenced for such an offence(3) a person also commits the offence of hijacking, when committed intentionally, whether or not any of the offences specified in sub-section (1) or in clause (a) of sub-section (2) is actually committed or attempted, either or both of the following:–5(a) agreeing with one or more other persons to commit an offence specified insub-section (1) or in clause (a) of sub-section (2), involving an act undertaken by one of the participants in furtherance of the agreement; or(b) contributing in any manner to the commission of an offence specified insub-section (1) or in clause (a) of sub-section (2) by a group of persons acting with a common purpose and such contribution shall either—10(i) be made with the aim of furthering the general criminal activity or purposeof the group, where such activity or purpose involves the commission of such an offence; or(ii) be made in the knowledge of the intention of the group to commit suchoffence15(4) for the purposes of this act, an aircraft shall be considered to be "in service" fromthe beginning of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing and in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board204 whoever commits the offence of hijacking shall be punished––punishment for hijacking(a) with death, where such offence results in the death of a hostage or of asecurity personnel; or(b) with imprisonment for life which shall mean imprisonment for the remainderof that person's natural life and with fine,25and the movable and immovable property of such person shall also be liable to be confiscatedpunishment for acts of violence connected with hijacking5 whoever, being a person committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act of violence against any passenger or member of the crew of such aircraft, shall be punished with the same punishment with which he would have been punishable under any law for the time being in force in india if such act had been committed in india302 of 1974conferment of powers of investigations, etc6 (1) for the purposes of this act, the central government may, notwithstandinganything contained in the code of criminal procedure, 1973, by notification, confer on anyofficer of the central government or any officer of the agency, powers of arrest, investigation and prosecution exercisable by a police officer under the said code35(2) all officers of police and all officers of government are hereby required andempowered to assist the officer of the central government referred to in sub-section (1) in the execution of the provisions of this actjurisdiction407 (1) subject to the provisions of sub-section (2), where an offence under section 3 orsection 5 is committed outside india, the person committing such offence may be dealt with in respect thereof as if such offence had been committed at any place within india at which he may be found(2) no court shall take cognizance of an offence punishable under section 3 or section 5which is committed outside india unless,––(a) such offence is committed within the territory of india; (b) such offence is committed against or on board an aircraft registered in india;45(c) such offence is committed on board and the aircraft in which the offence iscommitted lands in india with the alleged offender still on board;(d) such offence is committed against or on board an aircraft which is for the timebeing leased without crew to a lessee who has his principal place of business or where he has no such place of business, his permanent residence is in india;505designated court1034 of 20082 of 1974152 of 1974offences triable by designated court202 of 197425 302 of 197435402 of 1974 2 of 1974(e) such offence is committed by or against a citizen of india; (f) such offence is committed by a stateless person whose habitual residence is in the territory of india;(g) such offence is committed by the alleged offender who is present in india but not extradited under section 11 8 (1) for the purpose of providing for speedy trial, the state government shall, with the concurrence of the chief justice of the high court, by notification, specify a court of sessions to be a designated court for such area or areas as may be specified in the notification(2) notwithstanding the provisions of sub-section (1), the special court constituted under section 11 or, as the case may be, under section 22 of the national investigation agency act, 2008 shall be the designated court for the purposes of this act in case where the power of arrest, investigation and prosecution is exercised by the agency under sub-section (1) of section 6(3) notwithstanding anything contained in the code of criminal procedure, 1973, a designated court shall, as far as practicable, hold the trial on a day-to-day basis9 (1) notwithstanding anything contained in the code of criminal procedure, 1973,–(a) all offences under this act shall be triable by the designated court referred to in section 8(b) where a person who is accused or suspected of the commission of an offence under this act is forwarded to the magistrate under sub-section (2) or sub-section (2a) of section 167 of the code of criminal procedure, 1973, such magistrate may authorise detention of such person in such custody, as he thinks fit, for a period not exceeding thirty days in the whole, where such magistrate is a judicial magistrate, and seven days in the whole, where such magistrate is an executive magistrate:provided that the magistrate may, if he considers that the detention of such person is not required,––(i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him, he shall order such person to be forwarded to the designated court having jurisdiction;(c) the designated court may exercise, in relation to the person forwarded to it under clause (b), the same power which a magistrate having jurisdiction to try a case may exercise under section 167 of the code of criminal procedure, 1973, in relation to an accused person in such case who has been forwarded to him under that section;(d) the designated court may, upon perusal of the report filled by the agency or a complaint made by an officer of the central government, or the state government, as the case may be, authorised in this behalf, take cognizance of the offence without the accused being committed to it for trial (2) when trying an offence under this act, a designated court may also try an offence other than an offence under this act, which the accused may, under the code of criminal procedure, 1973, be charged at the same trial10 save as otherwise provided in this act, the provisions of the code of criminal procedure, 1973 shall apply to the proceedings before a designated court and the person conducting a prosecution before a designated court shall be deemed to be a public prosecutorapplication of code to proceedings before designated court chapter iii miscellaneousprovisions as to extradition11 (1) the offences under section 3 and section 5 shall be deemed to have been included as extraditable offences and provided for in all the extradition treaties made by india with convention countries and which extend to, and are binding on, india on the date of commencement of this act34 of 1962(2) for the purposes of the application of the extradition act, 1962 to offences underthis act, any aircraft registered in a convention country shall, at any time while that aircraft is in service, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country510(3) none of the offences mentioned in section 3 shall be regarded, for the purposes ofextradition or mutual legal assistance, as a political offence or as an offence connected with a political offence or as an offence inspired by political motives and a request for extradition or for mutual legal assistance based on such an offence shall not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives2 of 1974provision as to bail12 (1) notwithstanding anything contained in the code of criminal procedure, 1973,no person accused of an offence punishable under this act shall, if in custody, be released on bail or on his own bond, unless,––-(a) the public prosecutor has been given an opportunity to oppose theapplication for such release; and15(b) where public prosecutor opposes the application, the designated court issatisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail2 of 197420(2) the limitations on granting of bail as specified in sub-section (1) are in addition tothe limitation under the code of criminal procedure, 1973, or any other law for the time being in force, on granting bail2 of 1974(3) nothing contained in this section shall be deemed to affect the special powers ofthe high court regarding bail under section 439 of the code of criminal procedure, 197325contracting parties to convention13 the central government may, by notification, certify as to who are the contractingparties to the hague convention and to what extent they have availed themselves of the provisions of the convention, and any such notification shall be conclusive evidence of the matters certified therein3014 (1) if the central government is satisfied that the requirements of sub-section (2)have been satisfied in relation to any aircraft, it may, by notification, direct that such aircraft shall, for the purposes of this act, be treated as registered in such convention country as may be specified in the notificationpower to treat certain aircraft to be registered in conventioncountries35(2) where the convention countries establish joint air transport operating organisations or international operating agencies, which operate aircraft which are subject to joint or international registration, shall, by appropriate means, designate for each aircraft, the country among them which shall exercise the jurisdiction and have the attributes of the country of registry for the purposes of the convention and shall give notice thereof to the secretary general of the international civil aviation organisation who shall communicate the notice to all convention countries15 no prosecution for an offence under this act shall be instituted except with the previous sanction of the central government40previous sanction necessary for prosecution16 in a prosecution for an offence under section 3 or section 5, if it is proved that–presumption as to offences under sections 3 and 5(a) the arms, ammunitions or explosives were recovered from the possession ofthe accused and there is reason to believe that such arms, ammunitions or explosives of similar nature were used in the commission of such offence; or45(b) there is evidence of use of force, threat of force or any other form ofintimidation caused to the crew or passengers in connection with the commission of such offence,the designated court shall presume, unless the contrary is proved, that the accused has committed such offenceprotection of action taken in good faith17 (1) no suit, prosecution or other legal proceeding shall lie against any person foranything which is in good faith done or intended to be done in pursuance of the provisions of this act5(2) no suit or other legal proceeding shall lie against the central government for anydamage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this act10powers of investigating officers to seize or attach property18 (1) where any officer, referred to in section 6, while conducting an inquiry orinvestigation has a reason to believe that any property, movable or immovable, or both, is relatable to the commission of the offence in relation to which such inquiry or investigation is being conducted, is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned15 (2) any order made under sub-section (1) shall have no effect unless the said order isconfirmed by an order of the designated court, within a period of forty-eight hours of its being made20(3) the designated court may either confirm or revoke the order of seizure or attachmentreferred to in sub-section (2)(4) notwithstanding the confirmation of the order by the designated court under sub-section (3), any person aggrieved by the order of attachment made under sub-section (1), may make an application to the designated court for revocation of said order within a period of thirty days from the date of confirmation of the order under sub-section (3)25confiscation and forfeiture of property19 where any order is made by the designated court under section 4 for confiscationof movable or immovable property or both, of the accused, then, such property shall stand forfeited to the government free from all encumbrances:30provided that the designated court may, during the period of such trial, order that allor any of the properties, movable or immovable, or both, belonging to the accused be attached, and in case such trial ends in conviction, then, the property so attached shall stand forfeited to government free from all encumbrances20 (1) the central government may, by notification, make rules for carrying out the provisions of this actgeneral power to make rules3540(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 successive sessions aforesaid, both houses agree in making any modification in the rule of 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 rule21 (1) the anti-hijacking act, 1982 is hereby repealedrepeal and savings65 of 1982(2) the repeal of the said act shall not affect––4550 (a) the previous operation of, or anything duly done or suffered under, or anyaction taken or purported to have been done or taken including any notification, order or notice made or issued, or any appointment, confirmation or declaration made or any authorisation granted or any document or instrument executed or any direction given, under the act so repealed, shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act; or(b) any right, privilege or obligation or liability acquired, accrued or incurredunder the said act; or (c) any penalty, forfeiture or punishment incurred in respect of any offenceunder the said act; or5 (d) any investigation, legal proceeding or remedy in respect of any such right,privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and, any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said act had not been repealed statement of objects and reasonsthe hijacking incidents which have taken place in the recent past including the hijacking of indian airlines flight no ic-814 in 1999 and the hijacking incident in the united states of america on the 11th september, 2001 have shown civilian aircrafts being used as missiles for causing mass destruction subsequent attempts worldwide to hijack aircrafts and threats by the outlawed groups or organisations have necessitated a fresh and thorough examination of the preparedness of all concerned to face such exigencies it has, therefore, become necessary to reassess the strengths and weaknesses of the existing strategies for handling such exigencies2 further, the beijing protocol, 2010 to which india is a signatory, brought out new offences, enlarging the scope of hijacking, expanding the jurisdiction and strengthening extradition and mutual assistance regimes and hence requiring comprehensive amendments to the anti hijacking act, 1982 (65 of 1982) the present law has insufficient penalties to deal with these new situations and is not deterrent enough to offenders and therefore, it is necessary to cover all aspects of hijacking by offenders and conspirators and to make the law more stringent by award of death penalty for such offences therefore, a need is felt to enact a new legislation by repealing the anti-hijacking act, 19823 the anti-hijacking bill, 2014, inter-alia, seeks—(a) to expand the scope of the definition of hijacking; (b) to define the term "in-service" so as to cover the offence against aircraft even when it is on the ground or under preparation for departure;(c) to provide capital punishment to all offenders including hijackers whose actions result in deaths of hostages and security men while carrying out the act of hijacking;(d) to provide capital punishment to conspirators and abductors, besides hijackers, for any of the offences committed under the act so that all persons involved directly or indirectly in hijacking get similar punishment;(e) to include confiscation of movable and immovable property belonging to offenders as part of the punishment;(f) to widen the provisions relating to jurisdiction and extradition; (g) to confer powers of arrest, investigation and prosecution on officers of the central government and to empower them to seize and attach the properties belonging to offenders;(h) to provide that all offences under the act shall be triable only by the designated court;4 the bill seeks to achieve the above objectsnew delhi;ashok gajapathi raju pasupati the 10th december, 2014 financial memorandumsub-clause (1) of clause 6 empowers the central government to confer on any officer of the central government with the powers of arrest, investigation and prosecution exercisable by a police officer under the code of criminal procedure, 1973 as the bill proposes to utilise the existing machinery of the government and not create any new post, no additional expenditure of recurring or non-recurring nature is envisagedsub-clause (1) of clause 8 empowers the state government to specify, by notification, and with the concurrence of the chief justice of the high court, a court of sessions to be a designated court, for the purpose of providing speedy trial therefore, no additional expenditure for this purpose is also envisagedsince the bill proposes to utilise the existing machinery of the government and existing courts as designated courts, there would not be any additional expenditure involved therefore, the provisions of the bill, if enacted and brought into operation, would not involve any additional expenditure from the consolidated fund of india memorandum regarding delegated legislationclause 20 of the bill empowers the central government to make rules, by notification, for carrying out the provisions of this actthe 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 power is, therefore, of a normal character———— a billto give effect to the convention for the suppression of unlawful seizure of aircraft and for matters connected therewith————(shri ashok gajapathi raju pasupati, minister of civil aviation)gmgipmrnd—3569rs(s3)—11122014

Parliament_bills

9b5213a2-b1bf-5184-9e96-05ef1657d758

bill no 249 of 2018 the jallianwala bagh national memorial (amendment) bill, 2018 a billfurther to amend the jallianwala bagh national memorial act, 1951be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title1 this act may be called the jallianwala bagh national memorial (amendment)act, 2018''(1) the trustees of the jallianwala bagh national memorial shall be the following, namely:––(b) the minister in-charge of culture; (c) the leader of opposition recognised as such in the house of the people or where there is no such leader of opposition, then, the leader of the single largest opposition party in that house;(d) the governor of the state of punjab;5(e) the chief minister of the state of punjab; and (f) three eminent persons to be nominated by the central government"3 for section 5 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 5"5 the trustees nominated under clause (f) of sub-section (1) of section 4 shall be trustees for a period of five years, and shall be eligible for re-nomination:10term of office of trusteesprovided that the term of office of a trustee nominated under clause (f) of sub-section (1) of section 4 may be terminated before the expiry of the period of five years by the central government without assigning any reason" statement of objects and reasonsthe jallianwala bagh national memorial act, 1951 was enacted to provide for the erection and management of a national memorial to perpetuate the memory of those killed or wounded on the 13th day of april, 1919, in jallianwala bagh, amritsar the act provides for a trust for the erection and management of the memorial and also provided for composition of the trust with certain trustees for life2 over a period of time, with the passing away of trustees appointed for life, the situation changed significantly and the government did not have proper representation on the trust therefore with a view to fill up vacancies caused on account of passing away of the trustees for life, the act was amended in the year of 2006, inter alia, to change the composition of the trust, to provide for fixed term of five years for nominated trustee and for account and audit of the trust, etc3 at present, in the composition of the trust, certain inconsistencies have been noticed there is a provision to make a party specific trustee and for the leader of opposition in the lok sabha as one of the trustees the term of nominated trustees is five years and there is no provision in the act to terminate a nominated trustee before the expiry of his term in view of the absence of designated leader of opposition in the lok sabha and a trustee being a party specific, it has been felt necessary to amend the said act to make it apolitical and also to provide for termination of nominated trustees before the expiry of their term4 in view of the above, the jallianwala bagh national memorial (amendment) bill,2018, provides for the following, namely:—(i) to delete "the president of the indian national congress" as a trustee; (ii) to make "the leader of opposition recognised as such in the house of the people or where there is no such leader of opposition, then, the leader of the single largest opposition party in that house" a trustee, in place of "the leader of opposition in the lok sabha"; and(iii) to confer power upon the central government to terminate the term of a nominated trustee before the expiry of the period of his term without assigning any reason 5 the bill seeks to achieve the above objectsnew delhi;mahesh sharmathe 17th december, 2018 annexure extracts from the jallianwala bagh national memorial act, 1951 (25 of 1951) 4 (1) the trustees of the jallianwala bagh national memorial shall be the following, namely:—trustees of the jallianwala bagh national memorial(a) the prime minister—chairperson, (b) the president of the indian national congress, (c) the minister in-charge of culture, (d) the leader of opposition in the lok sabha, (e) the governor of the state of punjab, (f) the chief minister of the state of punjab, and (g) three eminent persons to be nominated by the central government 5 the trustees nominated under clause (g) of sub-section (1) of section 4 shall be trustees for a period of five years, and shall be eligible for renominationterm of office of nominated trustees lok sabha———— a billfurther to amend the jallianwala bagh national memorial act, 1951————(shri mahesh sharma, minister of state for culture; environment, forest and climate change)mgipmrnd—2686ls(s3)—20-12-2018

Parliament_bills

5cbd0d36-c9ce-575c-a98f-e59ac112185f

bill no 21 of 191( the pondicherry appropriation (vote' on account) bill, 1984 a billto provide for the withdrawal of certiain sums from and out of the consolidated fund of the union territory of pondicherry for the services of a part of the financial year 1984-85 be it enacted by parliament in the thirty-fifth year of the republic of india as follows:-1 thrs act may be called the pondicherry appropriation (vote 'on short account) act, 1984 title s 2 from and out of the consolidated fund of the union territory of pondicherry there may be withdrawn sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sums of thirty-eight crores, fifty-1tix lakhs and two thousand rupees towards defraying the several charges which will come in cou!'se of payment 10 during the ftnancial year 1984-85 ) withdrawal of rs 38,56, 02000 from and out of the consoudated fund ot the union writory of pondicherry for the financial year 19m-85 - appropriation 3 the sums authorised to be withdrawn from and out of the consolldated fund of the union territory of pondicherry by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year pace 1, line 7,-to for "sums" read "sum i ! --wi siili ha - ft1!ilj d1i:ifu; (1'0 be/as lntrodl;lced in l0k sabha) march 12, 1984 pkaiguna 22, 1905 (saka) _~ ,,-:---r--st 2 corrigei\j1:i tim ;, , ' -·tf'j!, pon'vicl-~l"\y ,appliopi~a:doh (vo'ili o:~ agcoln'l') bill j -i'jt sums not axceeding to cha~on voted by parliament the lidated fund no of vote/ pi?i'o-services lind purpolcl i praation-ri ri ri i i 10 i iegislative auembly revenlle 10,35,000 31,000 10, 66,000 ii administrator revenue 10,000 639,000 6,3 3 collncil of ministers revenue 7,0 li,ooo 7,011,000 4 adminibtration of i jllitice revenue 17,6,5,000 '7,6 5 elections revenue 3,1 9,000 3,19,000 i 6 revenue and food revenlle 95,76,000 so,ooo g6,11 6,000 capital i 1,000 11,000 8, 90,000 7 sales tax revenue 8,90,000 ii transport revenue 11,3 i ,goo 11,31,000 go 9 secretariat revenue 311,3 11,000 311,311,000 10 district administration revenue i 1,59,4 1,59,43,000 capital 11,11 ,5,000 11,2,5,000 ii treasury and accounts aciminiltrationj revenue 110,1 110,13,000 112 police revenue 1,06,6 7,000 1,06,67,000 4, ss,ooo 4,38,000 j 1!1 jails revenue 14 stationery and printing revenlle 86,000 125, 12,5,86,000 15 retirnnent benefits revenue 53 49,000 5349000 i 3,38,00,000 10,000 ,6 public works revenue 338,10 ,000 1z,87,g6000 capital i 12,87 g6,000 ,568,3°,000 5,683 0,000 17 edllcation revenue 110,000 , capital ii 0,000 11,74911,000 18 -medical , revenue 1274,9 11,000 19 information and publicity revenue 114, 11404,000 110 labour and employment revenue 119 34000 li9,34,000 -i i - 5 a;t ro - parliament the ccmaoji total aliod da&ed fudd no sums not ezceedin, of vote/ scrvicii aad purposea voted by cbarpd on i lli ita lli liii soc:ial w rlfare revenue 1,711,811,000 1,711,811000 •• co-operation revenue 53,14,000 53,14000 10 capital 66,04,oeo 6604000 , statiatia llevenue 6,01,000 6,01,000 iif a,riculture revenue 1,110,99,000 1,11099,000 - capital 1,3f,ooo 134,000 115 animal husbandry revenue !5,88,ooo 35,88,000 15 116 fisheries revenue 40,88,000 4088000 capital 116,87,000 116,87,000 27 community develop ment re\'enue 13,45,000 1345000 capital 6,00,000 6,00,000 20 lib industries revenue 56,79000 5679,000 capi~l 80,00,000 80,00,000 119 ! el«tricity re\'enue 354,38,000 354ss000 i capital 3,511,01,000 3511,01,000 , so ports and pilotage revenue 4,711,000 4,711,000 25 i capital 111,50,000 ir50,ooo i pub/it: ddt revenue '011,'1000 1,751,000 capital 1,6311,000 1,63,71000 31 loans to govern mrnt servants c;p;lll 6544000 65>44,000 30 - -total 350994000 34101,000 ss,s6,oli,ooo __---i statement of objects and reasonsthis bill is introduced in pursuance of section 29 (1) of the government of union territories act, 1963, read with section 31 thereof and the order of the president made on the 2fth june, 1983 under section 51 of that act to p,rovide for the appropriation out of the consolidated fund of the union territory of pondicherry of the moneys required to meet the expenditure charged on the consolidated fund of the union territory of pondicher;ry and the grants made in advance by the lok sabha in respect of the estimated expenditure of the government of pondicherry for a part of the financial year 1964-85 pranab mukherjee president's recommendation under section 23 oll' the government of union territories act 1963 ,[copy of letter no f 4(44)-b(s)/83, dated the 5th march, 1984 from 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 authorise payment and appropriation of certain sums from and out of the consolidated fund of the union territory of pondicherry for the services of a part of the financial year 1984-85 recommends under sub-sections (1) and (3) of section 23 and section 31 of the government of union terri'ories act, 1963, read with the order made by him on the 24th june 1983 under section 51 of the said act, the introcru:-tion of the pondichcrry appropriation (vote on account) bill, 1984 in and the consideration of the bill by lok sabha 2 the bill will be introduced in lok sabha immediately after the demands tor gran:s 'on account' for expenditure of the union territory of pondicherry for a part of the financial year 1984-85 have been voted a billto provide for the withdrawal of certain sums from arid out of the consolidated fund of the union territbry of pondicherry for the services of a part of the financial year 1984-85 (shri pranab kumar mukher;ee, miniltler of j\nance)

Parliament_bills

f0d7805b-7e9e-5993-83ba-d13cf1140c09

the st john ambulance asso- ciation (india) transfer of funds bill, 1955(as intloducbd in lox sabba) the st john ambu~ce association (india) transfer of funds bill, 1955(as introduced in lok sabha) a billto provide for the transfer of a portion of the funds of the st john ambulance association (india) to the st john ambulance association (pakistan) be it enacted by parliament in the sixth year of the republic of india as follows:-1 this act may be called the st john ambulance association sholt title (india) transfer of funds act, 1955 ~ 2 (1) the body known as the st john ambulance association transfer of (india) or any person authorised on its behalf may, from out of the ~ol~!::s~ ~~ funds of the association, transfer to the st john ambulance asso- the st john ciation (pakistan) the amounts specified in the schedule as being t:~cla~ the share of the st john ambulance association (pakistan) which (india) 10 that association has agreed to receive for being applied to the purposes for which they were held by the st john ambulance association (india) (2) upon the transfer of such amounts under sub-section (1) the st john ambulance association (india) shall be freed and discharged 15 from all obligations imposed upon it under any trust or other document in respect of anything to be done in pakistan or in any part thereof the schedule (see section 2)| stat,ment showing the sha" | of ||------------------------------------------------------------------|---------------------------------|| ~1u | || st | || john :ambulanc | || auociation | || (pak;'tan) | || s | || 15,85,780-8-0 | || 20,369-3-0 | || share | of || from the funds | || of | the st john ambulance associa- || tion (india) | || as | onthe || less | || advance paid up to the 31-12-1952 | || balance due to the st | john ambulance association || (pakistan) - | || less | || amount due to punjab | (i)' || association | || 5 | || 2 | || ,188-0-0 | || net amount due to the st john ambulance association | || (pakistan) | || 15,13,223-5-0 | || is | || add | || interest earned on the securities in the share | of || ambulance association (pakistan) from 1-7-48 to the date | || of | transfer after || adjusting interest on the amount due from the west punjab branch | || of | the || st john ambulance association (pakistan) | | statement of objects and reasonsas a result of the partition of the country in august, 1947, it has become necessary to divide the funds of the st john ambulance association (india) between the associations in india and pakistan this bill is intended to provide legal cover, and to give effect, to the agreement reached between the st john ambulance association (india) and the st john ambulance association (pakistan) regarding the division of assets of the undivided association amrit kaur new delhi; the 9th september 1955 - a bill to provide for the transfer of a portion of the funds of the st john ambulance association (india) to the st john ambulance association (pakistan) (rajkuman amnt kaur,' minister of health)

Parliament_bills

02c63629-9099-59b3-b14f-933e6828607d

statement of objects and reasonsthe entry and exit of persons from india was governed by the 'dfidian passport act, 1920 the said act was amended in 1967 to change its short title as the passport (entry into india) act, 1920 and a new legislation, namely, the passports act, 1967 was also enacted to provide for the issue of passports and travel documents to regulate the departure from india of citizens of india and other persons and for matters incidental or ancillary thereto the provisions contained in section 12 of the passports act, 1967 were amended in 1993 to provide for an imprisonment for a term extending up to five years or fine up to fifty thousand rupees sub-section (4) of section 12 provides double the penalty for a previously convicted person as compared to this, the penalty provided for the offences under the passport (entry into india) act, 1920 and the rules made thereunder, which is presently three months imprisonment or with fine or both, is not deterrent enough the existing act came into force when pakistan, bangladesh and myanmar did not exist as separate countries, and the country did not face the situation that prevails along our borders today in view of the problems being faced by the border states from these countries by illegal migration, clandestine activities, such as, smuggling of arms, ammunition and narcotics, and movement of persons having links with terrorists and terrorist organizations, it is felt necessary to enhance the penalty provided in the passport (entry into india) act, 1920 so as to bring it at par with the penalty provided in section 12 of the passports act, 1967 2 the bill seeks to achieve the above objects new delhi; lk advani the 4th august, 2000

Parliament_bills

5a62e58c-d74b-541b-8cfc-87cd94dfbdee

the preventive detention (conti- nuance) bill, 1957- (as introduced in lok sabha) bill no 95 of 1957 the preventive detention (continuance) bill,1957 (as introduced in lok sabra) a billto continue the preventive detention act, 1950, for a further period be it enacted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the preventive detention (continu- short title ance) act, 1957 2 in sub-section (3) of section 1 of the preventive detention act, ~:-i' 1950, for the figures, letters and words "31st day of december, 1957", act 4 of the figures, letters and words "31st day of december, 1960" shall 1950 be substituted statement of objects and reasonsthe preventive detention act, 1950, is due to expire on the 31st december, 1957 experience has shown that it is essential that the powers conferred by the preventive detention act should be continued for a further period of three years the bill is meant to achieve this object g b pant new delm; the 2nd december, 1957 annexureextract from the puvennvj: detention act, 1950 (4 of 1950) - - - - - - 1 (1) this act may be called the preventive detention act, 1950 ~:~t ~~ (2) it extends to the whole of india except the state of jammu duration and kashmir (j) it shall cease to have effect on the 31st day of december, 1957, save as respects things done or omitted to be done before that ~te a bill to continue the preventive detention act, 1950, for a further period (shri go'oind ballabh pant, minister of home ajjairs)

Parliament_bills

7d4938e3-45cf-56b6-907c-6993dfe3e4ad

bill no lxxiii of 2006 the registration (amendment) bill, 2006 a billfurther to amend the registration act, 1908be it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the registration (amendment) act, 2006short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in section 71 of the registration act, 1908, after sub-section (2), the following subsection shall be inserted, namely:—a m e n d m e n t of section 71 of act no 16 of 1908"(3) notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provision of sub-section (1) of section 29 of this act, purports to transfer assign, limit or extinguish the right, title or interest of any person, to or in any property or land by a citizen in favour of a person residing outside india, no registering authority appointed under this act, shall register such document, unless the person residing outside india produces before the registering authority documentary proof of all the statutory requirements needed to be complied with under any act of parliament or the state legislature in matters of sale or purchase of immovable property particularly by person residing outside india as defined in the foreign exchange management act, 1999"12 of 1999 statement of objects and reasonsin recent years increasing number of foreign nationals are buying immovable properties in india although, the new economic policy of government is encouraging foreigners to venture into business in this country, absence of effective regulatory mechanism in the matter of their dealings in immovable properties in india has created confusion leading to certain unscrupulous elements taking undue advantage of the situationthe foreign exchange management act, 1999, provides for certain restrictions in the matter of dealings in immovable properties in india by persons residing outside indiahowever, the registration act, 1908, does not contain any provision to direct the sub-registrars authorized to register deeds to ask for documentary proof of various statutory requirements with respect to immovable properties proposed to be purchased by persons residing outside indiaas a result, deeds with respect to immovable properties are registered in the offices of registering authorities without compliance of the provision of the foreign exchange management act, 1999, and other lawsa provision in the registration act 1908, is therefore required to authorize registering authority to demand from person residing outside india necessary compliance of the law of the landhence the billshantaram laxman naik rajya sabha————— a bill further to amend the registration act, 1908————(shri shantaram laxman naik, mp)mgipmrnd—2214rs(s1)—11082006

Parliament_bills

2b1912da-8caf-588c-ace2-1e37db6907e0

the reserve bank of india (second amendment) bill, 1957(as introduced in lolt sabha) the reserve bank of india (second amendment) bill, 1957 (as introduced in lok sabha)"; a bill further ~o amend the reserve bank of india act, 1934 be it enacted by parliament in the eighth year of the republic of india as foliows:-1 (1) this act may be called the reserve bank of india short title and com-(second amendment) act, 1957 mencement 5 (2) it shall be deemed to have come into force on the 31st day of october, 1957 20£ 1934 z in section 33 of the reserve bank of india act, 1934 (herein- amedment after referred to as the principal act), for sub-section (2), the of section 33 following sub-section shall be substituted, namely:-- 10 "(2) the aggregate value of the gold coin, gold bullion and foreign securities held as assets and the aggregate value of the gold coin and gold bullion 80 held shall not at any time be less than two hundred crores of rupees and one hundred and fifteen crores of rupees, respectively" 60£1957 3 in section 37 of the principal act, the proviso shall be omitted amen~ment of sect jon 37 4 the reserve bank of india (amendment) ordinance, 1957, is repeal hereby repealed , statement of objects and reasonsexperience has shown that consistently with the requirement of the second five year plan, it is not possible for the reserve bank to comply with the requil"ements of section 33(2) of the reserve bank of india act in regard to the size of the foreign securities holdings of its issue department, notwithstanding that temporary and partial relaxation of the requirement is available under section 37 of the act following the practice adopted by many advanced countries, it is considered advantageous to introduce a greater measure of flexibility in regard to the composition of the currency reserve, provided a certain minimum elf gold holding is maintained the reserve bank of india (amej)dment) ordinance, 1957 (6 of 1957), was promulgated on the 31st october, 1957, for the aforesaid purpose this bill seeks to replace the ordilllnce t t krishnamachari new delhi; the 8th novembf!7', 1957 '~:", ~ -' " annexureextrat:rs from the reserve bank of india act, 1934 (2 of 1934) - - - - 33 (1) the assets of the issue department shall consist of gold assets of the , id b ii' f' 't' 'd it' blue oecom, go u lon, orelgn securl les, rupee com an rupee secur les partment, to such aggregate amount as is not less than the total of the liabilities of the issue department as hereinafter defined (2) of the total amount of the assets, the amount of gold coin or gold bullion and the amount of foreign securities shall not at any time be less than one hundred and fifteen crores of rupees and foul' hundred crores of rupees respectively in value - - - - 37 notwithstanding anything contained in the foregoing pro vi- suspension lions, the b~ may, ·w,ithtae·ipl'evie~ iiar~qn elf ,the·· -central of~lletare­government, for periods not excecding six months in the first ~w f~~: ii instance, which may, with the like sanction, be extended from time lecuritiel to time by periods not exceeding three months at a time, hold as assets foreign securities of less amount in value than that required by sub-section (2) of section 33: provided that the amount of foreign securities so held shall not at any time be less than three hundred ctores of rupees in value - - - - - ~ ' a bill lurther to amend the reserve bank of india act, 1934 (shri t t krishnamachari, minister of finance)

Parliament_bills

7f055745-1fd2-5848-b544-1dce379bcd96

financial memorandumclauses 4 to 6 of the bill provides that certain benefits are to be given to those who have no child or who have only child or who have two children the central government shall have to incur some expenditure for implementing the provisions of this bill in respect of their respective consolidated funds the bill, therefore, will involve an annual recurring expenditure of about rupees one hundred crore out of the consolidated fund of india a non-recurring expenditure of about rupees five lakhs is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to frame the rules for carrying out the purposes of the bill as the rules to be framed will relate to matters of detail only, delegation of legislative power is of a normal character

Parliament_bills

06376c31-4a72-55c4-acff-d534fcf2a25c

bill no 88 of 2017 the electricity (priority supply to metropolitan areas) bill, 2017 by shri gopal chinayya shetty, mp a billto provide for compulsory supply of electricity to metropolitan areas 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 electricity (priority supply to metropolitan areas)act, 20175(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appointdefinitions2 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) "competent authority" means such officer or authority who is, appointed by notification in the official gazette, by the central government as competent authority for the purposes of this act;5(c) "metropolitan areas" means areas or regions which are or have been declared as metropolitan areas by the appropriate government; and(d) "prescribed" means prescribed by rules made under this act 103 (1) notwithstanding anything contained in any other law for the time being in force, the appropriate government shall ensure that eighty per cent of the total electricity generated under its territorial jurisdiction, including the electricity generated by foreign companies, be earmarked for the metropolitan areaspriority supply of electricity to metropolitan areas(2) the quantum of electricity to be supplied to the metropolitan areas within the territorial jurisdiction of appropriate government shall be determined in such manner as may be prescribed:provided that within every metropolitan area, electricity shall be supplied—15(a) to the backward areas at least five hours every day at half the rate; (b) to katras and densely populated areas at least two hours every day at half the rate; and(c) free of cost to the weaker sections of the society and to the people living below the poverty line at least for three hours during morning and evening every day20power to make rules4 (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 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 reasonsthere is a great scarcity of electricity in metropolitans particularly in katras and mohallas of mumbai with a high density of population the citizens living in these places have to face a lot of problems due to scarcity of electricity the situation becomes worse during the summer season the people living in these katras and higly dense places feel suffocated due to absence of electricity as there are no open places and parks etc around these placeselectricity is the basic necessity of the man, without which modern life cannot be imagined as a matter of fact, our dependency on electricity has been so much that even a cut for just one hour in the supply of electricity becomes a problem as such, a lot of cut on the supply of electricity occurs as soon as the temperature rises which naturally puzzles the people the worsening state of power supply during summer can be known from the fact that the power supply remains interrupted for several hours due to non-availability of adequate electricity on account of technical faults in the power grids the life of citizens become pitiable due to shortage of power in metropolitanstherefore, it is proposed to provide adequate power in the metropolitan areas of the countryhence this billnew delhi;gopal chinayya shettymarch 14, 2017 financial memorandumclause 3 of the bill provides that the central government shall provide electricity to the backward areas of metropolitan cities for at least five hours daily at half rate and also provide free of cost electricity to the weaker sections of the society and persons living below poverty line for at least three hours daily in the morning and evening the expenditure relating to states shall be borne out of the consolidated funds of the respective states however, 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 recurring expenditure of about rupees thirty crore will be involved annually from the consolidated fund of indiaa non-recurring expenditure of about rupees five crore is also likely to be involved memorandum regarding delegated legislationclause 4 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 compulsory supply of electricity to metropolitan areas and for matters connected therewith————(shri gopal chinayya shetty, mp)gmgipmrnd—579ls(s3)—23-06-2017

Parliament_bills

9c770caa-1c0e-5839-a0d1-55b2366e471c

bill no 40 of 2018 the right of children to free and compulsory education (amendment) bill, 2018 by shri bhairon prasad mishra, mp a billfurther to amend the right of children to free and compulsory education act, 2009be it enacted by the parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the right of children to free and compulsory education(amendment) act, 2018short title and commencement(2) it shall come into force with immediate effect535 of 2009amendment of long title2 in the right of children to free and compulsory education act, 2009 (hereinafterreferred to as the principal act), in the long title for the word "fourteen" the word "eighteen" shall be substituted3 in section 2 of the principal act—amendment of section 2(i) in clause (c), for the word "fourteen" the word "eighteen" shall be substituted(ii) in clause (n), after the words "elementary education", the words "and secondary education" shall be inserted(iii) after clause (o), the following clause shall be inserted, namely:—5"(p) secondary education means the education from ninth to twelfth class wherein classes ninth and tenth constitute the secondary stage and classes eleventh and twelfth constitute the higher secondary stage;"4 in section 3 of the principal act, in clause (1),amendment of section 3(i) for the word "fourteen" the word "eighteen" shall be substituted; and10(ii) for the word "elementary" the words "elementary and secondary" shall be substituted5 in section 4 of the principal act,—amendmentof section 4(i) for the word "elementary" the words "elementary and secondary" shall be substituted; and(ii) for the second proviso the following be substituted, namely:—15"provided further that a child so admitted to elementary or secondary education shall be entitled to free education till completion of secondary education even after eighteen years"amendment of section 56 in section 5 of the principal act, in clauses (1) and (2) for the word "elementary" thewords "elementary and secondary" shall be substituted20amendment of section 87 in section 8 of the principal act, for the words "elementary" and "fourteen" whereverthey occur the words "elementary and secondary" and "eighteen" shall respectively be substitutedamendment of section 9258 in section 9 of the principal act, for the words "elementary'' and "fourteen" whereverthey occur the words "elementary and secondary" and "eighteen" shall respectively be substitutedamendment of section 109 in section 10 of the principal act, for the words "an elementary education" thewords "a pre-school and if not at least to an elementary education" shall respectively be substitutedamendment of section 113010 in section 11 of the principal act, for the word "may" the word "shall" shall besubstitutedamendment of section 1211 in section 12 of the principal act, for the word "elementary" wherever it occurs thewords "elementary and secondary" shall be substitutedamendment of section 1412 in section 14 of the principal act, in clause (1) for the word "elementary" the words"elementary and secondary" shall be substituted35amendment of section 3313 in section 33 of the principal act, in clause (1) for the word "elementary" the words"elementary and secondary" shall be substitutedamendment of section 3414 in section 34 of the principal act, in clause (1) for the word "elementary" the words"elementary and secondary" shall be substituted15 in section 38 of the principal act, in clause (2)—amendment of section 3840(i) in sub-clause (c) for the word "fourteen" the word "eighteen" be substituted;and(ii) in sub-clause (o), for the word "elementary" the words "elementary and secondary" shall be substituted16 in the schedule to the principal act,—amendment of schedule(i) in sl no 1, after item (b), the following shall be inserted, namely,—"(c) for ninth class to twelfth class(i) at lease one teacher for every thirty children;5(ii) subject-wise trained graduate teacher and post graduate teacher;(iii) specialized teachers for physical education, art or craft andculture education;(iv) counselor for emotional and psychological support, as perschool counseling programme;10(v) career counselor''(ii) in sl no 2, in norms and standards, after (vii), the following shall be inserted, namely,—15''(viii) one integrated science laboratory - for physics, chemistry, biology and mathematics for classes ninth to twelfth (one room for science laboratory in a secondary school and at least three laboratories for science subjects) in higher secondary schools;(ix) computer room for classes ninth to twelfth; (x) art or craft culture laboratory; (xi) provisions to make the building disabled friendly;20(xii) a rainwater harvesting system;(xiii) classrooms with a classroom - pupil ratio of 1:40 for classes ninth to twelfth" (iii) in sl no 3, in norms and standards, after (iv), the following shall be inserted, namely,—25"(v) a minimum of two hundred and twenty working days for classes ninth to twelfth;30(vi) one thousand two hundred hours per academic year for the teaching and planning, out of which not more than two hundred hours may be required to be devoted for remedial teaching and attention to weak students for ninth class and tenth class;(vii) one thousand two hundred hours per academic year for teaching and planning, out of which not more than two hundred hours may be required to be devoted for remedial teaching and attention to weak students for eleventh class and twelfth class"35(iv) sl no 5 shall be deleted (v) for sl no 7, the following shall be substituted, namely,—"7 teaching learning equipment—(i) shall be provided to each class as required;40(ii) necessary equipment for physics, chemistry, biology andmathematics will be needed initially to facilitate academic activities in laboratories for classes ninth to twelfth;(iii) sports, music, dance, painting, culture, teaching aids" statement of objects and reasonssecondary education is an important stage in the educational hierarchy it is essential to ensure greater access to secondary education by making it free and compulsory the vision of rashtriya madhyamik shiksha abhiyan (rmsa) was to make good quality education available, accessible and affordable to all young persons in the age group of fourteen to eighteen years among the other goals, it aims to achieve universal retention by 2020, a gross enrollment ratio of 100% by 2017 and access to education with special references to economically weaker sections of the society the guiding principle of this policy includes universal accessindia adopted 17 sustainable development goals by the united nations in 2015 goal aims to ensure inclusive and quality education for all it highlights that getting access to quality education can help set a strong foundation to improve lives it also points out that while several countries have achieved gender equality in primary education, very few have managed to achieve the target at all levels of educationindia has shown tremendous progress in primary education with the implementation of the right of children to free and compulsory education (rte) act, 2009 however, there have not been adequate parallel initiatives to ensure access to secondary education as per the 2016 report by united nations educational, scientific and cultural organisation (unesco), institute for statistics and global education monitoring, 47 million youth drop out of school by the 10th standard in india the literacy rates for the 15 and above age groups remains average at 593% for females and 788% for males in 2011 similarly, the gross enrollment ratio was at 785% for students in the secondary level of school education in 2014-15 this means that 255% of the students in this age group do not enroll themselves in schools in 2013-14, the annual dropout rate of students in the secondary level of school education stands high at 1786% for students belonging to the scheduled tribes, it is staggering at 272% and 1866% for students belonging to the scheduled castestherefore, it has been proposed that the coverage for rte act, 2009 be extended to three to eighteen years this will cover the secondary level of education and help india achieve the sustainable development goal of quality education as well as the objectives set under rmsa it will also encourage state governments to strengthen their anganwadi system or create more pre-schools as a result, india will truly be able to ensure universal access to education to all children in the age group of three to eighteen yearshence this bill financial memorandumthe government of india incurred an expenditure of rs 3562 crores in 2015-16 on rashtriya madhyamik shiksha abhiyan the budget for the scheme in 2016-17 was rs 3700 crores while in 2017-18, it was rs 3830 crores it is increased by about 35% every year the bill will involve an expenditure that will be about 15% more than the expenditure on the scheme the bill, therefore if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees four thousand five hundred and fifty eight crore is likely to be involveda non-recurring expenditure of about rupees one thousand crore is also likely to be involved annexure extracts from the right of children to free and compulsory education act, 2009 (35 of 2009) definitions2 in this act, unless the context otherwise requires,— (c) "child" means a male or female child of the age of six to fourteen years; (n) "school" means any recognised school imparting elementary education and includes—(i) a school established, owned or controlled by the appropriate government or a local authority;(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority;(iii) a school belonging to specified category; and (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate government or the local authority; (o) "screening procedure" means the method of selection for admission of a child, in preference over another, other than a random method; 3 (1) every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary educationright of child to free and compulsory education 4 where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age:provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such time-limits, as may be prescribed:special provisions for children not admitted to, or who have not completed, elementary educationprovided further that a child so admitted to elementary education shall be entitled to free education till completion of elementary education even after fourteen yearsright of transfer to other school5 (1) where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education(2) where a child is required to move from one school to another, either within a state or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education 8 the appropriate government shall—(a) provide free and compulsory elementary education to every child:duties of appropriate governmentprovided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other schoolexplanation—the term "compulsory education" means obligation of the appropriate government to—(i) provide free elementary education to every child of the age of six to fourteen years; and(ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years (b) ensure availability of a neighbourhood school as specified in section 6; (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds;(d) provide infrastructure including school building, teaching staff and learning equipment;(e) provide special training facility specified in section 4; (f) ensure and monitor admission, attendance and completion of elementary education by every child;(g) ensure good quality elementary education conforming to the standards and norms specified in the schedule;(h) ensure timely prescribing of curriculum and courses of study for elementary education; and(i) provide training facility for teachers9 every local authority shall—duties of local authority(a) provide free and compulsory elementary education to every child: provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school;(b) ensure availability of a neighbourhood school as specified in section 6; (c) ensure that the child belonging to weaker section and the child belonging todisadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds;(d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed;(e) ensure and monitor admission, attendance and completion of elementary education by every child residing within its jurisdiction;(f) provide infrastructure including school building, teaching staff and learning material;(g) provide special training facility specified in section 4; (h) ensure good quality elementary education conforming to the standards and norms specified in the schedule;(i) ensure timely prescribing of curriculum and courses of study for elementary education;(j) provide training facility for teachers; (k) ensure admission of children of migrant families; (l) monitor functioning of schools within its jurisdiction; and (m) decide the academic calendarduty of parents and guardian10 it shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school11 with a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate government may make necessary arrangement for providing free pre-school education for such childrenappropriate government to provide for pre-school education12 (1) for the purposes of this act, a school,—(a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein;extents of school's responsibility for free and compulsory education(b) specified in sub-clause (ii) of clause (n) of section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent;(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class i, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:provided further that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education (2) the school specified in sub-clause (iv) of clause (n) of section 2 providing free and compulsory elementary education as specified in clause (c) of sub-section (1) shall be reimbursed expenditure so incurred by it to the extent of per-child-expenditure incurred by the state, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed:provided that such reimbursement shall not exceed per-child expenditure incurred by a school specified in sub-clause (i) of clause (n) of section 2:provided further that where such school is already under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment or other facilities, either free of cost or at a concessional rate, such school shall not be entitled for reimbursement to the extent of such obligation(3) every school shall provide such information as may be required by the appropriate government or the local authority, as the case may be proof of age for admission14 (1) for the purposes of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the births, deaths and marriages registration act, 1886 (6 of 1886) or on the basis of such other document, as may be prescribed constitution of national advisory council33 (1) the central government shall constitute, by notification, a national advisory council, consisting of such number of members, not exceeding fifteen, as the central government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development constitution of state advisory council34 (1) the state government shall constitute, by notification, a state advisory council consisting of such number of members, not exceeding fifteen, as the state government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development 38 (1) the appropriate government may, by notification, make rules, for carrying out the provisions of this actpower of appropriate government to make rules(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:— (c) the manner of maintenance of records of children up to the age of fourteen years, under clause (d) of section 9; (o) the form and manner of awarding certificate for completion of elementary education under sub-section (2) of section 30; the schedule (see sections 19 and 25) norms and standards for a school| | sl no | item | norms and standards ||----------------------------------------------------------|--------------------------------------------------|-------------------------------------|-----------------------|| 1 | number of teachers: | admitted children- | number of teachers || (a) for first class to fifth | up to sixty | two | || class | between sixty-one to | three | || ninety | | | || between ninety-one | four | | || to one hundred and | | | || twenty | | | || between one hundred | five | | || and twenty one to two | | | || hundred | | | || above one hundred | five plus one head- | | || and fifty children | teacher | | || above two hundred | pupil-teacher ratio | | || children | (excluding head- | | || teacher shall not | | | || exceed forty) | | | || (b) for sixth class to | (1) at least one teacher per class so that there | | || eighth class | shall be at least one teacher each for— | | || (i) science and mathematics; | | | || (ii) social studies; | | | || (iii) languages | | | || (2) at least one teacher for every thirty-five children | | | || (3) where admission of children is above one | | | || hundred— | | | || (i) a full time head-teacher; | | | || (ii) part time instructors for— | | | || (a) art education; | | | || (b) health and physical education; | | | || (c) work education | | | || 2 | building | all-weather building consisting of— | || (i) at least one class-room for every teacher and | | | || an office-cum-store-cum-head teacher's room; | | | || (ii) barrier-free access; | | | || (iii) separate toilets for boys and girls; | | | || (iv) safe and adequate drinking water facility to | | | || all children; | | | || (v) a kitchen where mid-day meal is cooked in the | | | || school; | | | || (vi) playground; | | | || sl no | item | norms and standards ||-------------------------------------------------|----------------------------------------------|---------------------------------------------------|| (vii) arrangements for securing the school | | || building by boundary wall or fencing | | || 3 | minimum number of | (i) two hundred working days for first class to || working days/instructional | fifth class; | || hours in an academic year | (ii) two hundred and twenty working days for | || sixth class to eighth class; | | || (iii) eight hundred instructional hours per | | || academic year for first class to fifth class; | | || (iv) one thousand instructional hours per | | || academic year for sixth class to eighth class | | || 4 | minimum number of | forty-five teaching including preparation hours || working hours per week | | || for the teacher | | || 5 | teaching learning | shall be provided to each class as required || equipment | | || 6 | library | there shall be a library in each school providing || newspaper, magazines and books on all subjects, | | || including story-books | | || 7 | play material, games and | shall be provided to each class as required || sports equipment | | |———— a billfurther to amend the right of children to free and compulsory education act, 2009————(shri bhairon prasad mishra, mp)mgipmrnd—3956ls(s3)—08-02-2018

Parliament_bills

14910f86-44a4-5532-89b2-d0054041d945

bill no 97of 2017 the constitution (amendment) bill, 2017 byshri p karunakaran, mpabillfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2017 statement of objects and reasonsindia is one of the most diverse and culturally rich nations of the world the richness in culture is contributed by the diversity in languages, religions, dance forms, music, architecture, food, customs and traditions, etc the fundamental duty of every citizen enshrined in article 51(f) to value and preserve the rich heritage of our composite culture the valuing and preservation of cultural heritage is best served by the propagation of the cultural heritage within as well as outside the country in the process, the citizens would not only know more about country's cultural heritage but also value it even more therefore, propagation of rich heritage of our composite culture should also be the duty of every citizenthe bill, therefore, proposes to amend the article 51a of the constitution with a view to make propagation of rich heritage of our composite culture as one of the fundamental duties of the citizenshence this billnew delhi;p karunakaranjuly 5, 2016 annexure extract from the constitution of india part-iv a fundamental duties51a it shall be the duty of every citizen of india:—(a) (b) (c) (d) (e) (f) to value and preserve the rich heritage of our composite culture; lok sabha———— a billfurther to amend the constitution of india————(shri p karunakaran, mp)gmgipmrnd—4243ls(s3)—10-07-2017

Parliament_bills

c9a15141-a127-5034-a963-2f043977a0f3

bill no 92 of 2014 the apprentices (amendment) bill, 2014 a bill further to amend the apprentices act, 1961be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the apprentices (amendment) act, 2014short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint552 of 1961amendment of section 22 in the apprentices act, 1961 (hereinafter referred to as the principal act), in section 2,—(i) in clause (d), in sub-clause (1), after item (b), the following item shall be inserted, namely:—10"(bb) any establishment which is operating business or trade from different locations situated in four or more states, or";(ii) for clauses (e), (j) and (k), the following clauses shall respectively be substituted, namely:—5'(e) "designated trade" means any trade or occupation or any subject field in engineering or non-engineering or technology or any vocational course which the central government, after consultation with the central apprenticeship council, may, by notification in the official gazette, specify as a designated trade for the purposes of this act;10( j) "graduate or technician apprentice" means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or non-engineering or technology or equivalent qualification granted by any institution recognised by the government and undergoes apprenticeship training in any designated trade;15(k) "industry" means any industry or business in which any trade, occupation or subject field in engineering or non-engineering or technology or any vocational course may be specified as a designated trade or optional trade or both;'; (iii) after clause (l), the following clauses shall be inserted, namely:—'(ii) "optional trade" means any trade or occupation or any subject field in engineering or non-engineering or technology or any vocational course as may be determined by the employer for the purposes of this act;20(iii) "portal-site" means a website of the central government for exchange of information under this act;'; (iv) in clause (pp), for the words "such subject field in any vocational course as may be prescribed", the words "designated trade" shall be substituted;(v) for clauses (q) and (r), the following clauses shall be substituted, namely:—25'(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in any designated trade;30(r) "worker" means any person working in the premises of the employer, who is employed for wages in any kind of work either directly or through any agency including a contractor and who gets his wages directly or indirectly from the employer but shall not include an apprentice referred to in clause (aa)'amendment of section 33 in section 3 of the principal act, for clause (a), the following clause shall be substituted, namely:—"(a) is not less than fourteen years of age, and for designated trades related to hazardous industries, not less than eighteen years of age; and"354 in section 4 of the principal act,—amendment of section 4(i) for sub-section (4), the following sub-sections shall be substituted, namely:—40"(4) every contract of apprenticeship entered into under sub-section (1)shall be sent by the employer within thirty days to the apprenticeship adviser until a portal-site is developed by the central government, and thereafter the details of contract of apprenticeship shall be entered on the portal-site within seven days, for verification and registration45(4a) in the case of objection in the contract of apprenticeship, the apprenticeship adviser shall convey the objection to the employer within fifteen days from the date of its receipt(4b) the apprenticeship adviser shall register the contract of apprenticeship within thirty days from the date of its receipt"; (ii) sub-section (5) shall be omitted5 after section 5 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 5a and 5bregulation of optional trade"5a the qualification, period of apprenticeship training, holding of test, grant of certificate and other conditions relating to the apprentices in optional trade shall be such as may be prescribed55b the employer may engage apprentices from other states for the purpose ofproviding apprenticeship training to the apprentices"engagement of apprentices from other states6 in section 6 of the principal act,—amendment of section 6(i) in clause (a), for the words "determined by that council", the word"prescribed" shall be substituted;10(ii) for clause (aa), the following clause shall be substituted, namely:—15"(aa) in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a board or state council of technical education or any other authority or courses approved under any scheme which the central government may, by notification in the official gazette specify in this behalf, have passed the trade tests or examinations conducted by that board or state council or authority or by any other agency authorised by the central government, the period of apprenticeship training shall be such as may be prescribed;"7 for section 8 of the principal act, the following section shall be substituted, namely:—substitution of section 820"8 (1) the central government shall prescribe the number of apprentices to be engaged by the employer for designated trade and optional tradenumber of apprentices for a designated trade and optional trade(2) several employers may join together either themselves or through an agency, approved by the apprenticeship adviser, according to the guidelines issued from time to time by the central government in this behalf, for the purpose of providing apprenticeship training to the apprentices under them"258 in section 9 of the principal act,—amendment of section 9(i) for sub-section (1), the following sub-section shall be substituted, namely:—30"(1) every employer shall make suitable arrangements in his workplace for imparting a course of practical training to every apprentice engaged by him";(ii) for sub-section (3), the following sub-section shall be substituted, namely:—3540"(3) such of the trade apprentices who have not undergone institutional training in a school or other institution recognised by the national council or any other institution affiliated to or recognised by a board or state council of technical education or any other authority which the central government may, by notification in the official gazette, specify in this behalf, shall, before admission in the workplace for practical training, undergo a course of basic training and the course of basic training shall be given to the trade apprentices in any institute having adequate facilities";(iii) sub-sections 4a, 4b, 5 and 6 shall be omitted(iv) for sub-section (7) and sub-section (7a), the following sub-sections shall be substituted, namely:—5"(7) in the case of an apprentice other than a graduate or technician apprentice or technician (vocational) apprentice, the syllabus of and the equipment to be utilised for, practical training including basic training in any designated trade shall be such as may be approved by the central government in consultation with the central apprenticeship council10(7a) in the case of graduate or technician apprentices or technician(vocational) apprentices, the programme of apprenticeship training and the facilities required for such training in any designated trade shall be such as may be approved by the central government in consultation with the central apprenticeship council"; (v) in sub-section (8), in clause (c), after the words ''employer alone", the words"except apprentices who holds degree or diploma in non-engineering" shall be inserted159 in section 15 of the principal act,—amendment of section 15(i) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) the weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be as determined by the employer subject to the compliance with the training duration, if prescribed";20(ii) for sub-section (3), the following sub-section shall be substituted, namely:—"(3) an apprentice shall be entitled to such leave and holidays as are observed in the establishment in which he is undergoing training"amendment of section 1910 in section 19 of the principal act, for sub-section (2), the following sub-sections shall be substituted, namely:—25"(2) until a portal-site is developed by the central government, every employer shall furnish such information and return in such form as may be prescribed, to such authorities at such intervals as may be prescribed:30(3) every employer shall also give trade-wise requirement and engagement of apprentices in respect of apprenticeship training on portal-site developed by the central government in this regard" 11 in section 21 of the principal act,—amendment of section 21(i) for sub-section (1) the following sub-section shall be substituted, namely:—35"(1) every trade apprentice who has completed the period of training may appear for a test to be conducted by the national council or any other agency authorised by the central government to determine his proficiency in the designated trade in which he has undergone apprenticeship training"; (ii) in sub-section (2), after the words "national council", the words "or by the other agency authorised by the central government" shall be insertedamendment of section 224012 in section 22 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—"(1) every employer shall formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in his establishment" 13 in section 30 of the principal act,—amendment of section 30(i) for sub-section (1), the following sub-sections shall be substituted, namely:—45"(1) if any employer contravenes the provisions of this act relating to the number of apprentices which he is required to engage under those provisions, he shall be given a month's notice in writing, by an officer duly authorised in this behalf by the appropriate government, for explaining the reasons for such contravention5(1a) in case the employer fails to reply the notice within the period specified under sub-section (1), or the authorised officer, after giving him an opportunity of being heard, is not satisfied with the reasons given by the employer, he shall be punishable with fine of five hundred rupees per shortfall of apprenticeship month for first three months and thereafter one thousand rupees per month till such number of seats are filled up"; (ii) in sub-section 2,—10(a) after clause (f), the following clauses shall be inserted, namely:—''(g) engages as an apprentice a person who is not qualified for being so engaged, or(h) fails to carry out the terms and conditions of a contract of apprenticeship";15(b) for the words "imprisonment for a term which may extend to six months or with fine or with both" , the words "fine of one thousand rupees for every occurrence" shall be substituted (iii) after sub-section (2), the following sub-section shall be inserted, namely:—20"(2a) the provisions of this section shall not apply to any establishmentor industry which is under the board for industrial and financial reconstruction established under the sick industrial companies (special provisions) act, 1985''1 of 1986amendment of section 3714 in section 37 of the principal act, after sub-section (1), the following sub-section shall be inserted, namely:—25"(1a) the powers to make rules under this section shall include the power tomake such rules or any of them retrospectively from a date not earlier than the date on which this act received the assent of the president, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable" statement of objects and reasonsthe apprentices act 1961 was enacted with the objective of regulating the programme of training of apprentices in the industry by utilising the facilities available therein for imparting on-the-job training the act was amended in 1973 and 1986 to include training of graduates, technicians and technician (vocational) apprentices respectively under its purview it was further amended in 1997 and 2007 to amend various sections of the act as regards definition of "establishment", "worker", number of apprentices for a designated trade and reservation for candidates belonging to other backward classes, etc comparing the size and rate of growth of economy of india, the performance of apprenticeship training scheme (ats) is not satisfactory and a large number of training facilities available in the industry are going unutilised depriving unemployed youth to avail the benefits of the ats employers are of the opinion that provisions of the act are too rigid to encourage them to engage apprentices and provision relating to penalty create fear amongst them of prosecution and they have suggested to modify the apprentices act suitablyin order to make the apprenticeship more responsive to youth and industry, a slew of suggestions have been received from various quarters for making changes in the apprentices act and these were discussed in inter ministerial group (img) recommendations of the img for making changes in the act were uploaded on the website for seeking the comments of public and deliberated in meeting of central apprenticeship council (cac)- a statutory body based on the consensus evolved in cac, these amendments are proposed the major changes are given below:—(i) providing for establishments operating in four or more states will be taken into the fold of directorate general of employment and training;(ii) providing for prescribing number of apprentices to be engaged atestablishment level instead of tradewise;(iii) providing for apprenticeship training to non-engineering graduate anddiploma holders;(iv) providing for employers to undertake new courses (optional trades) whichare demand based;(v) providing for employers to determine, qualification, period of apprenticeshiptraining, holding of test, grant of certificate and other conditions relating to the apprentice in optional trade;(vi) providing for simplifying the procedure for registration of contractapprenticeship training;(vii) providing for exchange of information through a portal-site; (viii) providing for allowing employers to engage apprentices from other states (ix) providing for employers to formulate their own policy for recruitingapprentice;(x) the regime for penalties will be in terms of fine only; (xi) providing for ex post facto rule making powers to facilitate recognition of training started pending notification of new trades under the act;(xii) providing for sitting in the examination optional and certification from any competent agency the bill seeks to achieve the above objectivesnew delhi;dated the 5th august, 2014 memorandum regarding delegated legislationclause 5 of the bill seeks to insert new section 5(a) which empowers the central government to make rules in regard to qualification, period of apprenticeship training, holding of test, grant of certificate and other conditions relating to the apprentices in the optional trades2 clause 6 of the bill seeks to amend section 6 which empowers the central government to make rules to provide the period of apprenticeship training3 clause 7 of the bill seeks to substitute section 8 which empowers the central government to make rules in regard to number of apprentices to be engaged by the employer for designated and optional trades4 clause 10 of the bill seeks the substitute sub-section (2) of section 19 which empowers the central government to make rules for the employer to furnish information and returns, etc, to such authorities and in such intervals until a portal-site is developed5 the matters in respect of which rules may be made are matters of procedure and detail the delegation of power is, therefore, of a normal character annexure extracts from the apprentices act, 1961 (52 of 1961) definitions2 in this act, unless the contest otherwise requires,— (e) "designated trade" means any trade or occupation or any subject field in engineering or technology or any vocational course which the central government, after consultation with the central apprenticeship council, may, by notification in the official gazette, specify as a designated trade for the purposes of this act; (j) "graduate or technician apprentice" means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or technology or equivalent qualification granted by any institution recognised by the government and undergoes apprenticeship training in any such subject field in engineering or technology as may be prescribed;(k) "industry" means any industry or business in which any trade, occupation or subject field in engineering or technology or any vocational course may be specified as a designated trade; (pp) "technician (vocational) apprentice" means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the all-india council and undergoes apprenticeship training in any such subject field in any vocational course as may be prescribed;(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in any such trade or occupation as may be prescribed(r) "worker" means any person who is employed for wages in any kind of work and who gets his wages directly from the employer but shall not include an apprentice referred to in clause (aa) chapter ii apprentices and their training3 a person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he—(a) is not less than fourteen years of age; and qualification for being engaged as an apprentice(b) satisfies such standards or education and physical fitness as may be prescribed: provided that different standards may be prescribed in relation to apprenticeship training in different designated trades and for different categories of apprentices contract of apprenticeship4 (4) every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within such period as may be prescribed to the apprenticeship adviser for registration| | | | | ||------|------|------|------|-----|novation of contract of apprenticeship5 where an employer with whom a contract of apprenticeship has been entered into, is for any reason, unable to fulfil his obligations under the contract and with the approval of the apprenticeship adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the apprenticeship adviser, shall be deemed to be contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract against the other party thereto6 the period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows:—period of apprenticeship training(a) in the case trade apprentices who, having undergone institutional training in a school or other institution recognised by the national council, have passed the trade tests or examinations conducted by that council or by an institution recognised by that council the period of apprenticeship training shall be such as may be determined by that council; number of apprenticeship training8 (1) the central government shall, after consulting the central apprenticeship council, by order notified in the official gazette, determine for each designated trade the ratio of trade apprentices to workers other than unskilled workers in that trade:provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section(2) in determining the ratio under sub-section (1), the central government shall have regard to the facilities available for apprenticeship training under this act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices, technician (vocational) apprentices if any, in pursuance of any notice issued to him under sub-section (3a) by the central apprenticeship adviser or such other person as is referred to in that sub-section(3) the apprenticeship adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the central governemnt for the designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition:provided that in making any requisition under this sub-section, the apprenticeship adviser shall have regard to the facilities actually available in the establishment concerned:provided further that the apprenticeship adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other revelant factors, permit him to engage such number of apprentices for a designated trade as is lesser than the number arrived at by the ratio for that trade, not being lesser that fifty per cent of the number so arrived at, subject to the condition that the employer shall engaged apprentices in other trades in excess in number equivalent to such shortfall(3a) the central apprenticeship adviser or any other person not below the rank of an assistant apprenticeship adviser authorised by the central apprenticeship adviser in writing in this behalf shall, having regard to—(i) the number of managerial person (including technical and supervisorypersons) employed in a designated trade;(ii) the number of management trainees engaged in the establishment;(iii) the totality of the training facilities available in a designated trade; and(iv) such other factors as he may consider fit in the circumstances of the case;by notice in writing, require an employer to impart training to such number of graduate or technician apprentices technician (vocational) apprentices in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisitionexplanation—in this sub-section the expression "management trainee" means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer (not being apprenticeship training under this act) subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis(4) several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments(5) where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the central government or in excess of the number specified in a notice issued under sub-section (3a) should in the opinion of the appropriate government be trained, the appropriate government may require employer to train the additional number of apprentices(6) every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the apprenticeship adviser for the training of the additional number of apprentices(7) any employer not satisfied with the decision of the apprenticeship adviser under sub-section (6), may make a reference to the central apprenticeship council and such reference shall be decided by a committee thereof appointed by that council for the purpose and the decision of that committee shall be final9 (1) every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him in accordance with the programme approved by the apprenticeship adviser(2) (3) such of the trade apprentices as have not undergone institutional training in a school or other institution recognised by the national council or any other institution affiliated to or recognised by a board or state council of technical education or any other authority which the central government may, by notification in the official gazette, specify in this behalf, shall, before admission in the workshop for practical training, undergo a course of basic training (4a) notwithstanding anything contained in sub-section (4), if the number of apprentices to be trained at any time in any establishment in which five hundred or more workers are employed, is less than twelve the employer in relation to such establishment may depute all or any of such apprentices to any basic training centre or industrial training institute for basic training in any designated trade, in either case, run by the government(4b) where an employer deputes any apprentice under sub-section (4a), such employer shall pay to the government the expenses incurred by the government on such training, at such rate as may be specified by the central government(5) where an employer employs in his establishment less han five hundred workers, the basic training shall be imparted to the trade apprentices in training institutes set up by the government(6) in any such training institute, which shall be located within the premises of the most suitable establishment in the locality or at any other convenient place the trade apprentices engaged by two or more employers may be imparted basic training(7) in the case of an apprentice other than a graduate or technician apprentice technician(vocational) apprentice, the syllabus of and the equipment to be utilised for, practical training including basic training shall be such as may be approved by the central government in consultation with the central apprenticeship council(7a) in the case of graduate or technician apprentice, technician (vocational) apprentice the programme of apprenticeship training and the facilities required for such training in any subject field in engineering or technology or vocational course shall be such as may be approved by the central government in consultation with the central apprenticeship council (c) recurring costs (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or technician apprentices technician (vocational) apprentices shall be borne by the employer and the cost of stipends shall be borne by the central government and the employer in equal shares up to such limits as may be laid down by the central government and beyond that limits by the employer alone 15 (1) the weekly and daily hours of work of an apprentice while undergoing practical training in workshop shall be such as may be prescribed| ||-----------|| hours of || work, || overtime, || leave and || holidays |(3) an apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he is undergoing training 19 (1) records and returns(2) every such employer shall also furnish such information and retruns in such form, to such authorities and at such intervals as may be prescribed 21 (1) every trade apprentice who has completed the period of training shall appear for a test to be conducted by the national council to determine his proficiency in the designated trade in which he has undergone his apprenticeship trainingholding of test and grant of certificate and conclusion of training(2) every trade apprentice who passes the test referred to in sub-section (1) shall be granted a certificate of proficiency in the trade by the national council offer and acceptance of employment22 (1) it shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the employer30 (1) if any employer—offences and penalties(a) engages as an apprentice a person who is not qualified for being so engaged, or(b) fails to carry out the terms and conditions of a contract of apprenticeship, or(c) contravenes the provisions of this act relating to the number of apprentices which he is required to engage under those provisions, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both(2) if any employer or any other person —(a) he shall be punishment with imprisonment for a term which may extend to six months or with five or with both ———— a billfurther to amend the apprentices act, 1961————(shri narendra singh tomar, minister of mines, steel, labour and employment) the apprentices (amendment) bill, 2014 [to be/as introduced in lok sabha] 1 page 2, line 18, - for "(ii)" read "(ll)" 2 page 2, line 21,- for "(iii)" read "(lll)" 3 page 3, in the marginal heading against clause 8,- for "amendment of section" read "amendment of section 9" 4 page 5, line 10, - for " in sub-section 2," read "in sub-section (2)," new delhi; august 6, 2014______ shravana 15, 1936 (saka)

Parliament_bills

95b8f13d-35fd-5216-8b0e-9ebdfb94cbb0

bill no v of 2010 the indian penal code (amendment) bill, 2010 a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2010 (2) it shall come into force with immediate effectshort title and commencementamendment of section 16645 of 186052 in section 166 of the indian penal code, 1860 (hereinafter referred to as the principal act), for the words ''which may extend to one year, or with fine, or with both'', the words ''which may extend to two years, or with fine, or with both'' shall be substitutedamendment of section 1673 in section 167 of the principal act for the words ''which may extend to three years, or with fine, or with both'', the words ''which may extend to six years, or with fine, or with both'' shall be substituted10amendment of section 1684 in section 168 of the principal act for the words ''which may extend to one year, or with fine, or with both'', the words ''which may extend to two years, or with fine, or with both'' shall be substitutedamendment of section 1695 in section 169 of the principal act for the words ''which may extend to two years, orwith fine, or with both; and the property, if purchased, shall be confiscated'', the words ''which may extend to four years, or with fine, or with both; and the property, if purchased, shall be confiscated'' shall be substituted5amendment of section 1706 in section 170 of the principal act for the words ''which may extend to two years, orwith fine, or with both'', the words ''which may extend to four years, or with fine, or with both'' shall be substitutedamendment of section 171107 in section 171 of the principal act for the words ''which may extend to three months,or with fine which may extend to two hundred rupees, or with both'', the words ''which may extend to six months, or with fine which may extend to four hundred rupees, or with both'' shall be substituted statement of objects and reasonspublic servants are entrusted with the duty of working for the public good, and vested with powers to fulfill that duty unfortunately, though, there have been increasing instances wherein public servants have actively misused their positions of power to either serve their personal purpose or subvert the procedure of law in favour of the wrong-doer this has shaken the people's faith in the entire executive and judicial system indeed, it goes against the fundamental right to equality, right to freedom, right to freedom from exploitation and right to constitutional remedies provided by the constitution to each citizen of indiahence, there is an urgent need to make public servants accountable for their actions and to instill confidence among the people it is, therefore, necessary that the law should act as a deterrent, ensuring exemplary punishment for errant public servants, whether police or civilin this backdrop, it is felt that there is a need to amend the indian penal code suitably hence this billprakash javadekarextracts from the indian penal code, 1860 chapter ix of offences by or relating to public servants166 public servant disobeying law, with intent to cause injury to any person—whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both167 public servant framing an incorrect document with intent to cause injury—whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three year, or with fine, or with both168 public servant unlawfully engaging in trade—whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both169 public servant unlawfully buying or bidding for property—whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated170 personating a public servant—whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both171 wearing garb or carrying token used by public servant with fraudulent intent—whoever, not belonging, to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both rajya sabha———— a billfurther to amend the indian penal code, 1860————(shri prakash javadekar, mp)gmgipmrnd—2336rs(s5)—03-05-2010

Parliament_bills

f891fd9e-6c76-5131-af8e-106f66236e69

corrigenda to the appropriation (no3) bill, 1969 (to be/as introduced in lok sibha)1 page 2, line 15,-against vote no~4, in column 2, under the head "services and purposes'" -fo!: "effective" ~ "effective" 2 page 3, line 20,-in column 2, under the head "services and purposes" -iqr "in'terests" f!22 "interest" 3 page 5, line 7,-in column 3, under the head "sums not exceeding" f2e "consolidated" ~ "consolidated" 4 page 7, lines 22 and 23,-against vote no119, in column 2, under the head "services and purposes" -for "territories" ~ "territories" 5 correct line numbers on pages 2, 3, 4, 6, 7 and 8 bui no 38 of 1969 nib appropriation (no3) bill, 1969 a billto cnthoris~ payment and appropriation of certain sums from and out of the confoudated fund 01 india for the services of the financial year 1969-70 bs it enacted by parliament in the twentieth year of the republic of india as follows: _ r~rr 1 this act may be called the appropriation (no3) act, 1969· short title 2 from and out of the consolidated fund of india there may be paid :s~ 8~~2 $ and applied sums not exceeding those specified in column 3 of tlie sche- 88',90,000' dule amounting in the aggregate [inclusive of the sums specified in out ot column 3 of the schedule to the appropriation (vote on account) act, the con-1-969] to the sum of sixteen thousand and seventy-two crores, eighty-eight solidated laths and ninety thousand rupees towards defraying the several charges ;:~~ ~!r 10 which will come in course of payment during the financial year 1969-70 the year in -respect of the services specified in column 2 of the schedule 1961j70 j the iwjli authorised to be paid and applied from and out of the approprla-coll8ollclated fund of india by this acl shall be appropriated for ~e t1on services and purposeij expressed in the schecfule in ~ei~~on to the said 1$ year | sums | note:ceedidg ||----------|------------------|| services | || and | purposes || totlll | |no of v,'te voted by parliament rs ri ministry of defence 2 defence services, effective-army defence services effective-navy - 4 defedce serrices, airporce 1,97,71,60,000 5 defence services, non-eft'ective 32,80,00,000 6 ministry of education and youth services 1,at41,000 education 60,26,33,000 7 arc:haeology 1,6158,000 1,6158,000 8 survey of india 1 5,71,49,000 57149,000 9 to grants to council of scientific and industrial reserrch i ' ~ ii other revenue expenditure of the ministry of education and youth services 402,98,000 %0,000 12 external affairs 23,45,68,000 30 13 other revenue expenditure of the ministry of external affairs 14 ministr}, of finance 3,09,94,000 8029,00,000 15 customs 500-16,18,17,000 t6 union exciae duties 161867000 $op» 35 17 taxes on income including corporation tax, etc 16,5351,000 5,33027000 533021,000 18 i sumps 19 audit 25045,59,000 259387,000 20 currency and coinaae 175262000 21 mint ·33~39,ooo ~ 22 kolu gold mines 675,91,000 | services | and | purpoees ||------------------------------------------------------|------------------------|-------------------|| ---,------------------~--------------------------~ | | || j | | || 3 | | || --r-------------------r----------------------------- | | || no | | || of | | || vote | | || parliament | | || consolidated | | || fund | | || vo,," | | || by | | || sf"::=: | | || i | | || tow | -- | || s | | || -------------,---------i----------~--------- | | || ri | | || ri | ri | || 8,07,08,000 | | || 7,84>11,000 | | || 23 | pedliona and other | || retirement | | || benefits | | || 4,s9,14,ooo | | || 24 | | || opium | | || 10 | | || 3,00,000 | | || 25 | | || other | | || revenue | | || !baiedditure | of | || the | | || mfniitry | | || of | | || jfinanc:e | | || 26 | | || gradtl-in-ajd | | || to | | || state and union | | || 6,os,1 | 8,1 6,000 | || territory | governments | || 4,17,23,16,000 | | || z,87,9s,oo,000 | | || is | | || 27 | | || miaceuadeoua | | || adjustments | | || be- | | || tween | | || the | | || caltral | | || and state | | || and | udiod | territory || m~ | | || | | || 1,78,000 | | || 609,000 | | || 28 | pre-partition payments | || 5,68,86,07,000 | | || cba1loild-int",t' | | || oft | | || dlbt | and | || otmr | | || obligatiom | | || iiiiil | | || rmluctilm | | || or | | || af1oi4tznu | 01 | dlbt || caaitom-pay"",," | | || of | | || statls' | | || s"," | | || 0/ | | || ufflolt | | || iucii, | | || dun" | | || ],89,87,000 | | || 25 | | || 1,89,87,000 | | || 29 | | || ministry | | || of | food, | aariculture, || community | dnelopment | || and | | || co-operation | | || 10,62,01,000 | | || 10,62,01,000 | | || 30 | | || agriculture | | || 1550,03,000 | | || 31 | | || p~~ | | || to | | || lddim | | || council | | || of | | || agricultural | | || research | | || 1,78,06,000 | | || 32 | | || forest | | || 3 | | || 0 | | || 3 | | || 2 | | || olber | | || reftjdue | | || bspedditure | | || of | | || " | die | || mijuiuy | | || of | | || :flood, | | || airi- | | || culmre, | | || commddlty | | || develop- | | || diiiiit | | || and | | || c,oopcaiad | | || 35 | | || 3'4 | | || mfiibcry | | || of | | || pcxeip | | || tnde | and | || supply | | - || 35 | suppliel | || and | | || djjpoea1a | | || 36 | | || ponjao | | || trade | | || 7>48,81,000 | | || 37 | other | reveaue&dcdditure || midiicry | | || of | | || jforefln | | || tilde | | || and | | || sappl)' | - | - || 73,31,000 | | || 72,31,000 | | || midiatry | | || of | | || health | | || and | | || family | | || piadnfdc | | || aad | | || works, | housina | || and | | || urban | | || develo'mcfi[ | | || 2399,66,000 | | || 39 | | || mccuc:al | | || and | | || pubtic | | || health | | || 45 | | || 4067 | | || ,so,ooe | | || 40 | | || pubuc | | || workl | | || 41 | | || sdaaery | | || add | | || prindda | | || so' | | || 42 | | || other reftdue | | || p:cpendtrnre | | || of | | || the | | || miaiatry | | || of | | || health | | || and | | || family | | || l'laddina idd | worb | || hoaaida | | || add | | || urban | | || deve1op- | | || ment | - | |total no of vote services and pu'))08ei ~-,--------------------~----------~-voted by parliament charged on the consolidated fund ---'~----------------------i------------~----------~-------------ro ri ri 43 ministry of home affairs 44 cabinet 66,68000 66,68,000 45 administration of justice 2>45,000 303,000 10 46 police 579614000 47 census 157840000 "96140000 is'''',ooo 48 statistics 3,',2,18,000 372,11,000 49 privy purses and !\llowancea of indian rulers - 0401066,000 i, 50 territorial and political pensions 1&m,ooo 51 delhi 43$0,40000 52 cbandigarh 5,88,81,000 6,i a4p,ooo 53 andaman and nicobar islands 7,84,26,000 714031,000 54 tribal areas 25144>45,000 25m0450e0 20 64,25,000 " dadra and nagar haveli arca 64-,,000 ',6 laccadive, minico}' and amindlvi islands 57 other revenue expenditure of the miniatry of home affalrt " m~ofbdusuul d"d~~ ment, internal trade and company affain 86,92000 4,&7,n,ooo 59 industries 10 60 salt 6430,000 61 other revenue bxpenditure of the mlni8try of idduitda1 d~ , velopmcnt btemal trade and company aft'iin - 62 ministry of information and broadcasting - other revenue expenditure of the ministry of "informadon uld broadc:abtina 65 minibtry of irrlpdon and power 66 multi-purpose river schemee 67 other revenue bxpenditan of the ministry of irripdon and power - 68 mlnlitrv of labour bntployment and rehabuitation - 0 no sum not cxceedlna of services and purpoits -ote sv voted by parliament charged on the conaolidated total fund - -ra ra ra 10 69 director genen1, mine safety 58,28,000 58,28,000 70 labour and bmployment 1604439,000 $,000 16mm,000 71 ~iture on displaced enona 1864,06,000 pooo 11,64a8,ooc 72 other revenue expenditure of the ministry of labour, bmployment and rehabilitation 8,64000 ',64,000 is 73 miniatry of law 86,53,000 86,53,000 74 other revenue expenditure of the ministry of law 2,02,25,000 2,02,1,,000 75 ministry of petroleum and chemicals and minea and metal, 52>46,000 52>46,000 76 geological survey 10,11,38,000 10,1i38,oco 77 other revenue ~diture of the ministry 0 petrolewn and chemicals and mines and 25 metal, 1589,80,000 19000 1,19,99000 78 mmiitry of shippm, and tranaport 14062,000 1>4d,62,ooo 79 roada 20,01,76,000 510,,000 20,06,86,000 80 mercantile marine 2,97,6s,ooo 2,97,6s,ooo ii i icbthouaee ad ij,btships imooo,ooo 1,44,00,000 b other reftduc ~iturc of the ministry of hipping and tndaport ' 3,09,57,000 3,09t57 ,or» 3' 13 mjdlitry of steel and heavy 22,80,000 ~,ooo rqineerm other revcdue ~ of the ministry 0 steel and heavy bniideerini 1,60,42,000 1,60042,000 is ~ of tourism and civil am n 23,s8,ooo 23,,1,000 86 meteorology <4t69,99aqoo 46999,000 17 amtion 16,2742,000 16,27042,000 88 other revcduc ~tun of the midiitry of ouriim and ciril aviation 276,06,000 276,06,000 4' 19 department of atomic bneray - 42,os,ooo 4s,os,ooo 90 other rcftdiic bxpeoditarc of the deputmedt of atomic j!dcl'iy 20,,2,73,000 2o,,::i73poo 91 dcpa1medt of commudbdona 19,os,ooo jj,01,ooo sums not exceeding service and purposes o of n v ote voted by c~ed on parliament the onsoli-total dated fund 5 rso rs re 92 2,85,07000 2,85,07,000 ovencas communications serv/c:e 93 posta and telegrapha (working &penlcl) 0 2,16,83,04,000 10,000 2,16,83,14,000 10 94 polta and telegraphs-dividend to general revenues, appropriation to reserve funds and repayments of loans from general revenues 33,97>48,000 00 33,97,48,000 95 other revenue ezpenditure of the department of communication 37,59,000 37,s9,ooo 96 department main of parliamentary 20 913,000 ,0 9,13,000 department of social welfare 0 19,78,000 00 1978,000 97 98 other reyenue &pedditure of the deputment of social welfare 4,53,98,000 50,000 4,54,48,000 2s planning cornmillion i,s79s,ooo 00 1,57,95,000 99 100 1,8451,000 83,000 1,8534,000 lot sabha 101 7763000 74,000 7837,000 raj, sabba cwaom_sr:f' houultold ijiid tlidfinjiiuj d till prisidmi '0 3,9,99,000 39,99,000 102 secretariat of the vice-prelident 0 3,02,000 3,02,000 ciuaobu_uilimt piiblie stnjie ~ '0 9511,000 9531,000 defence capital outlay 103 1,31,oa,oo,ooo 1000,000 ijii2oo,ooo 3s 104 736ss000 ,0 7,26,ss,ooo tos ca~ outlay of the ministry of uc:ation and youth sorvn 'ear:! outlay ontbe lddia ecurity preas 6656000 66,s6,ooo 106 ca~~ outlay on currency and omqe , , 0 15s6,34000 1 ss6z4,ooo capital outlay on minta , 15o,z7,ooo so,27,000 107 108 ca~outla: on k~ g~ 1,:a587,ooo 0, 1,25,87,000 commuted value ofptldlion9 6~79,ooo 2,50,000 6,05,29,000 45 109 no 192,00,000 1,92,00,000 other capital outlay ministry of finance of \he iii capital outlay on grauts to state goverllllldltl for development 0 34,98,03000 34,98,03000 so ua loans and advances by the central government ;4083,74,53,000 1,u,91 >30,000 12,50,6s,s3,ooo 100, 10, 1 1,06,000 1,00,10,11,06,000 owto~t df j)«jt • sums dot ucceding services and purpose no of vote total voted by charged on parliament the codlolidated 5 fund re rio 1,01,000 purchase of poodsrains and fertilizers - - - 10 114 other capital outlay of the ministry of food, agriadture, community development and co-operation - 1,10,000 l-!s capital outlay ofthe ministry of foreign trade and supply 2,0861000 15 116 delhi capital ouday 7,36,°5000 capital outlay on public works 10,00,000 9,12,95,000 1i7 li8 20 other capital outlay of the miniatrv ofhealtll,1dd family plaming,and worb,heualag and urban development - 1,09,00,000 capital outlay in uaioa territories and tribal area - 120 other capital outlay of the ministry of home a1fain - s,oo,ooo iu capital outlay of the ministry of ldduatrial development, internal trade and complldy afi'ain - capital outlar of the ministry of information and broadclating - - - - - 123 capital outlay on multi-purpose ruver schemes - - - 35 124 other capital outlar of the ministry of irription and power - - - - i2s capital outlay of the ministry of labour, bmployment and rebabilitluoiil - - - i 10,000 40 '>4407,000 i 86,60,69,000 126 capital outlay of the ministry of petroleum and chemk:als aod mine, and metlll - ~ 86,60,69,000 i ~,64ls2,ooo 46 ,"",32,goo 6,03,39,000 i27 capital outlay on roids 45 128 capital outlay on ports 0 6 ,"'79,000 f",so,ooo 4, so, 000 6,68,61,000 6,68,61,000 other capital outlay of the minitry of shipping and tl'1iiloiport - - - 1,71,<)4,,0,000 130 capital outlay of the ministry of so steel and heavyboameerina 17l,04,50,ooo capital outlay on aviation 12,1301000 132 other capital 0ut1ay of the ministry of touriem and civil iaviadon 0 0 - - ss 133 capital oaday of the dcpartmmt of atomic bderu - 1 2 3 no scmca ad jpcimi sum not exceedidi of i cite voted by charged od total pu'liament the caqioudated pimd: h ill i~ capital outlay ciii posta and tele-ijr&pbs (not met from revenue) s7,70,oo,ooo 57 ,10,00,000 10 135 other capital outlay of the deoartment of commuqicatiolls 4,49,80,000 :10,000 4,50 ,00,000 \otai 1 42024,12,70,000 1,18,48,,6,:10000 160,72,8890,000 statement of objects and reasonsthis bill is introduced in pursuarce 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 expenditure clarged on the consolidated fund and the grants made by the 1ok sa6hi-for expenditure of the central government, excluding railways, for the financial year 1-"70 morarji desai president's recommendation under article 117 of the constitution of india[copy of letter no f 3(40)-b/69, dated the 19th april, 1969 from shri morarji desai, deputy prime minister and minister of finance to the secretary, lok sabha] the president having been infonned 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 services of the financial year 1969-70 recommends under article 117 (1) and (3) of the constitution, the introduction of the appropriation (no3) bill, 1969, in the let sabha and also the consideration of the bill 2 the bill will be introduced in the lok sobha after the demands for grants for expenditure of the central government (excluding railways) for the year 1969-70 have been voted a bill , to authorise p-rnent arid appropriatioii of cenain sun1 from and out 0 the cou"olidated fund of india for the sorvices of the financial year 1969-70 (shri moratji des4i, dipuly prime mirrist, qiiil miflister of pmtfla)

Parliament_bills

61b874e5-b453-59c8-a7d7-b2cf5b4cb9cb

bill no 15 of 2019 the constitution (amendment) bill, 2019 byshri nishikant dubey, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the seventieth year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2019short title2 after article 85 of the constitution, the following article shall be inserted, namely:—insertion of new article 85a(i) each house of parliament shall compulsorily sit for not less than onehundred days in a year;minimum number of days in a year for sessions of parliament, etc(ii) there shall be four sessions including a special session of parliament;and(iii) the number of hours unutilized due to disruptions shall be compensated by extending each session by as many hours as the sittings were adjourned due to disruptions:5provided that the special session of parliament shall be for a minimum of fifteen days and shall only be devoted to deliberations of at least two urgent matters of public importance to be decided by all political parties and no other business including government legislative business shall be transacted in that session10explanation—a productive day in parliament shall be of at least seven hours and for calculating the number of days for which the session has to be extended, the number of adjourned hours shall be converted into number of productive days, after adjusting the hours when the house transacted business beyond seven hours" statement of objects and reasonssince the inception of parliament of india in 1952, parliament used to devote one hundred to one hundred and twenty days of a year to sit in sessions this trend, however, witnessed a decline over decades, bringing down this number to seventy to eighty days in a year over the years, disruptions in the smooth functioning of the parliament sessions have become a rather common feature in the indian democracy this causes grave monetary loss, wastage of time and most importantly, delay in the decision-making on vital issues of public importance by hasty passing of laws without sufficient deliberation various issue which resonate strongly within the society are not paid enough attention, get overlooked, or are not adequately discussed due to these reasons, productivity of parliament is on a decline and the people of the country are gradually losing faith in the relevance of this supreme lawmaking institutionmore time should be allotted for debate and discussion on important subjects so as to arrive at solutions and increase productivity of the parliament there is no rule to dictate the minimum number of days the parliament should mandatorily be in sessionsin india, as a practice, usually the government overshadows the selection of the topics of discussion in parliament to avoid logjams in the smooth functioning of parliament and to prevent washout of sessions, it is crucial that the opposition also gets equal and adequate voice in parliament therefore, opposition parties should also have an adequate say in deciding the agenda of parliament so as to increase accountability of the governmentin the light of the above, the bill, therefore, seeks to insert new article 85a in the constitution with a view to—(i) each house of parliament shall compulsorily sit for not less than one hundred days in a year;(ii) there shall be four sessions including a special session of parliament; and (iii) the number of hours unutilized due to disruptions shall be compensated by extending each session by as many hours as the sittings were adjourned due to disruptions the bill seeks to achieve the above objectives financial memorandumclause 2 of the bill provides that each house of parliament shall compulsorily sit for not less than one hundred days in a year it also provides that there shall be four sessions including a special session of parliament and that the number of hours unutilized due to disruptions shall be compensated by extending each session by as many hours as the sittings were adjourned due to disruptions the bill, if enacted, would involve expenditure from the consolidated fund of india it is, estimated that a recurring expenditure of about rupees one hundred and twenty crores per annum would be involved from the consolidated fund of indiano non-recurring expenditure is likely to involve lok sabha———— a billfurther to amend the constitution of india————(shri nishikant dubey, mp)mgipmrnd—3262ls(s3)—30-01-2019

Parliament_bills

af43f1af-6027-54b3-a85c-209e00ab9a4e

but no 54 of 1877 the appropriation (no ll bill, 1977 a bill to provide few the authorilgtion of appropriation of money out of the consolidated fund of india to meet the amounts spent on certain services during the fimncial year ended oft the 31st day of march, 1975 in e:rcebb of the amounts granted fof' those '67'vices and for that year bs it enacted by parliament in the twenty-eighth year of the republic of india as follows:-'3 1 this act niay be called the appropriation (no xl act, 1977 2 from and out of the consolidated fund of india, the sums specified s in column 3 of the schedule amounting in the aggregate to the sum of two hundred and forty-eight crores, fifty-five lakhs,' eighty-two thousand, four hundred and ninety-eight rupees shall be deemed to have been authorised to be paid and applied to meet the amonnt spent for defraying the charges in respect of the services specified in column 2 of the schedule during the financial year ended on the 31st day of march, 10 19'15, in excess of the amounts granted for those services and for that year short title iaaue of bii u8,55, 82498 out of the consou_ dated funci of iddiato ideet certain eeei, ezpendi tureldr tbe7ear eddedon the 'lit 1iareh~ unl 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 in the schedule in relation to the financial year ended on the 31st day of mareh, 1975 s j 2 -servioel add ,urpolel voted pordgd bxceit ~ tdtai i -n sv oaf gte -ri ra ri - i 12047,563 departmedt of alriculture rnaluil 12047s62 mjaiatry of commerce revenue 867309 10 ii '67,3051 13 , ,13889 : mbaiitry of communi-" c:atioda - · revenue 2,130989 , 9,0,71,016 is 17 ca-\l!tal outlay on posta add' eleara,bi - capital 9,03,71,016 : 737538 miqiatry of defedce revenue 737,,8 i 18 21 " ,,56,,85 defence servicel-air force · revenue 92056,785 26)11' ~8 :aa 20 defence scrvlclcl-pe'iiiiodi · iteftduc oo 31 oo '-,33,680 t_ on idc:ome, hatale dut)' \vedd1 tax ad gift t revenue 4633,680 780 stampl revenue 780 3a 34 sii3743 ~t coinj&e revenue 5113,743 13210,688 capital 13210,688 a_33,8a,289 22033,82,289 r~(jid'br - - c&pitai 30 40 300528 mjdiitrj of haith revenue jo,528 add pamn, pi8ddiq 48,148)4 tal 814934 41 med1c1l adcl public health cap! i 1 s ~ -&ceu -no of charsed total vote servicea and purposes voted portion portion -\ ri ra ri 43 midiatry of heavy induitry - revenue 18,336 18,336 ,0 other expenditure of the midiltry of home afi"ain revenue ,10,90,991 ,10,90,991 10 revenue i 's chandiprh 230790 s3,790 capital 389030 3,89,030 '3 andaman and nc:oblr iajmda i revenue 78,,1,083 78,,1,083 s7 minlitry of indultrial revenue development · i, 19,29,7" 19,39,77s 60 minlitry of idformadon and brmdcutidg · revenue 2,04,840 s,g4,bto 62 broadciitidg - revenue ss18,31l4 ,s18304 6, power schema · revedue s3340037 s334,o37 76 porta ~tbouaei · revenue ,,o18s7 ,,o18s? end s pplda - 80 minca and mlderala - revcdue s8,9i,337 s8,9i,337 94 atojnic bderu reieardl developmellt and industrial projedl - revenue 24,70789 s4070789 loa departmeot of space revedue 1i,96,oos 11,96,002 capital s7,"0449 s7,"0449 total 2821so38i no34,32,ii7 248",820498 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) oji the constitu~ of india read with article 115 thereof, to provide f(i)r 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 p,xpenditure of the central government, excluding railways, for the finallcilll year ended on the 31st day of march, 1975 h m patel recommendation of the vic~president acting as presi- dent under article 117 of the constitution of india[copy of letter no f 5 (70) -b (se) /76, dated the 15th june, 1977 from shri h m patel, minister of finance and revenue and banking to the secretary-general, lok sabha] the vice-president acting as 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 o~ india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 1975, 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 claus«:1(2) of article 115 thereof, the introduction of the appropriation (no v bill, 1977, in lot sabha and also recommends to lok sabha the consideration of the bill a billto provide for the authorisation of appr~riation 0:6 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, 1975, in excess of the amounts granted for those servieet add for that year (shri h m patel, minister of fioonce and revenue and banking)

Parliament_bills

9f862948-21d5-51bf-afb8-2dda857ac26c

bill no 130 of 2014 the flood control bill, 2014 by shri om prakash yadav, mp a billto provide for the setting up of a national flood control board to suggest measures to control floods and for matters connected therewith whereas entry 56 of list i—union list of the seventh schedule to the constitution provides for regulation and development of inter-state rivers and river valleys to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest;and whereas a lot of havoc is caused by floods every year in almost all parts of the country;and whereas it is expedient in the public interest to take effective measures for flood controlbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the flood control act, 20142 (1) the central government shall set up a board to be known as the national flood control board (hereinafter referred to as the board)setting up of a national flood control board5(2) the head office of the board shall be at new delhi3 (1) the board shall consist of—composition of the board(a) a chairperson, who shall be an expert dealing with flood control, to be appointed by the central government;5(b) one representative each from every state government and union territory, who shall be expert on flood control measures, to be nominated by the central government in such manner as may be prescribed (2) the salary and allowance payable to and other terms and conditions of service of the chairperson and other members of the board shall be such as may be prescribed104 the central government shall make available to the board such number of officers and staff as may be required for efficient functioning of the boardprovision of officers andstaff for the boardfunctions ofthe board5 the board shall—(a) identify the areas which are prone to floods;(b) suggest measures for flood control; (c) prepare a time bound plan for inter-linking of rivers which are prone tofloods with the ones which are not so;15 20(d) suggest measures for the development of land in areas which are prone tofloods;(e) deploy flood forecasting system in such areas which are prone to floodsand warn the inhabitants in those areas to move out to safer places in case floods are forecast in an area;(f) advise the state governments as to preventive and rehabilitation measures during floods; and(g) advise the state governments for proper storage of rain water and construction of dams256 the cost of taking up of the flood control measures as suggested by the boardshall be borne by the central government and the state governments in such ratio, as may be determined by the boardcost to be borne by central and state governments7 (1) the board shall make recommendations to the central government as to floodcontrol measuresrecommendations to the government30(2) it shall be the duty of the central government to implement the recommendationsof the board:provided that where it is felt necessary that any recommendation cannot beimplemented due to any reason, the central government may, to be recorded in writing, inform the board accordingly35annual report8 the board shall prepare every year, in such form as may be prescribed, an annualreport giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the central government and the central government shall cause the same to be laid before each house of parliamentpower to make rules409 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the act45(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 reasonsindia is the land of many great rivers floods occur in almost all river basins of the country the water resources of the country are not being fully utilized every year there are floods which cause immense loss of life and property whereas in some parts of the country there are floods, there is drought in other parts the national resources are damaged by floods this problem needs to be addressed urgently to mitigate the effects of floodstherefore, it is expedient in the public interest to evolve an integrated and scientific approach to the flood control problems and to draw out a national plan fixing priorities for implementation in the futurethe bill seeks to provide for the setting up of a national flood control board to suggest measures to prevent and control floods in the countryhence this billnew delhi;om prakash yadavnovember 3, 2014 financial memorandumclause 2 of the bill provides for setting up of a national flood control board clause 3provides for the composition of the board it further provides for salary and allowances of chairperson and members clause 4 provides that the central government shall provide officers and staff to the board clause 6 provides that the expenditure on flood control measures suggested by the board shall be borne by the central government and state governments 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 one hundred crore per annuma non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill gives power to the central government to frame rules for carrying out the purposes of the billthe rules will relate to matters of detail only and as such the delegation of legislative power is of a normal character lok sabha———— a billto provide for the setting up of a national flood control board to suggest measures to control floods and for matters connected therewith————(shri om prakash yadav, mp)gmgipmrnd—2663ls(s3)—01-12-2014

Parliament_bills

480869bb-9d1e-5c06-b25d-95edf2c6df1a

bill no 227 of 2015 the merchant shipping (amendment) bill, 2015 a bill further to amend the merchant shipping act, 1958be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the merchant shipping (amendment) act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 32 in section 3 of the merchant shipping act, 1958 (hereinafter referred to as the principal act),—(a) after clause 14, the following clause shall be inserted, namely:—'(14a) "gross tonnage" and "net tonnage" shall mean respectively the gross tonnage and the net tonnage of a ship as determined in accordance with the provisions of the international convention on tonnage measurement of ships, 1969;'; (b) clause (58) shall be omitted3 after part xb of the principal act, the following part shall be inserted, namely:—insertion of new part xba 'part xba civil liability for bunker oil pollution damage352ra this part applies to—application of this part5(a) pollution damage caused due to escape or discharge of bunker oil by every indian vessel wherever it is and every foreign vessel while it is—(i) within the territory including territorial sea of india; and1080 of 1976(ii) at a port or a 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 marine 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;15(b) preventive measures, wherever taken, to prevent or minimise such damage:provided that this part shall not apply to warships, naval auxiliary or other vessels owned or operated by the government and used, for the time being, only on government non-commercial service:20provided further that the bunker convention shall not apply to pollution damage as defined in clause (f) of section 352h relating to civil liability convention, whether or not compensation is payable in respect of it under that conventiondefinitions352rb in this part, unless the context otherwise requires,—(a) "bunker convention" means the international convention on civil liability for bunker oil pollution damage, 2001, as amended from time to time;25(b) "bunker oil" means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of a ship, and any residues of such oil;(c) "civil liability convention" means the international convention on civil liability for oil pollution damage, 1992, as amended from time to time;30(d) "incident" means any occurrence, or series of occurrences having the same origin which causes pollution damage or creates a grave and imminent threat of causing such damage;35(e) "person" means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions;(f) "pollution damage" means,—(i) loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occur:40provided that compensation for impairment of the environment other than loss or profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and45(ii) the costs of preventive measures and further loss or damage caused by such preventive measures; (g) "preventive measures" means any reasonable measures taken by any person after the occurrence of incident to prevent or minimise the pollution damage;(h) "registered owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning such ship:provided that in the case of a ship owned by a state and operated by a company which in that state is registered as ship's operator, "registered owner" means such company; (i) "ship" means any seagoing vessel and sea borne craft of any type whatsoever;5(j) "ship owner" means the owner including the registered owner, bareboat charterer, manager and operator of the ship;(k) "state of the ship's registry" means, in relation to a registered ship, the state of registration of the ship and, in relation to an unregistered ship, the state flag that ship is entitled to fly;10(l) "vessel" includes ship352rc (1) save as otherwise provided in section 352rd,–liability for bunker oil pollution(a) where pollution damage is caused due to discharge or escape of bunker oil on board or originating from a vessel, the owner of the vessel shall be liable—15(i) for any pollution damage caused outside the vessel bycontamination resulting from the discharge or escape;(ii) for the cost of any reasonable measures taken for the purpose ofpreventing or minimising any pollution damage so caused or likely to be caused; and(iii) for any damage caused by any such preventive measures so taken:20provided that where an incident consists of a series of occurrenceshaving the same origin, the liability shall attach to the owner at the time of the first of such occurrences and where more than one person is liable, their liability shall be joint and several;25(b) where there arises a grave and imminent threat of damage being causedoutside a vessel, the owner of the vessel shall be liable for the cost of any measures reasonably taken to prevent or minimise any such damage(2) where any incident involving two or more vessels occurs resulting in pollution damage, the owners of all vessels involved in such incident shall, unless the damage is reasonably separable, be jointly and severally liable for such damage30(3) with respect to ships owned by the government or the government of any country and used for commercial purposes, the government or the government of each of such country shall be liable for pollution damage under this partexemption from liability352rd (1) no liability for pollution damage shall be incurred by the owner of a vessel under this part, if he proves that such damage,—35(a) resulted from an act of war, hostilities, civil war, insurrection or anatural phenomenon of an exceptional, inevitable and irresistible character; or(b) was wholly caused by any act or omission done with an intent to causesuch damage by any person other than an employee or agent of the owner; or40(c) was wholly caused by the negligence or other wrongful act of the government or other authority responsible for maintenance of lights or other navigational aids in the exercise of such function (2) if the owner of a vessel proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, then, he shall be wholly or partially exonerated from his liability to such person45352re the owner of the vessel shall be entitled to limit his liability under this part, in respect of any one or more incident, in accordance with the provisions of part xa:right of owner to limitation of liabilityprovided that the owner shall not be entitled to limit his liability if it is proved that the incident causing pollution damage occurred as a result of his personal act or omission, committed or made with an intent to cause such damage, or recklessly and with knowledge that such damage would probably result5determination of limitation of liability352rf (1) where the owner of a vessel has or is alleged to have incurred a liability under section 352rc, he may make an application to the high court for determination of limitation of his liability in accordance with the provisions contained in part xa in such form and manner as may be prescribed(2) after receiving the application under sub-section (1), the high court shall determine the amount of owner's liability in accordance with the provisions contained in part xa and direct him to deposit such amount with the high court10consolidation of claims and distribution of amount352rg the high court shall consolidate all claims against the owner of thevessel who has deposited the amount under section 352rf or his insurer and shall distribute the amount rateably amongst the claimants in accordance with the provisions of part xa15extinguishment of right to claim352rh the right to claim compensation in respect of an incident under this part shall extinguish if such claim is not made within a period of three years from the date of occurrence of damage:provided that in no case, such claim may be made after six years from the date of incident which caused such damage:20provided further that where such incident consists of a series of occurrences, the period of six years shall run from the date of the first of such occurrence25352r-i (1) every registered owner of a vessel with more than one thousand gross tonnage shall, for the purpose of covering his liability for pollution damage under this part, be required to maintain compulsory insurance coverage or such other financial security, as may be prescribed, for an amount equivalent to his liability as determined in accordance with the provisions of part xamaintenance of compulsory insurance or other financial security30(2) any claim for compensation for pollution damage may be brought directly against the insurer or other person providing financial security for the registered owner's liability for pollution damage and in such a case, the insurer or such person may invoke defences (other than bankruptcy or winding up of the owner) which the owner would have been entitled to invoke, including limitation of liability pursuant to section 352rf:35provided that where the owner is not entitled to limitation of liability under section 352 rf, the insurer or such person may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained under sub-section (1):provided further that the insurer or such person may invoke the defence that the pollution damage resulted from the wilful misconduct of the owner but shall not invoke any other defence which such insurer or person might have been entitled to invoke in proceedings brought by the owner against such insurer or person:40provided also that the insurer or such person shall have the right to require the owner to be joined in such proceedingsissue of certificate352rj (1) in respect of every vessel which maintains insurance or other financial security under section 352r-i, the director general shall issue a certificate in such form, containing such particulars and subject to such conditions, as may be prescribed45(2) on an application made by the owner or agent of any foreign vessel, the director general may issue a certificate in respect of such foreign vessel on production of satisfactory evidence of maintenance of insurance or other financial security as required under section 352r-i50(3) every certificate under sub-sections (1) and (2) may be issued on payment of such fee as may be prescribed(4) every certificate issued under sub-sections (1) and (2) shall be renewed after its expiry in such manner and on payment of such fee as may be prescribed352rk (1) no vessel shall enter or leave or attempt to enter or leave any port or place to which this part applies, unless it carries on board a certificate issued under section 352rj5ban on entering or leaving port without certificate(2) any certificate issued by a competent authority in any country outside india to a ship registered in that country or any certificate issued by a competent authority of any country which is a contracting party to the bunker convention to any ship wherever registered, shall be accepted at any port or place in india as if it were issued under this act10(3) no port officer shall permit inward entry or outward clearance to any vessel to which sub-section (1) applies unless the master of the vessel produces the certificate referred to in sub-section (1)right of recourse352rl nothing contained in this part shall prejudice the right of recourse that the owner of the vessel may have against any other person in respect of his liability15recognition and enforcements of decision of court352rm (1) any decision given by a court under sub-section (2) of section352 rf shall be recognised in the country where the cause of action has arisen, except where—(a) the judgment was obtained by fraud; or20(b) the owner or the insurer or the person providing financial security who is a party to the proceedings was not given reasonable notice and a fair opportunity to present his case (2) a judgment recognised under sub-section (1) shall be enforceable in each of the affected country as soon as the procedures required in that country have been complied with:25provided that such procedure shall not permit the merits of the case to be reopenedpower to make rules352rn (1) the central government may make rules to carry out the purposes of this part30(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 application under sub-section (1) of section 352 rf;(b) the other financial securities under sub-section (1) of section 352r-i; (c) the form of the certificate, the particulars it may contain and the conditions subject to which it may be issued under sub-section (1) of section 352rj;35(d) the fee for issue of certificate under sub-section (3) of section 352rj;(e) the manner of renewal of certificate and the fees under sub-section (4)of section 352rj'404 for section 390 of the principal act, the following sections shall be substituted, namely:—substitution of new sections 390, 390a, 390b, 390c, 390d, 390e, 390f, 390g, 390h and 390-i for section 390 application of this part to wrecksprovided that this part shall not apply to,—5(a) any measures taken under the international convention relating to intervention on the high seas in cases of oil pollution casualties, 1969, as amended from time to time;(b) any warship or other ship owned or operated by the government for non-commercial servicedefinitions390a in this part, unless the context otherwise requires,—(a) "authority" means the director general or any person authorised by him;10(b) "affected country" means the country in whose convention area the wreck is located;(c) "coasts" include the coasts of creeks and tidal waters;15(d) "convention" means the nairobi convention on the removal of wrecks,2007, as amended from time to time;(e) "convention area" means the exclusive economic zone of a state party established in accordance with the international law or, if a state party has not established such zone, an area beyond and adjacent to the territorial sea of that state determined by that state in accordance with international law and extending not more than two hundred nautical miles from the baselines from which the breadth of its territorial sea is measured;20(f) "hazard" means any condition or threat that—(i) poses a danger or impediment to navigation; or25(ii) may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of india or any other country; (g) "maritime casualty" means a collision of ships, stranding or other incident of navigation or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;30(h) "operator of the ship" means the owner of the ship or any other organisation or person including the manager or the bareboat charterer who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the international safety management code, as amended from time to time;(i) "receiver of wreck" means the person appointed as such under section 391;35 40(j) "registered owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship at the time of the maritime casualty:provided that in the case of a ship owned by a state and operated by a company which in that state is registered as the operator of the ship, registered owner shall mean such company;45(k) "related interests", in relation to the interests of india directly affected or threatened by a wreck, means—(i) maritime coastal, port and estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned;(ii) tourist attractions and other economic interests of the areas concerned;(iii) the health of the coastal population and the well being of the area concerned, including conservation of marine living resources and of wildlife; and(iv) offshore and underwater infrastructure;50(l) "removal" means any form of prevention, mitigation or elimination of the hazard created by a wreck, and the expressions "remove", "removed" and "removing" shall be construed accordingly;5(m) "ship" means a seagoing vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources;(n) "state of the ship's registry" means, in relation to a registered ship, the state of registration of the ship and, in relation to an unregistered ship, the state, whose flag the ship is entitled to fly;10(o) "wreck", in relation to a maritime casualty, includes—(i) a sunken or stranded ship; or (ii) any part of a sunken or stranded ship, including any object or goods or cargo that is or has been on board such a ship; or15(iii) any object or goods or cargo that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or(iv) a ship that is in distress or is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken;(v) a vessel abandoned without hope or intention of recovery20explanation—for the purpose of this sub-clause, any question as to whether the measures adopted to assist the ship or any property in danger are effectively being taken or not shall be decided by the director general25duty to report wrecks390b (1) when any indian ship, has been involved in a maritime casualty resulting in a wreck in any area to which this part applies, the master and the operator of the ship shall, without any delay, report such incident to the receiver of wreck and the office of the director general30(2) when an indian ship has been involved in a maritime casualty resulting in a wreck in a convention area of any country, the master and the operator of that ship shall, without any delay, report such incident to the affected country in such manner as may be required by that country and shall also report such incident to the director general(3) when any ship other than indian ship has been involved in a maritime casualty resulting in a wreck in any area to which this part applies, the master and the operator of the ship shall, without any delay, report such incident to the receiver of wreck and the office of the director general35(4) the report referred to in sub-sections (1) and (3) shall provide the name and the principal place of business of the owner or the operator of the ship and all relevant information necessary for the receiver of wreck or the director general to determine whether the wreck poses a hazard as per the provisions of section 390c or not, including the following information, namely:—40(a) the precise location of the wreck; (b) the type, size and construction of the wreck; (c) the nature of the damage to, and the condition of, the wreck;45(d) the nature and quantity of the cargo, in particular any hazardous andnoxious substances; and(e) the amount and types of oil, including bunker oil and lubricating oil, onboard(5) the director general may, if he considers necessary, direct the receiver of wreck or any other person or authority to give report on details of the wreck390c for determining whether a wreck poses a hazard, the following criteria shall be taken into account, namely:—determination of hazard(a) the type, size and construction of the wreck; (b) depth of the water in the area; (c) tidal range and currents in the area;5(d) proximity to protected areas including coral reefs and other areas as notified by the government;10(e) particularly sensitive sea areas identified and, as appropriate, designated in accordance with guidelines adopted by the international maritime organisation, or a clearly defined area of the exclusive economic zone where special mandatory measures have been adopted in accordance with requirements of the united nations convention on the law of the sea, 1982;(f) proximity of shipping routes or established traffic lanes; (g) traffic density and frequency; (h) type of traffic;15(i) nature and quantity of the wreck's cargo, the amount and types of oil(such as bunker oil and lubricating oil) on board the wreck and, in particular, the damage likely to result if the cargo or oil is released into the marine environment;(j) vulnerability of port facilities; (k) prevailing meteorological and hydrographical conditions;20(l) submarine topography of the area; (m) height of the wreck above or below the surface of the water at lowest astronomical tide;(n) acoustic and magnetic profiles of the wreck;25(o) proximity of offshore installations, pipelines, telecommunication cables and similar structures;(p) proximity of tourist spots and heritage locations; and (q) any other circumstances that might necessitate the removal of the wreck25locating and marking of wrecks390d (1) the director general may, if he considers necessary, give directions to a receiver of wreck or any other person or authority including the director general of light house or the port authority or a maritime board or indian coast guard, as the case may, within their respective jurisdiction to locate and mark the wreck30(2) when a wreck has been determined to be a hazard under section 390c, it shall be the duty of the owner or the operator of such a ship to immediately mark the wreck at his or its own cost in such manner as may be prescribed and to maintain such marking until the wreck is removed(3) the cost for locating and marking the ship shall be borne by or recovered from the registered owner35390e (1) when it is determined that the wreck constitutes a hazard, the receiver of wreck shall inform the fact to the director general who shall—measures to facilitate the removal of wrecks(a) at once, inform the government of the state of the ship's registry and the registered owner of the ship; and(b) proceed to consult the government of the state of the ship's registry and other countries affected by the wreck regarding measures to be taken in relation to such wreck40(2) the registered owner of the ship or, as the case may be, the operator of the ship shall remove such wreck which has been determined to constitute a hazard:provided that where any dispute arises as to whether the wreck constitutes a hazard or not, the decision of the director general to whom such dispute may be referred shall be final and binding on all parties510(3) when a wreck has been determined to constitute a hazard, the registered owner of the ship or any interested person shall provide the director general or the receiver of wreck or any person or authority so authorised with the evidence of insurance or other financial security maintained by him in accordance with the provisions of section 390g(4) the receiver of wreck shall, having regard to the nature of the hazard, set such time limit as may be prescribed for the owner of the ship or its operator to remove the wreck15(5) if the owner of the ship or its operator or agent does not remove the wreck within the time set under sub-section (4), the receiver of wreck may, at the expense of such owner or operators, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment and the wreck or any sale proceeds derived from such wreck shall become the property of the central government20(6) in circumstances where immediate action is required and the receiver of wreck has informed the owner of the ship or the operator accordingly, he may, at the expense of such owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment25liability of owner390f (1) the registered owner shall be liable for the costs of locating, marking and removing the wreck under this part unless he proves that the maritime casualty which caused the wreck—(a) resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable and irrestible character; or30(b) was wholly caused by act or omission done with an intent to cause damage by a third party; or(c) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function35(2) nothing contained in this part shall affect the right of the registered owner to limit his liability in accordance with the provisions of section 352b(3) nothing contained in this part shall prejudice any right of recourse available to the registered owner against third parties40390g (1) every registered owner of an indian ship of three hundred gross tonnages and above shall, for the purpose of covering his liability under this part, be required to maintain compulsory insurance coverage or such other financial security, as may be prescribedmaintenance of insurance or other financial security45(2) every owner or operator of a ship other than an indian ship of three hundred gross tonnages and above, while it is in the area to which this part applies, shall maintain insurance coverage or other financial security to cover his liability under the convention and shall carry on board a certificate attesting that such insurance or other financial security is in force in accordance with the provisions of the convention(3) the certificate referred to in sub-section (2) shall, in case the ship is—(a) an indian ship, be issued by the authority;50(b) registered in a convention country other than india, be issued by orunder the authority of the government of that country; and(c) registered in a country which is not a convention country, be a certificate issued or certified by the appropriate authority authorised by any convention country (4) any ship found contravening the provisions of sub-section (2) shall be liable to be detained by the authority5(5) any claim for costs arising under this part may be brought directly against the insurer or other person providing financial security for the registered owner's liability and in such a case, the insurer or such person may invoke defences (other than bankruptcy or winding up of the registered owner) which the registered owner would have been entitled to invoke, including limitation of liability as provided under section 352b:10provided that where the registered owner is not entitled to limitation of liability under section 352b, the insurer or such person may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained under sub-section (1):15provided further that the insurer or such person may invoke the defence that the maritime casualty resulted from the wilful misconduct of the registered owner but shall not invoke any other defence which such insurer or person might have been entitled to invoke in proceedings brought by the registered owner against such insurer or person:20provided also that the insurer or such person shall have the right to require the registered owner to be joined in such proceedingsexception to liability390h (1) the registered owner shall not be liable under this part for meeting the costs referred to in section 390f if, and to the extent that, liability for such costs is in conflict with—| ( | a | ) any other part or provisions of this act; ||-------------|-----|--------------------------------------------------------------------------|| 25 | | || 38 of 2010 | | || ( | b | ) the provisions of the civil liability for nuclear damage act, 2010; or |(c) any other applicable or binding international legal instrument which india adopts30(2) where measures are taken under this part, to the extent such measures are construed to be salvage under the provisions of section 402, the provisions of said section 402 shall apply for the purposes of remuneration or compensation payable to salvers3515 of 1908explanation— for the removal of doubts, it is hereby clarified that the provisions of this section shall be construed harmoniously with the provisions of the indian ports act, 1908 and in case of any ambiguity or conflict thereof, the provisions of said indian ports act, 1908 shall prevail390-i any claim for recovery of costs for locating and marking of the ship under sub-section (2) of section 390d shall be made within a period of three years from the date of determination of the hazard:extinguishment of right to claim recovery of costs40provided that in no case such claim shall be made after six years from the date of the maritime casualty that resulted in the wreck:provided further that where the maritime casualty consists of a series of occurrences, the six year period shall run from the date of first occurrence' 5 in section 391 of the principal act, in sub-section (1), for the words "such local limits", the words "such limits" shall be substituted456 in section 395 of the principal act, for the words "within any local limits", the words"within the limits" shall be substitutedamendment of section 391 amendment of section 3957 in section 396 of the principal act, for the words "within the local limits", the words"within the limits" shall be substitutedamendment of section 3968 in section 398 of the principal act, for clause (a), the following clause shall be substituted, namely:—amendment of section 398"(a) it poses a hazard within the meaning of clause (f) of section 390a;"5amendment of section 3999 in section 399 of the principal act, in sub-section (2), for the words "are found on or near the coasts of india", the words "are found in any area to which this part applies" shall be substituted10 in section 400 of the principal act, in clauses (b) and (d), for the words "on or near the coasts of india", the words "in any area to which this part applies" shall be substituted11 for section 402 of the principal act, the following sections shall be substituted, namely:–10amendment of section 400substitution of new sections 402, 402a, 402b, 402c, 402d, 402e, 402f, 402g, 402h, 402-i and 402j for section 402'402 this part shall apply to a judicial or arbitral proceedings relating to salvage operations in respect of a vessel or any other property which are instituted in india:application of this part to salvageprovided that this part shall not apply to the fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of seabed mineral resources:15provided further that this part shall also not apply to warships or other noncommercial vessels owned or operated by the government which are entitled, at the time of salvage operations, to sovereign immunitydefinitions402a in this part, unless the context otherwise requires,—20(a) "damage to the environment" means substantial physical damage tohuman health or to marine life of resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents;(b) "payment" means any reward, remuneration or compensation dueunder the salvage convention;25(c) "property" means any property not permanently and intentionallyattached to the shoreline and includes freight at risk;(d) "salvage convention" means international convention on salvage,1989 as amended from time to time;30(e) "salvage operation" means any act or activity undertaken to assist avessel or any other property in danger in navigable waters or any other waters to which this part applies and includes,—(i) the raising, removal, destruction or rendering a vessel harmless which is sunk, wrecked, stranded or abandoned including anything that is or has been on board such vessel;35(ii) the removal, destruction or rendering the cargo of a vessel harmless; and(iii) the measures taken to avert or minimise loss to a vessel or its cargo or both;40(f) "salvor" means any person rendering services in direct connection with salvage operation;(g) "vessel" means any ship or craft, or any structure capable of navigation402b (1) where services are rendered—(a) wholly or in part within the territorial waters of india in saving life from any vessel, or elsewhere, in saving life from a vessel registered in india; or salvage payable for saving life, cargo or wreck5(b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place to which this part applies as specified in section 390; or(c) by any person other than the receiver of wreck in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum for salvage having regard to all the circumstances of the case10(2) salvage in respect of the preservation of life when payable by the owner of the vessel shall be payable in priority to all other claims for salvage15402c where salvage services are rendered by or on behalf of the government or by a vessel of the indian navy or of the coast guard or the commander or crew of any such vessel or the port authorities or a public authority, as the case may be, it shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvorsalvage operations controlled by government or port and public authorities salvage contracts402d (1) subject to the provisions of sections 402e and 402f, this part shall apply to any salvage operations save to the extent a contract otherwise provides expressly or by implication20(2) the master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel(3) the master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel25402e a contract or any terms thereof may be annulled or modified if,—annulment and modification of contracts(a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or(b) the payment under the contract is excessive and disproportionate to the services actually rendered30402f (1) the salvor shall have the following duties towards the owner of the vessel or other property in danger, namely:–duties of salvor and of owner and master(a) to carry out the salvage operations with due care; (b) to exercise due care to prevent or minimise damage to the environment during salvage operations;35(c) to seek assistance from other salvors including port authorities or public authorities when circumstances so require; and(d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger:provided that if it is found that such a request was unreasonable, it shall not prejudice the amount of reward of such salvor40(2) the owner and master of the vessel or the owner of other property in danger shall have the following duties to the salvor, namely:–(a) to co-operate fully with the salvor during the course of the salvage operations;(b) to exercise due care to prevent or minimise damage to the environment during salvage operations;(c) when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so; and5(d) to provide satisfactory security for the claim, including interest andcosts of the salvor for salvage operations, at the request of the salvor402g (1) the central government shall take such measures, as may be prescribed, to protect its coastline or related interests from pollution or threat of pollution arising out of a maritime casualty or acts relating to such casualty which may result in major harmful consequences10rights and duties of central government in relation to salvage operations(2) the central government shall give such directions as it deems fit to theconcerned ship owner or the master or the salvor or a port authority or a public authority or any other person in relation to salvage operations15(3) the central government shall, for the purposes of efficient and effectivesalvage operations, saving life or property in danger and preventing damage to the environment, seek cooperation from the concerned ship owner or the master or the salvor or a port authority or a public authority or any other person, to give assistance to vessels in need, to admit to ports of vessels in distress or in need of assistance and to give facilities to salvors20rights of salvors402h (1) a salvor shall have a right to payment for the services rendered by himrelating to salvage operations:provided that no such payment shall be made where there is express and reasonable prohibition from the owner or master of vessel or owner of any other property in danger25(2) the central government may prescribe the criteria for claiming rewards, themanner of fixing rewards, the payment of special compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment30(3) the salvor shall have right to enforce his maritime lien against the owner ormaster of vessel or owner of any other property in danger when satisfactory security for his claim, including interest and costs, has not been provided by such personadjudication of disputes402-i (1) a dispute relating to claims under this part shall be determined uponapplication made by either of the disputing parties to the concerned high court35(2) where there is any dispute as to the persons who are entitled to the salvage amount under this section, the high court shall decide the dispute and if there are more persons than one entitled to such amount, the high court shall apportion the amount thereof, among such persons40(3) the costs of and incidental to all proceedings before the high court under this section shall be in the discretion of the high court and the high court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid45(4) the high court may, by interim order, direct that the salvor shall be paid such amount as may appear to it to be fair and just, upon such terms, including terms as to security, as may appear to it to be necessary, fair and just, according to the circumstances of each case:provided that where any interim payment is made, the security provided under clause (d) of sub-section (2) of section 402e shall be reduced accordingly402j (1) any action relating to payment under this part shall extinguish if such claim is not made within a period of two yearsextinguishment of claims(2) for the purposes of this section, the period of limitation shall commence from the date of completion of salvage operation'512 in section 404 of the principal act, in sub-section (2), after clause (g), the following clauses shall be inserted, namely:—amendment of section 404"(h) the manner of marking wreck under sub-section (2) of section 390d;(i) the time limit for removing wreck under sub-section (4) of section 390e; (j) the other financial security under sub-section (1) of section 390g;10(k) the measures to be taken to protect the coastline related interests from pollution or threat of pollution under sub-section (1) of section 402g;(l) any other matter for which rule is required to be made for the implementation of the nairobi convention on the removal of wrecks, 2007 or the salvage convention" statement of objects and reasonsthe merchant shipping act, 1958 was enacted to foster the development and to ensure the efficient maintenance of an indian mercantile marine sector in a manner best suited to serve the national interest international maritime organisation ( imo), as the global standard-setting authority for the safety, security and environmental performance of international shipping, creates fair and effective regulatory framework for the shipping industry in the form of conventions for universal adoption and implementation2 the international convention on civil liability for bunker oil pollution damage2001 (bunker convention) ensures that adequate, prompt, and effective compensation is available to persons who suffer damage caused by spills of oil, when carried as fuel in ships' bunkers the convention applies to damage caused on the territory, including the territorial sea, and in exclusive economic zones of states partiesthe convention provides a separate instrument covering pollution damage only3 the nairobi international convention on the removal of wrecks 2007 (nairobi convention) provides the legal basis to remove shipwrecks that may have the potential to affect adversely the safety of lives, goods and property at sea, as well as the marine environment the convention fills the gap in the existing international legal framework by providing the first set of uniform international rules aimed at ensuring the prompt and effective removal of wrecks located beyond the territorial sea4 the international convention on salvage (salvage convention) 1989 replaced the prevalent "no cure, no pay" principle where a salvor is only rewarded for services if the operation is successful by towing a damaged tanker away from an environmentally sensitive area, salvor prevents major pollution incidents but the prevalent "no cure, no pay" principle acted as a disincentive for operation, where chances of success were slim the 1989 salvage convention remedied this deficiency by making provision for an enhanced salvage award in preventing or minimising damage to the environment and by introducing a "special compensation" to be paid to salvors who fail to earn a reward in the normal way5 india is a member of imo and as and when government of india approves to be a party to an international convention by accession/ratification, the convention is given effect by suitably incorporating its provisions in our domestic legislation the accession to bunker convention 2001 is now approved and, for implementing the convention, the merchant shipping act 1958 requires further amendments the amendments incorporate the convention provisions by inserting part xba in the act titled "civil liability for bunker oil pollution damage" india is already a party to the nairobi convention and salvage convention however, in the light of experiences gained in implementing part xiii titled "wreck and salvage", it was felt necessary to amend the part xiii to make them progressive and in tune with nairobi convention and salvage convention6 under the provisions of the merchant shipping (amendment) bill, 2015, the registered owner of a vessel has to maintain compulsory insurance cover which allows claim for compensation for bunker pollution damage to be brought directly against an insurer ships of 1000 gt and above has to carry a certificate onboard to the effect that it maintains insurance or other financial security, without which these vessels will not be allowed to enter or leave india the liability cover for bunker pollution damage shall be equal to the limits of liability under the applicable national or international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the convention on limitation of liability for maritime claims, 19767 the amendments shall also facilitate more purposeful approach towards removal of wrecks and salvage, protect indian waters from the wreck hazards and introduce internationally recognised and approved rules for removal of wrecks private and public entities will be encouraged to participate in salvage operations on account of adequate remuneration for services rendered specially to protect the environment or minimise its damage salvage services provided for saving life, cargo or wreck will be paid on priority to other claims for salvage salvage services provided by the government shall also be entitled to rights and remedies as those of any other salvor the bill provides for duties of the salvor, owner and master of a vessel it also provides for rights and duties of the central government in cases of maritime casualty in protecting its environment and coastline and to pass directions with regard to salvage operations8 the bill seeks to achieve the above objectivesnew delhi;nitin gadkarithe 24th july 2015 memorandum regarding delegated legislationclause 3 of the bill seeks to insert a new part xba in the merchant shipping act, 1958relating to civil liability for bunker oil pollution damage the proposed section 352rn of the said part xba confers power upon the central government to make rules for carrying out the provisions of the bill the matters in respect of which rules may be made are— (a) the form and manner of making application under sub-section (1) of section 352 rf; (b) the other financial securities under sub-section (1) of section 352r-i; (c) the form of the certificate, the particulars it may contain and the conditions subject to which it may be issued under sub-section (1) of section 352rj; (d) the fee for issue of certificate under sub-section (3) of section 352rj; (e) the manner of renewal of certificate and the fees under sub-section (4) of section 352rjclause 12 of the bill seeks to amend sub-section (2) of section 404 relating to power to make rules respecting wreck and salvage so as to insert clauses (h) to (l) therein, to provide rule making powers in respect of—(a) the manner of making wreck under sub-section (2) of section 390d; (b) the time limit for removing wreck under sub-section (4) of section 390e; (c) the other financial security under sub-section (1) of section 390g; (d) the measures to be taken to protect the coastline related interests from pollution or threat of pollution under sub-section (1) of section 402g; and (e) any other matter for which rules are required to be made for the implementation of the nairobi convention on the removal of wrecks, 2007 or the salvage conventionthe rules made by the central government shall be laid, as soon as may be after they are made before each house of parliamentthe matters in respect of which the 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 power is, therefore, of a normal character annexure extracts from the merchant shipping act, 1958 (44 of 1958) [10] m c gonzalez-garcia, m c gonzalez-garcia, mdefinitions3 in this act, unless the context otherwise requires,— [10] m c gonzalez-garcia, m c gonzalez-garcia, m(58) "wreck" includes the following when found in the sea or in tidal water or on the shores thereof—(a) goods which have been cast into the sea and then sink and remain under water;(b) goods which have been cast or fall into the sea and remain floating on the surface;(c) goods which are sunk in the sea, but are attached to a floating object in order that they may be found again;(d) goods which are thrown away or abandoned; and (e) a vessel abandoned without hope or intention of recovery; part xiii wreck and salvage wreck390 in this part, the word "coasts" includes the coasts of creeks and tidal riversdefinition of "coasts"receivers of wreck391 (1) the central government may, by notification in the official gazette, appoint any person to be a receiver of wreck (in this part referred to as receiver of wreck) to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such local limits as may be specified in the notification 395 any person finding and taking possession of any wreck with in any local limits for which there is a receiver of wreck, or bringing within such limits any wreck which has been found and taken possession of elsewhere, shall, as soon as practicable—procedure to be observed by persons finding wreck(a) if he be the owner thereof, give the receiver of wreck notice in writing of the finding thereof and of the marks by which such wreck is distinguished;(b) if he be not the owner of such wreck, deliver the same to the receiver of wreck396 whenever any vessel is wrecked, stranded or in distress as aforesaid, the receiver of wreck within the local limits of whose jurisdiction the vessel is wrecked, stranded or in distress may conduct an investigation into all or any of the following matters, that is to say,—investigation of certain matters in respect of vessels wrecked, etc(a) the name and description of the vessel; (b) the names of the master and of the owners; (c) the names of the owners of the cargo; (d) the ports from and to which the vessel was bound; (e) the occasion of the wrecking, stranding, or distress of the vessel;(f) the services rendered; and (g) such other matters or circumstances relating to the vessel, the cargo or the equipment, as the receiver thinks necessary 398 a receiver of wreck may at any time sell any wreck in his custody if, in his opinion,—immediate sale of wreck by receiver in certain cases(a) it is under the value of five hundred rupees; or (b) it is so much damaged or of so perishable a nature that it cannot with advantage be kept; or(c) it is not of sufficient value for warehousing, and the proceeds of the sale shall, after defraying the expenses thereof, be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold399(1) claims of owners to wreck(2) where any articles belonging to or forming part of a vessel other than an indian vessel which has been wrecked or belonging to and forming part of the cargo of such vessel, are found on or near the coasts of india or are brought into any port in india, the consular officer of the country in which the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have belonged shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, with respect to the custody and disposal of the articles 400 no person shall— prohibition of certain acts in respect of wreck(b) impede or hinder or attempt in any way to impede or hinder the saving of any vessel stranded or in danger of being stranded or otherwise in distress on or near the coasts of india or of any part of the cargo or equipment of the vessel, or of any wreck; or (d) wrongfully carry away or remove any part of a vessel stranded or in danger of being stranded or otherwise in distress, on or near the coasts of india, or any part of the cargo or equipment of the vessel or any wreck salvage402 (1) where services are rendered—(a) wholly or in part within the territorial waters of india in saving life from any vessel, or elsewhere in saving life from a vessel registered in india; orsalvage payable for saving life, cargo or wreck(b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place on or near the coasts of india; or(c) by any person other than the receiver of wreck in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum for salvage having regard to all the circumstances of the case(2) salvage in respect of the preservation of life when payable by the owner of the vessel shall be payable in priority to all other claims for salvage(3) where salvage services are rendered by or on behalf of the government or by a vessel of the indian navy or of the coast guard or the commander or crew of any such vessel, the government, the commander or the crew, as the case may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvor30 of 1978explanation—"coast guard" means the coast guard constituted under section 3 of the coast guard act, 1978(4) any dispute arising concerning the amount due under this section shall be determined upon application made by either of the disputing parties—(a) to a judicial magistrate of the first class or a metropolitan magistrate, as the case may be, where the amount claimed does not exceed ten thousand rupees; or(b) to the high court, where the amount claimed exceeds ten thousand rupees(5) where there is any dispute as to the persons who are entitled to the salvage amount under this section, the judicial magistrate of the first class or the metropolitan magistrate or the high court, as the case may be, shall decide the dispute and if there are more persons than one entitled to such amount, such magistrate or the high court shall apportion the amount thereof among such persons(6) the costs of and incidental to all proceedings before a judicial magistrate of the first class or a metropolitan magistrate or the high court under this section shall be in the discretion of such magistrate or the high court, and such magistrate or the high court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid lolok sabhal———— a billfurther to amend the merchant shipping act, 1958————(shri nitin gadkari, minister of shipping)gmgipmrnd—1980ls(s3)—03-08-2015

Parliament_bills

0d994df2-c2fc-54b9-9b5c-ea21179072e6

bill no 113 of 2010 the constitution (scheduled castes) order (amendment) bill, 2010 byadv pt thomas, mp a billfurther to amend the constitution (scheduled castes) order, 1950be it enacted by parliament in the sixty-first year of the republic of india as follows:—"46 pulluvan" statement of objects and reasonsin pursuance of article 341 of the constitution, the list of scheduled castes was first notified in 1950 and thereafter the list has been modified from time to timepulluvan community of kerala was initially included in the constitution (scheduled castes) order, 1950 however, in 1956 when the list of scheduled castes was revised by the central government, the 'pulluvan' community was shown as 'palluvan' due to printing mistake this printing mistake in the nomenclature has deprived the persons belonging to this community of the benefits being enjoyed by the scheduled castes as a matter of fact there is no community as palluvan in kerala therefore, the list should be corrected to spell the community correctlythe representatives of this community have been making representations to the state government as well as the central government in this regard, but so far, it has not been correctedin 1990, when the matter was taken to the kerala high court, hon'ble high court in its judgement held that the entry 'palluvan' in the scheduled castes list of kerala was a printing mistake and therefore, the pulluvan community was entitled to all the benefits of scheduled castesin view of the aforesaid judgement, the government of kerala vide go (p) no 65/96/scstdd dated 19121996 granted all the benefits of scheduled castes to the pulluvan communitythe bill seeks to correct this mistake by substituting entry 46 'palluvan' of the constitution (scheduled castes) order, 1950 in respect of the state of kerala as 'pulluvan'hence this billaugust 13, 2010 financial memorandumclause 2 of the bill seeks to substitute the entry "palluvan" with the entry"pulluvan", in the list of constitution (scheduled castes) order, 1950 in respect of the state of kerala the bill, therefore, if enacted, would involve expenditure on account of benefits to be extended to the people belong to pulluvan community under the continuing schemes and programmes of the government meant for social, educational and economic development of the scheduled castes it is estimated that a sum of approximately rupees twenty-five crore is likely to be involved as a recurring expenditure per annumno non-recurring expenditure is likely to be involved annexure extract from the constitution (scheduled castes) order, 1950co 19 (part iii—rules and orders under the constitution) part viii—kerala 46 palluvan lok sabha———— a billfurther to amend the constitution (scheduled castes) order, 1950————(adv pt thomas, mp)gmgipmrnd—4476ls(s3)—21-10-2010

Parliament_bills

9e7a0b33-f89b-59a5-8e82-9a12773d8622

bill no 130 of 2010 the state bank of india (subsidiary banks) amendment bill, 2010 a billfurther to amend the state bank of india (subsidiary banks) act, 1959be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title and commencement1 (1) this act may be called the state bank of india (subsidiary banks) amendment act, 2010(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5amendment of section 238 of 19592 in section 2 of the state bank of india (subsidiary banks) act, 1959 (hereinafter referred to as the principal act),—(i) in clause (b), sub-clause (ii) shall be omitted;(ii) in clause (c), sub-clause (ii) shall be omitted;(iii) in clause (d), sub-clause (ii) shall be omittted103 in section 3 of the principal act, clause (b) shall be omittedamendment of section 3 statement of objects and reasonsin terms of the state bank of india (subsidiary banks) act, 1959, the bank of indore limited became a subsidiary of the state bank of india and was renamed as state bank of indore in view of the recent developments in international banking scenario and for better functioning, the state bank of india has, with the sanction of the central government and in consultation with the reserve bank of india, entered into negotiations for acquiring the business, including the assets and liabilities of the state bank of indore the terms and conditions relating to such acquisition were agreed upon by the central board of the state bank of india and the board of the state bank of indore in the form of a scheme2 thereafter, the reserve bank of india approved the acquisition of the business of the state bank of indore and in exercise of the powers conferred by sub-section (2) of section 35 of the state bank of india act, 1955, the central government has accorded its sanction thereto accordingly, the acquisition of the state bank of indore order, 2010 was published in the gazette of india, vide, notification no gsr 638(e), dated the 28th july, 2010 as per the said order, the business of the state bank of indore has to be carried out by the state bank of india in accordance with the state bank of india act, 1955 after the acquisition of the state bank of indore by the state bank of india vide said order, references to the state bank of indore in the state bank of india (subsidiary banks) act, 1959 have become redundant it is therefore, proposed to amend the state bank of india (subsidiary banks) act, 1959 to omit such references3 the bill seeks to achieve the above objectsnew delhi;pranab mukherjeethe 10th november, 2010 annexure extracts from the state bank of india (subsidiary banks) act, 1959 (38 of 1959) definitions2 in this act, unless the context otherwise requires,— (b) "corresponding bank" means,— (ii) in relation to the state bank of indore, the bank of indore, limited; (c) "corresponding new bank" means,— (ii) in relation to the bank of indore, limited, the state bank of indore; (d) "existing bank" means any of the following banks, namely:— (ii) bank of indore, limited; chapter ii constitution of new banks and change of name of anyestablishment of new bankssubsidiary bank3 with effect from such date as the central government may, by notification in the official gazette, specify in this behalf, there shall be constituted the following new banks, namely:— (b) the state bank of indore; lok sabha———— a billfurther to amend the state bank of india (subsidiary banks) act, 1959————(shri pranab mukherjee, minister of finance)gmgipmrnd—5164ls(s3)—12-11-2010

Parliament_bills

a06564a2-a121-5701-9bf0-69c96fa7192c

bill no xxx of 2010 the tamil nadu legislative council bill, 2010 a billto provide for the creation of legislative council for the state of tamil nadu and for matters supplemental, incidental and consequential theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the tamil nadu legislative council act, 2010creation of legislative council for tamil nadu3 (1) as from such date as the president may, by order appoint, there shall be a legislative council for the state of tamil nadu; and as from that date, in sub-clause (a) of clause (1) of article 168, after the word "karnataka,", the words "tamil nadu", shall be inserted(2) in the said council, there shall be 78 seats of which—5(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be 26, 7 and 7 respectively;10(b) the number to be filled by persons elected by the members of the legislative assembly of tamil nadu in accordance with the provisions of sub-clause (d) of the said clause shall be 26; and(c) the number to be filled by persons nominated by the governor of tamil nadu in accordance with the provisions of sub-clause (e) of that clause shall be 12(3) as soon as may be after the commencement of this act, the president, after consultation with the election commission, shall, by order, determine,—15(a) the constituencies into which the state of tamil nadu shall be divided for the purpose of elections to the said council under each of the sub-clauses (a), (b) and (c)of clause (3) of article 171;(b) the extent of each constituency; and (c) the number of seats to be allotted to each constituency20(4) as soon as may be after such determination, steps shall be taken to constitute the said council in accordance with the provisions of this act, the representation of the people act, 1950 and the representation of the people act, 195143 of 1950 43 of 19514 in the representation of the people act, 1950,—(a) in the third schedule, after entry no6 relating to karnataka, the following entry shall be inserted, namely:—25amendment of third schedule and fourth schedule to act 43 of 1950"7 tamil nadu 78 26 7 7 26 12";(b) in the fourth schedule, after the heading "karnataka" and the entries thereunder, the following heading and entries shall be inserted, namely:— "tamil nadu1 municipalities, as referred to in article 243q of the constitution302 panchayat union councils 3 cantonment boards 4 district panchayats referred to in the tamil nadu panchayat act, 1994tamil nadu act 21 of 19941 of 200635amendment of section 15a of act 43 of1951 5 in section 15a of the representation of the people act, 1951, after the words and figures ''under the andhra pradesh legislative council act, 2005", the words and figures "and constituting the legislative council of the state of tamil nadu under the tamil nadu legislative council act, 2010" shall be inserted statement of objects and reasonsarticle 168 of the constitution, inter alia, provides for constitution of two houses in six states and one house in other states where there are two houses of the legislature of a state, one is known as legislative council and other as legislative assembly at the commencement of article 168 of the constitution, a legislative council for the erstwhile state of madras was envisaged the state was renamed as the state of tamil nadu vide the madras state (alteration of name) act, 1968 however, the tamil nadu legislative council was abolished with effect from the 1st november, 1986 vide the tamil nadu legislative council (abolition) act, 19862 clause (1) of article 169 of the constitution provides that parliament may, by law, provide for the abolition of the legislative council of a state having such a council or for the creation of such a council in a state having no such council if the legislative assembly of the state passes a resolution to that effect by a majority of the total membership of the assembly and by a majority of not less than two-thirds of the members of the assembly present and voting3 on the 26th july, 1996, the tamil nadu legislative assembly passed a resolution for creation of a legislative council in the state and a bill, namely, the legislative council bill, 1997 which provided for creation of a legislative council in the states of punjab and tamil nadu was introduced in lok sabha on the 14th august, 1997 but the bill lapsed on the dissolution of the eleventh lok sabha however, the tamil nadu legislative assembly passed another resolution on the 12th september, 2001 rescinding its earlier resolution dated the 26th july, 1996 and hence no further action for revival of the proposal could be taken4 on the 12th april, 2010, the tamil nadu legislative assembly passed a resolution in terms of clause (1) of article 169 of the constitution for the creation of legislative council in that state it is, accordingly, proposed to enact a law providing for the creation of legislative council for the state of tamil nadu with seventy-eight members paving way for giving better opportunity to people's participation in governance and decision making the expenditure in respect of the legislative council will have to be borne by the government of tamil nadu5 the bill seeks to achieve the above objects and also provides for matters supplemental, incidental and consequential to the creation of the proposed legislative councilnew delhi;the 4th may, 2010m veerappa moily annexure extract from the constitution of india chapter iii—the state legislature general168 (1) for every state there shall be a legislature which shall consist of the governor, and—constitution of legislatures in states(a) in the states of andhra pradesh, bihar, madhya pradesh, maharashtra, karnataka and uttar pradesh, two houses;———— extract from the representation of the people act, 1951 (43 of 1951)37 of 1956 1 of 2006notification for certain elections to legislative councils15a for the purpose of constituting the legislative council of the state of madhya pradesh under the states reorganisation act, 1956, and constituting the legislative council of the state of andhra pradesh under the andhra pradesh legislative council act, 2005, the govenor of each of the aforesaid states shall, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission, call upon the members of the legislative assembly of the state and all the council constituencies to elect members in accordance with the provisions of this act and of the rules and orders made thereunder ———— a billto provide for the creation of legislative council for the state of tamil nadu and for matters supplemental, incidental and consequential thereto————gmgipmrnd—2400rs(s5)—04-05-2010

Parliament_bills

5733ecce-1402-5bb7-908c-9d02a2904ea6

financial memorandumclause 3 provides that the government shall endeavour to provide employment to all eligible citizens clause 4 of the billi seeks to provide unemployment allowance to the citizens who have attained the age of eighteen years or above clause 5 provides for unemployment insurance scheme this involves a recurring expenditure of about one hundred crore rupees per annum from the consolidated fund of india the recurring expenditure is expected to reduce substantially as and when employment is provided no non-recurring expenditure is likely to be involved ' memorandum regarding delegated legislationclause 4 of the bill empowers the government to make rules for fixing the rate of unemployment allowance similarly, clause 6 empowers the government to fix the rate of contribution to unemployment insurance scheme clause 7 empowers the government to make rules for carrying out the provisions of the bill the matters in respect of which such rules may be made would relate to matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of the legisiative power is of a normal character

Parliament_bills

bac26424-f31d-5f82-8af8-a2a70ae9c585

bill no 245 of 2017 the constitution (amendment) bill, 2017 by shri rajiv pratap rudy, mp a 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, 2017amendment of article 172"(1a) subject to the provisions of clause (1), parliament may, by law, extend or curtail the duration of the term of the legislative assembly of a state so that elections to all the state legislative assemblies may coincide with the general elections to the house of the people by the year 2024curtailing the duration of the term of the state legislative assemblies so that the elections to the state legislative assemblies are held simultaneously with the general elections to the house of the people by the year 2024"3 for article 326 of the constitution, the following article shall be substituted, namely:—substitution of new article for article 326"326 the elections to the house of the people and to the legislative assembly of every state shall be held simultaneously on the basis of adult suffrage; that is to say, every person who is a citizen of india and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election"elections to the house of the people and to the legislative assemblies of states to be held simultaneously on the basis of adult suffrage510 statement of objects and reasonsthe constitution of india has vested the election commission of india the superintendence, direction and control of the entire process for conduct of elections to parliament and legislature of every state however, frequent elections across the country have placed indian polity perennially in an election mode this will hamper long-term policy making because every decision of the state or central government is seen as a reason for voteson an average the country witnesses, elections to about five to seven state assemblies every year adding to it is the elections to the third tier of government ie panchayati raj institutions and municipal bodies in rural and urban areas respectively, bye-elections etc this has substantially increased the number of elections in any given year with multiple elections, the model code of conduct is in force for most of the time which prevents the government from initiating new projects and ultimately slow down development work it affects stability and economic developmentbesides the lok sabha elections in 2014, elections were held to about fifteen states assemblies during march 2014-may 2016 in 2014 alone, elections were held in march-may (lok sabha, andhra pradesh, telangana, odisha and sikkim), september-october (haryana, maharashtra) and state assemblies were announced within a month of concluding elections to other state assemblies this would not only end up negatively impacting administrative and developmental activities in the poll bound states/regions but also substantially increase the cost of conducting elections to the largest democracy in the worldin lieu of this, the standing committee on personnel, public grievances, law and justice submitted its report on the "feasibility of holding simultaneous elections to the house of people (lok sabha) and state legislative assemblies" in december 2015the committee report suggested that the holding of simultaneous elections to lok sabha and state assemblies would reduce—(1) the massive expenditure that is currently incurred for the conduct of separate elections;(2) the policy paralysis that results from the imposition of the model code of conduct during elections time;(3) impact on delivery of essential services; and (4) burden on crucial manpower that is deployed during election time the election commission is of the view that simultaneous elections will give enough time for the elected incumbent government to formulate policies and implement programs continuously for a longer period without any interruption caused by imposition of model code of conduct in fact, the election commission has favored holding simultaneous elections to the lok sabha and state assemblies however, it is for all the political parties to come together on board for hold such synchronized elections of indiathe bill, therefore, seeks to amend the constitution with a view to curtail or extend the duration of legislative assemblies of states so as to ensure that the elections to the state legislative assemblies are held simultaneously with the general elections to the house of the people by the year 2024hence this billnew delhi;rajiv pratap rudynovember 27, 2017 annexure [extract from the constitution of india]| ||---------------------------------------------------------------------------------------------|| duration of || state || legislatures || 172 || (1 || ) every legislative assembly of every state, unless sooner dissolved, shall || continue for five years from the date appointed for its first meeting and no longer and the || expiration of the said period of five years shall operate as a dissolution of the assembly: |provided that the said period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate(2) the legislative council of a state shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by parliament by law| | | | | | ||-------|------|------|------|------|-----|326 the elections to the house of the people and to the legislative assembly of every state shall be on the basis of adult suffrage; that is to say, every person who is a citizen of india and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not othewise disqualified under this constitution or any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such electionelections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage lok sabha———— a billfurther to amend the constitution of india————(shri rajiv pratap rudy, mp)gmgipmrnd—2647ls(s3)—19-12-2017

Parliament_bills

6d10569c-dbf1-5f3b-b959-f92c05910123

financial memorandumclause 3 of the bill provides for free medical and engineering education by the appropriate government for meritorious and economically weaker students admitted in a privately owned medical or engineering college this clause also provides for scholarships including certain other facilities to poor students as regards the expenditure involved in giving effect to the provisions of the bills in states, it shall be borne out of the consolidated funds of the respective states however, in case of union territories, the expenditure shall be met dut of the consolidated fund of india it is estimated that a sum of rupees fifty crore is likely to be involved as a recurring expenditure per annum no 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 provisions of the bill these rules will relate to matters of details only the delegation of legislative power is, therefore, of a normal character

Parliament_bills

3fafdf27-f6d9-5dbd-9996-58d99eded1f0

_ no 21 of 1986- the appropriation (railways) no2 bill, 1988 a billto authorise payment and appropriation of certain further aums from cmd out of the consolidated fund of imia for the fm)ioes of the linancial year 1985-86 for the purpose of railways be it enacted by parliament in the thirty-seventh 'year of the republic of india as follows:-1 this act may be called the appropriation (railways) no2 act, short 1986 title 5 2 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those speclfted in column 3 of the sehedule amounting in the aggregate to the sum of two hundred and eighty-seven crores, fifty-three lakhs and four thousand rupees towards defraying the several charges which will come in course of payment during the financial 10 year 1985-86, in respect of the services relating to railways specified in column 2 of the schedule issueot rs287,53, ck,ooo out of the consolidated fwuiof india for the flnancial :year 1985-86 appropriation 3 'the sums authorised to be paid and applied from and out' of tho consolidated fund of india by this act hall be appropriated for the services and purposes expressed in the schedule in relation to the said :15 year the schedule (see sections 2 and 3)no 0( services and purposes suiil! not ucxeding vot~ i total voted by parliament charged on the coruolidated fund ri re its railway board 38,99,000 10 g899000 3 general superintendcncx and service on railways go,20,sg,000 go,20,sg,ooo 4 rrpairs and maintenance of p~­marteqt way and worb is 1882,92,000 18811 ,911,000 5 repainr·mjd maintenancx of mocivic power 6 repair and maintenance of carriages and wason, 7 repairs and maintenance ofp!ant and equipment 8 3,7130°00 operatlni e~ro11ing 8tock and ecjilipiedt - j 59768000 15,97,68,000 9 operatidge~traffic !ib,j6,og,000 jp operatins b~fqe] ss16,d9ooo 8,32,,2,000 25 8,311,,11,000 j j staffwdfare and amenities 27 •• 360000 12 miscellaneous working experues 84,51,000 116,59,09,000 68,57,89,000 3 provicknt fund, pension and other retiremen t benfofi ts 3,66116000 '4 appropriation to funds 1751,gli,000 dividend to ge"lta] rewnues ~jit of joana tabn &om general a:-;nuea·w, amc¥--tization of ovtt-capltalizauor 16 aweu-acq!utition, constrw:tion and replacemedt- statement of objects and reasonsthis ·blli is introduced in pursuance of article 114(1) of the con'stitution 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 fuild of india and the grants made by the lok sabha for expenditure of the central government on railways, for the financial year 1985-86 bansllal president's recommenda non under article 117 of tile constitution of india[copy of letter no 86-b-402, dated the 7th march, 1986 from shri bansi lal, minister of transport to the secretary-general, lok sabha] the president, having boon informed of the subject matter of the proposed appropriation biji to authorise payment and appropriation of certain further sums from and out of the conso1idated fund of india for the services of ~ financial year 1985-86 for tlle plifposcs of railway$, recommends under clauses (1 add (3) q( article 111 of ~ ~tution of lddia read with clause (2) of article 115 thereof, the introd1jctioj iaan4 consideration by lok sabha of the appropriatiod bill a billto authorisel payment and appropriation of certain further sums from, and out of the consolidated fund of india for the services of the financial year 1985-86 for the purposes of railways (shrl bansi lal jlini6r 01 tnlllsport)

Parliament_bills

d499e67c-5dd3-5c2e-b430-d83fabda4571

under section 3; (c) "consumer" means a consumer of any article or process; (d) "covering" includes any stopper, cask, bottle, vessel, bo crate, cover, capsule, case, frame, wrapper or other container; (e) "executive committee" means the executive commit constituted under sub-section (1) of section 4; (f) "fund" means the fund constituted under section 18; (g) "indian standard" means the standard (including any tative or provisional standard) established and published by bureau, in relation to any article or process indicative of the quality - and specification of such article or proess and includes— '@ any standard recognised by the bureau under clause (e) of section 10; and (ii) any standard established and published, or recognii by the indian standards institution and which is in force im diately before the date of establishment of the bureau; (h) "indian standards institution" means the indian stand: © institution' set up under the resolution of the government of i in the late department of industries and supplies no istd(4)| dated the 3rd day of september, 1976, and registered under | societies registration act, 1860; '@ "inspecting officer" means an inspecting officer appoint under section 25; (j) "tcence" means a licence granted under section 16 to use indian standards certification mark in relation to any article procéss which conforms to the indian standard and includes neence granted under the indian standards institution '(certification mark act, 1952 and is in force immediately before the date establishment of the bureau; - process; _ @) "mark" includes a device, brand, heading, label, tiel pictorial representation name, sienature, word letter or numeral any combination thereof and also includes any indian standard institution certification mark specified by the indian standar ~ institution; ! bd) (m) "member" means a member of the bureau; ste '(n) "prescribed" means prescribed by rules made under ~> 'act; (0) "process" includes any practice, treatment and _ mode 4 manufacture of any article;(p) "registering authority" means any authority competent under any law for the time being in force to register any company, firm or other body of persons, or any trade mark or design, or to grant a patent; 5 (q) "regulations" means regulations made by the bureau under this act; (r) "rules" means rules made by the central government under this act; (s) "specifications" means a description of an article or process no as far as practicable by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade durability, origin, age, material, mode of manufacture or other characteristics to distinguish it from any other article or process; (t) "standard mark" means the bureau of indian standards 15 certification mark specified by the bureau to represent a particular indian standard; (u) "trade mark" means a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some 20 person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person; { (v) an article is said to be marked with a standard mark if the article itself is marked with a standard mark or any covering con- 25 taining, or label attached to, such article is so marked, chapter it tue bureau of inpian standards3 (1) with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall 3° be established for the purposes of this act, a bureau, to he called the bureau of indian standards standard(2) the bureau shall be 2 body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to 35 the provisions of this act, to acquire hold and divose of property, both movable and immovable, and to contract and shall by the said name sue and be sued : ae ey 3 (3) the bureau shall consist of the following members, namely:— (a) the minister in charge of the ministry or department of the central government having administrative control of the bureau a? who shall be ex-officio president of the bureau; - (b) the minister of state or a devuty minister, if any, in the ministry or department of the central government having administrative control of the bureau who shall be ex-officio vice- president of the bureau, and where there is no such minister of state 45 or deputy minister, such person as may be nominated by the cen- "tral government to be the vice-president of the bureau; ~ (c) the secretary to the government of india in charge of tl ministry or department of the central government having admi trative control of the bureau ex-officio; (d) the director-general of the bureau ex-officio; (e) such number of other persons, to represent the government, industry, scientific and research institutions and oth interests, as may be prescribed, to be appointed by the centra government (4) the term of office of the members referred to in clause (e) « sub-section (3) and the manner of filling vacancies among, and the members, shall be such as may be prescribed (5) the bureau may associate with itself, in such manner and for such purposes as may be prescribed, any persons whose assistance 01 advice it may desire in complying with any of the provisions of this a and a person so associated shall have the right to take part in the cussions of the bureau relevant to the purposes for which he has been associated, but shall not have the right to vote constitution of executive committee4 (1) the bureau may with the prior approval of the central government, by notification in the official gazette, constitute an executi' committee which shall consist of the following members, namely:— (a) director-general of the bureau, who shall be its eax-off chairman; i ) (b) such number of members, as may be prescribed (2) the executive committee constituted under sub-section (1) shall 2 perform exercise and discharge such of the functions, powers and duties of the bureau as may be prescribed or as may be delegated to 1 i by the bureau 5 (1) subject to any regulations made in this behalf, the bureau may, from time to time and as and when it is considered necessary, ' constitute the following advisory committees for the efficient discharge ge its functions, namely: - } (a) financial committee; (6) certification advisory committee; '(c) standards advisory committee; (d) laboratory advisory committee; (e) planning and development advisory committees; (f) such number of other committees as may be determined by regulations (2) each advisory committee shall consist of a chairman and such other members as may be determined by regulations, (3) without prejudice to the powers contained in sub-section on the bureau may constitute, as and when considered necessary, such iiumber of technical committees of experts for the formulation of standards in respect of articles or processes, 6 no act or proceedings of the bureau, the executive committee vacancies or any committee constituted under section 6 shall be invalid merely 5 by reason of— (a) any vacancy in, or any defect in the constitution of the bureau or the committee; or etc, not to invalidate proceedings of bureau committee, (b) any defect in the appointment of a person acting as a member of the bureau or committee; or 10 (c) any irregularity in the procedure of the bureau or the committee not affecting the merits of the case 7 (1) the central government shall appoint a director-general of the bureau director general (2) the terms and conditions of 'service of the director-general of of the bureau 15 the bureau shall be such as may be prescribed (3) subject to the general superintendence and control of the bureau the director-general of the bureau shall be the chief executive authority of the bureau (4) the director-general of the bureau shall exercise and discharge ° such of the powers and duties of the bureau as may be determined by regulations 8 (1) the bureau may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this act officers and em-- ployees of 25 (2) the terms and conditions of service of officers and employees bureau of the bureau appointed under sub-section (1) shall be such as may be determined by regulations chapter iii transfer of assets, liabilities, etc, of the indian standards go institution to the bureau9 on and from the date of establishment of the bureau,— transfer (a) any reference to the indian standards institution in any jaw other than this act or in any contract or other instrument shall be deemed as a reference to the bureau; | of | assets, ||--------------|------------|| liabilities | || and | || employees | || of | indian || standard | || institution | |85 (b) all properties and assets, movable and immovable of, or belonging to, the indian standards institution shall vest in the bureau; (c) all the rights and liabilities of the indian standards institution shall be transferred to, and be the rights and liabilities of, the bureau; (d) without prejudice to the provisions of clause (e), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the indian standards institution immediately before that date, for or' in ¢on-— nection with the purposes of the said instituiotn shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the bureau; (e) all sums of money due to the indian standards institution § immediately before that date shall be deemed to be due to the - bureau, (f) all suits and other legal proceedings instituted or which could have been instituted by or against the indian standard institution immediately before such commencement may be continued or may be instituted by or against the bureau; and 3 (g) every employee holding any office under the indian stan- - dards institution immediately before that date shall hold his office in the bureau by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident 1 fund, retirement of other terminal benefits as he would have held such office if the bureau had not been established and shall continue - to do so as an employee of the bureau or until the expiry of a period of six months from that date if such employee opts not to be the employee of the bureau within such period (2) notwithstanding anything contained in the industrial disputes act, 1947 or in any other law for the time being in force, the absorption: of any employee by the bureau in its regular service under this section - shall not entitle such employee to any compensation under that act or - other law and no such claim shall be entertained by any court, tribunal or other authority : chapter iv " powers and functions of the bureaufunctions of the bureau 10 (1) the bureau may exercise such powers and perform such - duties as may be assigned to it by or under this act and, in particular, such powers include the power to— (a) establish, publish and promote in such manner as may bes prescribed the indian standard, in relation to any article or process; (b) recognise as an indian standard, in such manner as may be prescribed, any standard established by any other institution in india or elsewhere, in relation to any article or process; f (c) specify a standard mark to be called the bureau of indian j standards certification mark which shall be of such design and y contain, such particulars as may be prescribed to represent a particular indian standard; (d) grant, recognise, suspend or cancel, in such manner a licence for the use of the standard mark; (e) levy such fees for the grant or renewal of any licence; (f) make such inspection and take such samples of any material: or substance as may be necessary to see whether any article or © © preéess im relation to which the standard mark has been used conforms to the indian standard or whether the standard mark has been improperly used in relation to any article or process with or without a licence; (g) seek recognition of the bureau and of the indian standards outside india on such terms and conditions as may be mutually agreed upon by the bureau with any corresponding institution or organization in any country; i (h) establish, maintain and recognise laboratories for the purposes of standardisation and quality control and for such other processes as may be prescribed; purposes(i) undertake research for the formation of indian standards in the interests of consumers and manufacturers; (j) recognise any institution in india or outside which fs engaged in the standardisation of any article or process, or the improvement of the quality of any article or process; (k) provide services to manufacturers and consumers of articles or processes on such terms and conditions as may be mutually agreed upon; | (l) appoint agents in india or outside india for inspection, testing and such other purposes as may be prescribed; (m) establish branches, offices or agencies in india or ouaside; (n) inspect any article or process, at such times and at such places as may be prescribed in relation to which the standard mark jis used or which is required to conform to the indian standard by this act or under any other law irrespective of whether such article aa or process is in india or is brought or intended to be brought into india from a place outside india; (0) co-ordinate activities of any manufacturer or association of manufacturers or consumers engaged in the improvement of the quality of any article or process or in the implementation of any quality control activities; (p) perform such other functions as may be prescribed (2) the bureau shall perform its functions under this section in accordance with, and subject to, such rules as may be made by the 35 central government 11 (1) no person shall use, in relation to ny article or process, or in the title of any patent, or in any trade mark or design the standard mark er any colourable imitation thereof, except under a licence (2) no person shall, notwithstanding that he has been granted a 9 licence, use in relation to any article or process the standard mark or any colourable imitation thereof unless such article or process conforms to the indian standard1% no person shall, except in such cases and under such cond as may be prescribed, use without the previous permission of probihithon of use of bureau,— ] names, (a) any name which so nearly resembles the name of the bure as to deceive or likely to deceive the public or which contains expression 'indian standard" or any abbreviation thereof; or (b) any mark or trade mark in relation to any article or p! containing the expressions "indian standard" or "indian standi specification" or any abbreviation of such expressions q 13 (1) notwithstanding anything contained in any law for the ti me! tlon of -being inforce, no registering authority shall— thon in cortain (a) register any company, firm or other body of persons bears any name or mark; or (b) register a trade mark or design which bears any name of mark; or é (c) grant a patent, in respect of an invention, which bears a title containing any name or mark, q if the use of such name or mark is in contravention of section 11 section 12 (2) if any question arises before a registering authority whether th use of any name or mark is in contravention of section 11 or se -12: the registering authority may refer the question to the central ernment whose decision thereon shall be final 44: if the central government, after consulting the bureau, is of 1e opinion that it is necessary or expedient so to do, in the public interest sory use of -it may, by order published in the official gazette,— (a) notify any article or process, of any scheduled industry w shall conform to the indian standard; and mark for articles and pro- (b) direct the use of the indian standard under a licence as compulsory on such article or process a cesses to certain explanation—for the putposes of this section, the expression "s duled industry" shall have the meaning assigned to it in the indus (development and regulation) act, 1951 chapter v oe licence15 (1) the bureau may, by order, grant, renew, suspend of a licence in such manner as may be determined by regulations po (2) the grant or renewal of the licence under sub-section (1) : be subject to such conditions and on payment of such fees as may, determined by regulations 16 (1) any person aggrieved by an order made under section 15 prefer an appeal to the central government within such period as may ' prescribed es = (2) no appeal shall be admitted if it is-preferred after the of the period prescribed thereof:provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the central government that he had sufficient cause for not preferring the appeal within the prescribed period 5 (3) every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and 'by such fees as may be prescribed (4) the procedure fcr disposing of an appeal shall be such as may be prescribed: 10 provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard a chapter vi finance, accounts and audit17 the ceatral government may, after due appropriation made by 15 parliament by law in this behalf, make to the bureau grants and loans | of such sums of money as that government may consider necessary s grants and loans by the central govern ment, fund, 18, (1) there shall be constituted a fund to be called the bureau of indian standards fund and there shall be credited thereto— (a) any grants and loans made to the bureau by the central 20 government under section 17; (6) all fees and charges received by the bureau under this act; (c) all sums received by the bureau from such other sources as may be decided upon by the central government (2) the fund shall be applied for meeting— 25 (a) salary, allowances and other remuneration of the members, director-general and officers and other employees of the bureau; (b) expenses of the bureau in the discharge of its functions under section 10; ° (c) expenses on objects and for purposes authorised by this act go 19 (1) the bureau may, with the consent of the central government or in accordance with the terms of any general or special authority given to it by the centrai government, borrow money from any source ag it may deem fit for discharging all or any of its functions under this act (2) the central government may guarantee in such manner, as it 35 thinks fit, the repayment of the principal and the payment of interest € there on with respect to the loans borrowed by the bureau under subsection (1) os budget 20 the bureau shall prepare, in such form and in such time in each financial year as may be prescribed its budget for the next financial 4oyear, showing the estimated receipts and expenditure of the bureau and forward the same to the central government 21, the bureau shall prepare, in such form and at such time in each financial year as may be prescribed its annual report, giving a full account - of its activities during the previous financial year, and submit a copy thereof to the central government 22 (1) the bureau shall maintain proper accounts and other rele vant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the controller and auditor-general of india, (2) the accounts of the bureau shall be audited by the comptroller _ and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the bureau to the comptroller and auditor-general (3) the comptroller and auditor-general of india and any person - appointed by him in connection with the audit of the accounts of the bureau shall have the same rights and privileges and the authority int 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 the production of books, accounts, connected vouchers and other documents and papers and to_ inspect any of the offices of the bureau (4) the accounts of the bureau as certified by the comptroller and 'auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament 2 23 the central government shall cause the annual report, as soon j as may be after it is received, before each house of parliament hehe chapter vii miscellaneous24, (1) without prejudice to the foregoing provisions of this act, the ; bureau shall, in the exercise of hig powers or the performance of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: | ' nedirection, provided that the bureau shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section a (2) the decision of the central government whether a question one of policy or not shall be trial 25 (1) the bureau may appoint as many inspecting officers as mi be necessary for the purpose of inspecting whether any article or pro in relation to which the standard mark has been used conforms to indian standard or whether the standard mark has been properly used in relation to any article or process with or without licence, and for the purpose of performing such other functions as may be assigned to them (2) subject to any rules made under this act, an inspecting officer 5 shall have power to— (a) inspect any operation carried on in connection with any article or process in relation to which the standard mark has been used; and (b) take samples of any article or of any material or substances ~ used in any article or process, in relation to which the standard mark has been used (3) every inspecting officer shall be furnished by the bureau with a certificate of appointment as an inspecting officer and the certificate shall, on demand, be produced by the inspecting officer power to 15 26 (1) if the inspecting officer has reason to believe that any article or process in relation to which the contravention of section 11 or section 12 has taken place are secreted in any place, premises or vehicles, he may enter into and search such place, premises or vehicle for such article or process, t 20 (2) where, as a result of any search made under sub-section (), any article or process has been found in relation to which contravention of section 11 or section 12 has taken place, he may seize such article and other things which, in his opinion, will be useful for, or relevant to any proceeding under this act: a5 provided that where it is not practicable to seize any such article or thing, the inspecting officer may serve on the owner an order that he shall not remove, part with, or otherwise deal with, the article or things except with the previous permission of the inspecting officer (8) the provisions of the code of criminal procedure, 1978, relating go to searches and seizures shall, so far as may be, apply to every search or seizure made under this section 217 the bureau may, by general or special order in writing, delegate delegato any member, member of the executive committee, officer of the bureau or any other person subject to such conditions, if any, as may be specified 35 in the order, such of its powers and functions under this act (except the powers under section 37) as it may deem necessary | power | to ||------------|-------|| obtain | in- || formation, | |28, every licensee shall supply the bureau with such information, and with such samples of any material or substance used in relation to any article or process, as the bureau may require ry 29 nothing in this act shall exempt any person from any suit or other proceeding which might, apart from this act, be brought against him certain matterg, 30 any information obtained by an inspecting officer or the bureau from any statement made or information supplied or any evidence given or from inspection made under the provisions of this act shall be treated to be kept confi-as confidential: provided that nothing in this section shall apply to the disclosure of | any information for the purpose of prosecution under this act members, employees31 all members, officers and other employees of the bureau shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section' 21 of the indian penal code 32 no suit, prosecution or other legal proceedings shall lie against » the government or any officer of the government or any member, officer or employee of the bureau for anything which is in good faith done or _ intended to be done under this act or the rules or regulations mag 19 thereunder , 33 (1) any member who contravenes the provisions of section 11, or a section 12 or section 14 shall be punishable with fine which may extend - to fifty thousand rupees i (2) any court trying a contravention under sub-section (1) may 15 direct that any property in respect of which the contravention has taken place shall be forfeited to this bureau cogni-offences by courts, 34, (1) no court shall take cognizance of any offence punishable under this act, save on a complaint made by or under the authority of the government or bureau or by any officer empowered in this behalf by the 20 government or the bureau, or the consumer of any article or process , (2) no court inferior to that of a metropolitan magistrate or a judi cial magistrate of the first class specially empowered in this behalf shall try any offence punishable under this act if offences'by companies 35 (2) where an offence under this act has been committed by a 95 company, every person who at the time the offence was committed was incharge of, and was responsible to, the company for the conduct 'of 'the business of the company, as well as the company, shall be deemed to be - guilty of the offence and shall be liable to be proceeded against © and punished accordingly: o provided that nothing contained in this sub-section shall render any 4 such person liable 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 offence, _ | (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connit vance of, or is attributable to' any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly a ude | explanation—for the purposes of this section,— (a) "company" means any body corporate and includes a firm or other association of individuals; and (b): "director", in relation to a firm, means a partner in the firm 5 "86 all orders and decision of, and all other instruments issued by, authentthe bureau shall be authenticated by the signature of such officer or ge pe officers as may be authorised by the bureau in this behalf i eee hes truments of the + bureau + 37 (1) the central government may, by notification in the official b pide boa gazette, make rules for carrying out the purposes of this act wales, 10, (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 (a) the number of members of the bureau and the interest such members would represent under clause (e) of sub-section (3) of 5 section 3; t (b) the term of office of the members of the bureau, the manner 7 "for filling vacancies and the procedure to be followed in the discharge of their functions by, the members; | of (c) the manner of and the purposes for which the bureau may 20 associate with itself in person for assistance and advice under subsection (5) of section 3; \ (d) the number of members of the bureau who will 'be members of the executive committee under clause (b) of sub-section (1) of section 4; 25° (e) the terms and conditions of service of the director general ' of the bureau; ; ' og, ft (f) the design and the particulars to represent a particular indian standard under clause (c) of sub-section (1) of section 10; (g) the purposes for which laboratories for the purposes of 30, standardisation and quality control shall be established by the bureau; (h) the purposes for which agents may be appointed by the bureau in india or outside india; : (i) the times and places at which any article or process may be 35 inspected under clatise (n) of sub-section (1) of section 10; (j) the additional functions that may be performed by the " bureau under section 10; toh (k) the cases in which, and the conditions subject to which, exemption may be granted under section 12; 4° (1) the form in which, and the time at which, the bureau shall st prepare its budget under section 20 and its annual report under section 21; 3 vet (m) the manner in which the accounts of the bureau shall _ maintained under section 22; r (n) the conditions subject to which inspecting officer may exer cise its powers under sub-section (2) of section 25; q (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules, - 38 (1) the executive committee may, with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules generally to carry out the purposes of this act 10 (2) in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: - : (a) the "members of the advisory committees constituted unde?! section 5; q (b) the powers and duties that may be exercised and discharged by the director-general of bureau; (c) the terms and conditions of service of officers and employees of the bureau under sub-section (2) of section 8; (d) the manner of grant, renewal, suspension or cancellation of | licence under sub-section (1) of section 15; (e) the conditions subject to which a licence may be granted or renewed and the fees payable therefor under sub-section (2) of | section 15 39 every rule and every reslation made under this act shall be 9, jaid, as soon as may be after it is made before each house of parliament, while it is in session, for a total nerind of thirty davs 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 suc = cessive sessions aforesaid both houses agree in meking any modification 94 in the rule or regulation or both houses aeree 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; no, however, that any such modification or annulment shall be without pre judice to the validity of anything previously done under that rule of 9 regulation eel 40 nothing in this act shall affect the overation of the agricultural - produce (grading and marking) act, 1937 or the drugs and cosmatics act not to affect operation of certain act, 1940, or any other law, for the time being in force, which deals with + any standardisation or quality control of any article or process 41 (1) if any difficulty rises in giving effect to the provisions of powor to remove difficulthis act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of five vears from the commencement of this act, (2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament - 42, (1) the indian standards institution (certification marks) act, 1952, is hereby repealed savingis (2) notwithstanding such repeal, any thing done or any action taken or purported to have done or taken (including any rule, regulations, notification, scheme, specification, indian standard, standard mark, inspection order or notice made, issued or adopted, or any appointment, or declaration made or any licence, permission, authorisation or exemption granted 10 or any document or instrument executed or direction given or any proceedings taken or any pénalty or fine imposed) under the act hereby repea'ed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act r (3) the mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal statement of objects and reasonsthe indian standards institution was registered as a society under the societies registration act, 1860 in january, 1947 to prepare and promote standards the indian standards institution (certification marks) act, 1952 covers the operation of the certification marks scheme, while | the formulation of standards and other related work is not-governed by any legislation e 2 when the indian standards institution was established, the indyss) trial development in the country was still in its infancy during the las 39 years, there has been substantial progress in various sectors of the - indian economy the industrial and agricultural sectors have undergone _ structural and qualitative transformation under the five year plans in this context, a new thrust has to be given to standardisation and quality - control, a national strategy for according appropriate recognition and importance of standards is to be evolved and integrated with the growth 4 and development of production and exports in various sectors of the national economy the public sector and private sectors including small scale industries have to intensify efforts to produce more and more standard and quality goods so as to help in inducing faster growth, in- - creasing exports and making available goods to the satisfaction of the - consumers 3 the standards making organisations for formulating standards ha' : has to be given due recognition and status to enable it to discharge its functions effectively and efficiently in acceptance and promotion of indian standards not only in this country but even abroad apart from representations of the industry, such an organisation should also have adequate representation or users and consumer organisations, _ central and state governments, research organisations and regulatory agencies for all these reasons, it is considered necessary to have the organisation for standards as a statutory institution which will have adequate autonomy and flexibility in its operations and will also ensure that priority is given to various aspects of its functions in line with national priorities 4, to achieve these objectives, it is proposed to set up a bureau o indian standards as a statutory institution 5 the bill provides that the bureau of indian standards will be a body corporate and specifies its composition and the constitution of an executive committee to carry on the day to day activities of the bureau _ the proposed bureau will take over the staff, assets and liabilities of the indian standards institution and perform all functions which are now being performed by indian standards institution the bill will provide access to the bureau's standards and certification marks to suppliers of like products originating in general agreement on trade and tariff (gatt) code countries the bill also makes provision for the making of grants and the advancing of loans to the bureau by the central government and the necessary provisions for the better administration of a body corporate like constitution of fund, accounts and audit etc the bill provides for the repeal of the indian standards institution (certification marks) act, 1952 new dewnt; h k l bhagat, the 14th november, 1986 notes on clausesclause 2 seeks to define certain words and expressions used in bill clause 3 provides for the establishment and incorporation of bureau of indian standards and its constitution and terms and conditig of services of the members clause 4 provides for the constitution of the executive committee | the bureau and the functions, powers and duties to be performed, cised and discharged by the executive committee clause 5 lays down the constitution of advisory committees such as financial committee, certification advisory committee, etc and constitution of technical committees of experts by bureau for efficient dis charge of its functions, clause 6 lays down that any vacancy, defect or irregularity in constitution, appointment, procedure of the bureau or the executive committee or any committee shall not invalidate the proceedings of the bureau or the executive committee y clause 7 provides for the appointment of the director-general of bureau and his powers and duties, y clause 8 provides for the appointment of officers and employees of the bureau and the terms and conditions of theit service, clause 9 provides for the transfer of assets and liabilities of existing indian standards institution to the bureau it further provide: for the transfer of employees of the indian standards institution to bureau clause 10 provides for the functions of the bureau, mainly to est lish, publish and promote indian standards in relation to any article or process seek recognition of the bureau and indian standards outsid india recognised as an indian standard, anv standard established by institution in india or outside india, specified standard marks establish maintained and recognised laboratories, appoint agents in india 'or o side, provide services to manufacturers and consumers consistent y the object of this act, clause 11 prohibits the improper use of standard marks except a licence | | clause 12 prohibits use of certain names which so nearly resemb the name of the bureau | clause 13 prohibits registration of a company, firm, etc which be: the name or mark or register a trade mark or design which bears name or mark if the use of such name or mark is in contravention - clause 11 or clause 12, { clause 14 empowers the central government to notify any article, process or any schedule industry which can be peoattoed only under the licence from the bureau } clause 15 deals wih the grant, renewal, suspension, cancellation of a licence | clause 16 lays down a provision for appeal to the central government against any order under clause 15 and procedure therefor clause 17 provides for making of grants and loans by the central government to the bureau | clause 18 provides for the constitution of the bureau of indian standards fund, it further provides that all the receipts of the bureau should be credited thereto and all its payment should be made therefrom clause 19 empowers the bureau to borrow with the consent of central government money from any source as it may deem fit for discharge of its functions under this bill the clause also lays down that the loans borrowed by the authority may be guaranteed by the central government for its repayment and payment of interest thereon clauses 20, 21 and 23 make the usual provisions regarding preparation of budget, annual reports and laying the annual report before each house of parliament clause 22 deals with the maintenance of proper accounts by the bureau and its audit by the comptroller and auditor general of india clause 24 of the bill empowers the central government to issue directions on question of policy to the rureau ve the discharge of its functions and duties | clause 25 of the bill empowers the bureau to appoint inspecting officers for the purpose of inspection specified therein clause 26 empowers the inspecting officer the entry into and search of a place, premises or vehicle where article or process are secreted in contravention of clause 11 or clause 12 it further empowers inspecting officer to seize such article clause 27 empowers the bureau to delegate to the director general or any other member or any officer of the rureau or any other person such of its powers and functions under this bill, except the -powers under section 37, as it may deem necessary~ clause 28 provides for supply ef information to the bureau by the license, : clause 29 saves the suits or proceedings which might be brought against any person under any other law clause 30 provides that information obtained by inspecting officer or the bureau under the provisions of this act shall be kent confivential except for the purposes of prosecution of any person under this act clause 31 lavs down that all members, members of the executive committee, director general, officers and other employees of the bureau, when acting in pursuance af any provisions of this act shall be deemed public servants, 4 i}clause 32 seeks to give protection to the central government, any officer of the central government or members, members of executive committee, officers or employees of the bureau in respect anything done or intended to be done in good faith in pursuance of this bill or rules and regulations made under this act clause 11, 12 or 14 and forfeiture of the property in respect of which contravention has taken place clause 34 provides for cognizance of offences punishable under t! bill and the courts therefor | be clause 35 fixes criminal liabilities on the directors and the princi officers of the companies and fins, etc, for the offences committed _ such company | | clause 36 confers upon the central government power to make rules which inter-alia include matters of procedure and administrati detail and it is hardly practicable to provide for them in the bill its clause 37 provides that all orders and decisions of the bureau shall be authenticated by the signature of such officer or officers as may be authorised by the bureau in this behalf clause 38 empowers the central government to make rules for car ing out purposes of this act ' clause 39 empowers the bureau to make regulations for the purposes of giving effect to the provisions of this act y clause 40 lays down that every rule and regulation made under this bill shall be laid before such house of parliament q clause 41 saves the operation of agricultural produce (grading and marking) act, 1937 or the drugs or cosmetics act or any other law for _ the time being in force which deals with standards or quality con of any article or process clause 42 seeks to empower the central government to remove any @ifficulty which may arise in giving effect to the provisions of this bill clause 43 seeks to repeal the indian standard institution (certification mark) act, 1952 and save the action takem or aie to na basen done or taken thereunder financial memorandumclause 3 of the bureau of indian standards bill, 1986 provides for 'the establishment of the bureau of indian standards for harmonious development in the activities of standardisation and quality certification and to perform the functions specified in clause 10, 2 clause 17 of the bill provides for payment of grants and loans to the bureau of indian standards by the central government after due - appropriation made by parliamient by law in this behalf, the grants and loans to the bureau will depend on the future requirements of the bureau in the context of its functions, on the basis of the proposals before the government, the recurring expenditure of the bureau during the year 1987-88 will be around rs 1174 crores and total income from non-governmental sources shall be to the extent of rs 1018 crores to bridge the gap between the income and expenditure, the grants and loans from the government of india under the said clause shall be to the extent of rs, 156 crores during the year 1987-88 the expenditure that may have to be incurred by the central government in future years from the consolidated fund of india on this account cannot be estimated at present | | 3 clause 19(2) of the bill provides for the guarantees 'by the central government on the ¥épayment of the principal and the payment of interest, in respect of the loans borrowed by the bureau under subclause (1) of that clause the ultimate liability arising out of such guarantee cannot be esfimated at this stage 4 the bill, if enacted and brought into operation, will not involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 37 of the bill empowers the central government to make for carrying out tne purposes of the proposed legislaiion the matver v respect to which rules may be made had been aetailed in sub-claus the matters inter alia relate to provide the numper of members bureau and the inierest such members would represent the term office of the members of the bureau, the manner of tilling vacancies the procedure to be followed in discaarge of their functions by the mi bers the terms and conditions of the service of the dire-tor-gener the bureau, the design and the particulars to represent a particular standard, the purposes for which laboratory for the purposes of standar isation and quality control shall be established, the purpose for wi the agents may be appointed by the bureau, the case in which and ditions subject to the exemption may be granted from the provision: the use of certain names, provide for fee for grant of licence and renewal, the period for the form of and the fees for an appeal and cedure therefor but the time for preparation of budget and a reports and the manner of maintenance of accounts clause 38 of the bill empowers the bureau to make regulations inconsistent with the proposed legislation and the rules made theret for enabling the authority to discharge its functions, the matter in tion to which the authority may make regulation have been de in sub-clause (2) the matters inter alia relate to the constitution the advisory committees and the number of the members of such advii committees the terms and conditions of the service of the officers employees of the bureau, to provide for manner of grant, renewal, st pension and cancellation of licences and the conditions for grant renewal of licences and fees therefor it has been provided in cla that every rule and regulation made under this bill shall be laid each house of parliament the matters in respect of which rules and regulations may be n are essentially matters of detail or procedure the delegation of lative power is, therefore, of a normal character

Parliament_bills

62ea0fa0-276b-58ea-b05b-73cee77c0f97

the banking companies (second amendment) bill, 1960(as introdt]ced in lok sabha on 3rd september, 1960) totre bank ll1g comp anies (i:£cond amendl4ent) bill} ]960 (to be/as intr()~d 10 lok sabha) 1 page 1, line 9:-~ "cen tal ii read "cen traj" 2 page 3, line 10,-for "statement" reed "statements" 3 page 4, line 23," after "value" is2! 4 page 5, line 23,-" " lin , m "re-letterd" ~ tire-lettered" 5 page jo, ':' ~ in the marginal ~ fding ~'$to section 39 of the - banking camp, es act, 1949,-, ) m "ofn cial" read tlofficiaj" 6 correct line numbers on pages 1 to 3 and 8 new delhi, september 2, j96~ _ bhadra 11, 1882~aka) bill no 68 of 1960 the banking companies (second amendment) bill, 1960 (as introduced in lok sabha) abill further to amend the banking companies act, 1949 be it enacted by parliament in the eleventh year of the republic 5 of india as follows:-1 this act may be called the banking companies (second amend- short title ment) act, 1960 2 in section 39 of the banking companies act, 1949 (hereinafter amendment referred to as the principal act), for the words "notified by the cell- of section 39· 10 tral government in this behelf, as stated in such application shall be appointed as the official liquidator of the banking company in such proceeding", the words "notified by the cental government in this behalf or any individual, as stated in such application shall be appointed as the official liquidator of the banking company 15 in such proceeding and the liquidator, if any, functioning in such proceeding shall vacate office upon such appointment" 20 3 for section 41 of the principal act, the following sections shall substitution be substituted namely:-of new sec-, tlons for section 41 "41 notwithstanding anything to the contrary contained in preliminary section 455 of the companies act, 1956, where a winding-up order repo!t ~y has been made in respect of a banking company whether before or ~~~lliqui­after the commencement of the banking companies (second amendment) act, 1960, the official liquidator shall submit a preliminary report to the high court within two months from the date of the winding-up order or where the winding-up order has been made before such commencement, within two months from such commencement, giving the information required by that section so far as it is available to him and also stating the amount of assets of the banking company in cash which are in his custody or under his control on the date of the report and the amount of its assets which are likely to be collected in cash before the expiry of that period of two months in order that such assets may be applied speedily towards the making of preferential pay- s i of 1956 ments under section 530 of the companies act, 1956, and in the discharge, as far as possible, of the liabilities and obligations of the banking company to its depositors and other creditors in accordance with the provisions hereinafter contained; and the official liquidator shall make for the purposes aforesaid every 10 endeavour to collect in cash as much of the assets of the banking company as practicable notice to preferential claunadti iild secured iild ungecui-ed creditors 41a (1) within fifteen days from the date of the winding-up order of a banking company or where the winding-up order has been made before the commencement of the banking companies i (second amendment) act, 1960, within one month from such s commencement, the official liquidator shall, for the purpose of making an estimate of the debts and liabilities of the banking company (other than its liabilities and obligations to its depositors), by no jce served in such manner as the reserve bank 20 may direct, call upon-(a) every claimant' entitled to preferential payment under section 530 of the companies act, 1956, and 1 of 1956 (b) every secured and every unsecured creditor, to send to the official liquidator' within one month from the date of the service of the notice a statement of the amount 2s claimed by hini (2) every notice under sub·section (1) sent to a claimant having a claim under section' 530 of the companies act, 1956, 1 of 1956 shall 'state that"if a statement of the 'claim is not sent to the official liquidator i before the expiry of the period of one month from the date ·of the service" the claim shall not be treated 30 as a claim entitled to be paid under section 530 of the companies act, 1956, in priority to all other debts but shall be treated as an ordinary debt due by the banking company (3) every notice under sub-section (1) sent to a secured crediror shall require him to value his security before the expiry 3s of the period of one month from the date of the service of the notice and ·shall state that if a statement of the claim together with the valuation of the security is not sent to the official liquidator before the expiry of the said period, then, the official liquidator shall himself value the security and such 40 valuation shall be binding on the creditor" 5 :t or 1956 10 4 for section 43a of the pridcipal act, the following section shall srubatitudod - 0 new secbe· substituted, namely:-tion ror lection 43a "43a (1) in every proceeding for the winding-up of a bank- preferential h' d' d ha bee d h h payments to mg company were a wm lng-up or er s n ma e, w et er dcpolitors before or after the' commencement of the banking companies (second amendment) aotj r1960, within three months from the date of·the winding-up order or where the winding-up order has been made before su·ch commencement, within three months therefrom, the pref~rential payments referred to in section 530 of the companies act, 1956, in respect of which statement of claims have been sent within one month from the date of the service of the notice referred to in section41a,shall be made by the official liquidator or adequate provision for such payments shall be~ade by him (2) after the preferential payments as aforesaid have been made or, adequate provision has· been made in respect thereof, there shall be paid within the aforesaid period of three months-20 (a) in the first place, to every depositor in the savings bank account of the banking company a sum of two hundred and fifty rupees or the 'balance at his credit, whichever is less; and thereafter, (b) in the next place, to every other depositor of the banking company fifty per cent of the balance at his credit subjeet to a maximum of two hundre<iandfifty rupees, in priority to all other debts from out 6f the remaining assets of the banking company available for payment to general creditors: provided that the sum total of the amounts paid under clause (a) and 'clause (b) to anyone person who in his own name (and not jointly with any other person) is a depositor in the savings oonk account of the banking cr;>mpany and also a depositor in any other account, shall not exceed the sum of two hundred and fifty rupees 35 (3) where within the aforesaid period of three months full payment cannot be made of the amounts required to be paid under clause (a) or clause (b) of s1lbsection {2) with the assets in cash, the offici'li, liquidator shall pay within that period to every depositor under clause (a) or, as· the case may be, clause (b) of that sub-section on a pro rata basis so much of the amount due to- the i depositor under that clause as the official liquidator is able to pay with tho~' assets-;' and shall'pay the rest of that amount to every such depositor as and when sufficient assets are collected by the official liquidator in cash (4) after payments have been made first to depositors in the savings bank account and then to the other depositors in accordance with the foregoing provisions, the remaining assets s of the banking company available for payment to general creditors shall be utilised for payment on a pro rata basis of the debts of the general creditors and of the further sums, if any, due to the depositors; and after making adequate provision for payment on a pro rata basis as aforesaid of the debts of 10 the general creditors, the official liquidator shall, as and when the assets of the company are collected in cash, make payment on a pro rata basis as aforesaid, of the further sums, if any, which may remain due to the depositors refer~d to in clause (a) and clause (b) of sub-section (2) is (5) in order to enable the official liquidator to have in his custody or under his control in cash as much of the assets of the banking company as possible, the securities given to every secured creditor may be redeemed by the official liqoidator-(a) where the amount due to the creditor is more than 20 the value of the securities as assessed by him or, as the case may be, as assessed by the official liquidator, on payment of such value; and (b) where the amount due to the creditor is equal to or less than the value of the securities as so assessed, on 2s payment of the amount due: provided that where the official liquida'tor is not satisfied with the valuation made b:v the creditor, he may apply to the high court for making a valuation (6) when any claimant, creditor or depositor to whom any 30 payment is to be made in accordance with the foregoing provisions, 'cannot be found or is not readily traceable, adequate provision shall be made by the official liquidator for such payment (7) for the purposes of this section, the payments specified 35 in each of the following clauses shall be treated as payments of a different class, namely:-(a) payments to preferential claimants under section 53d of the compani~ act, 1956; j of 19s6 (b) payments under clause (a) of sub-section (2) to the depositors in the savings bank account; (c) payments under clause (b) of sub-section (2) to the other depositors; 5 (d) payments to the general creditors and payments to the depositors in addition to those specified in clause (a) and clause (b) of sub-section (2) 10 (8) the payments of each different class specified in subsection (7) shall rank eq1!lally among themselves and be paid in full unless the assets are insufficient to meet them, in which case they shall abate in equal proportion" 5 in section 44a of the principal act, after sub-section (6), the amendment following sub-section shall be inserted, namely:-~~~tion is "(7) nothing in the foregoing provisions of this section shall affect the power of the central government to provide for the amalgamation of two or more banking companies in national interest under section 396 of the companies act, 1956: 1 of 1956 provided that no such power shall be exercised by the central government except after consultation with the reserve 20 bank" 6 section 45 of the principal act shall be re-numbered and re-iet- insertio~ of tered as section 44b of that act and after that section as so re-num- ~~~ section bered and re-ietterd, the following section shall be inserted in part iii of the principal act, namely:- 3'"45 (1) notwithstanding anything contained in the foregoing fower of~­provisions of this part or in any other law or any agreement, for ~rv: 1 ~~ the time being in force, where it appears to the reserve bank ccnt:'ts bovthat there is good reason so to do, the reserve bank may apply :u'!=~nf~f to the central government for an order of moratorium in respect business by - f th b k· banking o e an mg company company and to pre- pare ~cheme (2) the central government, after considermg the applica- of reconstition made by the reserve bank under sub-section (1), may make tuti01n or arna gamaan order of moratorium staying the commencement or continu- lion ance of all actions and proceedings against the company for a fixed period of time on such terms and conditions as it thinks fit and proper and may from time to time extend the period so however that the total period of moratorium shall not exceed six monthi (3) except as otherwise provided by any directions given by the central government in the order made by it under sub-section (2)or at any time thereafter, the banking company shall not ,during the period of moratorium make any payment'to <lny depositors or discharge any liabilities or obligations to any other $ creditors (4)' during the period of moratorium, if the reserve bank is satisfied that-(a) in the national interest; or (b) in the interests cf the depositors; or 10 (c) in order to secure the proper management of the banking company; or (d) in the interests of the banking system of the country as a whole, it is necessary so to do, then, notwithstanding anything contain- is ed in this act or in any other law or any agreement or instrument for the time being in force, the reserve bank may prepare a scheme-(i) for the reconstruction of the banking company, or (ii) for its amalgamation with another banking company, 20 with such constitutijn, with such capital, assets, powers, rights, interests, authorities and privileges, with such liabilities, duties and obligations and on such terms and conditions as may be specified in the scheme (5) the scheme may provide for the appointment of a new 25 board of directors-(a) o~ the banking company on its reconstruction, or (b) of the other banking ccmpany with which it is amalgamated 'in accordance with the scheme, and the authority by whom, the manner in which, the period 30 for which, and the other terms and conditions on which, such appointment shall be made, shall be as provided in the scheme (6) the scheme aforesaid may contain such consequential, incidental and supplemental provisions as may, in the opinion of the reserve bank, be necessary to give effect to the reconstruc- 35 tion, or, as the case may be, the amalgamation, 'and may also provide for the reduction of the interest or rights which the members or creditors have in or against the banking company before its reconstruction or its amalgamation with the other banking company, to such extent as the reserve bank considers 040 necessary in the public interest or in the interests of the mem bers and creditors or for the maintenance of the business of the banking company 5 (7) (a) a copy of the scheme prepared by the reserve bank, shall be sent in draft to the banking company and in the case of· amalgamation, also to the other banking company with which it is proposed to be amalgamated for suggestions and objections, if any, within such period as the reserve bank may specify for this purpose; and 10 (b) the reserve bank may make such modifications, if any in the draft scheme as it may cbnsider necessary in the light of the suggestions and objections received from the banking company or in the case of amalgamation, from both the banking companies or from any members or creditors thereof (8) the scheme shall thereafter be placed before the central government for its sanction and the central government may sanction the scheme without any modifications or with such modifications as it may think necessary; and the scheme as sanctioned by the central government shall come into force on such date as the central government may specify in this behalf and shall, as from that date, be binding on the banking company or companies concerned and also on all the members and creditors thereof (9) copies of every scheme made under this section shall be laid before both houses of parliament as soon as may be after the scheme has come into force" 35 7 in section 45l of the principal act, after sub~section (2), the amendment following sub-sections shall be inserted, namely: -of lcction 4sl "(3) where a scheme of reconstruction of a banking company or its amalgamation with another banking company has been sanctioned by the central government under section 45 and the central government is of opinion that any person who has taken part in the promotion or formation of the banking company or has been a director or auditor of the banking company should be publicly examined, that government may apply to the high court for the examination of such person and if on such examination the high court finds (whether a fraud has bf"en committed or not) that that person is not fit to be a director of a company or to act as an auditor of a company or to be a partner of a firm acting as such auditors, the central government shall make an order that that person shall not, without the leave of the central government, be a director of, or in any way, whether directly or indirectly, be (!oncerned or take part in the management of any company or, as the case may be, act as an auditor of, or be a partner of a firm acting as auditors of, any company for such period not exceeding five years as may be specified in the order s (4) where a scheme of reconstruction of a banking company or its amalgamation with another banking company has been sanctioned by the central government under section 45, the provisions of section 543 of the companies act, 1956 and of i of i9s6t section 45h of this act shall, as far as may be, apply to the 10 banking company as they apply to a banking company which is being wound up as if the order sanctioning the scheme of reconstruction or amalgamation, as the case may be, were an order for the winding-up of the banking company; and any reference in the said section 543 to the application of the official is liquidator shall be construed as a reference to the application of the central government" amcndmcn t 8 in section 50 of the principal act, for the word and figures of ecction so "and 36", the figures, letter and word "36, 43a and 45" ~hall be substituted amendment 9 in section 51 of the principal act, for the figures "45", the ofsection 51 figures and letter "44b" shall be substituted certain ~~ to be governed by original provisions 10 the amendments made in the principal act by section 3 and section 4 shall not apply to, and in relation to, the winding-up of a banking company where any preliminary dividend has been paid in the course of such winding-up before the commencement of this act, but the provisions of the principal act as they stood immediately before such commencement shall apply to, and in relation to, such windini-up· statement of objects and reasonsthe procedure now prescribed under the banking companies act, 1949 read with the companies act, 1956 for the liquidation of banking companies is somewhat elaborate, and in the absence of any provisions in the law indicating the time-schedule according to which certain payments may be made to the depositors, a great deal of hardship is caused to such depositors, who have to wait for considerably long periods for realising the sums due to them it is proposed, in order to facilitate the expeditious payment of certain minimum amounts in such cases, that the procedure relating to the liquidation of banking companies should be suitably modified 2 section 43a of the banking companies act now provides for the payment of a sum of rs 100 i~ the case of each savings bank depositor as a preferential claim from out of the assets which are available for distribution among the creditors of a banking company generally in view of the rise in prices since the relevant provision was first incorporated in the act, it is considered desirable that this minimum payment should be increased to rs 250 it is also proposed that after this payment has been made, the depositors other than those with savings bank accounts should be paid an amount equal to fifty per cent of their deposits or rs 250 whichever may be less, as a further preferential payment 3 the opportunity provided by these amendments has also been utilised to simplify the provisions of the law relating to the grant of moratorium in respect of banking companies which may be experiencing difficulties and to facilitate the formulation and implementation of schemes of reconstruction or amalgamation in respect of such companies morarti desainew delhi; the 31bt august, 1960 , extracts from the bankmg co~anies act, 1949[10 of 1949] - - - - - ~aerye be 31 notwithstanding anything contained in section 38a of this act om~~ ~ui- or in section 448 or section 449 of the companies act, 1956, where in 1 of 1956• dator any proceeding f-or the winding up by the high court of a banking company, an application is made by the reserve bank in this behalf, the reserve bank, the state bank of india or any other bank notified py ~he central g~vernmen~ in this behalf, as stated in such applicatio~ shall be appointed as the official liquidator of tbe b~g com-pliny in such proceeding - - - - - - a,rt of ~l notwithstanding anything to the contrary contained in section uquicutof 455 of the companies act, 1956, where a winding up order is made in 1 of 1956 respect of a banking company, the official liquidator shall submit a preliminary' report to the high court within two months from the pate of the order giving the information required by that section so far as it is available to him, to enable the high court to order the pa,~"nt ()f a pre\il1l~nllry diviqend if suft\cient ass~ts ~e ~vai~~ble - - - - - - prefereatjl ~a (1~ w ~vf:p' ~roc~e~~~g fo~ the windm~ ~p of a ~~g ~~: company, after the preferential payments referrect tp m f!ectiol?: 530 tora of the companies act, 1956, have been made, or adequate provision to i of 1956-the ~t~f~ctioll of ~~ high court for such payments has been made, there shall be paid, to every depositor in the savings bal)k account of the banking company, a sum of one hundred rupees'~r the balance at his credit, whichever is less, in priority to all other 4~bts from out of the remaining assets of the banking company available for payment of general creditors (2) the aforesaid payments shall rank equally among themselves and be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportion - - - - - - 5l (1) wher~ ~ application for sanctioning a compromise or public cumafl'ang~ent in ~f!pect of a ~ing company is made under section ~tion of i of 19s6 39l of tl1~ comp~i~s act, 1956 or wnere such sanction has b~en given :di~~~~ c~ and the higl1 co~ is of opinio~, whether on a report of the reserve :n~~ct ~i bank or othefwi~e, th~~ any pe:lrsop who has ~aken part in the pro- compll11 motion or formation of the banking company or has been a director ~er or auditor of the banking company shotild be publicly examined, it !';r=-of may direct such examination of such person and the provisions of mcdt section 45g shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up (2) where a compromise or arrangement is sanctioned under i of 1956 section 391 of the companies act, 1956 in respect of a banking company, the provisions of section 543 of the said act and of section 45h of this act shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up as if the order sanctioning the compromise or arrangement were an order for the winding up of the banking company - - 50 no person shall have any right, whether in contract or other- ce~~ t t· fl· d - f th claims or wise, 0 any com pens a lon or any oss mcurre oy rpason 0 "' e campen-operation of any of the provisions contained in sections 10, 12a, tion barrod 16, 35a, 35b, and 36 or by reason of the compliance by a banking company with any order or direction given to it under this act 2) of i9ss 51 without prejudice, to the provisions of the state bank of india arpnca~lon act, 1955, or any other enactment, the provisions of sections 10, 13 ~r::fs:: to to 15, 17, 19 to 21, 23 to 28, 29 [excluding sub-section (3)], 31, 34, 35, ~e st1c 36 [excluding clause (d) of sub-section (1)], 37, 45, 46 to 48, 50, 52 ~~ 0 ad and 53 shall also apply, so far as may be, to and in relation to the ~cr dot!-state bank of india or any othell" banking institution notified by the banta central government in this behalf as they apply to and in relation to banking companies: provided 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 general manage,r of any subsidiary bank in so far as the said clause precludes him from being a directoll" of, or holding an office in, any institution approved by the reserve bank; (b) nothing contained in section 19 shall apply to the holding by the state· bank of india of shares in the capital of any such subsidiary bank; and (c) nothing contained in section 46 shall apply to any ofticer of the central government or the reserve bank or the state bank of india, nominated or appointed as director of the state bank of india, or any such subsidiary bank or any other banking institution notified by the central government under this section explanation-the expression "subsidiary bank" in this section shall have the same· meaning as in section 2 of the state bank of india (subsidiary banks) act, 1959 - - - - - - a billfurther to amend the banking companies act, 1949 (shri morarji desai, minister oj finance)

Parliament_bills

ab67a6af-63c9-51d2-ace2-05eaa703a64b

bill no 71 of 1_ the representation of the people (amendment) bill, 1989 a billfurther to amend the representation of the people act, 19511 be it enacted by parliament in the fortieth year of the republic of india as follows:-t the people short title i (1) this act may be (amendment) act, 1989 called the representation of 5 (2) it shall be deemed to have come into force on the 21st day of october, 1989 i i and leom_ mencement 2 in the representation of the people act, 1951 (hereinafter referred , 43 of 1951 to as the principal act) after section 73a, the following section shall be inserted namely:-insertion ot new section 73aa special provision as to !certain elections 10 "73aa notwithstanding anything contained in section 73 or in any other provision of this act, with respect to the general election for the purpose of constituting a new house of the people upon the expiry of the term of the house of the people in existence on the commencement of the representation of the people (amendment) 15 act, 1989,-' 1 t - (a) the notification under section 73 may be issued without taking into account the parliamentary constituencies in the state qf assam; and (b) the election commission may take the steps in relation to elections from the parliamentary constituencies in the state of assam separately and in such manner and on such date or dates as it may deem appropriate" s ord 3 (1) the representation of the people (amendment) ordinance, 2 of 1989 1989, is hereby repealed repeal and saving (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 10 statement of objects and reasonsin respect of general election for constituting the ninth lok sabha the election commission had recommended that the presidential notifi cation under section 14(2) of the representation of the people act, 1951 might be issued on the 23rd october, 1989 calling upon all parliamentary constituencies other than those within the state of assam to elect mem· bers in accordance with the provisions of that act and of the rules and orders made thereunder in the case of assam as the revised electoral rolls had not been published in the final form, the question of holding elections from the parliamentary constituencies in assam could be taken up only after such final publication of the revised electoral rolls the commission accordingly decided to fix a separate programme in due course with respect to the elections from the parliamentary constituencies in assam and recommended that suitable provisions might be made in the representation of the people act, 1951 to provide legal cover with regard to the postponing of the elections from the parliamentary constituencies in assam the representation of the people (amendment) ordinance, 1989, was accordinglypromuig&ted by the president on the 21st octobe,r, 1989 2 the bill seeks to replace the aforesaid ordinance new delhi; dinesh goswami the 15th december, 1989 - a bill r· further to amend the representation of the people act, 1951 (shri dinesh goswczmi, m6ibtet of law and justice)

Parliament_bills

96d18729-4bba-5380-ac69-fee056f1c113

annexure extract from the constitution (scheduled castes) order, 1950(c019) 2 subject to the provisions of this order, the castes, races or tribes or specified in parts ito xxiv of the schedule to this order shall, in relation to the states to which those parts respectively relate, be deemed to be scheduled castes so far as regards member thereof resident in the localities specified in relation to them in those parts of that schedule 3 notwithstanding anything contained in paragraph 2, no person who professes a religion different from the hindu, the sikh or the buddhist religion shall be deemed tobea - member ofa scheduled caste

Parliament_bills

0cf32c96-7dfc-5405-b1b9-cac914354fb1

",' , -< ; , ~ ,, ,- bill no 64 0' 1989 the salary allowances and pension of members of parliament (amendment) bill, 1989 a billf'urther to 'amend the salary, allowances am pension of members of parliament act, 1954 be it enacted by parliament in the fortieth year of the republic of india as follows:-1 this act may be called the salary, allowances and pension of mem-short bers of parliament (amendment) act, 1989 title amend~ ment of section 6a "and back" statement of objects and reasonsevery member of parliament representing the union territory of andaman and nioobar islands and the union territory of labhadweep is entitled to air travel facility along with his spouse or companion from the usual place of residence in the island to the nearest airport in the main land of india for the return journey, steam~ facllity is provided at present on the recommendation of the joint committee on salaries and allowances of members of parliament, it is proposed to allow air travel facility for the return journey also from the nearest airport in the mainland to the usual place of residence in the island 2 the bill seeks to achieve the above object new delhi; h k l bhagat the 7th august, 1989 the bill seeks to amend provwoos of section 6a of the act to provide for air travel facility to every member representing the union territories of andaman and nicobar islands arui lakshadweep and his spouse or companion on the return joumey from the nearest airport in the mainland of india to the usual place of residence in the island 2 the aboore pro\ti'ldon ·ia apeeted to tnvehe reeunins ~ from the consolidated fund of india to the taae of ra 3%,8go per annum approximately 3 'nle pnmslons of the bill will not involve any 'other expenniture other recurring at non-tecldrlftg (30 of 1954) :f' r - - - - · : free tr8dlit by steamer sa (1) without prejudice to the provisions of section 6, every member repl'ellenting the· ubioll territory of tbe~an and nico~,islanqs or the union -tenitory of laklbadweep· shall; - - - - - • (q)be entitled to an ajjlount ~ual to the ·fare by air from his usual place of residence to the nearest airport in the main land of india: provided that nothing in this sub-section shall be construed as absolving the member from payment of any diet charges payable by him during such trav~l - - - - - (6) in addition to the facilities provided to a member under subsection (1), he shall also be entitled-- - - - - (iii) to an amount equal to the fare by air either for the spouse, if any, of the member or for one person to accompany the mem~r from the usual place of residence in the island to the nearest airport of the main land of india: provided that nothing in this sub-section shall be construed as absolvin~ the person accompanying the member or the spouse of the mem ber from oaym'?nt of any diet cjiarges pavable by such person or spome during such travel - - - - - a bill further to amend the salaly, allowances and pension of members of parliament act, 1d54 (shn h k l bhagat, ministe1' of parliamentary affairs)

Parliament_bills

452a9a44-ae06-5a0f-af0d-dd6ff27cfb26

bill no 125 of 2016 the state of arunachal pradesh (amendment) bill, 2016 byshri ninong ering, mp a billfurther to amend the state of arunachal pradesh act, 1986be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the state of arunachal pradesh (amendment) act, 2016short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint69 of 19862 after section 29 of the state of arunachal pradesh act, 1986, the following sections shall be inserted, namely:—insertion of new sections 29a to 29l10"29a on and from the commencement of the state of arunachal pradesh(amendment) act, 2016, the provisions of sections 18 to 29 (both inclusive) shall not apply to the state of arunachal pradesh and the common high court shall be the high court for the states of assam, mizoram and nagalandnonapplicability of sections 18 to 29 (both inclusive) to the state of arunachal pradeshestablishment of separate high court for the state of arunachal pradesh529b (1) on and from the commencement of the arunachal pradesh (amendment)act, 2016, there shall be a high court for the state of arunachal pradesh to be called the high court of arunachal pradesh(2) the principal seat of the high court of arunachal pradesh shall be at itanagar (3) notwithstanding anything contained in sub-section (2), the judges and division courts of the high court of arunachal pradesh, may sit at such other place or places in the state of arunachal pradesh, other than their principal seat as the chief justice of the high court of arunachal pradesh may, with the approval of the governor of the state of arunachal pradesh, appoint| 10 ||-----------|| court of || arunachal || pradesh |29c (1) such of the judges of the common high court holding office immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016, as may be determined by the president, after ascertaining their option shall, on such commencement, cease to be the judges of the common high court and become judges of the high court of arunachal pradesh15(2) every person who by virtue of sub-section (1) becomes a judge of the high court of arunachal pradesh shall, except in the case where any such person is appointed to be the chief justice of the high court of arunachal pradesh, rank in the high court of arunachal pradesh according to the priority of his appointment as judge of the common high court20jurisdiction of high court of arunachal pradesh29d the high court of arunachal pradesh shall have, in respect of any part of the territories included in the state of arunachal pradesh, all such jurisdiction, powers and authority as, under the law in force immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016, is being exercised in respect of that part of the said territories by the common high court25custody of seal of high court of arunachal pradesh29e the law in force immediately before the commencement of the state ofarunachal pradesh (amendment) act, 2016 with respect to the custody of the seal of the common high court shall, with the necessary modifications, apply with respect to the custody of the seal of the high court of arunachal pradesh30practice andprocedure in the high court of arunachal pradesh29f the law in force immediately before the commencement of the state ofarunachal pradesh (amendment) act, 2016 with respect to practice and procedure in the common high court shall, with necessary modifications, apply in relation to the high court of arunachal pradesh and accordingly, the high court of arunachal pradesh shall have all such powers to make rules and orders with respect to practice and procedure as are, immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016, exercisable by the common high court:3540provided that any rules or orders which are in force immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016 with respect to the practice and procedure in the common high court shall, until varied or revoked by rules or orders made by the high court of arunachal pradesh, apply with the necessary modifications in relation to the practice and procedure in the high court of arunachal pradesh as if such rules or orders were made by the high court of arunachal pradeshforms of writs and other processes4529g the law in force immediately before the commencement of the state ofarunachal pradesh (amendment) act, 2016 with respect to the form of writs and other processes used, issued or awarded by the common high court shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the high court of arunachal pradeshpowers of judges5029h the law in force immediately before the commencement of the state ofarunachal pradesh (amendment) act, 2016 relating to the powers of the chief justice, single judges and division courts of the common high court and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of arunachal pradeshprocedure as to appeals tosupreme court29i the law in force immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016 relating to appeals to the supreme court from the common high court and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the high court of arunachal pradesh529j (1) except as hereinafter provided, the common high court shall, as from the commencement of the state of arunachal pradesh (amendment) act, 2016, have no jurisdiction in respect of the state of arunachal pradeshtransfer of proceedings from common high court to the high court of arunachal pradesh10(2) such proceedings pending in the common high court immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016 as are certified, whether before or after that day, by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of arunachal pradesh shall, as soon as may be after such certification, be transferred to the high court of arunachal pradesh15 20(3) nothwithstanding anything contained in sub-sections (1) and (2) or in section29b, but save as hereinafter provided, the common high court shall have, and the high court of arunachal pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the common high court before the commencement of the state of arunachal pradesh (amendment) act, 2016:provided that if after any such proceedings have been entertained by the common high court, it appears to the chief justice of that high court that they ought to be transferred to the high court of arunachal pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly25(4) any order made by the common high court—(a) before the commencement of the state of arunachal pradesh (amendment) act,2016, in any proceedings transferred to the high court of arunachal pradesh by virtue of sub-section (2); or30(b) in any proceeding with respect to which the common high court retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect, not only as an order of the common high court but also as an order made by the high court of arunachal pradesh29k for the purposes of section 29i,—interpretation35(a) proceedings shall be deemed to be pending in a court until that court has disposedof all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs; and40(b) references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgement or decree passed or made by that court or judgesaving4529l nothing in sections 29b to 29k (both inclusive) shall affect the application to the high court of arunachal pradesh of any provisions of the constitution, and the provisions of these sections shall have effect subject to any provision that may be made on or after the commencement of the state of arunachal pradesh (amendment) act, 2016 with respect to the high court of arunachal pradesh by the legislature of arunachal pradesh or other authority having pwoer to make such provisions" statement of objects and reasonsa separate and permanent high court for arunachal pradesh is demanded by the people of the state from long time now although there exists a bench of gauhati high court at itanagar but due to escalating burden of pending cases and myriad historical facts, a separate high court should be established in arunachal pradesh very soonwhen the state of arunachal pradesh act, 1986 provided for a common high court, the population and dynamics of administration of the state was very different from the present times now the state faces many problems such as law and order, border management, illegal activities, insurgency, inter-state disputes, etc which have raised number of cases at a rapid rate in order to have a proper and time bound justice to the people, a separate high court of arunachal pradesh is required now which will meet the needs and aspirations of the people this will help them in getting justice timely without making unnecessary expenditureshence this billnew delhi;ninong eringfebruary 16, 2016 financial memorandumclause 2 of the bill provides for establishment of separate high court in the state of arunachal pradeshthe expenditure on establishment of separate high court in the state of arunachal pradesh including recurring expenditure will be met out of consolidated fund of the state of arunachal pradesh———— a billfurther to amend the state of arunachal pradesh act, 1986————(shri ninong ering, mp)gmgipmrnd—67l(s3)—03052016

Parliament_bills

7db382c5-55c9-503b-93c1-bd7e4870502d

bill no xlvii of 2010 the scheduled tribes and other traditional forest dwellers (recognition of forest rights) (amendment) bill, 2010 a billfurther to amend the scheduled tribes and other traditional forest dwellers(recognition of forest rights) act, 2006be it enacted by the parliament in the sixty-first year of the republic of india as follows:—2 in section 2 of the scheduled tribes and other traditonal forest dwellers(recognition of forest rights) act, 2006, for clause (o), the following clause shall be substituted as namely:—amendment of section 2 of act no 2 of 20075''(o) "other traditional forest dweller" means any member or community who has for at least one generation prior to the 13th day of december, 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needs"explanation—for the purpose of this clause, "generation" means a period comprising twenty-five years statement of objects and reasonsthe scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006, requires evidence of seventy-five years residence in forest for eligibility of non-tribal additional forest dwellers this means that proof of residence dating back to 1930 has to be produced this is obviously not feasible or practical as british who shifted large communities mainly scheduled caste into the forests gave no such certificates on the other hand the supreme court has recognized and legalized occupation of forest land prior to 1980 which benefited approximately four lakh forest dwellers the three generation condition has deprived genuine other traditional forest dwellers from their right to get pattas under the forest act the amendment will bring the act in tune with the supreme court recognition of occupation pre-1980the bill seeks to achieve the above objectives hence this billbrinda karat annexure extracts from the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 (no 2 of 2007) 2 (o) "other traditional forest dweller" means any member or community who has for at least three generations prior to the 13th day of december, 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needsexplanation—for the purpose of this clause, "generation" means a period comprising of twenty-five years ———— a billfurther to amend the scheduled tribes and other traditional forest dwellers(recognition of forest rights) act, 2006————(shrimati brinda karat, mp)gmgipmrnd—4353rs(s3)—27-08-2010

Parliament_bills

58bd741f-c96e-5cd9-b019-7a78a23a25b6

bill no 292 of 2016 the protection of speech and reputation bill, 2016 byshri tathagata satpathy, mp—————arrangement of clauses—————clauses chapter i preliminary1 short title, extent and commencement 2 definitions chapter ii suits for defamation3 suits for defamation 4 mandatory notice of a suit for defamation 5 response to a notice for a suit of defamation 6 acceptance of an offer to make amends 7 rejection of an offer to make amends chapter iii institution and parties to a suit for defamation8 institution of a suit for defamation 9 suits by government and public servants10 defendant to a suit for defamation chapter iv limitation on cause of action in a suit for defamation11 no cause of action for defamation of, or against, deceased persons 12 single cause of action for multiple defamamtory statements in the same matter 13 single cause of action for subsequent publicationclauses chapter v defences to a suit for defamation14 defence of truth 15 defence of opinion and inference 16 certain statements not to constitute defamation chapter vi procedure17 jurisdiction 18 power to transfer and consolidate cases 19 relief in suits for defamation 20 quantification of damages 21 groundless threats of legal proceedings chapter vii miscellaneous provisions22 agreements for indemnity 23 overriding effect 24 amendments of certain enactments 25 power to make rulesthe schedule bill no 292 of 2016 the protection of speech and reputation bill, 2016 byshri tathagata satpathy, mp a billto balance the right to personal reputation within the right to free speech by providing for repeal of substantive offence of defamation and its punishments; consolidate the common law relating to civil defamation; comprehensively provide for the protection of speech and reputation and for matters connected therewith or incidental theretowhereas the universal declaration of human rights, 1948 [general assembly res217a(iii)] adopted and proclaimed by united nations general assembly on 10th december, 1948; under article 19 guarantees the right to freedom of expression;and whereas article 15 of the constitution of india guarantees the right to freedom of speech and expression;and whereas the universal declaration of human rights, 1948 under article 12 further obligates states to protect honor and reputation of persons by enacting legislation;and whereas the un special rapporteur on freedom of opinion and expression based on these international obligations has stated that imprisonment is not a legitimate sanction for defamation and called for its repeal in several reports to the un commission on human rights including those on 29th january 1999, 18th january 2000 and 26th january 2001;and whereas it is considered necessary to implement the aforesaid declaration and the reportsbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the protection of speech and reputation act, 2016short title and extent(2) it extends to the whole of india, except the state of jammu and kashmirdefinitions2 (1) in this act, unless the context otherwise requires,—(a) "amend" includes an explanation, classification, rebuttal, correction, retractionand apology;10(b) "author" means the first speaker of a statement, but does not include aperson who had no intention for publication of the statement;5 of 1908(c) "code" means the code of civil procedure, 1908; (d) "defamation" means the serious harm caused to the reputation of any personas a result of a false statement made by another person;15(e) "editor" means a person having direct editorial or equivalent responsibilityfor the content of the statement or the decision to publish it;(f) "prescribed" means prescribed by rules made under this act; (g) "publisher" includes—25 of 1867(i) a "publisher" as per the press and registration of books act, 1867;20 7 of 1995(ii) any person or company, owning or operating a, "cable televisionnetwork" as defined under the cable television networks (regulation) act,1995; or31 of 200025(iii) any person or company, who publishes a statement in an "electronicform" except an "intermediary" as defined under the information technology act, 2000; (h) "publication" means making the statement available to the public;25 of 1860(i) "public servant" has the meaning assigned to it in the indian penal code,1860;3021 of 2000(j) "intermediary" has the meaning assigned to it in the information technologyact, 2000;(k) "statement" means words, pictures, sounds, images, videos, gestures or any other method signifying meaning, used, individually or in combination, by an author that is published or communicated to public; and35(l) "serious harm" means a false statement made against a person that affects his reputation severely which may be proved by circumstances subsequent to the publication of the statement5 of 1908(2) words and expressions used but not defined in this act and defined in the code of civil procedure, 1908 shall have the meaning assigned to them in the code chapter ii suits for defamation5suits for defamation3 (1) a person shall not be prohibited from making a statement except when it has theeffect of causing serious harm to the reputation of another person, resulting in the defamation of such another person10(2) any false statement, which has the effect of marginalizing a person on the basis ofhis gender identity or sexual orientation without the consent of such person, shall be deemed to have the effect of causing serious harm to such person15(3) notwithstanding anything contained in this act or any other law for the time beingin force, harm to the reputation of any company, limited liability partnership, partnership firm, sole proprietorship or other association of individuals engaged in commercial or professional activities shall not be treated as serious harm unless such harm causes or appears to cause serious financial loss which may be proved by circumstances subsequent to the publication of the statement(4) subject to the provisions of this act, any person who has suffered defamation as a result of the statement made by another person shall have the right to institute a suit for damages in the court of competent jurisdiction against such person20mandatory notice of a suit for defamation4 (1) no suit under this act shall be instituted unless, prior to instituting a suit fordefamation, the plaintiff has given notice to the author, editor or publisher of the statement that is alleged to be defamatory and the author, editor or publisher within a period of two weeks after receipt of the notice fails to satisfy the demand as per the reasonable satisfaction of the person seeking to institute a suit for defamation25(2) a notice for the purposes of sub-section (1) shall contain the followingparticulars—(a) the statement alleged to be defamatory with particulars as to when and whereit was made and came to the knowledge of the person issuing the notice;30(b) the reasons as to how the statement alleged to be defamatory caused seriousharm to the reputation of the person issuing the notice;(c) the role of the author, editor or publisher separately identified in authoring,editing or publishing the statement;(d) the name and place of the district court or a high court having original civiljurisdiction where the suit for defamation will be filed; and35(e) the details of any other suit filed in respect of the statement which is same orsubstantially similar along with the name and place of the court where it has been filed(3) the demand made under the notice shall include the relief sought and—(a) apology, correction and/or retraction in a manner and form as demanded; and (b) monetary damages on the basis of the provisions of this act40(4) any notice to the author, editor or publisher shall be delivered in the following manner—(a) all notices shall be sent through registered post to the address of the author, editor or publisher against whom the suit for defamation is sought to be filed:45provided that when the address of the author, editor or publisher is not available, a public notice shall be issued in such form and manner, as may be prescribed;(b) a copy of the notice shall also be sent by registered post to the office address, if available, of the author, editor or publisher against whom the suit for defamation is sought to be filed;5(c) notwithstanding anything in clauses (a) and (b), in case the publication containing the statement is made available on the internet, a notice may be delivered by—(i) sending an e-mail, if e-mail address is available, attaching therewith the notice with the electronic signature of the person sending the e-mail;10(ii) the e-mail shall also be sent to any e-mail address which is separately mentioned in the terms and conditions of the website for service of notices:provided that when the e-mail address of the author, editor or publisher is not available a public notice shall be issued in such form and manner, as may be prescribed:provided further that no notice shall be sent to an intermediary:15provided also that when the intermediary is the only internet website where the statement is published, notice shall be sent to the author, editor or publisher and not to the intermediary205 (1) a person who has received a notice under section 4 may offer to make amends in relation to the statement complained to be defamatory and any such offer to make amends shall be—response to notice of a suit for defamation(a) made within a period of two weeks from the date of receipt of the notice under sub-section (4) of section 4;(b) made in writing; (c) expressed to be an offer to make amends; and25(d) clearly stated whether it is a qualified offer and, if so, set out the defamatory meaning in relation to which it is made (2) an offer to make amends under sub-section (1) may include any of the following offers—30(a) to make a suitable correction of the statement complained of and sufficient apology to the aggrieved party;(b) to publish the correction and apology in a manner that is reasonable and practicable to the aggrieved party; and(c) to pay the aggrieved party such compensation, if any, and such costs, as may be agreed or determined to be payable35(3) an offer to make amends under sub-section (1) of section 5 may be withdrawn before it is accepted and a renewal of an offer which has been withdrawn shall be treated as a new offer6 (1) an aggrieved party that has sent a notice under section 4 may accept an offer to make amends made under section 5acceptance of an offer to make amends40(2) where an aggrieved party has accepted an offer to make amends under section 5, it shall not be entitled to institute or continue proceedings in respect of the statement concerned against the person making the offer, but shall be entitled to enforce the offer to make amends through legal proceedings457 (1) when an offer to make amends under section 5 is rejected by the aggrieved party, such offer shall not—rejection of an offer to make amends(a) constitute an expression or implied admission of fault or liability by the person in connection with that matter; and(b) be considered relevant to the determination of fault or liability in connection with that matter5(2) notwithstanding anything contained in the indian evidence act, 1872, any offer to make amends under section 5 shall not be admissible in proceedings as evidence of the fault of the person making it10illustration: x is aggrieved by certain statements issued by y in a press conference and x complains of defamation y offers to make amends however this written proposal offered by y is not found satisfactory by x y's offer to make amends and the written proposal for the same shall not be considered to be an admission of y's guilt and used against y in evidence during court proceedings chapter iii institution and parties to a suit for defamation8 after a person has complied with the provisions of sub-section (1) of section 4, he may institute a suit for defamation in the following manner—institution of a suit for defamation15(a) no suit for defamation shall be instituted by any person other than the person who has suffered serious harm by a false statement:20provided that where such person is under the age of eighteen years, or is of unsound mind, or is suffering from sickness or infirmity and is unable to make a complaint, or is a woman who, according to the local customs and manners, is restrained from appearing in public, some other person may institute the suit on their behalf:provided further that when a person institutes a suit on behalf of another person, such person shall do so by taking leave of the court which shall consider it and pass an order prior to issuing summons to a defendant; and25(b) an aggrieved party may institute a suit for defamation being a member of areadily identifiable association or group of person if—(i) the statement is made against an identifiable association or group ofpersons;30(ii) the statement has caused serious harm to the identifiable associationor group of persons;(iii) the aggrieved party is a natural person; and(iv) the aggrieved party is a member of such identifiable association orgroup of persons:35provided that when a natural person institutes a suit as a member of a readilyidentifiable association or group of persons, it shall be by taking leave of the court which shall consider it and pass an order prior to issuing summons to a defendant9 (1) a government agency or any local authority or institution performing government or statutory functions shall not be entitled to institute suits for defamation under this actsuits by government and public servants40(2) no suit for defamation shall be instituted or held maintainable when the statement is made against a public servant with respect to his acts and conduct relating to the discharge of his official or public duties:provided that a suit for damages by a public official seeking damages for defamatory statement be deemed to be maintainable if it is proved that the statement was made with reckless disregard for truth:45provided further that when a public servant institutes a suit for defamation, itshall be by taking leave of the court which shall consider it and pass an order prior to issuing summons to a defendantillustration: a is the chief minister of the state of x y is a journalist who authors an article which alleges an abuse of power by a which a claims contains defamatory statementsthe state of x cannot file a suit for defamation on behalf of a however, a can file a suit as a is a public official5since the statement which has been alleged by a to be defamatory relates to the discharge of official or public duties by a, in order that suit for defamation is maintainable, a has to first establish serious harm to his reputation and that it was made with reckless disregard for the truth10establishing that the statement made against a by y is false shall not by itself constitute a reckless disregard for truth but it shall also require extreme negligence, malice, ill-will or bad faithdefendant toa suit for defamation10 (1) any suit for defamation shall proceed only against the author, editor or publisherof the statement and shall contain particulars identifying each defendant under the category of an author, editor or a publisher1525 of 1867(2) in the case of statement made in any book, newspaper or paper, the plaintiff shallidentify the author, editor or publisher as per the declarations contained under the press and registration of books act, 1867:25 of 186720provided that where the statement is not governed by the provisions of thepress and registration of books act, 1867, the plaintiff shall make reasonable efforts to ascertain the author, editor or publisher and the explanation of such effort should be contained in the particulars of the plaint(3) an intermediary shall not be considered the author, editor or publisher of any statement and shall not to be made party to any suit for defamationexplanation—for the purposes of this section—25(1) an intermediary shall comply with the order and judgment of a court withoutbeing a party to the proceedings therein;(2) any defendant may claim the status of an intermediary even if such a personis alleged to be the author, editor or publisher of the statement by the plaintiff in a suit for defamation30 chapter iv limitation on cause of action in a suit for defamation11 (1) no person (including the legal heirs and descendants of a deceased person)shall institute, continue or enforce a cause of action for defamation in relation to—35(a) a statement about a deceased person, irrespective of whether such statementis published before or after the death of such person; orno cause of action for defamation of, or against, deceased persons(b) a statement made by a person who has died since it was published, notwithstanding anything contained in the indian succession act, 1925:40provided that a cause of action for a suit for defamation shall exist, when a statement is not limited to a deceased person and extends to any other person who has suffered direct, serious harm as a consequence of it (2) for the purposes of this section, a body corporate shall be considered a deceased person from the date a court passes an order for its dessolution or declaration of insolvency4512 a person shall have a single cause of action for defamation in relation to the publication of a defamatory statement about the person even if more than one defamatory statement about the person is carried in the same mattersingle cause of action for multiple defamatory statements in the same mattersingle cause of action for subsequent publication513 (1) for the purpose of counting time from which period begins to run in suits for compensation for libel under the limitation act, 1963 in case of subsequent statements of substantially same form as first, after being published in the cause of action against the author, editor or publisher in respect of the subsequent statement shall be deemed to have accrued on the date of the first publication10(2) for the purpose of counting time from which period begins to run in suits for compensation for slander under the limitation act, 1963 in case of subsequent spoken statements of substantially same form as first spoken statement, the cause of action as well as special damage against the author, editor or publisher shall be deemed to have accrued on the date of the first spoken statement(3) the provision of this section shall not apply to the subsequent statement if the matter of the subsequent statement is materially different from the matter of the first statement chapter v defences to a suit for defamation15defence of truth14 (1) a defendant shall not be deemed to have committed defamation if the statementalleged to be defamatory or the imputation coveyed by it is substantially true20(2) in a suit for defamation in which a statement is alleged to be defamatory, the defendant shall not be held liable merely because one or more statements are shown to be materially false unless such statement also causes serious harm to the reputation of the plaintiff(3) notwithstanding anything contained in any law for the time being in force, in cases involving statements on matters of public concern, the plaintiff shall bear the burden of proving the falsehood of any statement or imputation of fact alleged to be defamatory25defence of opinion and inference15 (1) in a suit for defamation, a defendant shall not be deemed to have committed defamation if the statement alleged to be defamatory is a statement of opinion or a factual inference and the conditions laid down in sub-section (2) are satisfied(2) the following conditions must be satisfied by a defendant to avail the defence of opinion and inference-(a) the statement complained of is a statement of opinion or a factual inference;30(b) in case the statement complained of is a statement of opinion, the statementcomplained of shall indicate, whether in general or specific terms, the basis of the opinion;35(c) in case the statement complained of is a statement of factual inference, thestatement complained of shall reasonably summarise the matters from which the inference has been or may be drawn including any such matters militating against the inference; and(d) a reasonable person must be able to hold the opinion or draw the inferenceon the basis of any relevant facts known to the author of the statement at the time the statement complained of was published40(3) the defence of opinion and factual inference shall not apply if it is proved that thedefendant did not hold the opinion and in respect of a factual inference, the defendant was malicious16 (1) notwithstanding anything contained in this act, the publication of following statements, which shall be protected by absolute privilege, shall not constitute defamation—45(a) a statement made in proceedings of any meeting or sitting of:certain statements not to constitute defamation(i) the council of states or the house of the people; (ii) the legislative council or the legislative assembly;(iii) any local authority or committee of a local authority; (iv) any commission, tribunal, committee or inquiry by a person appointedfor the purposes under the central government or the state act by the appropriate government;5(v) any local inquiry by a person appointed by a local authority in pursuanceof any of the central or the state act;(vi) any other tribunal, committee or board constituted and exercisingfunctions by or under the central government or the state act; and10(b) statements contained in reports written in any of the bodies mentioned in this section;(c) statements made—(i) in proceedings before a court, tribunal or authority that has the power to act judicially or exercising judicial or quasi-judicial functions;15(ii) in communications between any person and an advocate or legalcounsel for the purpose of obtaining or rendering legal advice; and(iii) under the penalty of perjury or under an oath(2) notwithstanding anything contained in this act, any fair and accurate publication of the following statements shall be protected by conditional privilege and shall not constitute defamation unless made with malice—20(a) proceedings of a legislature of any foreign country or of a committee of any such legislature, or an international organisation of which india is a member, or of organisations recognised by the united nations, or of any international conference to which the government of india sends a representative;25(b) findings or decisions of associations or any committee or governing body in relation to a person who is a member of or is subject, by virtue of any contract, to its control; (3) the proceedings at a general meeting of any company or association constituted, registered or certified by or under a central or state act chapter vi procedure3017 (1) no suit for defamation under this act shall be instituted in any court inferior to a district court having jurisdiction to try the suit(2) notwithstanding anything contained in the code of civil procedure, 1908, a suit for defamation shall be instituted within the local limits of a district court where the defendant resides, or carries on business, or personally works for gain:35provided that where the address of the defendant is unavailable or exists beyond the territorial extent of india the aggrieved party may institute a suit for defamation at a place where the publiction containing the statement is first made available to the public:4045provided further that in instance when the address of the defendant is unavailable or exists beyond the territorial extent of india and the publication containing the statement is made on the internet, then the aggrieved party may institute a suit for defamaton in a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such person, any of them actually and voluntarily resides or carries on business or personally works for gain(1) a suit for defamation shall only be filed under this act in a court as has been stated in the notice for defamation; however, the statement of a specific court in a notice does not confer jurisdiction to a district court which otherwise does not have jurisdiction as per the provisions of this act5power to transfer and consolidate cases18 (1) whenever it is made to appear to the supreme court that an order under thissection is expedient for the ends of justice, it may direct that any particular case(s) or appeal be transferred from one high court to another high court or from a civil court subordinate to one high court to another civil court of equal or superior jurisdiction subordinate to another high court10(2) the supreme court may act under this section only on the application of theattorney general of india or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the attorney-general of india or the advocate-general of the state, be supported by affidavit or affirmation19 (1) the relief which a court may grant in any suit for defamation includes injunction(subject to such terms, if any, as the court thinks fit) at the option of the plaintiff and damages15relief in suits for defamation(2) the order of injunction under sub-section (1) may include any of the following reliefs, namely:(a) a suitable correction of the statement found to be defamatory and sufficientapology to the aggrieved party;20(b) to publish the correction and apology in a manner that is reasonable andpracticable to the aggrieved party;(c) to pay the aggrieved party such compensation by way of damages (if any)25(3) the costs of all parties shall be as per the discretion of the court and the court shall take into account the travel and business costs incurred by the parties while assigning costsquantification of damages20 (1) an aggrieved party shall not be awarded exemplary or punitive damages in a suit for defamation30(2) in determining the amount of damages to be awarded in any defamation proceedings, the court is to ensure that there is an appropriate and rational relationship between the harm sustained by the aggrieved party and the amount of damages awarded(3) the court may determine the appropriate and rational relationship between the harm sustained by the aggrieved party and the amount of damages based on the following factors—35(a) the proportionality of the harm with direct financial loss subsequent to thepublication of the statement which is defamatory; or(b) repeated defamatory statements by the defendant against the aggrievedparty in separate publications which may evidence a presence of malice; or(c) flagrant disregard for the truth through willful recklessness which gives riseto the defamatory statement40(4) the court may also consider the following factors in mitigating damages which may be awarded-(a) the potential of a chilling effect caused which may limit the ability of thepublication or any of the defendants to ordinarily conduct business;45(b) the publication of any correction, retraction, or apology published by thedefendant, and the nature, extent, form, manner, and time of that publication;(c) any statement of explanation or rebuttal, or of both explanation and rebuttal,in relation to the matter that is the subject of the proceedings, and the nature, extent, form, manner, and time of that publication; and5(d) delay between the publication of the matter in respect of which theproceedings are brought and the decision of the court in those proceedings, being delay for which the plaintiff was responsible (5) in cases of damages which are claimed without specific evidence which is provedon direct and actual financial loss there shall be a limitation on damages in the following manner-10(a) the maximum amount of damages for such non-economic loss that may beawarded in defamation proceedings shall be such as may prescribed by the central government by notification in the official gazette that is applicable at the time damages are awarded15groundless threats of legal proceedings21 (1) when a person, by means of a notice or other mediums such as circulars,advertisements or by any other means threatens a person with an action or proceedings for defamation the recipient may institute suit against such person praying for the following reliefs:(a) a declaration to the effect that the threats are unjustifiable; (b) an injunction against the continuance of such threats; and20(c) such damages, if any, as may have been sustained thereby(2) a defendant in a suit under this section may prefer a counterclaim for defamationfor any of the reliefs as provided under section 19 of this act25(3) nothing in this section shall render an advocate or a legal practitioner liable to anaction under this section in respect of an act done by him in his professional capacity on behalf of the client(4) a suit under this section shall not be instituted in any court inferior to a district court within whose local limits the notice or other mediums such as circulars, advertisements or through such other means the threats were received30 chapter vii miscellaneous provisionsagreements for indemnity22 an agreement indemnifying any person against civil liability for defamation inrespect of the publication of any statement shall not be unlawful unless at the time of making the statement that person knows that the matter is defamatory and does not reasonably belive there is a good defence to any action brought upon it35overriding effect23 (1) notwithstanding anything contained in any law for the time being in force,any suit having a cause of action for defamation or praying for reliefs seeking monetary damages, declaration or injunction for defamation, with or without any connected and ancillary reliefs, shall be heard and decided in accordance with the provisions of this act40(2) in any suit for defamation there shall be no distinction between statements whichare considered to be slander and liabel, which shall only and exclusively be governed by the provisions of this act24 (1) the enactments specific in the schedule are hereby amended to the extentand the manner mentioned in the fourth column thereofamendment of certain enactments45(2) the amendment of enactments shall not affect continuation of any legal proceedingpending in a court at the commencement of this act and the proceedings may be continued in that court as if this act had not been passedpower to make rules25 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act510(2) every rule made under this act by the central government shall be laid, as soon asmay 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 succsessive sessions, and if, before the expiry of the session immediately following the session or the succssive 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 the schedule[see section 24]yearnoshort titleextent of repeal186045the indian penal code, 1860sections 499 to 50219742the code of criminal procedure, 1973section 199 statement of objects and reasonsthe right to free speech, which is guaranteed under article 19(1)(a) of our constitution, is an important aspect that ensures our democracy remains vibrant and ever evolving however, it is important to also ensure that this right is not misused to damage the reputation of a person or entity to ensure the existence of a healty social environment, there needs to be a fine legislative balance between free speech and the right to reputationthe protection of speech and reputation bill attempts to repeal the substantive offence of defamation and its punishments the larger aim of this bill is to consolidate the common law relating to civil defamation and to comprehensively provide for the protection of speech and reputation as per the constitutionthis bill seeks to bring in simplified procedure to redress defamation complaintsefforts are to make trial by subordinate judiciary as easy and simple as such a complex law could possibly be it proposes to create a mandatory notice process, before a case is filed in court this will ensure that the person who complains and the person against whom the complaint is made, can find ways of avoiding litigation this would be one step towards promoting ease of doing business as companies would have an effective, quick remedy to protect their reputation on showing serious harm the bill also tries to address important issues with respect to territorial jurisdiction and damages awarded taking into consideration global best practices on defamation laws the bill proposes that all changes in defamation law, including the proposal for the decriminalization of defamation, should be applicable prospectively and should not apply to any pending proceedingsthe indian penal code, 1860 states that defamation is a criminal offense criminal defamation is a law made one hundred and fifty years ago and preserved without substantial legislative change till date this colonial enactment had the clear intent to curb liberty of a subject nation a change in times should, ideally, lead to a change in law there are frequent debates whether these restrictions are relevant in modern age it is a lack of clarity on this that often leads to misuse of defamation laws by using them as a harassment tool the ultimate result is that this restricts speechthe universal declaration of human rights, adopted and proclaimed by united nations general assembly on 10th december,1948, guarantees the right to freedom of expression under article 19 if we look around the world, there is an emerging global trend to abolish criminal defamation united kingdom, the country that gave us the indian penal code in its original form, has repealed criminality in its defamation law in 1996 and, in its place, passed a reasonable law in the year 2013india must march in tandem with the world and make an effort to keep up with timesthere is an urgent need to reform our defamation law to ensure india has the required social environment for democracy and the economy to flourishhence this billnew delhi;tathagata satpathyoctober 27, 2016 memorandum regarding delegated legislationclause 25 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 balance the right to personal reputation within the right to free speech by providing for repeal of substantive offence of defamation and its punishments; consolidate the common law relating to civil defamation; comprehensively provide for the protection of speech and reputation and for matters connected therewith or incidental thereto————(shri tathagata satpathy, mp)gmgipmrnd—3100ls(s3)—23112016

Parliament_bills

70a77e8a-5e93-51e5-bd8d-43a1adb6d24c

the compulsory promotion, utilisation, supply and access of renewable energy bill, 2014———— arrangement of clauses———— clauses1 short title, extent and commencement 2 definitions 3 national renewable energy policy 4 establishment of national committee on renewable energy 5 renewable energy resource assessment 6 national energy capital accounting 7 cross-sectoral application of renewable energy 8 national clean energy fund 9 establishing state clean energy fund10 commercialisation of renewable energy 11 land allocation 12 database of land banks 13 transmission and related infrastructure 14 renewable energy obligations 15 renewable energy certification 16 financing provisions for private sector 17 private sector mandatory investments in renewable energy 18 rural energy supply 19 establishment of district committee 20 electrification from renewable energy sources 21 off-grid renewable energy access fund 22 enhancing the capacity of state nodal agencies 23 central monitoring committee 24 government to provide funds 25 power to remove difficulty 26 power to make rulesbill no li of 2014 the compulsory promotion, utilisation, supply and access of renewable energy bill, 2014 a billto provide for the formulation of a comprehensive renewable policy in the country andtaking stock of energy resources of the country to facilitate sustainable and affordable energy planning ensuring access to rural and urban areas, at district, state and national level, by building a strong institutional structure for renewable energy projects and monitoring of small energy systems to set up strong financial and infrastructural systems that enable investments and mandating public and private sector companies to compulsorily use or promote renewable energy and for all matters connected therewith and incidental theretowhereas the kyoto protocol, ratified by india on the 26th day of august, 2002, in order to promote sustainable development adopts measures to research on, and promotion, development and increased use of, new and renewable forms of energy and of advanced and innovative environmentally sound technologies;and whereas the united nations, in its resolution 58/210 adopted by the general assembly to which india is a signatory as on the 23rd day of december, 2003, recognizes the need for increased usage of renewable energy resource, more efficient use of energy, greater reliance on advanced energy technologies, including advanced and clearner technologies, which could meet the growing need for energy services in the longer term to achieve sustainable development;and whereas it is considered necessary to give effect to the said protocol and the resolutionbe it enacted by parliament in the sixty-fixfth year of the republic of india as follows:—1 (1) this act may be called the compulsory promotion, utilisation, supply and access of renewable energy act, 2014short title, extent and commencement(2) it extends to the whole of india5(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 coming into force of 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 provision10definitions2 in this act, unless the context otherwise requires,—| (a) | "appropriate commission" means the central regulatory commission or ||------------------------------------------------------------------------------------|--------------------------------------------------------------------------|| the state regulatory commission or the joint commission, as the case may be; | || 15 | || (b) | "appropriate government" means in the case of a state, the government of || that state, and in other cases, the central government; | || (c) | "central nodal agency" means the union ministry for new and renewable || energy ; | || (d) | "national committee" means the national committee on renewable energy || constituted under section 4; | || (e) | "prescribed" means prescribed by order under this act; || 20 | || (f) | "renewable energy sources" means renewable sources such as small hydro, || wind, solar including its integration with combined cycle, biomass, bio fuel | || cogeneration, urban or municipal waste and such other sources as recognized or | || approved by ministry for new and renewable energy; | || 25 | || (g) | "state nodal agency" means the department of a state government || responsible for managing, co-ordinating and facilitating all operations related to | || renewable energy sources ministry to new and renewable energy; | |3 (1) the central government, in consultation with the state governments, shall within one year from the commencement of the act:—national renewable energy policy30(i) formulate a national renewable energy policy in accordance with thecountry's objectives and commitments, so as to;(a) specify national renewable energy targets in terms of total renewableenergy generation for the next twenty years with a five yearly break-up of the targets;(b) define and set renewable energy quota; and35(c) set up a review panel to review the progress of the policy provision,targets and issues annually;(ii) issue, by notification in the official gazette, changes in the targets laid down under sub-section (1) on the advice of the national committee;40(2) every notification issued under sub-section (2) shall be laid before each house of parliament during the session immediately following the issue of notification; and(3) the targets changed under sub-section (2) above will supersede all other national or state targets currently prevailing4 (1) the appropriate government shall, within two months of the coming into force of this act, constitute a committee to be known as the national committee on renewable energy for the purposes of advising the government on all matters related to renewable energy including those referred to in or arising from the implementation of this actestablishment of national committee on renewable energy(2) the national committee shall consist of,—5(a) a chairperson, who shall be a person having special knowledge in the fieldof renewable energy development and climate change issues to be nominated by central government10(b) one member each, representing the central electricity regulatorycommission and the state electricity regulatory commission;(c) at least two members having judicial background to be nominated by thecentral government;(d) one member to be nominated by the central government representing theunion ministry of new and renewable energy;15(e) one member to be nominated by the central government representing thebureau of energy efficiency; and(f) two members representing the non-governmental organizations working inthe field of renewable energy and climate change to be nominated by the central government20(3) the chairman and members of the national committee shall be nominated bycentral government in such manner as may be prescribed(4) the appropriate government may, if its considers necessary, appoint one or more persons having specialized knowledge and experience in the field of renewable energy and climate change as ad-hoc members of the national committee25(5) the salaries and allowances payable to and other terms and conditions of serviceof the chairperson and members of the committee shall be such as may be prescribed| 5 | the appropriate government shall implement such measures to assess the availability ||--------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| of renewable energy resources in the country by: | || renewable | || energy | || resource | || assessment | || 30 | || ( | i || of renewable energy potential as part of an integrated approach to scaling up renewable | || energy; | || ( | ii || renewable energy technologies to all potential investors to help them assess the | || viability of projects | || 35 | || national | || energy capital | || accounting | || 6 | the appropriate government, within one year from the enactment of this act, shall || initiate a comprehensive exercise in economic terms on valuation, consumption and addition | || of the complete national energy (renewable and non-renewable) resources of components | || that are generative of income, goods or services | || 40 | || 7 | the appropriate government shall endeavour for integration of renewable energy in || various infrastructure and development programs and schemes of the government through | || the following names: | || cross- | || sectoral | || application | || of renewable | || energy | |(i) ministry shall have a renewable energy cell to will plan and suggest ways forenergy utilization in all schemes and programs of the ministry, including the energy consumption of the ministry itself;45(ii) the renewable energy cell shall ensure direct co-ordination with the centralnodal agency; and(iii) five percent of each ministry's budget shall be earmarked and utilised for renewable energy projectsnational clean energy fund58 the appropriate government shall make provisions for utilizing the national cleanenergy fund to meet subsidy obligations, thereby relieving the government's budgetary resources for other usesestablishing state clean energy fund9 the appropriate government shall establish separate state clean energy funds tofinance additional subsidy allocations and set up a mechanism to monitor the utilization of the fund1010 the appropriate governments, in co-ordination with the appropriate commission,shall endeavor to develop a self-sustaining market for renewable energy technologies by;commercialisation of renewable energy(a) complete commercialization of renewable energy technologies (b) phasing out subsidies with clear timelines and plans (c) ensuring grid parity for the existing renewable energy technologies for thenext ten years15land allocation11 the appropriate government shall take measures to provide suitable land for utilityscale renewable energy projects including facilitating the provisions of land banks under the guidance of the land and revenue departmentdatabase of land banks12 the appropriate government shall establish an online repository or database ofland banks of the available land, with all pertinent information including land use, infrastructure available, location, market access, etc to assist developer for expediting project implementation20transmission and related infrastructure13 the appropriate government shall establish a strong transmission infrastructurefor timely, affordable evacuation of renewable energy based electricity with minimal losses by:25(i) planning if the expansion of transmission infrastrcture, for both intra andinter-states, to bring renewable energy power from distant generating stations to load centres;(ii) taking appropriate measures for grid enhancement, stability augmentationand modern load and grid management to maintain grid stability across the country;30(iii) enhancing the technical capabilities of various regional load dispatch centresand other key agencies at the state level for plannig and managing renewable energy and setting up of forecasting tools along with software to facilitate the managing of intermittency, supply and demand management 14 (1) the appropriate commission shall ensure the compliance of the renewableenergy obligations as specified in the electricity act 2003 by:—36 of 2003renewable energy obligations35(a) a trajectory for renewable purchase obligation (rpo) targets starting at fivepercent in 2010 and increasing by 1% in every successive year;(b) determining a mechanism for calculating the penalty for non-rpo compliancethat imposes increased penalty and stricter regulations; and40(c) ensuring the timely and firm implementation of the penalty mechanism throughstate electricity regulatory commissions (sercs)(2) the appropriate government shall set renewable generation obligation targets for central and state generators of conventional thermal power plants to commission renewable energy projects, such that,45(a) renewable generation obligation shall be the amount of renewable energythat conventional thermal power plant developers have to mandatorily generate during a specified period;(b) an obligation and target show be set as a percentage of the total conventional power generated by the developer; and(c) the renewable generation obligation target for power producers should be increased by 05 percent in every successive year515 the appropriate commission shall promote the obligated entities to use the currentrenewable energy certificate mechanism for meeting their rpo targets by—renewable energy certification(a) defining renewable energy certificates in a comprehensive manner; (b) promoting government organisations, public sector undertakings (psus)and private companies to undertake voluntary purchase of recs; and10(c) introducing purchase as a specific activity under the list of corporate socialresponsibility activitiesfinancing provisions for private sector1516 the centre and the state governments shall ensure availability of adequate funding options, incentives and financing means for renewable energy projects to attract private sector investments and the financial instruments shall also be promoted to mobilise funds from institutional and retail investors17 (1) the appropriate government shall specify a percentage of electricity supply to be drawn from renewable energy sources as mandatory for private sector companies and the private companies shall use any of the following mechanisms to meet their renewable energy requirements;private sector mandatory investments in renewable energy(a) setting up captive renewable energy power plants;20(b) purchasing electricity generated from renewable energy sources from thirdparty generators;(c) purchasing renewable energy certification to meet their renewable energyrequirements, in case they are unable to source the actual renewable electricity; and2518 of 2013(d) allocating a percentage of corporate social responsibility funds undercompanies act 2013 for renewable energy installations30 354045(2) the appropriate government shall introduce a penalty mechanism for companies that are not abiding sub-section (1) of section 17 including monetary penalty, increased targets in successive years and withdrawal of financial benefits and amount so collected shall be contributed to the state clean energy funds(3) the state energy departments to be made responsible for monitoring compliance for these targets(4) the appropriate government shall publicly recognize private sector companies outperforming their renewable energy obligation targets and incentivize them through various schemes and rebates(5) the appropirate government shall also give priority to products from such companies in case of usage or consumption in government projects and schemes(6) the appropriate government shall make it mandatory for special economic zones, industrial clusters and upcoming or proposed projects that are to be set up, to meet a percentage of their energy requirement, if not entirely, by utilizing clean and renewable energy(7) the grants and benefits to non-governmental individuals or bodies, by the government, shall be linked to their utilization of clean and renewable energy for meeting requirements of the energy component of their projects(8) the appropriate government shall, at the time of clearance of proposed and ongoing projects, ensure that all avenues of utilizing clean and renewable energy resources have been exhausted before issuing an appropriate certificationrural energy supply18 the appropriate government, within the ambit of this act, shall include a detailed,time bound plan for ensuring energy access and supply to un-served and underserved rural areas and people with the help of clean and renewable energy sources, by;(a) mapping the household level electrification and energy supply status in theentire country within six months of enactment of this act5(b) undertaking a micro scale resource assessment at the district and villagelevel, under the supervision of state energy departments and the resource information to be compiled and made avialable in the public domain in official and local languages10establishment of district committee19 (1) the appropriate government, within one year of the enactment of this act, shallconstitute district level committees for renewable energy promotion and development which shall consist of the following members:—(i) a chairperson, who shall, either be a member of parliament and if he is notavailable an officer of district magistrate level, appointed by the state government;15(ii) a deputy chairperson, having such qualification and experience, as may beprescribed to be nominated by the appropriate government;(iii) an expert scientist having enough professional experience and profoundknowledge in the field of renewable energy, to be nominated by the appropriate government;20(iv) five members representing the state government, having knowledge in thefield of energy service; and(v) at least two members from non-governmental organisatiion working in thefield and stakeholders from the industry;(2) the member of the district committee shall be nominated by state government in such manner a may be prescribed by state govt25(3) the salaries and allowances payable to and other terms and conditions of service of the chairperson, deputy chairperson and members of the district committee shall be such as may be prescribed(4) the district committee shall carry out the following functions:30(i) prepare a comprehensive plan for ensuring enegry supply for developmentthrough local renewable energy sources in the district;(ii) carry out participatory appraisal of the plan though public hearing andmeetings;(iii) submit the plan to the state government including the requirements ofgrants, assistance and aid for the implementation of the plan;35(iv) pursue the state government for appropriate allocation and timely release ofthe funds and other support required for renewable energy development at the district level; and(v) implementation and monitoring of the planned activities for renewable energydevelopment at district level40(5) all decisions of the district committee shall be made on the basis of majority vote,with the chairperson and deputy chairperson having the right of veto20 the appropriate government shall make it compulsory to promote renewable energy based electrification in rural areas and shall take the following steps for the purpose—| ( | a | ) take cognizance of the local renewable energy plan; ||----------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| electrification | | || from | | || renewable | | || energy | | || sources | | || 45 | | || ( | b | ) promote innovative business models and support local entrepreneurs through || appropriate incentives as may be prescribed by the central government; and | | || ( | c | ) ensure that all regional rural banks mandatorily allocate a certain percentage || of their funds for lending to the off grid renewable energy systems | | |offi-grid renewable energy access fund21 the appropriate government shall create an off-grid renewable energy access fund to receive funds from sources such as, grants made by international donors, including a portion of the state clean energy funds, and the proceeds of such funds shall be used for setting up off-grid renewable energy systems in rural areas522 the appropriate government shall undertake programs to enhance the capacity ofstate nodal agencies to implement various policies and initiatives at the state level and various other skills gap in the sector shall be systemically addressed by developing partnership models among the industry, institutions, and the governmentenhancing the capacity of state nodal agencies1023 the appropriate government shall carry out strict monitoring of the renewableenergy programs being implemented by;central monitoring committee(a) establishment of a monitoring committee, within three months of theimplementation of the act, consisting of the secretary, ministry of new and renewable energy two members with such members and in such manner as may be prescribed by government ;15(b) the committee, within six months of implementation of this act, shall devise acomprehensive monitoring plan for the central, state and district level;(c) initiate an online monitoring system of centralized and decentralizes renewableenergy installations; and(d) the committee shall make quarterly report about the progress20government to provide funds24 the central government, shall from time to time provide, after the appropriationmade by the parliament by law in this behalf, requisite funds for carrying out the purposes of this actpower to remove difficulty2525 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment, in consultation with the state governments, 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 any difficultypower to make rules26 the central government, in consultation with the state governments, may be notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsindia faces a major challenge of energy, with conventional resources hard-pressed;power for all remains a distant dream recording a 76% increase in electric power consumption over the past decade, electricity generation has been unable to keep pace with the rapid industrialization, economic growth and growth in population with two decades of increase in the deficit of power supply and an extremely low per capita consumption of electricity, india is struggling to meet increasing power demand and the demand is expected to rise significantly in the futurefrom the total power generation capacity of 254 gw, 70 per cent is generated from thermal alone as againt the admissibly low, 12 per cent genration from renewable and clean sources of energy most of the capacity enhancement is in coal based power plants an increasing decline in capacity utilisation in power plants by 13 percentage points from 78 per cent to 65 per cent in the last 5 years along with the 700 per cent increase in coal coupled with the quality and monopoly of coal along with allocation of limited fuel among competing sectors, it has become a necessity for india to look at renewable, new and clean sources of energyrenewable energy project take lesser time and are easier to implement as compared to large scale projects moreover, clean and renewable energy will do away with the need of importing coal and save the country's foreign exchange the government should encourage the use of the clean and renewable energy because the initial costs are slightly higher than conventional options, which is why people do not adapt to it easily, hence this bill will guide energy choice of people towards and environment friendly, clean and renewable energy rather than the conventional which damage the environmentrealizing the importance of renewable energy, the government of india has initiated plans and policies over the years to promote renewable energy in the country as a result, deployment of renewable energy in the country has gained significant momentum today however, several issued such as lack of private financing, enforcement and compliance for renewable purchase obligation, lack of comprehensive renewable energy policies, rapid mechanism for setting standard industrial norms and monitoring the minimum compliance by organisations act as some of the key barriers to its growth rural electrification, participation by private players (33 per cent of the generation capacity in 2014 was from the private sector expected to rise to 52 per cent by 2017) and research on, and promotion, development and increased use of, clean and renewable forms of energy remains avenues for the country to explore and enhancetherefore, a comprehensive legislation aimed at removing these barriers and accelerating the development of renewable energy technologies at both national and state level is thus necessary building a strong institutional framework for utilization and development of renewable energy in the country is critical to embark on low carbon sustainable and inclusive development clean and renewable energy is no longer an option but the need of the hourhence this billvivek gupta financial memorandumclause 4 of this bill establishes the national committee on renewable energy, cluase5 is with regard to a comprehensive renewable energy resource assessment in the country, clause 9 deals with establishing clean energy fund in states, clause 12 creates an online repository of lank banks available in the public domain, clause 13 is with regard to creating transmission and related infrastructure from distant sources, clause 18 maps energy access for rural energy supply and clause 19 establishes the district committee, clause 21 creates an off-grid renewable energy access fund and clause 23 establishes a central monotoring committee these would involve direct expenditure from the consolidated fund of india clause 24 of the bill makes it obligatory for the central government to provide requisite funds for carrying out the purposes of this billthe bill, therefore, if enacted would involve expenditure from the consolidated fund of india the recurring and non-recurring expnditure on this count cannot be estimated at this stage, but has to be worked out by central government while implementing the provisions of the act memorandum regarding delegated legislationclause 26 of the bill gives power to the central government, in consultation with the state governments, to make necessary rules for making 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 formulation of a comprehensive renewable policy in the country and taking stock of energy resources of the country to facilitate sustainable and affordable energy planning ensuring access to rural and urban areas, at district, state and national level, by building a strong institutional structure for renewable energy projects and monitoring of small energy systems to set up strong financial and infrastructural systems that enable investments and mandating public and private sector companies to compulsorily use of promote renewable energy and for all matters connected therewith and incidental thereto—————(shri vivek gupta,, mp)gmgipmrnd—4851rs(s3)—27022015

Parliament_bills

082e56e0-b2c0-5a90-a115-d5f4d6ce0691

the code on social security, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent, commencement and application 2 definitions 3 registration of establishment chapter ii social security organisations4 constitution of central board of trustees 5 constitution of employees' state insurance corporation 6 national social security boards 7 constitution of state building workers welfare boards 8 disqualification and removal of a member of any social security organisation 9 procedure for transaction of business of social security organisation, etc10 executive heads of central board and corporation 11 supersession of corporation, central board of trustees, unorganised workersnational social security board or state unorganised workers social security board12 state board, regional boards, local committees, etc 13 entrustment of additional functions to social security organisations chapter iii employees provident fund14 appointment of officers of central board 15 schemes 16 funds 17 contribution in respect of employees and contractors 18 fund to be recognised under act 43 of 1961 19 priority of payment of contributions over other debts 20 chapter not to apply to certain establishment 21 authorising certain employers to maintain provident fund accounts 22 transfer of accounts 23 appeal to tribunal chapter iv employees state insurance corporation24 principal officers and other staff clauses25 employees' state insurance fund 26 purposes for which employees' state insurance fund may be expanded 27 holding of property, etc 28 all employees to be insured 29 contributions 30 administrative expenses 31 provisions as to payment of contributions by employer, etc 32 benefits 33 corporation's power to promote measures for health, etc, of insured persons 34 presumption as to accident arising in course of employment 35 accidents happening while acting in breach of law, etc 36 occupational disease 37 references to medical board 38 dependants' benefit 39 medical benefit 40 provision of medical treatment by state government or by corporation 41 general provisions as to benefits 42 corporation's rights when an employer fails to register, etc 43 liability of owner or occupier of factories, etc, for excessive sickness benefit 44 scheme for other beneficiaries 45 schemes for unorganised workers, gig workers and platform workers 46 exemption of factories or other establishments belonging to government or anylocal authority47 contributions, etc, due to corporation to have priority over other debts 48 constitution of employees' insurance court 49 matters to be decided by employees' insurance court 50 powers of employees' insurance court 51 proceedings of employees' insurance courts 52 appeal to high court chapter v gratuity53 payment of gratuity 54 continuous service 55 nomination 56 determination of amount of gratuity 57 compulsory insurance 58 competent authority chapter vi maternity benefit59 employment of, or work by, women prohibited during certain period 60 right to payment of maternity benefit clauses 61 continuance of payment of maternity benefit in certain cases62 notice of claim for maternity benefit and payment thereof 63 payment of maternity benefit in case of death of a woman 64 payment of medical bonus 65 leave for miscarriage, etc 66 nursing breaks 67 creche facility 68 dismissal for absence during pregnancy 69 no deduction of wages in certain cases 70 forfeiture of maternity benefit 71 duties of employer 72 power of inspector-cum-facilitator to direct payments to be made chapter vii employee's compensation73 reports of fatal accidents and serious bodily injuries 74 employer's liability for compensation 75 compensation in case of death of or injury in plantation 76 compensation in case of death of or injury in plantation 77 compensation to be paid when due and damages for default 78 method of calculating monthly wages for purposes of compensation 79 review 80 commutation of half-monthly payments 81 distribution of compensation 82 notice and claim 83 special provisions relating to accidents occurring outside indian territory 84 medical examination 85 contracting 86 remedies of employer against stranger 87 insolvency of employer 88 power to require from employers statements regarding fatal accidents 89 registration of agreements 90 reference to competent authority 91 appointment of competent authority 92 venue of proceedings and transfer 93 form of application 94 power of competent authority to require further deposit in cases of fatal accident 95 powers and procedure of competent authority 96 appearance of parties 97 method of recording evidence 98 power to submit cases 99 appeal against order of competent authorityclauses chapter viiisocial security and cess in respect of building and other construction workers100 levy and collection of cess 101 interest payable on delay in payment of cess 102 power to exempt from cess 103 self-assessment of cess 104 penalty for non-payment of cess within the specified time 105 appeal to appellate authority 106 registration of building workers as beneficiaries 107 cessation as a beneficiary 108 building and other construction workers' welfare fund and its application chapter ix social security for unorganised workers109 framing of scheme for unorganised workers and constitution of social securityfund for gig workers, platform workers, etc110 funding of state government schemes 111 record keeping 112 workers facilitation centres 113 registration of unorganised worker 114 schemes for gig workers and platform workers chapter x finance and accounts115 accounts 116 audit 117 budget estimates 118 annual report 119 valuation of assets and liabilities 120 holding of property, etc 121 writing off of losses chapter xi authorities, assessment, compliance and recovery122 appointment of inspector-cum-facilitators and their powers 123 maintenance of records, registers, returns, etc 124 employer not to reduce wages, etc 125 assessment and determination of dues from employer 126 review of orders passed under section 125 127 appeal against order of authorised officer 128 determination of escaped amount 129 interest on amount due 130 power to recover damages 131 recovery of amount due 132 validity of certificate and amendment thereof clauses133 other modes of recovery 134 application of certain provisions of income tax act chapter xii offences and penalties135 punishment for failure to pay contributions, etc 136 enhanced punishment in certain cases after previous conviction 137 offences by companies 138 cognizance of offences 139 prior opportunity before prosecution 140 compounding of offences chapter xiii employment information and monitoring141 reporting of vacancies to career centres 142 exclusions from application of this chapter chapter xiv miscellaneous143 application of aadhaar 144 power to exempt establishment 145 liability in case of transfer of establishment 146 members, officers and staff to be public servants 147 protection of action taken in good faith 148 misuse of benefits 149 power of central government to give directions 150 power to frame schemes 151 protection against attachment, etc 152 power to amend schedule 153 power of appropriate government to make rules 154 power of central government to make rules 155 power of state government to make rules 156 power of corporation to make regulations 157 prior publication of rules, regulations, etc 158 rules to give effect to arrangements with other countries for the transfer of moneypaid as compensation159 laying of rules, regulations and schemes, etc 160 effect of laws and agreements inconsistent with this code 161 delegation of powers 162 power to remove difficulties 163 repeal and savingsthe first schedule the second schedule the third schedule the fourth schedule the fifth schedule the sixth schedulebill no 375 of 2019 the code on social security, 2019 a billto amend and consolidate the laws relating to social security of the employees and the matters connected therewith or incidental thereto be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the code on social security, 20195(2) it extends to the whole of indiashort title, extent, commencement and application(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 code and any reference in any such provision to the commencement of this code shall be construed as a reference to the coming into force of that provision(4) the applicability of the chapters specified in columns (1) and (2) of the first schedule shall, without prejudice to the applicability of the other provisions of this code, be such as is specified in corresponding entry in column (3) of that schedule5(5) notwithstanding anything contained in sub-section (4), where it appears to the central provident fund commissioner whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of chapter iii should be made applicable to that establishment, the central provident fund commissioner, may, by notification, apply the provisions of the said chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement10 15(6) notwithstanding anything contained in sub-section (4), where it appears to the director general of the corporation, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of chapter iv should be made applicable to that establishment, the director general of the corporation, may, by notification, apply the provisions of the said chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement20(7) notwithstanding anything contained in sub-section (4), an establishment to which any chapter applies at the first instance shall continue to be applied thereafter even if the number of employees therein at any subsequent time falls below the threshold specified in the first schedule in respect of that chapterdefinitions2 in this code, unless the context otherwise requires,— (1) "agent" when used in relation to an establishment, means every person, whether appointed as such or not, who acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of such establishment or part thereof;25(2) "aggregator" means a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider;(3) "appropriate government" means—30 35(a) in relation to, an establishment carried on by or under the authority of the central government or the establishment of railways, mines, oil field, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a central act or a central public sector undertaking or subsidiary companies set up by central public sector undertakings or autonomous bodies owned or controlled by the central government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies or in relation to an establishment having departments or branches in more than one state, as the case may be, the central government; and(b) in relation to any other establishment, the state government;40(4)"audio-visual production" means audio-visual produced wholly or partly in india including animation, cartoon depiction and audio-visual advertisement including digital production or any of the activities in respect of making thereof;(5) "authorised officer" means such officer of the central board, or as the case may be, of the corporation notified by the central government;45(6) "building or other construction work" means the construction, alteration, repair, maintenance or demolition in relation to buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, internet5towers, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqua-ducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the central government, by notification, but does not include any building or other construction work of any factory or mine or any building or other construction work employing less than ten workers or any building or other construction work related to own residential property not employing the workers more than such number as may be notified by the central government from time to time;10(7) "building worker" means a person who is employed to do any skilled, semi-skilled or unskilled, manual, technical or clerical work for hire or reward, whether the terms of such employment are express or implied, in connection with any building or other construction work, but does not include any such person who is employed mainly in a managerial or supervisory or administrative capacity;15(8) "career centre" means any office (including employment exchange, place or portal)established and maintained in the manner prescribed by the central government for providing such career services (including collection and furnishing of information, either by the keeping of registers or otherwise, manually, digitally, virtually or through any other mode) as may be prescribed by the central government, which may, inter alia, relate generally or specifically to—20(i) persons who seek to employ employees; (ii) persons who seek employment; (iii) occurrence of vacancies; and (iv) persons who seek vocational guidance and career counseling or guidanceto start self-employment;25(9) "central board" means the board of trustees of the employees' provident fundconstituted under section 4;(10) "central provident fund commissioner" means the central provident fund commissioner of the central board appointed under sub-section (1) of 14;(11) "child", for the purposes of chapter vi, includes a stillborn child;30(12) "commissioning mother" means a biological mother who uses her egg to createan embryo implanted in any other woman;(13) "company" means a company as defined in clause (20) of section 2 of the companies act, 2013;18 of 2013(14) "compensation" means compensation as provided under chapter vii;35(15) "competent authority" means any authority notified by the appropriategovernment as competent authority for the purposes of chapters v, vi and vii and the provisions of this code relating to those chapters;(16) "completed year of service" means continuous service for twelve months;40(17) "confinement" means labour resulting in the issue of a living child, or labour aftertwenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead;45(18) "contract labour" means a worker who shall be deemed to be employed in or inconnection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the employer and includes inter-state migrant worker but does not include an employee (other than part time employee) who is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis), and gets periodical increment in the pay, socialsecurity coverage and other welfare benefits in accordance with the law for the time being in force in such employment;(19) "contractor", in relation to an establishment means a person, who—5(i) undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment through contract labour; or(ii) supplies contract labour for any work of the establishment as mere human resource and includes a sub-contractor;10(20) "contribution" means the sum of money payable by the employer, under this code, to the central board and to the corporation, as the case may be,and includes any amount payable by or on behalf of the employee in accordance with the provisions of this code;15(21) "contribution period" in relation to an employee, means the period not exceeding one calendar month in respect of which wages are ordinarily payable to him whether in terms of the contract of employment, express or implied or otherwise;(22) "corporation" means the employees' state insurance corporation constituted under section 5;(23) "delivery" means the birth of a child; (24) "dependant" means any of the following relatives of deceased employee, namely:—20(a) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter or a widowed mother;25(b) if wholly dependant on the earnings of the employee at the time of his death, a son or a daughter who has attained the age of eighteen years and who is infirm; except for the purposes of chapter iv wherein the word "eighteen" occurring in this sub-clause shall be deemed to have been substituted by the word "twenty-five";(c) if wholly or in part dependant on the earnings of the employee at the time of his death,—(i) a widower; (ii) a parent other than a widowed mother;30(iii) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor;35(iv) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor;(v) a minor brother or an unmarried sister or a widowed sister if a minor; (vi) a widowed daughter-in-law; (vii) a minor child of a pre-deceased son; (viii) a minor child of a pre-deceased daughter where no parent of the child is alive, or;(ix) a grandparent if no parent of the employee is aliveexplanation—for the purposes of sub-clause (b) and items (vii) and (viii) of sub-clause (c), references to a son, daughter or child include an adopted son, daughter or child respectively;(25) "dock work" means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes—5(i) work in connection with the preparation of ships or other vessels for receiptor discharge of cargoes or leaving port;(ii) all repairing and maintenance processes connected with any hold, tankstructure or lifting machinery or any other storage area on board the ship or in the docks; and10(iii) chipping, painting or cleaning of any hold, tank, structure or lifting machineryor any other storage area in board the ship or in the docks;52 of 196115(26) "employee" meansany person (other than an apprentice engaged under the apprentices act, 1961) employed on wages by an establishment to do any skilled, semiskilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate government, but does not include any member of the armed forces of the union:20provided that for the purposes for chapter iii and chapter iv, the term "employee"shall mean only such employee drawing wages less than or equal to the wage ceiling notified by the central government, respectively, for said chapters and such other persons or class of persons as the central government may, by notification specify to be employee for the purposes of either of such chapters, or both:25provided further that for the purposes of chapter vii, the term "employee" shall mean only such persons as specified in the second schedule and such other persons or class of persons as the central government, or as the case may be, the state government may add to the said schedule, by notification, for the purposes of that government;30(27) "employer" means a person who employs, whether directly or through any person, or on his behalf, or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any department of the central government or the state government, the authority specified, by the head of such department, in this behalf or where no authority is so specified, the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,—(a) in relation to an establishment which is a factory, the occupier of the factory;35(b) in relation to mine, the owner of the mine or agent or manager having requisitequalification under the law for the time being in force and appointed by the owner or agent of the mine as such;(c) in relation to any other establishment, the person who, or the authoritywhich has ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager or managing director, such manager or managing director;40(d) contractor; and (e) legal representative of a deceased employer;45(28) "employment injury" means a personal injury to an employee, caused by accident or an occupational disease, as the case may be, arising out of, and in the course of his employment, being an insurable employment only for the purposes of chapter iv, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of india;(29) "establishment" means—(a) a place where any industry, trade, business, manufacture or occupation is carried on; or(b) a factory, motor transport undertaking, newspaper establishment, audiovisual production, building and other construction work or plantation;5(c) a mine or dock work;(30) "executive officer" means such officer of the appropriate government as may be notified by that government for the purposes of chapter xiii or an officer authorised in writing by such executive officer to discharge his duties under that chapter;10(31) "exempted employee" for the purpose of chapter iii, means an employee to whom any of the schemes, referred to in section 15, but for the exemption granted under this code, would have applied;(32) "factory" means any premises including the precincts thereof—15(a) whereon ten or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or(b) whereon twenty or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,20but does not include a mine, or a mobile unit belonging to the armed forces of the union, railways running shed or a hotel, restaurant or eating placeexplanation i—for computing the number of employees for the purposes of this clause, all the employees in (different groups and relays) a day shall be taken into account;25explanation ii—for the purposes of this clause, the mere fact that an electronic data processing unit or a computer unit is installed in any premises or part thereof, shall not be construed as factory if no manufacturing process is being carried on in such premises or part thereof;(33)"family " means all or any of the following relatives of an employee or an unorganised worker, as the case may be, namely:—30(a) a spouse ; (b) a minor legitimate or adopted child dependent upon the employee or an unorganised worker, as the case may be;(c) a child who is wholly dependent on the earnings of the employee or an unorganised worker, as the case may be, and who is—35(i) receiving education, till he attains the age of twenty-one years; and (ii) an unmarried daughter;(d) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the employee or an unorganised worker, as the case may be, so long as the infirmity continues;40(e) dependant parents (including father-in-law and mother-in-law of a woman employee), whose income from all sources does not exceed such income as may be prescribed by the central government;45(f) in case the employee or an unorganised worker, as the case may be, is unmarried and his parents are not alive, a minor brother or sister wholly dependent upon the earnings of the insured person;(34) "fixed term employment" means the engagement of an employee on the basis of a written contract of employment for a fixed period:provided that—5(a) his hours of work, wages, allowances and other benefits shall not be lessthan that of a permanent employee doing the same work or work of a similar nature; and(b) he shall be eligible for all benefits under law available to a permanent employeeproportionately according to the period of service rendered by him even if his period of employment does not extend to the required qualifying period of employment;10(35) "gig worker" means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship;15(36) "home-based worker" means a person engaged in the production of goods or services for an employer in his home or other premises of his choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment , materials or other inputs;(37) "inspector-cum-facilitator" means an inspector-cum-facilitator appointed under section 122;(38) "inter-state migrant worker" means any person who is recruited by—20(i) an employer in one state for employment in his establishment situated inanother state; or(ii) through a contractor in one state for employment in an establishment inanother state,25under an agreement or other arrangement for such employment and draws wages not exceeding the amount notified by the central government from time to time;(39) "major port" has the meaning assigned to it in clause (8) of section 3 of the indian ports act, 1908;15 of 1908(40) "manufacturing process" means any process for—30(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing,cleaning, breaking up, demolishing, refining, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or(ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or35(iv) composing, offset, printing, printing by letter press, lithography,photogravure screen printing, three or four dimensional printing, prototyping, flexography or other types of printing process or book binding; or(v) constructing, reconstructing, repairing, refitting, finishing or breaking upshipsor vessels; or(vi) preserving or storing any article in cold storage; or40(vii) such other processes as the central government may notify;(41) "medical practitioner" means a person registered under any law for the time being in force, or any person declared by the state government, by notification, to be qualified as medical practitioner for the purposes of this code:provided that different class or classes of medical practitioner having specific qualification may be notified by the central government for the purpose, of chapter iv and by the appropriate government for other chapters of this code;5(42) "medical termination of pregnancy" means the termination of pregnancy permissible under the provisions of the medical termination of pregnancy act, 1971;34 of 1971(43) "mine" has the meaning assigned to it in clause (j) of sub-section (1) of section 2of the mines act, 1952;35 of 1952(44) "minor" means a person who has not attained the age of eighteen years;1045 of 1860(45) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy, but does not include any miscarriage, the causing of which is punishable under the indian penal code;15(46) "motor transport worker" means a person who is employed in a motor transport undertaking directly or through an agency, whether for wages or not, to work in a professional capacity on a transport vehicle or to attend the duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time-keeper, watchman or attendant, but does not include any such person —(i) who is employed in a factory;20(ii) to whom the provisions of any law for the time being in force regulating the conditions of service of persons employed in shops or commercial establishments apply; (47) "notification" means a notification published in the gazette of india or the official gazette of a state, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly;25(48) "occupational disease" means a disease specified in the third schedule as a disease peculiar to the employment of the employee;(49) "occupier" in respect of a factory means the person who has ultimate control over the affairs of the factory:provided that—30(a) in the case of a firm or other association of individuals, any one of the individual partners or members thereof;(b) in the case of a company, any one of the directors, except any independent director within the meaning of sub-section (6) of section 149 of the companies act, 2013;18 of 201335(c) in the case of a factory owned or controlled by the central government orany state government, or any local authority, the person or persons appointed to manage the affairs of the factory by the central government, the state government or the local authority or such other authority as may be prescribed by the central government,shall be deemed to be the occupier:40provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, the owner of the dock shall be deemed to be the occupier for all purposes except the matters as may be prescribed by the central government which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier;(51) "organised sector" means an enterprise which is not an unorganised sector; (52) "permanent partial disablement" means, where the disablement is of a permanent nature such disablement as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement:5provided that every injury specified in part ii of the fourth schedule shall be deemedto result in permanent partial disablement;(53) "permanent total disablement " means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement:10provided that permanent total disablement shall be deemed to result from every injuryspecified in part i of the fourth schedule or from any combination of injuries specified in part ii thereof where the aggregate percentage of the loss of earning capacity, as specified in the said part ii against those injuries, amounts to one hundred per cent;(54) "plantation" means—(a) any land used or intended to be used for—15(i) growing tea, coffee, rubber, cinchona or cardamom which admeasuresfive hectares or more;20(ii) growing any other plant, which admeasures five hectares or more andin which ten or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the central government, the state government, by notification, so directs25explanation—where any piece of land used for growing any plant referred to in this sub-clause admeasures less than five hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-clause, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures five hectares or more;30(b) any land which the state government may, by notification, declare and whichis used or intended to be used for growing any plant referred to in sub-clause (a),notwithstanding that it admeasures less than five hectares:provided that no such declaration shall be made in respect of such land which admeasures less than five hectares immediately before the commencement of this code; and35(c) offices, hospitals, dispensaries, schools and any other premises used forany purpose connected with any plantation within the meaning of sub-clause (a) and sub-clause (b); but does not include factory on the premises;(55) "platform work" means a form of employment in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services in exchange for payment;(56) "platform worker" means a person engaged in or undertaking platform work;4015 of 1908(57) "port" has the meaning assigned to it in clause (4) of section 3 of the indian ports act, 1908;(58) "prescribed" means prescribed by rules made under this code;45(59)"railway" has the meaning assigned to it in clause (31) of section 2 of the railways act, 1989;24 of 1989(60) "railway company" includes any persons whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway;5(61) "recovery officer" means any officer of the central government, stategovernment, central board or the corporation, who may be authorised by the central government or the state government, as the case may be, by notification, to discharge the functions and to exercise the powers of a recovery officer under this code;(62) "regulations" means regulations made by the corporation under this code; (63) "retirement" means termination of the service of an employee otherwise than on superannuation;1011 of 1976(64) "sales promotion employees" means the sales promotion employees as definedin clause (d) of section 2 of the sales promotion employees (conditions of service) act, 1976;(65) "schedule" means a schedule to this code; (66) "seamen" means any person forming part of the crew of any ship, but does not include the master of the ship;15 20(67) " seasonal factory " means a factory which is exclusively engaged in one or moreof the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of ground-nuts, the manufacture of indigo, lac, sugar (including gur) or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year in a manufacturing process as the central government may, by notification, specify;25(68) self-employed worker" means any person who is not employed by an employer,but engages himself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the central government or the state government, as the case may be, from time to time or holds cultivable land subject to such ceiling as may be notified by the state government;(69) "shop", in respect of a state, means a shop as defined in any law for the time being in force dealing with the shop and for the time being in force in that state;30(70) "social security" means the measures of protection afforded to employees toensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner by means of rights enshrined and schemes framed under the code;(71) "social security organisation" means any of the following organisations established under this code, namely:—35(a) the central board of trustees for employees provident fund constituted under section 4;(b) the employees state insurance corporation constituted under section 5; (c) the national social security board for unorganised workers constituted under section 6;40(d) the state unorganised workers' social security board constituted under section 6; and(e) the state building workers' welfare boards constituted under section 7;(72) "state" includes a union territory; (73) "state government" includes—45(a) in relation to a union territory with legislature, the government of the union territory; and(b) in relation to a union territory without legislature, the administrator appointed under article 239 of the constitution as an administrator thereof;5(74) "superannuation", in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service, as the age on the attainment of which the employee shall vacate the employment;(75) "temporary disablement" means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of doing the work which he was doing prior to or at the time of the injury;1014 of 1947(76) "tribunal" means the industrial tribunal constituted by the appropriate government under section 7a of the industrial disputes act, 1947;(77) "unorganised sector" means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten;15(78) ''unorganised worker" means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by the industrial disputes act, 1947 or chapters iii to vii of this code;14 of 194720(79) "vacancy", for the purposes of chapter xiii, means an unoccupied post (including newly created post, post of trainee, post filled through apprentice or any unoccupied post created in an establishment by any other means) in a cadre or occupation for the purpose of employing a person in it and carrying remuneration;25(80) "wages" means all remuneration, whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,—(a) basic pay; (b) dearness allowance; and (c) retaining allowance, if any,30but does not include—(a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment;(b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate government;35(c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;(d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment;40(f ) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or tribunal;(h) any overtime allowance; (i) any commission payable to the employee;45( j) any gratuity payable on the termination of employment; (k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment:5provided that for calculating the wages under this clause, if payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one half, or such other per cent as may be notified by the central government, of the all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:10provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages the emoluments specified in sub-clauses (d), (f), (g) and (h) shall be taken for computation of wage15explanation—where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent of the total wages payable to him, shall be deemed to form part of the wages of such employee;(81) "wage ceiling" means such amount of wages or income as may be notified by the central government, from time to time for the purposes of this code;20(82) "wage worker" means a person employed for remuneration in the unorganised sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the central government and state government, as the case may be;25(83) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment3 every establishment to which this code applies shall be registered within such time and in such manner as may be prescribed by the central government:registration of establishment30provided that the establishment which is already registered under any other labour law for the time being in force shall not be required to obtain registration again under this code and such registration shall be deemed to be registration for the purposes of this code chapter ii social security organisations35constitution of central board of trustees4 (1) the central government may, by notification, constitute, with effect from suchdate as may be specified therein, a board of trustees for the purposes of chapter iii and the provisions of this code relating to that chapter, for the territories to which this chapter extends for the administration of the funds vested in it in such manner as may be prescribed by the central government, consisting of the following members, namely:—40(a) a chairperson and a vice-chairperson to be appointed by the centralgovernment;(b) not more than five persons appointed by the central government fromamongst its officials;(c) not more than fifteen persons representing governments of such states as the central government may specify in this behalf, to be appointed by the central government;45(d) ten persons representing employers of the establishments to which the scheme referred to in sub-section (1) of section 15 applies, to be appointed by the central government after consultation with such organisations of employers as may be recognised by the central government in this behalf;5(e) ten persons representing employees in the establishments to which schemeframed under chapter iii applies, who shall be appointed by the central government after consultation with such organisations of employees as may be recognised by the central government in this behalf; and( f ) the central provident fund commissioner, ex-officio(2) the central board shall be a body corporate, having perpetual succession and a common seal and shall by the said name sue and be sued10(3) the central government may, by notification, constitute, with effect from such date as may be specified therein, an executive committee from amongst the members of the central board to assist the central board in performance of its functions in such manner as may be prescribed by the central government15(4) the central board may, by order, constitute one or more committees of such composition as may be specified in the order to assist it in the discharge of its functions(5) the terms and conditions, including tenure of office, subject to which a member of the central board and executive committee shall discharge their respective duties may be such as may be prescribed by the central government:20provided that a member of the central board shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed(6) the central board, apart from the functions specified in this code, shall also perform such other functions in such manner as may be prescribed by the central government25constitution of employees' state insurance corporation5 (1) the central government may, by notification, constitute with effect from such date as may be specified therein, a corporation for the purposes of chapter iv and the provisions of this code relating to that chapter, for the administration of scheme of employees state insurance (hereinafter referred to as employees' state insurance scheme) in such manner as may be prescribed by the central government, consisting of the following members, namely:—(a) a chairperson to be appointed by the central government;30(b) a vice-chairperson to be appointed by the central government; (c) not more than five persons to be appointed by the central government fromamongst its officials;(d) one person representing each of such states in such manner, as may beprescribed by the central government;35(e) one person to be appointed by the central government to represent theunion territories;(f) ten persons representing employers to be appointed by the centralgovernment in consultation with such organisations of employers as may be recognised for the purpose by the central government;40(g) ten persons representing employees to be appointed by the centralgovernment in consultation with such organisations of employees as may be recognised for the purpose by the central government;45(h) two persons representing the medical profession to be appointed by thecentral government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the central government;(i) three members of parliament of whom two shall be members of the house of the people (lok sabha) and one shall be a member of the council of states (rajya sabha) elected respectively by the members of the house of the people and the members of the council of states; and( j) the director general of the corporation, ex officio5(2)the corporation shall be a body corporate, having perpetual succession and a common seal and shall by the said name sue and be sued(3) the central government may, by notification, constitute, with effect from such date as may be specified therein, a standing committee from amongst the members of the corporation in such manner, as may be prescribed by the central government10(4) subject to the general superintendence and control of the corporation, the standing committee—(a) shall administer the affairs of the corporation and may exercise any of the powers and perform any of the functions of the corporation in such manner as may be prescribed by the central government;15(b) shall submit for the consideration and decision of the corporation all such cases and matters as may be specified in the regulations made in this behalf; and(c) may, in its discretion, submit any other case or matter for the decision of the corporation20(5) the central government may, by notification, constitute, with effect from such date as may be specified therein, a medical benefit committee of such composition as may be prescribed by it, to assist the corporation in performance of its functions relating to administration of medical benefits(6) the corporation may, by order, constitute one or more committees of such composition as may be specified in the regulations to assist it in the discharge of its functions25(7)the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties may be such as may be prescribed by the central government:provided that a member of the corporation shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed30national social security boards6 (1) the central government shall, by notification, constitute a national social security board for unorganised workers (hereinafter referred to as national social security board) to exercise the powers conferred on, and to perform the functions assigned to it under this code, in such manner as may be prescribed by the central government(2) the national social security board shall consist of the following members, namely:—(a) union minister for labour and employment as chairperson;35(b) secretary, ministry of labour and employment as vice-chairperson;(c) thirty-five members to be nominated by the central government, out of whom—(i) seven members representing unorganised sector workers; (ii) seven members representing employers of unorganised sector;40(iii) seven members representing eminent persons from civil society; (iv) two members representing the lok sabha and one from the rajya sabha;(v) five members representing central government ministries and departments concerned;(vi) five members representing state governments; and(vii) one member representing the union territories;(d) director general labour welfare—member secretary, ex officio5(3) the chairperson and other members of the national social security board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration10(4) the number of persons to be nominated as members from each of the categories specified in clause (c) of sub-section (2), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the national social security board shall be such as may be prescribed by the central government:provided that adequate representation shall be given to persons belonging to the scheduled castes, the scheduled tribes, the minorities and women(5) the term of the national social security board shall be three years15(6) the national social security board shall meet at least thrice a year, at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed(7) the national social security board shall perform the following functions, namely:—(a) recommend to the central government suitable schemes for different sections of unorganised workers;20(b) advise the central government on such matters arising out of theadministration of this code as may be referred to it;(c) monitor such social welfare schemes for unorganised workers as areadministered by the central government;(d) review the record keeping functions performed at the state level;25(e) review the expenditure from the funds under various schemes; and (f) undertake such other functions as are assigned to it by the central governmentfrom time to time30(8) the central government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the central government upon such matters arising out of the administration of this code relating to unorganised workers and such other matters as the central government may refer to it for advice35(9) every state government shall, by notification, constitute a state board to be known as (name of the state) unorganised workers' social security board (hereinafter referred to as the state unorganised workers' board) to exercise the powers conferred on, and to perform the functions assigned to it under this code, in such manner as may be prescribed by the state government(10) every state unorganised workers' board shall consist of the following members, namely:—40(a) minister of labour and employment of the concerned state-chairperson, ex officio;(b) principal secretary or secretary (labour) as vice-chairperson; (c) twenty-eight members to be nominated by the state government, out of whom—(i) seven representing the unorganised workers;45(ii) seven representing employers of unorganised workers; (iii) two members representing the legislative assembly of the concerned state;(iv) five members representing eminent persons from civil society;5(v) seven members representing state government departments concerned; and (d) member secretary as notified by the state government(11) the chairperson and other members of the state unorganised workers' board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration10(12) the number of persons to be nominated as members from each of the categories specified in clause (c) of sub-section (10), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the state unorganised workers' board shall be such as may be prescribed by the state government:15provided that adequate representation shall be given to persons belonging to the scheduled castes, the scheduled tribes, the minorities and women(13) the term of the state unorganised workers' board shall be three years20(14) the state unorganised workers' board shall meet at least once in a quarter at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the state government(15) the state board shall perform the following functions, namely:—(a) recommend the state government in formulating suitable schemes for different sections of the unorganised sector workers;25(b) advise the state government on such matters arising out of the administration of this code as may be referred to it;(c) monitor such social welfare schemes for unorganised workers as are administered by the state government;(d) review the record keeping functions performed at the district level;30(e) review the progress of registration and issue of cards to unorganised sector workers;( f ) review the expenditure from the funds under various schemes; and(g) undertake such other functions as are assigned to it by the state government from time to time35(16) the state government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the state government upon such matters arising out of the administration of this code relating to unorganised workers and such other matters as the state government may refer to it for advice40constitution of state building workers welfare boards7 (1) every state government shall, with effect from such date as it may, by notification, appoint, constitute a board to be known as the(name of the state) building and other construction workers' welfare board (hereinafter referred to as building workers' welfare board) to exercise the powers conferred on, and perform the functions assigned to, it under this chapter(2) the building workers' welfare board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued(3) the building workers' welfare board shall consist of a chairperson to be nominated by the state government, one member to be nominated by the central government and such number of other members, not exceeding fifteen, as may be appointed to it by the state government:5provided that the building workers' welfare board shall include an equal number ofmembers representing the state government, the employers and the building workers and that at least one member of the board shall be a woman10(4) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the building workers' welfare board, and the manner of filling of casual vacancies of the members of the building workers' welfare board, shall be such as may be prescribed by the state government(5) (a) the building workers' welfare board shall appoint a secretary and such officers and employees as it considers necessary for the efficient discharge of its functions of the building workers' welfare board under this code15(b) the secretary of the building workers' welfare board shall be its chiefexecutive officer(c) the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the building workers' welfare board shall be such as may be prescribed by the state government20(6) the building workers' welfare board shall perform the following functions, namely:—(a) provide death and disability benefits to a beneficiary or his dependants; (b) make payment of pension to the beneficiaries who have completed the age ofsixty years;25(c) pay such amount in connection with premium for group insurance schemeof the beneficiaries as may be prescribed by the appropriate government;(d) frame educational schemes for the benefit of children of the beneficiaries asmay be prescribed by the appropriate government;(e) meet such medical expenses for treatment of major ailments of a beneficiaryor, such dependant, as may be prescribed by the appropriate government;30( f ) make payment of maternity benefit to the beneficiaries; (g) frame skill development and awareness schemes for the beneficiaries; (h) provide transit accommodation or hostel facility to the beneficiaries; (i) formulation of any other welfare scheme for the building worker beneficiariesby state government in concurrence with the central government; and35( j) make provision and improvement of such other welfare measures and facilitiesas may be prescribed by the central government40(7) the state government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the state government upon such matters arising out of the administration of this code relating to building workers and such other matters as the state government may refer to it for advice8 (1) no person shall be chosen as, or continue to be, a member of a social security organisation, or any committee thereof who,—(a) is or at any time has been adjudged an insolvent; or (b) is found to be a lunatic or becomes of unsound mind; or45disqualification and removal of a member of any social security organisation(c) is or has been convicted of any offence involving moral turpitude; or (d) is an employer in an establishment and has defaulted in the payment of any dues under this code;5(e) is a member of a social security organisation being a member of the parliament or a member of a state legislative assembly, when he ceases to be such member of the parliament or state legislative assembly, as the case may be; or( f ) is a member of social security organisation being a member of the parliament or a member of a state legislative assembly, and he becomes a—(i) minister of central or state government; or10(ii) speaker or deputy speaker of house of the people or a state legislative assembly; or(iii) deputy chairman of the council of states15explanation 1—if any question arises whether any person is disqualified under clause (d), it shall be referred to the appropriate government and the decision of the appropriate government on any such question shall be finalexplanation 2—clause (f) shall not apply in case of persons who are members of the social security organisation ex officio, by virtue of being a minister20(2) the central government, in case of the central board, the corporation and the national social security board and the state government in case of the state unorganised workers' board and the building workers' welfare board, may remove any member of such social security organisation from his office, who,—(a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or25(b) is absent without leave of the social security organisation of which he is a member for more than three consecutive meetings of the social security organisation or a committee thereof;30(c) in the opinion of such government, has so abused the position of his office as to render that member's continuation in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such member in the opinion of such government: provided that, no person shall be removed under clauses (b) and (c), unless that person has been given an opportunity to show cause as to why he should not be removed:35provided further that a member of the executive committee of the central board or the standing committee of the corporation shall cease to hold office if he ceases to be a member of the central board or the corporation, as the case may be(3) any member of a social security organisation or a committee thereof may at any time resign from his office in writing under his hand addressed to the central government or the state government, as the case may be, which had made his appointment and on acceptance of such resignation, his office shall become vacant40(4) if in a social security organisation or a committee thereof, the central government or the state government, as the case may be, is of the opinion that—(a) any member thereof representing employers or the employees or the unorganised workers, as the case may be, ceases to adequately represent so; or45(b) any member thereof representing to be an expert in a specified area, is later on found not to possess sufficient expertise in that area; or(c) having regard to exigencies of circumstances or services in such government, the member thereof representing such government cannot continue to represent the government; then, such government may, by order, remove such member from his office:5provided that no person shall be removed under clause (a) or clause (b), unlessthat person has been given an opportunity to show cause as to why he should not be removed10 15(5) if any member of a social security organisation or a committee thereof, 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 of the social security organisation or a committee thereof, then, he shall, as soon as may be possible after such fact of interest has come to his knowledge, disclose the nature of the interest and such disclosure shall be recorded in the proceedings of the social security organisation or the committee thereof, as the case may be, and such member, thereafter, shall not take part in any proceeding or decision of the social security organisation, or a committee thereof relating to that matter9 (1) a social security organisation or any committee thereof shall meet at such intervals and observe such procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed by the central government20procedure for transaction of business of social security organisation, etc(2) all orders and decisions of the social security organisation shall be authenticated by the signature of the central provident fund commissioner, director general, director general labour welfare, state principal secretary or secretary (labour) of the respective social security organisations or such other member as may be prescribed by the appropriate government and all other instruments issued by the social security organisation shall be authenticated by the signature of such officer or member so prescribed25(3) no act done or proceeding taken by a social security organisation or any committee thereof shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the social security organisation or the committee thereof, as the case may be30(4) such members of a social security organisation or any committee thereof shall be entitled for such fee and allowances as may be prescribed by the central government10 the central provident fund commissioner and the director general shall be the whole-time officer of the central board or the corporation, as the case may be, and shall not undertake any work unconnected with his office without the prior approval of the central governmentexecutive heads of central board and corporation35 40 4511 (1) if the central government in case of the central board, the corporation or thenational social security board and the state government, in case of the state unorganised workers' board or the building workers' welfare board is of the opinion that the corporation or the central board of trustees or the national social security board or the state unorganised workers board or the building workers' welfare board or any of the committee thereof, asthe case may be, is unable to perform its functions, or, has persistently made delay in the discharge of its functions or has exceeded or abused its powers or jurisdiction, then such government may, by notification, supersede the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board, or any of the committees thereof, as the case may be, and reconstitute it in such manner as may be prescribed by the central government:supersession of corporation, central board of trustees, unorganised workers national social security board or state unorganised workers social security board50provided that, before issuing a notification under this sub-section on any of thegrounds specified herein, such government shall give an opportunity to the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board or any committee thereof, as the case may be, to show cause as to why it should not be superseded and shall consider the explanations and objections raised by it and take appropriate action thereon5(2) after the supersession of the corporation, or the central board or the national social security board, the state unorganised workers board or the building workers' welfare board, or any of the committee thereof, as the case may be, and until it is reconstituted, the central government or the state government, as the case may be, shall make such alternate arrangements for the purpose of administration of the relevant provisions of this code, as may be prescribed by the central government10(3) the central government or the state government shall cause, a full report of any action taken by it under this section and the circumstances leading to such action, to be laid before each house of parliament or the state legislature, as the case may be, at the earliest opportunity and in any case not later than three months from the date of the notification of supersession issued under sub-section (1)12 the central government may, by notification,—state board, regional boards, local committees, etc15(i) and after consultation with the government of any state, constitute for that state, a board of trustees (hereinafter in this code referred to as a state board) which shall exercise such powers and perform such functions as may be assigned by notification, to it by the central government from time to time;(ii) specify the manner of constitution of a state board, the terms and conditions of the appointment of its members and the procedure of its meeting and other proceedings relating thereto; and20(iii) after consultation with the corporation, appoint regional boards and local committees in such area and in such manner to perform such functions and to exercise such powers as may be specified in the notification 13 notwithstanding anything contained in this code, the central government may, by notification,—25entrustment of additional functions to social security organisations(i) assign additional functions to a social security organisation including administration of any other act or scheme relating to social security subject to such provisions as may be specified in this behalf in the notification:30provided that while the additional function of administering the act or scheme are assigned under this clause to a social security organisation, then, the officer or authority of such organisation, to whom such function has been assigned, shall exercise the powers under the enactment or scheme required for discharging such function in the manner as may be specified in the notification:35provided further that the social security organisations may assign such additional functions to existing officers or appoint or engage new officers necessary for such purpose, if such functions may not be performed and completed with the assistance of its personnel as existing immediately before the assignment of the additional functions;(ii) specify the terms and conditions of discharging the functions under clause (i) by the social security organisation;40(iii) provide that the expenditure incurred in discharging the functions specified in clause(i) including appointment or engagement of personnel necessary for proper discharge of such functions shall be borne by the central government;(iv) specify the powers which the social security organisation shall exercise while discharging the functions specified in clause (i); and45(iv) provide that any expenditure referred to in clause (iii) shall be made by the social security organisation after prior approval of the central government chapter iii employees provident fund514 (1) the central government may appoint a central provident fund commissioner of the central board who shall be subject to the general control and superintendence of that boardappointment of officers of central board(2) the central government shall also appoint a financial advisor and chief accounts officer to assist the central provident fund commissioner in the discharge of his duties10(3) the central board may appoint, subject to the maximum scale of pay, as may bespecified in the scheme, as many additional central provident fund commissioners, deputy provident fund commissioners, regional provident fund commissioners, assistant provident fund commissioners and such other officers and employees as it may consider necessary for the efficient administration of the provident fund scheme, the pension scheme and the insurance scheme, respectively, referred to in section 15 or other responsibilities assigned to the central board from time to time by the central government15(4) no appointment to the post of the central provident fund commissioner or anadditional central provident fund commissioner or a financial adviser and chief accounts officer or any other post under the central board carrying a scale of pay equivalent to the scale of pay of any group 'a' or group 'b' post under the central government shall be made except after consultation with the union public service commission:20provided that no such consultation shall be necessary in regard to any suchappointment—(a) for a period not exceeding one year; or (b) if the person to be appointed is at the time of his appointment—(i) a member of the indian administrative service, or25(ii) in the service of the central government or the central board in agroup 'a' or group 'b' post30(5) the method of recruitment, salary and allowances, discipline and other conditions ofservice of the central provident fund commissioner and the financial adviser and chief accounts officer shall be such as may be specified by the central government and such salary and allowances shall be paid out of the fund referred to in clause (a) of sub-clause (1) of section 1635(6) (a)the method of recruitment, salary and allowances, discipline and other conditionsof service of the additional central provident fund commissioners, deputy provident fund commissioners, regional provident fund commissioners, assistant provident fund commissioners and other officers and employees of the central board shall be such as may be specified by the central board in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay:provided that where the central board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government40(b) in determining the corresponding scales of pay of officers and employees underclause (a), the central board shall have regard to the educational qualifications, method ofrecruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the central board shall refer the matter to the central government whose decision thereon shall be final4515 (1) the central government may, by notification:—schemes(a) frame a scheme to be called the employees' provident fund scheme (hereinafterreferred to as the provident fund scheme) for which the provident funds shall beestablished under this chapter for employees or for any class of employees and specify the establishments or class of establishments to which the said scheme shall apply;(b) frame a scheme to be called the employees' pension scheme (hereinafter referred to as the pension scheme) for the purpose of providing for—5(i) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this chapter applies; and(ii) widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees;10(c) frame a scheme to be called the employees' deposit linked insurance scheme(hereinafter referred to as insurance scheme) for the purpose of providing life insurance benefits to the employees of any establishment or class of establishments to which this chapter applies; and15(d) modify any scheme referred to in clauses (a), (b) and (c) by adding thereto, amending or varying therein, either prospectively or retrospectively (2) subject to the provisions of this chapter, the schemes referred to in clauses (a), (b)and (c) of sub-section (1) may provide for all or any of the matters respectively specified in part a, part b and part c of the fifth schedule20(3) the schemes may provide that all or any of its provisions shall take effect either prospectively or retrospectively on and from such date as may be specified in that behalf in the schemefunds16 (1) the central government may, for the purposes of—25 30(a) the provident fund scheme, establish a provident fund where the contribution paid by the employer to the fund shall be ten per cent of the wages for the time being payable to each of the employees (whether employed by him directly or by or through a contactor), and the employee's contribution shall be equal to the contribution payable by the employer in respect of him and may, if any employee so desires, be an amount exceeding ten per cent of the wages, subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section:35provided that in its application to any establishment or class of establishments which the central government, after making such inquiry as it deems fit, may, by notification in the official gazette specify, this section shall be subject to the modification that for the words "ten per cent" at both the places where they occur, the words "twelve per cent" shall be substituted:provided further that the central government, after making such inquiry as it deems fit, may, by notification, specify rates of employees' contributions and the period for which such rates shall apply for any class of employee;40(b) the pension scheme, establish a pension fund (hereinafter referred to as the pension fund) in the manner prescribed by that government into which there shall be paid, from time to time, in respect of every employee who is a member of the pension scheme,—45(i) such sums from the employer's contribution under sub-section (a) not exceeding eight and one- third per cent of the wages or such per cent of wages as may be notified by the central government;(ii) such sums payable as contribution to the pension fund, as may be specified in the pension scheme, by the employers of the exempted establishments under section 144 to which the pension scheme applies;(iii) such sums as the central government after due appropriation by parliament by law in this behalf, specify;5(c) the insurance scheme, establish a deposit- linked insurance fund (hereinafterreferred to as the insurance fund) in the manner prescribed by that government into which shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer, such amount, not being more than one per cent of the wages or such per cent of wages as may be notified by the central government for the time being payable in relation to such employee:10provided that the employer shall pay into the insurance fund such further sums of money, not exceeding one-fourth of the contribution which he is required to make under this clause, as the central government may, from time to time, determine to meet all the expenses in connection with the administration of the insurance scheme other than the expenses towards the cost of any benefits provided by or under the insurance scheme15(2) the provident fund, the pension fund and the insurance fund shall vest in, and be administered by, the central board in such manner as may be specified in the respective schemes20contribution in respect of employees and contractors17 (1) the amount of contribution (that is to say, the employer's contribution as well as the employee's contribution in pursuance of any scheme and the employer's contribution in pursuance of the insurance scheme) and any charge for meeting the cost of administering the fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor25(2) a contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him may recover from such employee the employee's contribution under any scheme by deduction from the wages payable to such employee30(3) notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer's contribution or the charges referred to in sub-section (1) from the wages payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee18 for the purposes of the income-tax act, 1961, the provident fund shall be deemed to be a recognised provident fund within the meaning of clause (38) of section 2 of that act:fund to be recognised under act 43 of 196135provided that nothing contained in the said act shall operate to render ineffective anyprovision of the provident fund scheme (under which the provident fund is established) which is repugnant to any of the provisions of that act or of the rules made thereunder4019 notwithstanding anything contained in any other law for the time being in force, any amount due under this chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of section 53 of the insolvency and bankruptcy code, 201631 of 2016priority of payment of contributions over other debts20 (1) this chapter shall not apply—2 of 1912chapter not to apply to certain establishment(a) to any establishment registered under the co-operative societies act, 1912or under any other law for the time being in force in any state relating to cooperative societies employing less than fifty persons and working without the aid of power; or45| ( ||--------------------------------------------------------------------------------------|| government or a state government and whose employees are entitled to the benefit of || contributory provident fund or old age pension in accordance with any scheme or rule || framed by the central government or the state government governing such benefits; || or |(c) to any other establishment set up under any central or state or any other law for the time being in force and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that law governing such benefits5(2) if the central government is of the opinion that having regard to the financial position of any class of establishment or other circumstances of the case, it is necessary or expedient so to do, it may, by notification and subject to such conditions, as may be specified in the notification, exempt, whether prospectively or retrospectively, that class of establishments from the operation of this chapter for such period as may be specified in the notification10authorising certain employers to maintain provident fund accounts1521 (1) the central government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer by an order in writing, to maintain a provident fund account in relation to the establishment, in such manner as may be prescribed by the central government and subject to such terms and conditions as may be specified in the scheme:provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this code during the three years immediately preceding the date of such authorisation20(2) where an establishment is authorised to maintain a provident fund account under sub-section (1), the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the scheme25(3) any authorisation made under this section may be cancelled by the central government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this code:30provided that before cancelling the authorisation, the central government shall give the employer a reasonable opportunity of being heard22 where an employee,—transfer of accounts(a) employed in an establishment to which this chapter applies, relinquishes his employment therefrom and obtains employment in any other establishment to which this chapter applies or not; or35(b) employed in an establishment to which this chapter does not apply, relinquishes his employment therefrom and obtains employment in an establishment to which this chapter applies,40then, his accumulated amount in provident fund account or pension account, as the case may be, shall be transferred or dealt with in the manner as may be prescribed by the central governmentappeal to tribunal23 (1) any person aggrieved by an order passed by the central government or anyother authority in regard to the following matters may prefer an appeal to the tribunal constituted by the central government, namely:—(a) determination and assessment of dues under section 125;45(b) order of the appellate authority under section 127 in respect of chapter iii;(c) determination of escaped amount under section 128 in respect of chapter iii;and(d) levy of damages under section 130(2) every appeal under sub-section (1) shall be filed in such form and manner, within such time and accompanied by such fees as may be prescribed by the central government chapter iv employees state insurance corporation5principal officers and other staff24 (1) the central government may, in consultation with the corporation, appoint a director general of the corporation and a financial commissioner, who shall be the principal officers of the corporation(2) the director general or the financial commissioner shall hold office for such period, not exceeding five years, as may be specified in the order appointing him:10provided that outgoing director general or financial commissioner shall be eligiblefor reappointment if he is otherwise qualified(3) the director general or the financial commissioner shall receive such salary and allowances as may be prescribed by the central government15(4) a person shall be disqualified from being appointed as or for being the director general of the corporation or the financial commissioner if he is subject to any of the disqualifications specified in section 820(5) the central government may at any time remove the director general of the corporation or the financial commissioner from office and shall do so if such removal is recommended by a resolution of the corporation passed at a special meeting called for the purpose and supported by the votes of not less than two-third of the total strength of the corporation(6) the corporation may employ such other officers and employees as may be necessary for the efficient transaction of its business and for discharge of any other responsibilities assigned to the corporation from time to time by the central government:25provided that the sanction of the central government shall be obtained for the creationof any post the maximum monthly salary of which exceeds such salary as may be prescribed by the central government30(7) (a) the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees of the corporation shall be such as may be specified in the regulations made by the corporation in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay:35provided that where the corporation is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government:provided further that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis40(b) in determining the corresponding scales of pay of the members of the staff under clause (a), the corporation shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the corporation shall refer the matter to the central government whose decision thereon shall be final45(8) every appointment to posts (other than medical, nursing or para-medical posts)corresponding to group a and group b gazetted posts under the central government shall be made in consultation with the union public service commission:provided that the provisions of this sub-section shall not apply to an officiating or temporary appointment for a period not exceeding one year:provided further that any such officiating or temporary appointment shall not confer any claim for regular appointment and the services rendered in that capacity shall not count towards seniority or minimum qualifying service specified in the regulations for promotion to next higher grade5(9) if any question arises whether a post corresponds to a group a and group b post under the central government, the question shall be referred to that government whose decision thereon shall be final10employees' state insurance fund25 (1) all contributions paid under this chapter and all other moneys received on behalf of the corporation shall be paid into a fund (hereinafter referred as the employees' state insurance fund) which shall be held and administered by the corporation for the purposes of this chapter(2) the corporation may accept grants, donations, corporate social responsibility fund and gifts from the central or any state government, local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this chapter15(3) subject to the other provisions contained in this code and to any rules or regulations made in this behalf, all moneys accruing or payable to the said fund shall be deposited in such bank or banks as may be approved by the central government to the credit of an account styled the account of the employees' state insurance fund20(4) the employees state insurance fund or any other money which is held by the corporation shall be deposited or invested in the manner approved by the central government after consultation with the corporation(5) such account shall be operated by such officers as may be authorised by the committee constituted under sub-section (3) of section 5 (hereinafter referred to as the standing committee) with the approval of the corporation2526 subject to the provisions of this chapter and the rules and regulations relating thereto, made under this code, the employees' state insurance fund shall be expended only for the following purposes, namely:—purposes for which employees' state insurance fund may be expanded30(a) payment of benefits and provision of medical treatment and attendance to insured persons referred to in section 28 and, where the medical benefit is extended to their families, the provision of such medical benefit to their families, in accordance with the provisions of this chapter and the rules and regulations relating thereto and defraying the charges and costs in connection therewith;(b) payment of fees and allowances to members of the corporation, the standing committee, the medical benefit committee or other committees thereof;35(c) payment of salaries, leave and joining time allowances, travelling andcompensatory allowances, gratuities and compassionate allowances, pensions, contributions to provident or other benefit fund of officers and staff of the corporation and meeting the expenditure in respect of officers and staff and other services set up for the purpose of giving effect to the provisions of this code relating to this chapter;40(d) establishment and maintenance of hospitals, dispensaries and otherinstitutions and the provision of medical and other ancillary services for the benefit of insured persons referred to in section 28 and, where the medical benefit is extended to their families, their families;45(e) payment of contributions to any state government, local authority or anyprivate body or individual, towards the cost of medical treatment and attendance provided to insured persons referred to in section 28 and, where the medical benefit is extended to their families, their families, including the cost of any building and equipment, in accordance with any agreement entered into by the corporation;( f ) defraying the cost (including all expenses) of auditing the accounts of the corporation and of the valuation of its assets and liabilities;(g) defraying the cost (including all expenses) of the employees' insurance courts set up under this chapter;5(h) payment of any sums under any contract entered into for the purposes ofthis code by corporation or the standing committee or by any officer duly authorised by the corporation or the standing committee in that behalf;10(i) payment of sums under any decree, order or award of any court or tribunalagainst the corporation or any of its officers or staff for any act done in the execution of his duty or under a compromise or settlement of any suit or other legal proceeding or claim instituted or made against the corporation;( j) defraying the cost and other charges of instituting or defending any civil orcriminal proceedings arising out of any action taken under this code relating to this chapter;15(k) defraying expenditure, within the limits prescribed by the central governmentafter consultation with the corporation, on measures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons referred to in section 28 who have been disabled or injured; and20(l) such other purposes as may be authorised by the corporation with theprevious approval of the central governmentholding of property, etc2527 (1) the corporation may, subject to such conditions as may be prescribed by the central government after consultation with the corporation, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the corporation is established(2) subject to such conditions as may be prescribed by the central government and after consultation with the corporation, the corporation may from time to time invest any moneys which are not immediately required for expenses properly defrayable under this code and may, subject to as aforesaid, from time to time re-invest or realise such investments30(3) the corporation may, with the previous sanction of the central government andon such terms as may be prescribed by it, raise loans and take measures for discharging such loans(4) the corporation may constitute for the benefit of its officers and staff or any class of them, such provident or other benefit fund as it may think fit35all employees to be insured28 subject to the provisions of this code, all employees in establishments to whichthis chapter applies shall be insured (hereinafter referred to as insured persons) in such manner whether electronically or otherwise, as may be prescribed by the central governmentcontributions4029 (1) the contribution payable under this chapter in respect of an employee shallcomprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the corporation(2) the contributions (employer's contribution and the employees' contribution both)shall be paid at such rates as may be prescribed by the central government45(3) the wage period in relation to an employee shall be the unit as specified in theregulation (hereinafter referred to as the wage period) in respect of which all contributions shall be payable under this chapter(4) the contributions payable in respect of each wage period shall ordinarily fall due on the last day of the wage period, and where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period the contributions shall fall due on such days as may be prescribed by the central governmentadministrative expenses530 the types of expenses which may be termed as administrative expenses and thepercentage of the income of the corporation which may be spent for such expenses shall be such as may be prescribed by the central government and the corporation shall keep its administrative expenses within the limit so prescribed by the central government31 (1) the employer shall pay in respect of every employee, whether directly employed by him or by or through a contractor, both the employer's contribution and the employee's contributionprovisions as to payment of contributions by employer, etc10(2) notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this code and the rules and regulations, if any, made thereunder in this behalf, the employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by reduction from his wages and not otherwise:15provided that no such deduction shall be made from any wages other than such as relates to the period or part of the period in respect of which the contribution is payable or in excess of the sum representing the employee's contribution for the period20(3) notwithstanding any contract to the contrary, neither the employer nor the contractor shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him(4) any sum deducted by the employer from wages under this chapter shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted25(5) the employer shall bear the expenses of remitting the contributions to the corporation30(6) an employer, who has paid contribution in respect of an employee employed by or through a contractor, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as the employee's contribution, if any,) from the contractor, either by deduction from any amount payable to him by the employer under any contract, or as a debt payable by the contractor(7) the contractor shall maintain a register of employees employed by or through him as provided in the regulations and submit the same to the employer before the settlement of any amount payable under sub-section (6)35(8) in the case referred to in sub-section (6), the contractor shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to such conditions as may be specified in the regulations40(9) subject to the provisions of this code, the corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this chapterbenefits32 (1) subject to the provisions of this code, the insured persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely:—45(a) periodical payments to any insured person in case of his sickness certifiedby a duly appointed medical practitioner or by any other person possessing such qualifications and experience as the corporation may, by regulations, specify in this behalf (hereinafter referred to as sickness benefit);(b) periodical payments to an insured person being a woman in case ofconfinement or miscarriage or sickness arising out of pregnancy, confinement, prematurebirth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);5(c) periodical payments to an insured person suffering from disablement as aresult of an employment injury sustained by him as an employee for the purposes of this chapter and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit);10(d) periodical payments to such dependants of an insured person who dies as aresult of an employment injury sustained by him as an employee for the purposes of this chapter, as are entitled under this chapter (hereinafter referred to as dependants' benefit);(e) medical treatment for and attendance on insured persons (hereinafter referredto as medical benefit); and15(f) payment to the eldest surviving member of the family of an insured personwho has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did not have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased insured person (to be known as funeral expenses):20provided that the amount of payment under this clause shall not exceed such amount as may be prescribed by the central government and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the corporation or any officer or authority authorised by it in this behalf may allow(2) the corporation may, subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an insured person25(3) the qualification of a person to claim sickness benefit, maternity benefit, disablementbenefit and dependant benefit and the conditions subject to which such benefit may be given, the rate and period thereof shall be such as may be prescribed by the central government30(4) subject to the provisions of this code, the corporation may make regulations for any matter relating or incidental to the accrual and payment of benefits payable under this chapter3533 the corporation may, in addition to the benefits specified in this chapter, promote measures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons who have been disabled or injured and may incur in respect of such measures expenditure from the employees' state insurance fund of the corporation within such limits as may be prescribed by the central governmentcorporation's power to promote measures for health, etc, of insured persons34 (1) for the purposes of this chapter, an accident arising in the course of an employee's employment shall be presumed, in the absence of evidence to the contrary, to have arisen out of that employmentpresumption as to accident arising in course of employment40 45(2) an accident happening to an employee in or about any premises at which he is forthe time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property(3) an accident occurring to an employee while commuting from his residence to theplace of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment ifnexus between the circumstances, time and place in which the accident occurred and the employment is established5(4) an accident happening while an employee is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if—(a) the accident would have been deemed so to have arisen had he been under such obligation; and(b) at the time of the accident, the vehicle—10(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and(ii) is not being operated in the ordinary course of public transport serviceexplanation—in this section, "vehicle" includes a vessel and an aircraft1535 an accident shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if—accidents happening while acting in breach of law, etc20(a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and(b) the act is done for the purpose of and in connection with the employer's trade or businessoccupational disease25 3036 (1) if an employee employed in any employment specified in part a of the third schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in part b of that schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in part c of that schedule for such continuous period as the corporation may specify by regulations in respect of each such employment, contracts any disease specified in such part c as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury " arising out of and in the course of employment35(2) save as provided by sub-section (1), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment37 (1) any question—references to medical board(a) whether the relevant accident has resulted in permanent disablement; or40(b) whether the extent of loss of earning capacity can be assessed provisionally or finally; or(c) whether the assessment of the proportion of the loss of earning capacity is provisional or final; or(d) in the case of provisional assessment, as to the period for which such assessment shall hold good,45shall be determined by a medical board constituted in accordance with the provisions of the regulations (hereinafter referred to as medical board) and any such question shall hereafter be referred to as the "disablement question"(2) the case of any insured person for permanent disablement benefit shall be referred by the corporation to a medical board for determination of the disablement question and if, on that or any subsequent reference, the extent of loss of earning capacity of the insured person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment510(3) any decision under this chapter of a medical board may be reviewed at any time by the medical board if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the employee or any other person of a material fact whether the non-disclosure or misrepresentation was or was not fraudulent(4) any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury:15provided that an assessment shall not be reviewed under this sub-section unless themedical board is of the opinion, having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, that substantial injustice will be done by not reviewing it20(5) except with the leave of a medical appeal tribunal constituted by regulations, an assessment shall not be reviewed under sub-section (3) on any application made less than five years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the application25 30(6) subject to the foregoing provisions of this section, a medical board may deal with a case of review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final and the provisions of sub-section (1) shall apply to an application for review under this sub-section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefit under that sub-section and to a decision of the medical board in connection with such case(7) if the insured person or the corporation is aggrieved by any decision of the medical board, the insured person or the corporation, as the case may be, may appeal to the medical appeal tribunal in the manner specified in the regulations or directly to the employees' insurance courts constituted under section 4835dependants' benefit38 (1) if an insured person dies as a result of an employment injury sustained as anemployee under this chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury) dependants' benefit shall be payable to his dependents specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods and subject to such conditions as may be prescribed by the central government40(2) in case the insured person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods and subject to such conditions as may be prescribed by the central government4550(3) any decision awarding dependants' benefit under this chapter may be reviewed atany time by the corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this chapter due to any birth or death or due to the marriage, re-marriage, or infirmity of, or attainment of the age of eighteen years by, a claimant(4) subject to the provisions of this chapter, the corporation may, on such review under sub-section (3), direct that the dependants' benefit be continued, increased, reduced or discontinuedmedical benefit539 (1) an insured person or (where such medical benefit is extended to his family) amember of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit(2) such medical benefit may be given either in the form of out-patient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the insured person or treatment as in-patient in a hospital or other institution10(3) the qualification of an insured person and (where such medical benefit is extendedto his family) his family, to claim medical benefit and the conditions subject to which such benefit may be given, the scale and period thereof shall be such as may be prescribed by the central government in consultation with the corporation:15provided that an insured person who has attained the age of superannuation, a person who retires under a voluntary retirement scheme or takes premature retirement, and his spouse shall be eligible to receive medical benefits subject to payment of contribution and such other conditions as may be specified in the regulations:20provided further that an insured person who ceases to be in insurable employment on account of permanent disablement shall continue, subject to payment of contribution and other conditions as may be prescribed by the central government, to receive medical benefit till the date on which he would have vacated the employment on attaining the age of superannuation had he not attained such permanent disablement25(4) the corporation may establish medical colleges, dental colleges, nursing colleges and training institutes for its officers and staff with a view to improve the quality of services provided under the employees' state insurance scheme(5) the colleges and training institutions referred to in sub-section (4) may be run by the corporation itself or on the request of the corporation by the central government, any state government, any public sector undertaking of the central government or the state government or any other body notified by the central government30explanation—for the purposes of sub-section (5), the expression ''other body''means any such organisation of persons which the central government considers capable to run colleges and training institutions referred to in sub-section (4)3540 (1) the state government shall provide for insured persons and (where such benefit is extended to their families) their families in the state, reasonable medical, surgical and obstetric treatment:provision of medical treatment by state government or by corporationprovided that the state government may, with the approval of the corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed upon40(2) where the incidence of sickness benefit payment to insured persons in any state is found to exceed the all-india average, the amount of such excess shall be shared between the corporation and the state government in such proportion as may be fixed by agreement between them:provided that the corporation may in any case waive the recovery of the whole or any part of the share which is to be borne by the state government45(3) the corporation may enter into an agreement with a state government in regard to the nature and scale of the medical treatment that should be provided to insured persons and (where such medical benefit is extended to the families) their families (including provision of buildings, equipment, medicines, and staff) and for the sharing of the cost thereof and of any excess in the incidence of sickness benefit to insured persons between the corporation and the state government505(4) in default of agreement between the corporation and any state government as aforesaid, the nature and extent of the medical treatment to be provided by the state government and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the corporation and that government, shall be determined by an arbitrator (who shall be or shall have been a judge of the high court of a state appointed by the chief justice of india and the award of the arbitrator shall be binding on the corporation and the state government)10(5) the state government may, in addition to the corporation under this code, with the previous approval of the central government, establish such organisation (by whatever name called) to provide for certain benefits to employees in case of sickness, maternity and employment injury:provided that any reference to the state government in this code relating to this chapter shall also include reference to the organisation as and when such organisation is established by the state government15(6) the organisation referred to in sub-section (5) shall have such structure, discharge functions, exercise powers and undertake such activities as may be prescribed by the state government20(7) the corporation may, with the approval of the central government establish and maintain in a state such hospitals, dispensaries and other medical and surgical services as it may think fit for the benefit of insured persons and (where such medical benefit is extended to their families), their families25(8) the corporation may enter into agreement with any local authority, private body or individual in regard to the provision of medical treatment and attendance for insured persons and (where such medical benefit is extended to their families) their families, in any area and sharing the cost thereof(9) the corporation may also enter into agreement with any local authority, local body or private body for commissioning and running employees' state insurance hospitals through third party participation for providing medical treatment and attendance to insured persons and (where such medical benefit has been extended to their families), to their families30 35(10) notwithstanding anything contained in any other provision of this chapter, thecorporation may, in consultation with the state government, undertake the responsibility for providing medical benefit to insured persons and (where such medical benefit is extended to their families), to the families of such insured persons in the state subject to the condition that the state government shall share the cost of such medical benefit in such proportion as may be agreed upon between the state government and the corporation(11) in the event of the corporation exercising its power under sub-section (10), the provisions relating to medical benefit under this chapter shall apply, so far as may be, as if a reference therein to the state government were a reference to the corporation40(12) notwithstanding anything contained in this code, in respect of establishments located in the states where medical benefit is provided by the corporation, the central government shall be the appropriate government41 (1) save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this chaptergeneral provisions as to benefits45 50(2) save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike(3) a person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement)—(a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this chapter, and shall carry out the instructions given by the medical officer or medical attendant in-charge thereof;(b) shall not while under treatment do anything which might retard or prejudice his chances of recovery;(c) shall not leave the area in which medical treatment provided by this chapter is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and5(d) shall allow himself to be examined by any duly appointed medical officer or other person authorised by the corporation in this behalf (4) an insured person shall not be entitled to receive for the same period—(a) both sickness benefit and maternity benefit; or10(b) both sickness benefit and disablement benefit for temporary disablement; or (c) both maternity benefit and disablement benefit for temporary disablement(5) where a person is entitled to more than one of the benefits mentioned in sub-section (4), he shall be entitled to choose which benefit he shall receive15(6) if a person dies during any period for which he is entitled to a cash benefit under this chapter, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person20(7) (a) any person eligible for availing dependant or disablement benefit under this chapter shall not be entitled to claim employees compensation from his employer under chapter vii(b) any women employee eligible for availing maternity benefit under this chapter shall not be entitled to claim maternity benefit from her employer under chapter vi25(8) where any person has received any benefit or payment under this chapter when he is not lawfully entitled thereto, he shall be liable to repay to the corporation the value of the benefit or the amount of such payment, or in the case of death, his legal representative shall be liable to repay the same from the assets of the deceased devolved on him30(9) the value of any benefits received other than cash payments shall be determined by such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final(10) the amount recoverable under this section may be recovered in the manner specified under sections 131 to 13442 (1) if any employer,—35corporation's rights when an employer fails to register, etc(a) fails or neglects to insure under section 28, an employee at the time of his appointment or within such extended period as may be prescribed by the central government, as a result of which the employee becomes disentitled to any benefit under this chapter; or40(b) insures under section 28, an employee on or after the date of accident which resulted in personal injury to such employee which has the effect of making such employee entitled to receive any dependant benefit or disablement benefit from the corporation; or(c) fails or neglects to pay any contribution which under this chapter he is liable to pay in respect of any employee and by reason thereof such employee becomes disentitled to any benefit or becomes entitled to a benefit on a lower scale,45then, the corporation may, on being satisfied in the manner prescribed by the central government that the benefit is payable to the employee, pay to the employee benefit5at such rate to which he is entitled or would have been entitled if the failure or neglect would not have occurred, and the corporation shall be entitled to recover from the employer, subject to the employer being given an opportunity of being heard, the capitalised value of the benefit paid to the employee, to be calculated in such manner as may be prescribed by the central government: provided that the capitalised value to be calculated may be adjusted for the payment of any contribution and interest or damages that the employer is liable to pay for delay in the payment of or non-payment of such contribution10(2) the amount recoverable under this section may be recovered as if it were an arrear of land revenue or recovered in the manner specified under sections 131 to 13443 (1) where the corporation considers that the incidence of sickness among insured persons is excessive by reason of—15liability of owner or occupier of factories, etc, for excessive sickness benefit(a) insanitary working conditions in a factory or other establishment or the neglect of the owner or occupier of the factory or other establishment to observe any health regulations enjoined on him by or under any enactment for the time being in force, or20(b) insanitary conditions of any tenements or lodgings occupied by insured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactments for the time being in force,25then, the corporation may send to the owner or occupier of the factory or other establishment or to the owner of the tenement or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the corporation as sickness benefit; and if the claim is not settled by agreement, the corporation may refer the matter, with a statement in support of its claim, to the appropriate government (2) if the appropriate government is of the opinion that a prima facie case for inquiry is disclosed, it may appoint a competent person or persons to hold an inquiry into the matter referred under sub-section (1)30 35(3) if upon inquiry under sub-section (2), it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the insured persons is due to the default or neglect of the owner or occupier of the factory or other establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons shall determine the amount of the extra expenditure incurred as sickness benefit, and the person or persons by whom the whole or any part of such amount shall be paid to the corporation(4) a determination under sub-section (3) may be enforced as if it were a decree for payment of money passed in a suit by a civil court40(5) for the purposes of this section, "owner" of tenements or lodging shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the ownerscheme for other beneficiaries4544 notwithstanding anything contained in this chapter, the central government may, in consultation with the corporation, and by notification, frame scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is underutilised on payment of user charges, and prescribe the terms and conditions subject to which the scheme may be operatedexplanation—for the purposes of this section,—(a) "other beneficiaries" means persons other than employees insured under section 28;(b) "underutilised hospital" means any hospital not fully utilised by the employees insured under section 28; and5(c) "user charges" means the amount which is to be charged from other beneficiaries for medical facilities as may be specified in the regulations after prior approval of the central government 45 (1) notwithstanding anything contained in this chapter, the central government may, in consultation with the corporation, and by notification, frame scheme for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under this chapter by the corporationschemes for unorganised workers, gig workers and platform workers10(2) the contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions subject to which the scheme may be operated shall be such as may be prescribed in the scheme1546 the appropriate government may, after consultation with the corporation, by notification and subject to such conditions as may be specified in the notification, exempt any factory or other establishment belonging to any local authority, from the operation of this chapter if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this chapterexemption of factories or other establishments belonging to government or any local authority2031 of 201647 notwithstanding anything contained in any other law for the time being in force, any amount due under this chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of section 53 of the insolvency and bankruptcy code, 2016contributions, etc, due to corporation to have priority over other debts48 (1) the state government shall, by notification, constitute an employees' insurance court for such local area as may be specified in the notificationconstitution of employees' insurance court25(2) the court shall consist of such number of judges as the state government may think fit(3) any person who is or has been a judicial officer or is a legal practitioner of five years' standing shall be qualified to be a judge of the employees' insurance court(4) the state government may appoint the same court for two or more local areas or two or more courts for the same local area30(5) where more than one court has been appointed for the same local area, the state government may by general or special order regulate the distribution of business between them49 (1) if any question or dispute or claim arises as to—35(a) whether any person is an employee within the meaning of this code relating to this chapter or whether he is liable to pay the employee's contribution; or matters to be decided by employees' insurance court(b) the rate of wages or average daily wages of an employee for the purposes of this chapter; or(c) the rate of contribution payable by an employer in respect of any employee under this chapter; or40(d) the person who is or was the employer in respect of any employee for the purposes of this chapter; or(e) the right of any person to any benefit under this chapter and as to the amount and duration thereof; or45( f ) any direction issued by the corporation on a review of any payment of dependants' benefit under this chapter; or5(g) any other matter which is in dispute between an employer and the corporationrelating to this chapter, or between an employer and a contractor relating to this chapter or between a person and the corporation relating to this chapter or between an employee and an employer or contractor relating to this chapter, in respect of any contribution or benefit or other dues payable or recoverable under this code relating to this chapter;(h) claim for the recovery of contributions from the employer under this coderelating to this chapter;10(i) claim under sub-section (8) of section 41 for the recovery of the value oramount of the benefits received by a person when he is not lawfully entitled thereto;( j) claim against an employer under section 42; (k) order of the appellate authority under section 127 in respect of chapter iv; (l) claim by an employer to recover contributions from any contractor under thiscode relating to this chapter; and15(m) any other claim for the recovery of any benefit admissible under this chapter,such matter shall be decided by the employers' insurance court(2) no matter which is in dispute between an employer and the corporation in respect of any contribution or any other dues under this chapter shall be raised by the employer in the employees' insurance court unless he has deposited with the court fifty per cent of the amount due from him as claimed by the corporation:20 provided that the employees' insurance court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section25(3) no civil court shall have jurisdiction to decide or deal with any question or dispute as specified in sub-section (1) or to adjudicate on any liability which by or under this code relating to this chapter is to be decided by a medical board, or by a medical appeal tribunal or by the employees' insurance courtpowers of employees' insurance court3050 (1) the employees' insurance court shall have all the powers of a civil court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such court shall be deemed to be a civil court within the meaning of section 195 and chapter xxvi of the code of criminal procedure, 19732 of 1974(2) the employees' insurance court shall follow such procedure as may be prescribed by the state government35(3) all costs incidental to any proceeding before an employees' insurance court shall, subject to such rules as may be made in this behalf by the state government, be in the discretion of the court(4) an order of the employees' insurance court shall be enforceable as if it were a decree passed in a suit by a civil court4051 (1) the manner of commencement of proceedings before the employees insurancecourt and the time limit of filing, fees and procedure thereof shall be such as may be prescribed by the state governmentproceedings of employees' insurance courts45(2) any application, appearance or act required to be made or done by any person toor before an employees' insurance court (other than appearance of a person required for the purpose of his examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorised in writing by such person or with the permission of the court, by any other person so authorised(3) an employees' insurance court may submit any question of law for the decision of the high court and if it does so shall decide the question pending before it in accordance with such decisionappeal to high court552 (1) save as expressly provided in this section, no appeal shall lie from an order ofan employees' insurance court(2) an appeal shall lie to the high court from an order of an employees' insurance court if it involves a substantial question of law(3) the appeal shall be filed under this section within a period of sixty days from the date of the order made by the employees' insurance court36 of 196310(4) the provisions of sections 5 and 12 of the limitation act, 1963 shall apply to appeals under this section15(5) where the corporation has presented an appeal against an order of the employees'insurance court, that court may, and if so directed by the high court, shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against chapter v gratuitypayment of gratuity53 (1) gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,—20(a) on his superannuation; or (b) on his retirement or resignation; or(c) on his death or disablement due to accident or disease; or(d) on termination of his contract period under fixed term employment; or (e) on happening any such event as may be notified by the central government:25provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement or expiration of fixed term employment or happening of any such event as may be notified by the central government:30provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the competent authorityas may be notified by the appropriate government who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed by the appropriate government, until such minor attains majority35(2) for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages or such number of days as may be notified by the central government, based on the rate of wages last drawn by the employee concerned:40provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account:45provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season:provided also that in the case of an employee employed on fixed term employment or a deceased employee, the employer shall pay gratuity on pro rata basis(3) the amount of gratuity payable to an employee shall not exceed such amount as may be notified by the central government5(4) for the purpose of computing the gratuity payable to an employee who is employed,after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced10(5) nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer(6) notwithstanding anything contained in sub-section (1),—15(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;(b) the gratuity payable to an employee may be wholly or partially forfeited—(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or20(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employmentexplanation 1—for the purposes of this chapter, employee does not include any such person who holds a post under the central government or a state government and is governed by any other act or by any rules providing for payment of gratuity25explanation 2—for the purposes of this section, disablement means such disablementas incapacitates an employee for the work which he was capable of performing before the accident or disease, resulting in such disablementexplanation 3—for the purposes of this section, it is clarified that in the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen3054 for the purposes of this chapter,—continuous service35 (a) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this code;40(b) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (a), for any period of one year or six months, he shall be deemed to be in continuous service under the employer—45(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than—(i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and(ii) two hundred and forty days, in any other case;(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than—5(i) ninety-five days, in the case of an employee employed below theground in a mine or in an establishment which works for less than six days in a week; and(ii) one hundred and twenty days, in any other case10explanation—for the purposes of this clause, the number of days on which an employee has actually worked under an employer shall include the days on which—20 of 1946 14 of 194715(i) he has been laid-off under an agreement or as permitted by standing orders made under the industrial employment (standing orders) act, 1946, or under the industrial disputes act, 1947, or under any other law applicable to the establishment;(ii) he has been on leave with full wages, earned in the previous year;(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and20(iv) in the case of a female, she has been on maternity leave; so,however, that the total period of such maternity leave does not exceed twenty-six weeks;25(c) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (a), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy- five per cent of the number of days on which the establishment was in operation during such periodnomination3055 (1) each employee, who has completed one year of service, shall make, a nominationwithin such time, in such form and in such manner, as may be prescribed by the appropriate government(2) an employee may, in his nomination, distribute the amount of gratuity payable to him under this chapter amongst more than one nominee(3) if an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family shall be void35(4) if at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed by the appropriate government, a fresh nomination in favour of one or more members of his family40(5) a nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written intimation in such form and in such manner as may be prescribed by the appropriate government, of his intention to do so45(6) if a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination, in the form prescribed by the appropriate government, in respect of such interest(7) every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custodydetermination of amount of gratuity56 (1) a person who is eligible for payment of gratuity under this chapter or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed by the appropriate government, for payment of such gratuity5(2) as soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the competent authority specifying the amount of gratuity so determined10(3) the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable15(4) if the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the central government from time to time for repayment of long term deposits:provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the competent authority for the delayed payment on this ground20(5) (a) if there is any dispute as to the amount of gratuity payable to an employee under this chapter or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the competent authority such amount as he admits to be payable by him as gratuity25(b) where there is a dispute with regard to any matter or matters specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the competent authority in the form prescribed by the central government for deciding the dispute30(c) the competent authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the competent authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer(d) the competent authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto35(e) as soon as may be after a deposit is made under clause (a), the competent authority shall pay the amount of the deposit—(i) to the applicant where he is the employee; or40(ii) where the applicant is not the employee, to the nominee or, as the case may be, the guardian of such nominee or heir of the employee if the competent authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity5 of 1908(6) for the purpose of conducting an inquiry under sub-section (5), the competent authority shall have the same powers as are vested in a court, while trying a suit, under the code of civil procedure, 1908, in respect of the following matters, namely:—45(a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses(7) any inquiry under this section shall be a judicial proceeding within the meaning of section 193, section 228, and for the purpose of section 196, of the indian penal code45 of 18605(8) any person aggrieved by an order under sub-section (5) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate government or such other authority as may be specified by the appropriate government in this behalf:provided that the appropriate government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days:10provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the competent authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (5), or deposits with the appellate authority such amount15(9) the appropriate government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify, or reverse the decision of the competent authoritycompulsory insurance2041 of 199957 (1) with effect from such date as may be notified by the appropriate government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government, shall, subject to the provisions of sub-section (2), obtain an insurance in the manner prescribed by the central government, for his liability for payment towards the gratuity under this chapter, from any insurance company regulated by the authority as defined under clause (b) of sub-section (1)of section 2 of the insurance regulatory and development authority act, 1999:25provided that different dates may be appointed for different establishments or class of establishments or for different areas30(2) the appropriate government may, subject to such conditions as may be prescribed by the central government, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed by the central government from the provisions of sub-section (1)35(3) for the purposes of effectively implementing the provisions of this section, every employer shall within such time as may be prescribed by the central government get his establishment registered with the competent authority in the manner prescribed by the central government and no employer shall be registered under the provisions of this section unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2)40(4) the appropriate government may prescribe rules to give effect to the provisions of this section and the rules so prescribed may provide for the composition of the board of trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer with whom an insurance has been taken under sub-section (1), or as the case may be, the board of trustees of the approved gratuity fund45(5) where an employer fails to make any payment by way of premium in respect of the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this chapter (including interest, if any, for delayed payments) forthwith to the competent authorityexplanation—in this section, "approved gratuity fund" shall have the same meaning as assigned to it in sub-section (5) of section 2 of the income-tax act, 196143 of 1961competent authority558 (1)the appropriate government may, by notification, appoint any person having such qualifications and experience as may be prescribed by that government to be a competent authority for implementation of any provision of this chapter for such area as may be specified in the notification(2) where more than one competent authority has been appointed for any area, the appropriate government may, by general or special order, regulate the distribution of business among them10(3) any competent authority may, for the purpose of deciding any matter referred tohim for decision under this chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under reference to assist him in holding the inquiry relating thereto chapter vi15 maternity benefit59 (1) no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancyemployment of, or work by, women prohibited during certain period20(2) no woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy25(3) without prejudice to the provisions of section 62, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do, during the period specified in sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect her health(4) the period referred to in sub-section (3) shall be—(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;30(b) any period during the said period of six weeks for which the pregnant womandoes not avail of leave of absence under section 62right to payment of maternity benefit60 (1) subject to the other provisions of this code, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day3529 of 201940explanation—for the purposes of this sub-section, "the average daily wage" means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, subject to the minimum rate of wage fixed or revised under the code on wages, 2019(2) no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery45explanation—for the purposes of calculating the period under this sub-section, the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages, during the period of twelve months immediately preceding the expected date of her delivery shall be taken into account(3) the maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery:5provided that the maximum period entitled to maternity benefit by a woman having two or more surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:provided further that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:10provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days upto and including the date of the death of the child15explanation—for the purposes of this sub-section, "child" includes a stillborn child(4) a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be20(5) in case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree2561 every woman entitled to the payment of maternity benefit under this chapter, shall, notwithstanding the application of chapter iv to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 32continuance of payment of maternity benefit in certain cases30notice of claim for maternity benefit and payment thereof62 (1) any woman employed in an establishment and entitled to maternity benefit under the provisions of this chapter may give notice in writing in such form as may be prescribed by the central government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this chapter may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit35(2) in the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery(3) any woman who has not given the notice when she was pregnant may give such notice as soon as possible after her delivery(4) on receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit40 45(5) the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed by the central government that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed by the central government that the woman has been delivered of a child(6) the failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this chapter if she is otherwise entitled to such benefit or amount and in any such case an inspector-cum-facilitator may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order5payment of maternity benefit in case of death of a woman63 if a woman entitled to maternity benefit or any other amount under this chapter, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 60, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 62 and in case there is no such nominee, to her legal representativepayment of medical bonus1064 every woman entitled to maternity benefit under this chapter shall also be entitled to receive from her employer a medical bonus of three thousand five hundred rupees or as such amount as may be notified by the central government, if no pre-natal confinement and post-natal care is provided for by the employer free of chargeleave for miscarriage, etc1565 (1) in case of miscarriage, or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed by the central government, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy20(2) in case of tubectomy operation, a woman shall, on production of such proof as may be prescribed by the central government, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation25(3) a woman suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy shall, on production of such proof as may be prescribed by the central government, be entitled, in addition to the period of absence allowed to her under section 62, or, as the case may be, under sub-section (1), to leave with wages at the rate of maternity benefit for a maximum period of one monthnursing breaks66 every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of such duration as may be prescribed by the central government, for nursing the child until the child attains the age of fifteen months30creche facility67 (1) every establishment to which this chapter applies, in which fifty employees or such number of employees as may be prescribed by the central government, are employed shall have the facility of crèche within such distance as may be prescribed by the central government, either separately or along with common facilities:35provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her(2) every establishment to which this chapter applies shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this chapter40dismissal for absence during pregnancy68 (1) when a woman absents herself from work in accordance with the provisions of this chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:45provided that the discharge or dismissal of a woman at any time during her pregnancy,if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:provided further that where the dismissal is for any gross misconduct as may be prescribed by the central government, the employer may, by order in writing, communicated to the woman, deprive her of the maternity benefit or medical bonus, or both5(2) any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, or discharged or dismissed shall be final1069 no deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this chapter shall be made by reason only of—no deduction of wages in certain cases(a) the nature of work assigned to her by virtue of the provisions contained in section 59; or(b) breaks for nursing the child allowed to her under the provisions of section 6615forfeiture of maternity benefit70 a woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefits provided under this chapter shall not be entitled to receive maternity benefit for such periodduties of employer2071 an abstract of the provisions of this chapter and the rules relating thereto in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed72 (1) any woman claiming that,—(a) maternity benefit or any other amount to which she is entitled under this chapter and any person claiming that payment due under this chapter has been improperly withheld;power of inspectorcum- facilitator to direct payments to be made25(b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this chapter, may make a complaint to the inspector-cum-facilitator(2) the inspector-cum-facilitator may, on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that—30(a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his order in writing;(b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this chapter, may pass such orders as he deems just and proper according to the circumstances of the case35(3) any person aggrieved by the order of the inspector-cum-facilitator under sub-section (2) may, within thirty days from the date on which such order is communicated to such person, appeal to the authority prescribed by the appropriate government40(4) the decision of the authority referred to in sub-section (3), where an appeal has been preferred to it under that sub-section or of the inspector-cum-facilitator where no such appeal has been preferred shall be final chapter vii employee's compensation45reports of fatal accidents and serious bodily injuries73 (1) where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injury:provided that where the state government has so specified, the person required to give the notice may instead of sending such report to the competent authority send it to the authority to whom he is required to give the notice5explanation— for the purposes of this sub-section, "serious bodily injury" meansan injury which involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days10(2) the state government may, by notification, extend the provisions of sub-section (1)to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the competent authority(3) nothing in this section shall apply to establishments to which chapter iv, relating to employees' state insurance corporation, applies15employer's liability for compensation74 (1) if personal injury is caused to an employee by accident or an occupationaldisease listed in the third schedule arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter:provided that the employer shall not be so liable—20(a) in respect of any injury which does not result in the total or partial disablementof the employee for a period exceeding three days; and(b) in respect of any injury, not resulting in death or permanent total disablementcaused by an accident which is directly attributable to—25(i) the employee having been at the time thereof under the influence ofdrink or drugs, or(ii) the wilful disobedience of the employee to an order expressly given, orto a rule expressly framed, for the purpose of securing the safety of employees, or30(iii) the wilful removal or disregard by the employee of any safety guardor other device which he knew to have been provided for the purpose of securing the safety of employee35(2) an accident or an occupational disease referred to in sub-section (1) shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident or at the time of contacting the occupational disease, referred to in that sub-section, acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if —40(a) such accident or contacting of such occupational disease would have beendeemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be ; and(b) the act is done for the purpose of and in connection with the employer'strade or business45(3) if an employee employed in any employment specified in the second schedule contracts any disease specified in the third schedule, being an occupational disease peculiar to that employment whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months, then, such disease shall be deemed to be an injury by accident within the meaning of this section and unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment5(4) an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and his employment is established10 15(5) the central government or the state government, after giving, by notification, not less than three months' notice of its intention so to do, may, by a like notification, modify or add any description of employment to the employments specified in the second schedule, and shall specify in the case of employments so modified or added, the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply, in the case of a notification by the central government, within the territories to which this code extends or, in case of a notification by the state government, within that state as if such diseases had been declared by this code to be occupational diseases peculiar to those employments(6) save as provided by sub-sections (2), (3) and (4), no compensation shall be payable to an employee in respect of any accident or disease unless the accident or disease is directly attributable to a specific injury by accident or disease arising out of and in the course of his employment20(7) nothing herein contained shall be deemed to confer any right to compensation on an employee in respect of any accident or disease if he has instituted in a civil court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any court of law in respect of any accident or injury—25(a) if he has instituted a claim to compensation in respect of the accident orinjury before a competent authority; or(b) if an agreement has been made between the employee and his employerproviding for the payment of compensation in respect of the accident or injury in accordance with the provisions of this chapter30compensation in case of death of or injury in plantation75 if death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation under section 7435explanation—for the purposes of this section, the expression "worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, and includes a person employed on contract for more than sixty days in a year, but does not include—(i) a medical officer employed in the plantation;40(ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed the amount as determined by the appropriate government, by notification, from time to time;45(iii) any person employed in the plantation primarily in a managerial or administrative capacity, notwithstanding that his monthly wages do not exceed the amount as determined by the appropriate government, by notification, from time to time;(iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals76 (1) subject to the provisions of this chapter, the amount of compensation shall be,—compensation in case of death of or injury in plantation5| ( ||-------------------------------------------------------------------------------------|| monthly wages of the deceased employee multiplied by the relevant factor or an || amount as may be notified by the central government from time to time, whichever is || more; |10(b) where permanent total disablement results from the injury, an amount equal to sixty per cent of the monthly wages of the injured employee multiplied by the relevant factor or an amount as may be notified by the central government from time to time or, whichever is more: provided that the central government may, by notification from time to time, enhance the amount of compensation specified in clauses (a) and (b)15explanation—for the purposes of clauses (a) and (b), "relevant factor", in relation to an employee means the factor specified in column (3) of the sixth schedule relating to factors against the corresponding entry in column (2) thereof, specifying the number of years which are the same as the completed years of the age of the employee on his last birthday immediately preceding the date on which the compensation fell due;(c) where permanent partial disablement results from the injury,—20(i) in the case of an injury specified in part ii of the fourth schedule, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and25(ii) in the case of an injury not specified in the fourth schedule, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the medical practitioner) permanently caused by the injury30explanation 1—for the purposes of this clause, where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries35 explanation 2—in assessing the loss of earning capacity under sub-clause (ii), the medical practitioner shall have due regard to the percentage of loss of earning capacity in relation to different injuries specified in the fourth schedule; (d) where temporary disablement, whether total or partial, results from the injury, a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (4)(2) notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to an employee in respect of an accident which occurred outside india, the competent authority shall take into account the amount of compensation, if any, awarded to such employee in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the employee in accordance with the law of that country(4) the half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day—(i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more; or5(ii) after the expiry of a waiting period of three days from the date of disablement, where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever is shorter: provided that—10 15(a) there shall be deducted from any lump sum or half-monthly payments to which the employee is entitled the amount of any payment or allowance which the employee has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be, and such payment or allowance which the employee has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation;(b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the employee before the accident exceeds half the amount of such wages which he is earning after the accident20(5) the employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer(6) on the ceasing of the disablement before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month25(7) if the injury of the employee results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the competent authority a sum of not less than fifteen thousand rupees for payment of the same to the eldest surviving dependent of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependent or was not living with his dependent at the time of his death, to the person who actually incurred such expenditure:30provided that the central government may, by notification from time to time, enhance the amount specified in this sub-section77 (1) compensation under section 74 shall be paid as soon as it falls due35compensation to be paid when due and damages for default(2) in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the competent authority or made to the employee, as the case may be, without prejudice to the right of the employee to make any further claim40(3) where any employer is in default in paying the compensation due under this chapter within one month from the date it fell due, the competent authority shall—(a) direct that the employer shall, in addition to the amount of the arrears, pay interest at such rate as may be prescribed by the central government, on the amount due; and45(b) if in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent of such amount of arrears by way of damages:provided that an order for the payment of damages shall not be passed under clause (b)without giving a reasonable opportunity to the employer to show cause as to why it should not be passed5(4) the interest and the damages payable under sub-section (3) shall be paid to the employee or his dependent, as the case may be78 for the purposes of calculation of compensation under section 74, the expression"monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated as follows, namely:—method of calculating monthly wages for purposes of compensation10(a) where the employee has, during a continuous period of not less than twelvemonths immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the employee shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period;15 20(b) where the whole of the continuous period of service immediately precedingthe accident during which the employee was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the employee shall be the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by an employee employed on the same work by the same employer, or, if there was no employee so employed, by an employee employed on similar work in the same locality;25(c) in other cases including cases in which it is not possible for want of necessaryinformation to calculate the monthly wages under clause (b), the monthly wages shallbe thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such periodexplanation - for the purpose of this section, "a period of service" shall be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days30review3579 (1) any half-monthly payment payable under this chapter, either under an agreementbetween the parties or under the order of a competent authority, may be reviewed by the competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitioner that there has been a change in the condition of the employee or, subject to such conditions as may be prescribed by the state government, on application made without such certificate(2) any half-monthly payment may, on review under this section, subject to the provisions of this chapter, be continued, increased, decreased or ended, or if the accident is found to have resulted in permanent disablement, be converted to the lump sum to which the employee is entitled less any amount which he has already received by way of half-monthly payments40commutation of halfmonthly payments4580 any right to receive half-monthly payments may, by agreement between the parties or, if the parties cannot agree and the payments have been continued for not less than six months, on the application of either party to the competent authority be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authority, as the case may bedistribution of compensation81 (1) no payment of compensation in respect of an employee whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensation:505provided that, in the case of a deceased employee, an employer may make to any dependent advances on account of compensation of an amount equal to three months' wages of such employee and so much of such amount as does not exceed the compensation payable to that dependent shall be deducted by the competent authority from such compensation and repaid to the employer(2) any other sum amounting to not less than five thousand rupees which is payable as compensation may be deposited with the competent authority on behalf of the person entitled thereto(3) the receipt of the competent authority shall be a sufficient discharge in respect of any compensation deposited with him10 15(4) (a) on the deposit of any money under sub-section (1) as compensation in respect of a deceased employee, the competent authority shall, if he thinks necessary, cause notice to be published or to be served on each dependent in such manner as he thinks fit, calling upon the dependents to appear before him on such date as he may fix for determining the distribution of the compensation(b) if the competent authority is satisfied after any inquiry which he may deem necessary, that no dependent exists, he shall repay the balance of the money to the employer by whom it was paid20(c) the competent authority shall, on an application by the employer, furnish a statement showing in detail all disbursements made25(5) the compensation deposited in respect of a deceased employee shall, subject to any deduction made under sub-section (1), be apportioned by order by the competent authority among the dependents of the deceased employee or any of them in such proportion as the competent authority thinks fit, or may, in the discretion of the competent authority, be allotted to any one dependent: provided that the competent authority shall not make any order under this sub-section without hearing the dependents and shall record reasons in the order for the apportionment of such compensation among dependents or any of them, as the case may be30(6) where any compensation deposited with the competent authority is payable to any person, other than a woman or a person under legal disability, the competent authority may pay the compensation to the person entitled thereto35 40(7) where any lump sum deposited with the competent authority is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the competent authority may direct; and where a half-monthly payment is payable to any person under a legal disability, the competent authority may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependent of the employee or to any other person, whom the competent authority thinks fit to provide for the welfare of the employee45(8) where, on application made to him in this behalf or otherwise, the competent authority is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependent or for any other sufficient cause, an order of the competent authority as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependent is to be invested, applied or otherwise dealt with, ought to be varied, the competent authority may make such orders for the variation of the former order as he thinks just in the circumstances of the case:provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause as to why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependent of any sum already paid to him5(9) where the competent authority varies any order under sub-section (8) by reasonof the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner as specified in sub-section (10)10(10) the competent authority may recover as an arrear of land revenue any amount referred to in sub-section (9), and for such purpose the competent authority shall be deemed to be a public officer within the meaning of section 5 of the revenue recovery act, 18901 of 1890notice and claim1582 (1) no claim for compensation shall be entertained by a competent authority unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death:20provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (3) of section 74 are applicable, the accident shall be deemed to have occurred on the first of the days during which the employee was continuously absent from work in consequence of the disablement caused by the disease:provided further that in case of partial disablement due to the contracting of any such disease and which does not force the employee to absent himself from work, the period of two years shall be counted from the day the employee gives notice of the disablement to his employer:25provided also that if an employee who, having been employed in an employment for acontinuous period specified under sub-section (3) of section 74 in respect of that employment,ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected30(2) the want of or any defect or irregularity, in a notice given under sub-section (1)shall not be a bar to the entertainment of a claim—35(a) if the claim is preferred in respect of the death of an employee resulting from an accident which occurred on the premises of the employer, or at any place where the employee at the time of the accident was working under the control of the employer or of any person employed by him, and the employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or40(b) if the employer or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed had knowledge of the accident from any other source at or about the time when it occurred:45provided that the competent authority may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time as provided under sub-section (1), if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient cause (3) every such notice shall give the name and address of the person injured and shall state the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon any one of several employers, or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed5(4) the appropriate government may require that any class of employers as may be prescribed by that government shall maintain, at their premises, at which employees are employed, a notice-book, in such form as may be prescribed by that government, which shall be readily accessible at all reasonable times to any injured employee employed on the premises and to any person acting bonafide on his behalf10(5) a notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or where possible, electronically or, where a notice-book is maintained, by entry in the notice-book83 (1) the provisions of this section shall, subject to the modifications specified in this section, apply in case of employees who are—special provisions relating to accidents occurring outside indian territory(a) masters of ships or seamen; or (b) captain and other members of crew of aircraft;15(c) persons recruited by companies registered in india and working as such abroad;(d) persons sent for work abroad along with motor vehicles registered under the motor vehicles act, 1988 as drivers, helpers, mechanics, cleaners or other employees59 of 198820(2) the notice of the accident and the claim for compensation by a person injured may be served on the following persons, as if they were the employer—(a) in case of accident where the person injured is a seamen, but not the master of the ship, on the master of the ship;(b) in case of accident where the person injured is a member of crew of an aircraft, but not the captain of the aircraft, on the captain of the aircraft;25(c) in case of persons recruited by companies registered in india and working as such abroad, on the local agent of the company;(d) in case of persons sent for work abroad along with motor vehicles as drivers, helpers, mechanics, cleaners or other employees, on the local agent of the owner of the motor vehicle, in the country of the accident:30provided that where the accident happened and the disablement commenced on board, the ship or aircraft, as the case may be, then, it shall not be necessary for any seaman or members of the crew of aircraft to give any notice of the accident (3) the claim of compensation shall be made—35(a) in the case of the death of an employee referred to in sub-section (1), one year after the news of the death has been received by the claimant;(b) in the case where the ship or the aircraft as the case may be, has been or is deemed to have been lost with all hands, eighteen months of the date on which the ship or the aircraft was, or is deemed to have been, so lost:40provided that the competent authority may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause5(4) where an injured employee referred to in sub-section (1) is discharged or left behind in any part of india or in any foreign country, then, any depositions taken by any judge or magistrate in that part or by any consular officer in the foreign country and transmitted by the person by whom they are taken to the central government or any state government shall, in any proceedings for enforcing the claim, be admissible in evidence—(a) if the deposition is authenticated by the signature of the judge, magistrate or consular officer before whom it is made;(b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness; and10(c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused,15and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made20(5) no half-monthly payment shall be payable in respect of the period during which the owner of the ship is, under any law in force for the time being relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman25(6) failure to give a notice or make a claim or commence proceedings within the time required by this section shall not be a bar to the maintenance of proceedings under this chapter in respect of any personal injury, if such proceedings under this chapter are commenced within one month from the date on which the said certificate of the appropriate government was furnished to the person commencing the proceedingsmedical examination3084 (1) where an employee has given notice of an accident, he, shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner, submit himself for such examination, and any employee who is in receipt of a half-monthly payment under this chapter shall, if so required, submit himself for such examination from time to time:provided that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by the appropriate government35(2) if an employee, on being required to do so by the employer under sub-section (1)or by the competent authority at any time, refuses to submit himself for examination by a medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless in the case of refusal, he was prevented by any sufficient cause from so submitting himself40(3) if an employee, before the expiry of the period within which he is liable undersub-section (1) to be required to submit himself for medical examination, voluntarily leaves the vicinity of the place in which he was employed without having been so examined, his right to compensation shall be suspended until he returns and offers himself for such examination:45provided that where such employee proves before the medical practitioner that hecould not so submit himself for medical examination due to the circumstances beyond his control and he was also handicapped to communicate such information in writing, the medical practitioner may after recording such reasons in writing, condone the delay and his right to compensation shall be revived as if no such suspension was made(4) where an employee, whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the competent authority may, if he thinks fit, direct the payment of compensation to the dependants of the deceased employee5(5) where under sub-section (2) or sub-section (3), a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (ii) of sub-section (4) of section 76, the waiting period shall be increased by the period during which the suspension continues10 15(6) where an injured employee has refused to be attended by a medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, if it is proved that the employee has not thereafter been regularly attended by a medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the employee had been regularly attended by a medical practitioner, whose instructions he had followed, and compensation, if any, shall be payable accordinglycontracting20 2585 (1) where any employer in the course of or for the purposes of his trade or business contracts with contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer, the employer shall be liable to pay to any employee employed in the execution of the work any compensation, which he would have been liable to pay if that employee had been immediately employed by him; and that the amount of compansation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed30(2) where the employer is liable to pay compansation under this section, he shall be entitled to be indemnified by the contractor, or any other person from whom the employee could have recovered the compansation and where a contractor who is himself an employer is liable to pay compansation or to indemnify an employer under this section, he shall be entitled to be indemnified by any person standing to him in relation of a contractor from whom the employee could have recovered the compansation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the competent authority35(3) nothing in this section shall be construed as preventing an employee from recovering compansation referred to in sub-section (2) from the contractor instead of the employer40(4) the provisions of this section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the employer has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or managementremedies of employer against stranger4586 where an employee has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 85 shall be entitled to be indemnified by the person so liable to pay damages as aforesaidinsolvency of employer51087 (1) where any employer has entered into a contract with any insurers in respect of any liability under this chapter to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the employee than they would have been under the employer(2) if the liability of the insurers to the employee is less than the liability of the employer to the employee, the burden of proof shall lie on the employee for the balance in the insolvency proceedings or liquidation15(3) where in any case such as is referred to in sub-section (1) the contract of the employer with the insurers is void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premium), the provisions of that sub-section shall apply as if the contract were not void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the employee:20provided that the provisions of this sub-section shall not apply in any case in whichthe employee fails to give notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings2531 of 201618 of 2013(4) there shall be deemed to be included among the debts which under section 53 of the insolvency and bankruptcy code, 2016 or under section 320 of the companies act, 2013 are in the distribution of the assets of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation, the liability accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up, as the case may be, and the provisions of that code and act shall have effect accordingly30 35(5) where the compensation is a half-monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the half-monthly payment could, if redeemable, be redeemed if applications were made for that purpose under section 80, and a certificate of the competent authority as to the amount of such sum shall be conclusive proof thereof(6) the provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in sub-section (1)40(7) the provisions of this section shall not apply where a company is wound upvoluntarily merely for the purposes of reconstruction or of amalgamation with another company45power to require from employers statements regarding fatal accidents88 (1) where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment, he may send by registered post or where possible, electronically a notice to the employee's employer requiring him to submit, within thirty days of the service of the notice, a statement, in such form as may be prescribed by the appropriate government, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority in the same manner to the dependents of such employee ascertained by the competent authority in such manner as may be prescribed by the appropriate government5(2) if the employer is of the opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice(3) if the employer is of the opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability10(4) where the employer has so disclaimed liability, the competent authority, after such inquiry as he may think fit, may inform any of the dependants of the deceased employee, that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit15(5) where in the opinion of the competent authority, a dependant of the deceased employee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependant in such manner as may be prescribed from the panel of advocates maintained by the appropriate government for such purposeregistration of agreements2089 (1) where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability, a memorandum thereof shall be sent by the employer to the competent authority, who shall, on being satisfied as to its genuineness, record the memorandum in a register, electronically or otherwise, in such manner as may be prescribed by the appropriate government:25provided that—(a) no such memorandum shall be recorded before seven days after communication by the competent authority of notice to the parties concerned;(b) the competent authority may at any time rectify the register;30 35(c) where it appears to the competent authority that an agreement as to the payment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable, to a woman or a person under a legal disability ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, the competent authority may refuse to record the memorandum of the agreement and may make such order including an order as to any sum already paid under the agreement, as the competent authority thinks just in the circumstances (2) an agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this code notwithstanding anything contained in the indian contract act, 1872, or in any other law for the time being in force(3) where a memorandum of any agreement, the registration of which is required under this section, is not sent to the competent authority as required by this section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this chapter, and notwithstanding anything contained in the proviso to sub-section (1) of section 76, shall not, unless the competent authority otherwise directs, be entitled to deduct more than half of any amount paid to the employee by way of compensation whether under the agreement or otherwisereference to competent authority590 (1) if any question arises in any proceedings under this chapter as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not an employee or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by a competent authority(2) no civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this chapter required to be settled, decided or dealt with by a competent authority or to enforce any liability incurred under this chapter10appointment of competent authority1591 (1) the state government may, by notification, appoint any person who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by the appropriate government to be a competent authority for employee's compensation for such area as may be specified in the notification(2) where more than one competent authority has been appointed for any area, the state government may, by general or special order, regulate the distribution of business amongst them20(3) any competent authority may, for the purpose of deciding any matter referred to him for decision under this chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiryvenue of proceedings and transfer2592 (1) where any matter under this chapter is to be done by or before a competent authority, the same shall, subject to the provisions of this chapter and in the manner prescribed in this behalf by the state government, be done by or before the competent authority for the area in which—(a) the accident took place which resulted in the injury; or (b) the employee or in case of his death, the dependant claiming the compensation ordinarily resides; or30(c) the employer has his registered office:35provided that no matter shall be processed before or by a competent authority, other than the competent authority having jurisdiction over the area in which the accident took place, without his giving notice electronically or otherwise in the manner prescribed by the central government to the competent authority having jurisdiction over the area and the state government concerned:40provided further that, where the employee, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or an employee in a motor vehicle or a company, meets with the accident outside india, any such matter may be done by or before a competent authority for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be45(2) if a competent authority, other than the competent authority with whom any money has been deposited under section 81, proceeds with a matter under this chapter, the former may for the proper disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of such a request, he shall comply with the same(3) if a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, whether in the same state or not, he may, subject to rules made under this code relating to this chapter, order such matter to be transferred to such other competent authority either for5report or for disposal, and, if he does so, shall forthwith transmit to such other competent authority all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the manner as may be prescribed by the central government any money remaining in his hands or invested by him for the benefit of any party to the proceedings:provided that the competent authority shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard10(4) the competent authority to whom any matter is so transferred shall, subject to rules made under this code relating to this chapter, inquire therein to and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him15(5) on receipt of a report from a competent authority to whom any matter has been transferred for report under sub-section (3), the competent authority by whom it was referred shall decide the matter referred to in conformity with such report(6) the state government may transfer any matter from any competent authority appointed by it to any other competent authority appointed by itform of application2093 (1) where an accident occurs in respect of which liability to pay compensation under this chapter arises, a claim for such compensation may, subject to the provisions of this chapter, be made before the competent authority25(2) subject to the provisions of sub-section (1), no application for the settlement of any matter by competent authority, other than an application by a dependant or joint application by dependants for compensation, shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement(3) an application to a competent authority for claim under sub-section (1) or settlement under sub-section (2) may be made electronically or otherwise in such form and in such manner accompanied by such fee, if any, as may be prescribed by the central government30(4) the time limit for the disposal of applications under this section and the costs incidental to the proceedings under this section to be imposed by the competent authority shall be such as may be prescribed by the state government3594 (1) where any sum has been deposited by an employer as compensation payable in respect of an employee whose injury has resulted in death, and in the opinion of the competent authority such sum is insufficient, the competent authority may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the noticepower of competent authority to require further deposit in cases of fatal accident(2) if the employer fails to show cause to the satisfaction of the competent authority, the competent authority may make an award determining the total amount payable, and requiring the employer to deposit the deficiency405 of 1908powers and procedure of competent authority2 of 19744595 the competent authority shall have all the powers of a civil court under the codeof civil procedure, 1908, for the purpose of taking evidence on oath (which such competent authority is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the competent authority shall be deemed to be a civil court for all the purposes of section 195 and of chapter xxvi of the code of criminal procedure, 1973appearance of parties96 any appearance, application or act required to be made or done by any personbefore or to a competent authority (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade unionor by an inspector-cum-facilitator appointed under sub-section (1) of section 122 or by any other officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorised5method of recording evidence97 the competent authority shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authority or in the manner as may be prescribed by the state government and shall form part of the record:10provided that, if the competent authority is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record:provided further that the evidence of any medical witness shall be taken down as nearly as may be word for wordpower to submit cases1598 a competent authority may, if he thinks fit, submit any question of law for the decision of the high court and, if he does so, shall decide the question in conformity with such decision99 (1) an appeal shall lie to the high court from the following orders of a competent authority under this chapter, namely:—appeal against order of competent authority20(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;(b) an order awarding interest or penalty by way of damages under section 77; (c) an order refusing to allow redemption of a half-monthly payment;25(d) an order providing for the distribution of compensation among thedependants of a deceased employee, or disallowing any claim of a person alleging himself to be such dependant;(e) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 85; or(f) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:30 35 provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order as referred to in clause (c), unless the amount in dispute in the appeal is not less than ten thousand rupees or such higher amount as the central government may, by notification in the official gazette, specify:provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the competent authority, or in which the order of the competent authority gives effect to an agreement come to by the parties:40provided also that no appeal by an employer under clause (a) shall lie unless thememorandum of appeal is accompanied by a certificate by the competent authority to the effect that the appellant has deposited with him the amount payable under the order appealed against(2) the period of limitation for an appeal under this section shall be sixty days36 of 196345(3) the provisions of section 5 of the limitation act, 1963, shall be applicable to appeal under this section chapter viii social security and cess in respect of building and other construction workerslevy and collection of cess5100 (1) there shall be levied and collected a cess for the purposes of social securityand welfare of building workers at such rate not exceeding two per cent but not less than one per cent of the cost of construction incurred by an employer, as the central government may, by notification, from time to time specifyexplanation— for the purposes of this sub-section, the cost of construction shall not include:—| ( | a | ) the cost of land; and ||-----|-----|---------------------------------------------------------------------------------|| 10 | | || ( | b | ) any compensation paid or payable to an employee or his kin under chapter vii || 15 | | |(2) the cess levied under sub-section (1) shall be collected from every employer undertaking building or other construction work in such manner and at such time, including deduction at source in relation to a building or other construction work of a government or of a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such local authority or such other authority notified by the state government is required, as may be prescribed by the central government20(3) the proceeds of the cess collected under sub-section (2) shall be deposited by the local authority or such other authority notified by the state government to the board in such manner as may be prescribed by the central governmentexplanation—for the purposes of this chapter, the expression "board" means the building and other construction workers' welfare board constituted under section 725(4) notwithstanding anything contained in sub-section (1) or sub-section (2), the cess leviable under this chapter including payment of such cess in advance may, subject to final assessment to be made, be collected at a uniform rate or rates as may be prescribed by the central government on the basis of the quantum of the building or other construction work involved30interest payable on delay in payment of cess101 if any employer fails to pay any amount of cess payable under section 100 withinsuch time as may be prescribed by the appropriate government, such employer shall be liable to pay interest at such rate as may be prescribed by the central government, on the amount of cess, to be paid, for the period from the date on which such payment is due till such amount is actually paidpower to exempt from cess35102 notwithstanding anything contained in this chapter, the central governmentmay, by notification, exempt any employer or class of employers in a state from the payment of cess payable under this chapter where such cess is already levied and payable under any corresponding law in force in that stateselfassessment of cess40103 (1) the employer shall, within sixty days or such period as may be notified by theappropriate government of the completion of his each building and other construction work, pay such cess (adjusting the advance cess already paid under section 100) payable under this chapter on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and in the manner prescribed by the central government and after such payment of cess, he shall file a return under clause (d) of section 12345(2) if the officer or the authority to whom or to which the return has been filed under sub-section (1) finds any discrepancy in the payment under the self assessment and the payment required under the return referred to in that sub-section, then, he or it shall, after making or causing to be made such inquiry as he or it thinks fit and after such inquiry make the appropriate assessment order(3) an order of assessment made under sub-section (1) or sub-section (2) shall specify the date within which the cess shall be paid by the employer, if any5penalty for non-payment of cess within the specified time104 if any amount of cess payable by any employer under section 103 is not paid within the date specified in the order of assessment made under sub-section (2) of section 103, it shall be deemed to be in arrears and the authority prescribed by the central government in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cess:10 provided that, before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this sectionappeal to appellate authority15105 (1) any employer aggrieved by an order of assessment made under section 103or by an order imposing penalty made under section 104 may, within such time as may be prescribed by the central government, appeal to such appellate authority in such form and in such manner as may be prescribed by the central government(2) every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescribed by the appropriate government20(3) after the receipt of any appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible(4) every order passed in appeal under this section shall be final and shall not be called in question in any court of law25registration of building workers as beneficiaries106 every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the board as a beneficiary under this chapter in such manner as may be prescribed by the central governmentcessation as a beneficiary107 (1) a building worker who has been registered as a beneficiary under section 106shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year:30provided that in computing the period of ninety days under this sub-section, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment35(2) notwithstanding anything contained in sub-section (1), if a person had been abeneficiary for at least three years continuously immediately before attaining the age of sixty years, then, he shall be eligible to get such benefits as may be prescribed by the central government40explanation—for computing the period of three years under this sub-section as a beneficiary registered with a board, there shall be added any period for which a person had been a beneficiary registered with any other board immediately before his registration with the board108 (1) there shall be constituted by a board a fund to be called the building and other construction workers' welfare fund and there shall be credited thereto—45(a) the amount of any cess levied under sub-section (1) of section 100;(b) any grants and loans made to the board by the central government;building and other construction workers' welfare fund and its application(c) all sums received by the board from such other sources as may be decidedby the central government(2) the building and other construction worker welfare fund shall be applied for meeting—(a) expenses of the board in the discharge of its functions under sub-section (6)of section 7; and5(b) salaries, allowances and other remuneration of the members, officers and other employees for the board;(c) expenses on objects and for purposes authorised by this code10(3) no board shall, in any financial year, incur expenses towards salaries, allowances and other remuneration to its members, officers and other employees and for meeting the other administrative expenses exceeding five per cent of its total expenses during that financial year chapter ix social security for unorganised workers15109 (1) the central government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers (including audio visual workers, beedi workers, non-coal workers) on matters relating to—(i) life and disability cover; (ii) health and maternity benefits; (iii) old age protection;20(iv) education;framing of scheme for unorganised workers, and constitution of social security fund for gig workers, platform workers, etc(v) housing; and (vi) any other benefit as may be determined by the central government(2) the state government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to—25(i) provident fund; (ii) employment injury benefit; (iii) housing; (iv) educational schemes for children; (v) skill upgradation of workers;30(vi) funeral assistance; and (vii) old age homes(3) any scheme notified by the central government may be—(i) wholly funded by the central government; or35(ii) partly funded by the central government and partly funded by the state government; or(iii) partly funded by the central government, partly funded by the state government and partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the central government; or4018 of 2013(iv) funded from any source including corporate social responsibility fund within the meaning of companies act, 2013 or any other such source as may be specified in the scheme (4) the central government may, by notification, constitute a social security fund or funds for provision of social security to the unorganised workers, platform workers or gig workers or any class of such workers comprising of the funding received under sub-section (3) or from any other source as may be notified by the central government5(5) the social security fund or funds as constituted under sub-section (4) shall be administered by the central government in such manner as may be prescribed by the central government(6) every scheme notified by the central government under sub-section (1) shall provide for such matters that are necessary for the efficient implementation of the scheme including the matters relating to all or any of the following, namely:—(i) scope of the scheme;10(ii) authority to implement the scheme; (iii) beneficiaries of the scheme; (iv) resources of the scheme; (v) agency or agencies that will implement the scheme; (vi) redressal of grievances; and (vii) any other relevant matter,15and a special purpose vehicle may also be constituted by the central government for the purpose of implementation of such scheme110 (1) any scheme notified by the state government under sub-section (2) may be—(a) wholly funded by the state government; orfunding of state government schemes20(b) partly funded by the state government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the state government; or25(c) funded from any source including corporate social responsibility fund referred to in clause (iv) of sub-section (3) of section 109 or any other such source as may be specified in the scheme (2) the state government may seek financial assistance from the central government for the schemes formulated by it30(3) the central government may provide such financial assistance to the state governments for the purpose of schemes for such period and on such terms and conditions as it may deem fitrecord keeping111 the government formulating and notifying the scheme under this chapter shall provide therein the form and manner of keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintained:35provided that such record shall , as far as may be possible, bear continuous number for the purpose of proper management of the scheme and for avoiding any duplication and overlapping in recordsworkers facilitation centres112 the central government or the state government may setup such workers facilitation centres as may be considered necessary from time to time to perform the following functions, namely:—40(a) disseminate information on available social security schemes for the unorganised workers;(b) facilitate filling, processing and forwarding of application forms for registrationof unorganised workers;45(c) assist unorganised worker to obtain registration from the authority specifiedin the scheme; and(d) facilitate the enrolment of the registered unorganised workers in socialsecurity schemes113 (1) every unorganised worker shall be eligible for registration, for the purposes of this chapter, subject to the fulfilment of the following conditions, namely:—registration of unorganised worker(a) he has completed sixteen years of age or such age as may be prescribed bythe central government;5(b) he has submitted a self-declaration electronically or otherwise in such form,in such manner and to such authority containing such information as may be prescribed by the central government10(2) every eligible unorganised worker under sub-section (1) shall make an application for registration in such form along with such documents, to such registering authority as may be prescribed by the central government and such unorganised worker shall be registered by such registering authority by assigning a distinguishable number to his application or by linking the application to the aadhaar number15(3) a registered unorganised worker shall be eligible to avail the benefit of a scheme framed under this chapter on making such contribution, if any, as may be specified in the scheme(4) the central government, or as the case may be, the state government shall make such contribution in a scheme as may be specified therein114 (1) the central government may formulate and notify, from time to time, suitable social security schemes for gig workers and platform worker on matters relating to—schemes for gig workers and platform workers20(a) life and disability cover; (b) health and maternity benefits; (c) old age protection; and (d) any other benefit as may be determined by the central government(2) every scheme formulated and notified under sub-section (1) may provide for—| ( | a | ) the manner of administration of the scheme; ||-----------------------------------------|-----|-----------------------------------------------------------------------------|| 25 | | || ( | b | ) the agency or agencies for implementing the scheme; || ( | c | ) the role of aggregators in the scheme; || ( | d | ) the sources of funding of the scheme; and || ( | e | ) any other matter as the central government may consider necessary for the || efficient administration of the scheme | | || 30 | | | chapter x finance and accountsaccounts35115 each of the social security organisations shall maintain proper accounts of itsincome and expenditure in such form and in such manner as the appropriate government may, after consultation with the comptroller and auditor-general of india, specifyaudit116 (1) the accounts of each of the social security organisations shall be auditedannually by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the respective social security organisation to the comptroller and auditor-general of india| ( ||---------------------------------------------------------------------------------------------------|| connection with the audit of the accounts of a social security organisation shall have the || same rights and privileges and authority in connection with such audit as the comptroller || and auditor-general has, in connection with the audit of government accounts and, in || particular, shall have the right to demand the production of books, accounts, connected vouchers, || documents and papers and to inspect any of the offices of the social security organisation |5(3) the accounts of a social security organisation as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded to the social security organisation which shall along with its comments on the audit report of the comptroller and auditor-general of india forward the same to the appropriate governmentbudget estimates117 (1) each of the social security organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate government before such date as may be fixed by it in that behalf10(2) the budget shall contain provisions adequate in the opinion of the appropriate government for the discharge of the liabilities incurred by the social security organisation and for the maintenance of a working balanceannual report15118 (1) each of the social security organisations shall submit to the appropriate government an annual report of its work and activities along with the budget finally adopted by the social security organisation(2) the appropriate government shall cause a copy of the annual report, budget and the audited accounts together with the report of the comptroller and auditor-general of india and the comments of the respective social security organisation thereon to be laid before each house of parliament or the state legislature, as the case may be20valuation of assets and liabilities119 each of the fund maintained by a social security organisation or by an establishment under this code shall have a valuation of its assets and liabilities made by a valuer or actuary, as the case may be, appointed, with the prior approval of the appropriate government, by such social security organisation or the establishment, as the case may be, in the following manner, namely:—(a) in case of central board, annually;25(b) in case of corporation, once in every three years;(c) in case of any other social security organisation or establishment, as specified by the appropriate government, by order:provided that the appropriate government, if it considers necessary, may direct such valuation to be made at such intervals other than provided in this section30holding of property, etc35120 (1) a social security organisation may, subject to such conditions as may be prescribed by the appropriate government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for such purposes and for the purposes for which the said social security organisation is established(2) subject to such conditions as may be prescribed by the appropriate government, a social security organisation may, from time to time invest any moneys vested in it, which are not immediately required for expenses properly defrayable and may, subject to as aforesaid, from time to time re-invest or realise such investments40(3) each of the social security organisations may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, raise loans and take measures for discharging such loans45(4) each of the social security organisations, may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, constitute for the benefit of its officers and staff or any class of them, such provident or other benefit funds as it may think fitwriting off of losses121 subject to the conditions as may be prescribed by the appropriate government, where any of the social security organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under this code, is irrecoverable, the concerned social security organisation may sanction the writing off of the said amount in such manner as may be prescribed by the appropriate government chapter xi authorities, assessment, compliance and recovery5appointment of inspectorcum- facilitators and their powers10122 (1) the central government for the purposes of chapter iii and chapter iv and the provisions in this code relating to those chapters, and the appropriate government for the purposes of other provisions of this code, may, by notification, appoint inspector-cum- facilitators who shall exercise the powers conferred on them under sub-section (6) in accordance with the inspection scheme referred to in sub-section (2)15(2) the central government for the purposes of chapter iii and chapter iv and the provisions in this code relating to those chapters and the appropriate government in respect of other provisions of this code, may, by notification, lay down an inspection scheme which may provide for generation of a web-based inspection and calling of information relating to the inspection under this code electronically and such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections and calling for information from the establishment or any other person20(3) without prejudice to the provisions of sub-section (2), the central government for the purposes of chapter iii and chapter iv and the other provisions in this code relating to those chapters and the appropriate government in relation to other provisions of this code, may, by notification, confer such jurisdiction of randomised selection of inspection for the purposes of this code, to the inspector-cum-facilitators as may be specified in such notification25(4) without prejudice to the powers of the central government or the appropriate government, as the case may be, under this section, the inspection scheme may be designed taking into account, inter alia, the following factors, namely:—30(a) assignment of unique number to each establishment (which will be same asthe registration number allotted to that establishment), each inspector-cum-facilitator and each inspection in such manner as may be notified for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code as aforesaid, by the appropriate government;35(b) timely uploading of inspection reports in such manner and subject to such conditions as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code as aforesaid, by the appropriate government;40(c) provisions for special inspections based on such parameters as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code as aforesaid, by the appropriate government; and45(d) the characteristics of employment relationships, the nature of work and characteristics of the workplaces based on such parameters as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code as aforesaid, by the appropriate government (5) the inspector-cum-facilitator may—(a) advice the employers and employees relating to compliance with the provisions of this code; and(b) inspect the establishments as assigned to him under the provisions of this code, subject to the instructions or guidelines issued by the appropriate government from time to time(6) subject to the provisions of sub-section (4), the inspector-cum-facilitator may,—5(a) examine any person who is found in any premises of the establishment,whom the inspector-cum-facilitator has reasonable cause to believe, is an employee of the establishment;10(b) require any person to give any information, which is in his power to give withrespect to the names and addresses of the persons;| ( ||----------------------------------------------------------------------------------------|| portions thereof as the inspector-cum-facilitator may consider relevant in respect of || an offence under this code and which the inspector-cum-facilitator has reason to || believe has been committed by the employer; |15(d) bring to the notice of the appropriate government defects or abuses notcovered by any law for the time being in force; and(e) exercise such other powers as may be prescribed by the appropriate government2045 of 1860(7) any person required to produce any document or to give any information required by an inspector-cum-facilitator for the purposes of sub-section (5) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code2 of 197425(8) the provisions of the code of criminal procedure, 1973 shall, so far as may be, apply to the search or seizure for the purposes of sub-section (5), as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said code123 an employer of an establishment shall—maintenance of records, registers, returns, etc(a) maintain records and registers in the form prescribed by the appropriategovernment, electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as may be prescribed by the appropriate government including—30| ( | i | ) number of days for which work performed; ||-----|-----|---------------------------------------------------------------|| ( | ii | ) number of hours of work performed by the employees; || ( | iii | ) wage paid; || ( | iv | ) leave, leave wages, wages for overtime work and attendance; |35(v) employees identification number, by whatever nomenclature it may becalled;(vi) number of dangerous occurrences, accidents, injuries in respect ofwhich compensation has been paid by the employer and the amount of such compensation relating to chapter iv and chapter vii, respectively;40(vii) statutory deductions made by employer from the wages of an employeein respect of chapter iii and chapter iv;(viii) details as to cess paid in respect of building and other constructionwork;45(ix) total number of employees (regular, contractual or fixed termemployment) on the day specified;(x) persons recruited during a particular period; (xi) occupational details of the employees; and (xii) vacancies for which suitable candidates were not available during the specified period5(b) display notices at the work places of the employees in such manner and formas may be prescribed by appropriate government;(c) issue wage slips to the employees, in electronic forms or otherwise; and (d) file such return electronically or otherwise to such officer or authority in suchmanner and during such periods as may be prescribed by the appropriate government10employer not to reduce wages, etc15124 no employer in relation to an establishment to which this code or any scheme framed thereunder applies shall, by reason only of his liability for the payment of any contribution under this code, or any charges thereunder reduce whether directly or indirectly, the wages of any employee to whom the provisions of this code or any scheme framed thereunder applies or the total quantum of benefits to which such employee is entitled under the terms of his employment, express or impliedassessment and determination of dues from employer125 (1) the central government may, by notification, authorise, such officers of the central board or the corporation, as the case may be, not below the rank of group a officer of that government, to function as the authorised officers for the purposes of chapter iii or chapter iv, as the case may be, who may, by order—20(a) in a case where a dispute arises regarding the applicability of chapter iii or chapter iv, as the case may be, to an establishment, decide such dispute; and(b) determine the amount due from any employer under any provision of chapter iii or chapter iv, as the case may be, or the schemes made under such chapter; and25(c) for any of the purposes relating to clause (a) and clause (b), conduct such inquiry, as he may deem necessary for such purposes:provided that no proceeding under this sub-section shall be initiated after the expiry of the period of five years from the date on which the dispute referred to in clause (a) is alleged to have been arisen or, as the case may be, the amount referred to in clause (b) is alleged to have been due from an employer305 of 1908(2) notwithstanding anything contained in the code of civil procedure, 1908, the inquiry under sub-section (1), as far as practicable, shall be held on day-to-day basis and endeavour shall be made to ensure that the inquiry is concluded within a period of two years:35 provided that where the inquiry is not concluded within the said period of two years, the authorised officer conducting such inquiry shall record the circumstances and reasons for not having concluded so and submit the circumstances and reasons so recorded to the central provident fund commissioner or the director general of the corporation as the case may be, or such other officer authorised by him in this behalf:40 provided further that the central provident fund commissioner or the director general of the corporation, as the case may be, after considering the circumstances and the reasons which have been submitted by the authorised officer may grant an extension of one year to conclude the said inquiry:45provided also that the inquiries which are pending immediately before the date of commencement of this code shall be concluded by the authorised officer within a period not exceeding two years from the date of such commencement5 of 1908(3) the authorised officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry have the same powers as are vested in a court under the code of civil procedure, 1908, for trying a suit in respect of the following matters, namely:—(a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents;5(c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses,45 of 1860and any such inquiry 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 code10(4) no order shall be made under sub-section (1), unless the employer concerned isgiven a reasonable opportunity of representing his case15(5) where the employer, employee or any other person required to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so by the authorised officer conducting the inquiry, such inquiry officer may decide the applicability of the relevant provisions of this code or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record20(6) where an order under sub-section (1) is passed against an employer exparte, he may, within three months from the date of communication of such order, apply to the authorised officer who conducted the inquiry for setting aside such order and if the authorised officer is satisfied that the show cause notice was not duly served or that such employer was prevented by any sufficient cause from appearing when the inquiry was held, the authorised officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry:25provided that no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the authorised officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the authorised officer30explanation—where an appeal has been preferred under this code against an orderpassed exparte and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this sub-section for setting aside the exparte order(7) no order passed under this section shall be set aside on any application under sub-section (4) unless notice thereof has been served on the opposite party35review of orders passed under section 12540126 (1) any person considering himself aggrieved by an order made under section 125, but from which no appeal has been preferred under section 127, and if such person, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the order was made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of such order made against him, may apply for a review of that order to the authorised officer who made the order:provided that such authorised officer may also on his own motion review his order if he is satisfied that it is necessary so to do in the interest of justice45(2) every application for review under sub-section (1) shall be filed in such form andmanner and within such time as may be prescribed by the central government(3) where it appears to the authorised officer, receiving an application for review under sub-section (2), that there is no sufficient ground for review, he shall reject the application(4) where the authorised officer is of the opinion that such application for review may be granted, he shall grant the same:provided that no such application shall be granted,—5(a) without previous notice to all the opposite parties in the application to enable them to appear and be heard in support of the order against which the review is filed; and(b) on the ground of discovery of new matter or evidence which the applicant alleges was not within his knowledge or could not be produced by him when the order was made, without proof of such allegation10appeal against order of authorised officer127 if an employer is not satisfied with the order made under section 125, he may prefer an appeal to an appellate authority as may be prescribed by the central government, within sixty days of the date of such order on deposit of twenty-five per cent of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the concerned social security organisation:15 provided that such order made under section 125 shall not be brought into operation for such period as may be notified by the central government to provide convenience to the employer to prefer appeal:20provided further that if the employer finally succeeds in the appeal, the concerned social security organisation shall refund such deposit to the employer together with interest at such rate as may be prescribed by the central government within forty-five days of such final order in appeal128 where an order determining the amount due from an employer under section 125or section 126 has been passed and if the authorised officer who passed the orders—determination of escaped amount25(a) has reason to believe that by reason of the omission or failure on the part ofthe employer to make any document or report available, or to disclose, fully and truly, all material facts necessary for determining the correct amount due from the employer, any amount so due from such employer for any period has escaped his notice;30(b) has, in consequence of information in his possession, reason to believe thatany amount to be determined under section 125 or section 126 has escaped from his determination for any period notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the employer,he may, within a period of five years from the date of communication of the order passed under section 125 or section 126, reopen the case and pass appropriate orders redetermining the amount due from the employer in accordance with the provisions of this chapter:35provided that no order redetermining the amount due from the employer shall bepassed under this section unless the employer is given a reasonable opportunity of representing his caseinterest on amount due40129 except where expressly provided otherwise in this code, the employer shall beliable to pay simple interest at such rate as may be prescribed by the central government, from the date on which any amount has become due under this code till the date of its actual paymentpower to recover damages45130 where an employer makes default in the payment of any contribution which he isliable to pay in accordance with the provisions of chapter iii or chapter iv, as the case may be, or any scheme framed thereunder or in the transfer of accumulations under chapter iii, or in the payment of any charges payable under any other provision of this code, the central provident fund commissioner or the director general of the corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate government, may levy on, and recover from, the employer by way of damages, an amount not exceeding the amount of arrears, in such manner as may be prescribed by the central government:provided that before levying and recovering such damages, the employer shall be given an opportunity of being heard:531 of 2016provided further that the central board or the corporation as the case may be, may reduce or waive the damages levied under this section in relation to an establishment for which a resolution plan or repayment plan recommending such waiver has been approved by the adjudicating authority established under the insolvency and bankruptcy code, 2016 subject to the terms and conditions as may be specified by notification, by the central governmentrecovery of amount due10131 (1) any amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount may, if the amount is in arrear, be recovered in the manner specified in this section and sections 132 to 13415(2) where any amount is in arrear under this code, the authorised officer, or the competent authority, as the case may be, shall issue to the recovery officer referred to in sub-section (4), a certificate under his signature, electronically or otherwise, specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below, namely:—20(a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, of the employer;(b) arrest of the employer and his detention in prison; (c) appointing a receiver for the management of the movable or immovable properties of the defaulter:25provided that the attachment and sale of any property under this section shall first be effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount or arrears specified in the certificate, the recovery officer may move such proceeding against the property of the employer for recovery of the whole or any part of such arrears30(3) the authorised officer or the competent authority, as the case may be, may issue a certificate under sub-section (2), notwithstanding that proceeding for recovery of the arrears by any other mode has been taken(4) the authorised officer or the competent authority, as the case may be, may forward the certificate issued under this section, to the recovery officer within whose jurisdiction the employer—35(a) carries on his business or profession or within whose jurisdiction the principalplace of his establishment is situate; or(b) resides or any movable or immovable property of, the establishment or, theemployer is situates40(5) where an establishment or the employer has property within the jurisdiction of more than one recovery officers and the recovery officer to whom a certificate is sent by the authorised officer or the competent authority, as the case may be—(a) is not able to recover the entire amount by the sale of the property, movableor immovable, within his jurisdiction, or(b) is of the opinion that, for the purpose of expediting or securing the recoveryof the whole or any part of the amount, it is necessary so to do,45he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified in the manner prescribed by the central government, specifying the amount to be recovered to the recovery officer within whose jurisdiction the establishment or the employer has property or the employer resides, and thereupon that recovery officer shall proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer or the competent authority, as the case may be5validity of certificate and amendment thereof132 (1) when the authorised officer or the competent authority, as the case may be, issues a certificate to a recovery officer under section 131, it shall not be open to the employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the recovery officer10(2) notwithstanding the issue of a certificate to a recovery officer, the authorised officer or the competent authority, as the case may be, shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending intimation to the recovery officer15(3) the authorised officer or the competent authority, as the case may be, shall intimate to the recovery officer any orders of withdrawing or cancelling a certificate or any correction made by him in respect of the said certificate under sub-section (2)20(4) notwithstanding that a certificate has been issued to the recovery officer for the recovery of any amount, the authorised officer or the competent authority, as the case may be, may grant time to the employer for payment of the amount recoverable under the certificate and thereupon the recovery officer shall stay the proceedings until the expiry of the time so granted(5) where a certificate for the recovery of amount has been issued, the authorised officer or the competent authority, as the case may be, shall keep the recovery officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate25 30(6) where the order giving rise to a demand of amount for which a certificate for recovery has been issued under section 131 has been modified in appeal or other proceeding under this code, resulting in reduction of the demand but the order is the subject-matter of further proceeding under this code, the authorised officer or the competent authority, as the case may be, shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending35(7) where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this code, the authorised officer or the competent authority, as the case may be, shall, when the order being the subject-matter of such appeal or other proceeding become final and conclusive, amend the certificate or withdraw it, as the case may be, in consonance with such finality or conclusionother modes of recovery40133 (1) notwithstanding the issue of a certificate to the recovery officer under section 131, the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf, may, recover the amount by any one or more of the modes provided in this section45 50(2) if any amount is due from any person to any employer who is in arrears, the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, may, require such person to deduct from the said amount the arrears so due, and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf:5 of 1908provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the code of civil procedure, 1908510 15(3) (a) the central provident fund commissioner or the director general of thecorporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or, as the case may be, the establishment, to pay to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer authorised by it in this behalf either forthwith upon the money becoming due or being held at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the employer in respect of arrears or the whole of the money when it is equal to or less than that amount(b) a notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the employer jointly with any other person and for the purposes of this sub-section, the shares of the joint holders in such account shall be presumed, until the contrary is proved, to be equal20(c)a copy of the notice shall be forwarded to the employer at his last address knownto the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf and in the case of a joint account to all the joint holders at their last addresses so known25(d) save as otherwise provided in this sub-section, every person to whom a notice isissued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary30(e)any claim respecting any property in relation to which a notice under thissub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice35 40(f) where a person to whom a notice under this sub-section is sent objects to it bystatement on oath that the sum demanded or any part thereof is not due to the employer or that he does not hold any money for or on account of the employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, to the extent of his own liability to the employer on the date of the notice, or to the extent of the employer's liability for any sum due under this code, whichever is less45(g)the central provident fund commissioner or the director general of thecorporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice50(h)the central provident fund commissioner or the director general of thecorporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, shall grant a receipt for any amount paid in compliance with anotice issued under this sub-section, and the person so paying shall be fully discharged from his liability to the employer to the extent of the amount so paid5(i) any person discharging any liability to the employer after the receipt of a notice under this sub-section shall be personally liable to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, to the extent of his own liability to the employer so discharged or to the extent of the employer's liability for any sum due under this code, whichever is less10 15(j)if the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, he shall be deemed to be an employer in default in respect of the amount specified in the notice and further proceeding may be moved against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 131 to 134 and the notice shall have the same effect as an attachment of amount in arrears by the recovery officer in exercise of his powers under section 13120(4) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf may apply to the court in whose custody there is money belonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due2543 of 1961(5) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, if so authorised by the central government by general or special order, recover any arrears of amount due from an employer or, as the case may be, from the establishment by distraint and sale of his or its movable property in the manner laid down in the third schedule to the income tax act, 196143 of 196130application of certain provisions of income-tax act134 the provisions of the second schedule and the third schedule to the income-tax act, 1961 and the income tax (certificate proceedings) rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules refer to the amount in arrears of the amount mentioned in section 131 of this code instead of to the income tax:provided that any reference in the said provisions and the rules to the "assessees"shall be construed as a reference to an employer as defined in this code35 chapter xii offences and penalties135 if any person,—penalty for failure to pay contributions, etc(a) being an employer, fails to pay any contribution which he is liable to payunder this code or rules, regulations or schemes made thereunder; or40(b) deducts or attempts to deduct from the wages of an employee, the whole orany part of employer's contribution; or(c) in contravention of the provisions of this code, reduces the wages or anyprivilege or benefits admissible to an employee; or45(d) in contravention of the provisions of chapter iv or chapter vi or rules,regulations or schemes made or framed under this code relating, respectively, to such chapters, dismisses, discharges, reduces in rank or otherwise penalises a woman employee; or(e) fails or refuses to submit any return, report, statement or any other information required under this code or any rules, regulations or schemes made or framed thereunder; or5(f) obstructs any inspector-cum-facilitator or other officer or staff of the central board or the corporation or other social security organisation or a competent authority in the discharge of his duties; or(g) fails to pay any amount of gratuity to which an employee is entitled under this code; or10(h) fails to pay any amount of compensation to which an employee is entitled under this code; or(i) fails to provide any maternity benefit to which a woman is entitled under this code; or(j) fails to send to a competent authority a statement which he is required to send under chapter vii; or15(k) fails to produce on demand by the inspector-cum-facilitator any register or document in his custody kept in pursuance of this code or the rules, regulations or schemes made or framed thereunder;(l) fails to pay the cess for building workers which he is liable to pay under this code; or20(m) is guilty of any contravention of or non-compliance with any of the requirements of this code or the rules or the regulations or schemes made or framed thereunder in respect of which no special penalty is provided in this chapter; or(n) obstructs executive officer in exercising his functions under chapter xiii, or25(o) dishonestly makes a false return, report, statement or information to be submitted thereunder, he shall be punishable—(i) where he commits an offence under clause (a) with imprisonment for a term which may extend to three years but—30(a) which shall not be less than one year, in case of failure to paythe employee's contribution which has been deducted by him from the employee's wages and shall also be liable to fine of one lakh rupees;(b) which shall not be less than six months, in any other case andshall also be liable to fine of fifty thousand rupees:35provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term; (ii) where he commits an offence under any of the clauses (b) to (g)[except clause (e)] , clauses (i) and (k) to (m), with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both;40(iii) where he commits an offence under clauses (e), (h), (j) or clause (n)with a fine which may extend to fifty thousand rupees;(iv) where he commits an offence under clause (o), with imprisonment fora term which may extend to six months45enhanced punishment in certain cases after previous conviction136 whoever, having been convicted by a court of an offence punishable under thiscode, commits the same offence shall, for second, or every subsequent such offence, be punishable with imprisonment for a term which may extend to two years and with fine of two lakh rupees:provided that where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation which under this code he is liable to pay, he shall, for such second or subsequent offence, be punishable with imprisonment for a term which may extend to five years but which shall not be less than two years and shall also be liable to fine of three lakh rupees5offences by companies137 (1) where an offence under this chapter has been committed by a company,every person who, at the time the offence was committed, was directly 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 person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence15(2) notwithstanding anything contained in sub-section (1), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, secretary or other officer of the company, such director, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly20explanation—for the purposes of this section,—(a) "company" means any body corporate, and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firmcognizance of offences25138 (1) no court shall take cognizance of an offence punishable under this codeexcept on a complaint made by such officer or other person as may be prescribed for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed thereunder, by the appropriate government30 35(2) notwithstanding anything contained in sub-section (1), no prosecution under thiscode shall be instituted except by or with the previous sanction of the authority prescribed for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made thereunder, by the appropriate government(3) no court inferior to that of a metropolitan magistrate or a judicial magistrate ofthe first class shall try any offence punishable under this chapter40prior opportunity before prosecution45139 notwithstanding anything contained in this chapter, the inspector-cum-facilitatoror any other officer notified for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government, shall, before initiation of prosecution proceeding against an employer for any offence under this chapter, give an opportunity to the employer to comply with the aforesaid relevant provisions by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, then, no such proceeding shall be initiated against the employer; but no such opportunity shall be accorded to an employer, if the violation of thesame nature of such provisions is repeated within a period of five years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with the provisions of this chaptercompounding of offences2 of 1974510140 (1) notwithstanding anything contained in the code of criminal procedure, 1973,any offence committed for the first time, punishable under this chapter, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application made, either before or after the institution of any prosecution, be compounded by an officer authorised by the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government, in such manner as may be prescribed by the central government on payment by the offender to the appropriate government such amount as may be notified by that government15(2) nothing contained in sub-section (1) shall apply to an offence committed by aperson for the second time or thereafter within a period of five years from the date —(a) of commission of a similar offence which was earlier compounded; or (b) of commission of similar offence for which such person was earlier convicted20 25(3) every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government(4) every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed by the central government30(5) where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded35(6) where the compounding of any offence is made after the institution of any prosecution, such compounding shall be brought to the notice of the court in which the prosecution is pending in writing by the officer referred to in sub-section (1), and on such notice of the compounding of the offence being given to the court, the person against whom the offence is so compounded shall be discharged(7) any person who fails to comply with the order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine chapter xiii40 employment information and monitoringreporting of vacancies to career centres45141 (1) the appropriate government may, by notification, require that from such date as may be specified in the notification, the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishment, as the case may be, shall report or cause to be reported that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisition(2) for the purposes of sub-section (1), the appropriate government may prescribe the following, namely:—(i) the manner in which the vacancies, referred to in sub-section (1), shall be reported to the career centres electronically or otherwise;5(ii) the form in which such vacancies shall be reported to the career centres; and (iii) the manner and form of filing the return by the employer to the concerned career centre10(3) nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the career centre to fill any vacancy merely because such vacancy has been reported(4) the executive officer shall have access to any record or document in the possession of any employer required to furnish any information or returns for the purposes of this chapter and may enter at any reasonable time any premises where he believes such record or document to be and inspect or take copies of such records or documents or ask any question necessary for obtaining any information required15142 (1) the provisions of section 141 shall not apply in relation to vacancies,—exclusions from application of this chapter(a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or(b) in any employment in domestic service; or20(c) in any employment connected with the staff of parliament or any state legislature; or(d) in any employment the total duration of which is less than ninety days; (e) in any class or category of establishments as may be notified by the central government; and25(f ) in any other employment as may be notified by the central government(2) unless the central government, by notification direct, the provisions of this chapter shall not apply in relation to—30(a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or through independent recruitment agencies such as union public service commission, staff selection commission or a state public service commission or any other agencies as may be notified by the central government; or(b) vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate government35 chapter xiv miscellaneousapplication of aadhaar143 (1) an employee or unorganised worker or any other person, as the case may be, for—(a) registration as member or beneficiary; or40(b) seeking benefit whether in kind, cash or medical sickness benefit or pension, gratuity or maternity benefit or any other benefit or for withdrawal of fund; or(c) receiving any payment or medical attendance as insured person himself or for his dependants,518 of 2016under this code or rules, regulations or schemes made or framed thereunder has to establish his identity or, as the case may be, the identity of his family members or dependants through aadhaar number in such manner as may be prescribed by the central government and for such purpose the expression "aadhaar" shall have the meaning as defined in clause (a) ofsection 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 201618 of 2016(2) for the purposes of sub-section (1), the aadhaar number issued to an individualshall be in accordance with the provisions of section 3 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 201610power to exempt establishment15144 (1) notwithstanding anything contained in this code, the appropriate governmentmay, by notification, and subject to the conditions which may include the eligibility conditions to be fulfilled prior to exemption and the conditions to be complied with after exemption, as may be prescribed by the central government in this behalf, grant exemption to an establishment or class of establishments (including factory or other establishments under the control of central government or state government or local bodies) or employees or class of employees, from any or all of the provisions of this code as may be specified in the notification and may renew for further period such exemption by like notification:provided that no such exemption,—20(i) in respect of chapter iii, without prior consultation with the central board;and(ii) in respect of chapter iv, without prior consultation with the corporation, shall be granted or renewed and the central board or the corporation, as the case may be, shall on such consultation forward its view to the appropriate government within such time as may be prescribed by that government:25provided further that in case such exemption is in respect of those chapters or inrespect of any of them, the establishment or class of establishments so exempted shall, in order to provide benefits which are substantially similar or superior to the benefits provided in those chapters or any of them arrange insurance of such value which the appropriate government considers appropriate for granting such exemption:30(2) the appropriate government may, in the notification referred to in sub-section (1),specify therein conditions as may be prescribed which the exempted establishment or the class of establishment or employee or class of employees as the case may be, shall comply with after such exemption35(3) the exemption granted under sub-section (1) to an establishment or class ofestablishment or employee or class of employees, as the case may be, shall be initially for a period of three years from the date of publication of such notification and may be extended by the appropriate government to the extent of such period as may be prescribed by the central government40(4) the exemption granted under sub-section (1) shall only be granted if the employeesin the establishment or class of establishments or employee or the class of employees so exempted are otherwise in receipt of benefits substantially similar or superior to the benefits provided in the provisions of code to be so exempted45(5) if the establishment or class of establishments or employee or class of employeesin respect of whom the exemption has been granted under sub-section (1), fails to complywith, any conditions specified under that sub-section, then, the appropriate government may on such failure cancel the exemption so grantedliability in case of transfer of establishment50145 where an employer transfers his establishment in whole or in part, by sale, gift, lease or license or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under this code in respect of the periods up to the date of such transfer:provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer5146 every member of a social security organisation and the officers and staff thereof, any inspector-cum-facilitator, competent authority, authorised officer, recovery officer and any other person discharging any function under this code shall be deemed to be public servants within the meaning of section 21 of the indian penal codethe members, officers and staff to be public servants45 of 1860147 no suit, prosecution or other legal proceeding shall lie against —(i) the central government;protection of action taken in good faith(ii) a state government; (iii) a social security organisation;10(iv) a competent authority; (v) any officer or staff of a social security organisation; or (vi) any other person or authority,15discharging the functions or exercising the powers under this code, for anything which is in good faith done or intended to be done in pursuance of this code or of any rules, regulations or schemes made or framed thereundermisuse of benefits20148 if the appropriate government is satisfied in the manner prescribed by it that any establishment or any other person has misused any benefit provided to him under this code or rules, regulations or schemes made or framed thereunder, then, such government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification: provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be149 the central government may give directions to the social security organisations in respect of matters relating to the implementation of the provisions of this code25power of central government to give directions power to frame schemes150 the appropriate government may, subject to the condition of previous publication,frame schemes not inconsistent with this code, for the purposes of giving effect to the provisions thereof30protection against attachment, etc151 (1) notwithstanding anything contained in any law for the time being in force, the amount standing to be credited in favour of the employee under chapters iii, iv, v, vi or vii or, of any member of any fund under this code, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by such employee or member or the exempted employee, as the case may be35 40(2) any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund maintained by his employer at the time of the death of such member or the exempted employee, as the case may be, and payable to his nominee under the scheme or the rules of the fund shall, subject to any deduction authorised by the said scheme or rules, as the case may be, vest in the nominee or such family and shall be free from any debt or other liability incurred by the deceased or the nominee before his death and shall also not be liable to attachment under any decree or order of any court(3) notwithstanding anything contained in any other law for the time being in force, any amount due under the chapters referred to in sub-section (1) shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of section 53 of the insolvency and bankruptcy code, 2016power to amend schedule152 (1) if the central government is satisfied that it is necessary or expedient so to do, it may, by notification amend the first schedule, fourth schedule, fifth schedule and sixth schedule by way of addition or deletion therein and upon such addition or deletion, the schedules shall stand to have been amended accordingly5(2) if the appropriate government is satisfied that it is necessary or expedient so to do, it may, by notification amend the second schedule and third schedule by way of addition therein and not otherwise, and upon such addition, the schedule shall stand to have been amended accordingly10153 (1) the appropriate government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereofpower of appropriate 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:—15(a) the amount in connection with premium for group insurance scheme of the beneficiaries under clause (c), educational schemes for the benefit of children of the beneficiaries under clause (d), medical expenses for treatment of major ailments of a beneficiary or, such dependent under clause (e), of sub-section (6) of section 7;20(b) other member who may authenticate by signature the orders and decisions of the social security organisations and other instruments issued under sub-section (2) of section 9;(c) bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the second proviso to sub-section (1) of section 53;25(d) time, form and manner of nomination by an employee under sub-section (1), time to make fresh nomination under sub-section (4), the form and manner of modification of a nomination under sub-section (5), and the form for fresh nomination under sub-section (6), of section 55;(e) time and form of application under sub-section (1) of section 56;30(f) the composition of the board of trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer under sub-section (4) of section 57;(g) the qualifications and experience of competent authority under sub-section (1)of section 58;(h) authority to whom an appeal may be preferred under sub-section (3) ofsection 72;35(i) class of employers and the form of notice-book under sub-section (4) ofsection 82;(j) the interval for medical examination under proviso to sub-section (1) ofsection 84;40(k) form of statement, and the manner of ascertaining the dependents undersub-section (1) and the manner of providing an advocate to the dependant undersub-section (5) of section 88;(l) manner of recording memorandum under sub-section (1) of section 89;(m) such other experience and qualifications for appointment as a competentauthority under sub-section (1) of section 91;(n) time-limit to pay the amount of cess under section 101;45(o) fees for appeal under sub-section (2) of section 105;(p) conditions to acquire, hold sell or otherwise transfer any movable or immovable property under sub-section (1), conditions to invest moneys, re-invest or realise investments under sub-section (2), terms to raise loans and take measures for discharging such loans under sub-section (3), and terms to constitute provident or other benefit funds under sub-section (4), of section 120;5(q) conditions and manner of writing off losses under section 121; (r) other powers of inspector-cum-facilitator under clause (e) of sub-section (6)of section 122;10(s) form and manner for maintenance of records and registers and other particulars and details under clause (a), manner and form for display of notices at the work places of the employees under clause (b), and the manner, officer or authority and periods of filing returns to the officer or authority under clause (d), of section 123;(t) officer or other person who may make complaint under sub-section (1), and the authority to give sanction for prosecution under sub-section (2) of section 138;15(u) the manner and form for reporting vacancies to the career centres under clauses (i) and (ii), and the manner and form of filing the return by the employer to the concerned career centre under clause (iii), of sub-section (2), of section 141;20(v) the time within which the central board or the corporation, as the case may be shall forward its view to the appropriate government under sub-secton (1); and the conditions which the exempted establishment or the class of establishment or class of employees shall comply after exemption under sub-section (2), of section 144;(w) any other matter which is required to be, or may be, prescribed by the appropriate government under the provisions of this code25154 (1) the central government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereofpower 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:—30(a) manner of establishment and maintenance of career centre and the career services under clause (8) of section 2;(b) the income of dependent parents (including father-in-law and mother-in-law of a woman employee) under sub-clause (e) of clause (33) of section 2;35(c) such other authority who, may appoint the person or persons to manage the affairs of the factory and the matters which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier, under the proviso to clause (49) of section 2;(d) the time and manner of registration of establishment under section 3;40(e) the manner of administration of the funds vested in the board under sub-section (1), the manner of performance of functions by an executive committee under sub-section (3), the terms and conditions, including tenure of office of member of the central board and executive committee and their duties under sub-section (5), and the manner of performance of such other functions under sub-section (6), of section 4;45(f) the manner of administration of employees' state insurance scheme; and the manner of representation of states under clause (d), of sub-section (1), the manner of constitution of standing committee under sub-section (3), the manner of administration of the affairs of the corporation, exercise of powers and performance of function by the standing committee under clause (a) of sub-section (4), the composition of the medical benefit committee under sub-section (5), and the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties under sub-section (7), of section 5;5(g) the manner of exercising the powers and performance of the functions by thenational social security board under sub-section (1) the number of persons to benominated as members, their term of office and other conditions of their service, procedure to be followed in the discharge their functions and manner of filling vacancies under sub-section (4) and time, place and rules of procedure relating to transaction of business under sub-section (6), of section 6(h) welfare measures and facilities under clause (j) of sub-section (6) of section 7;10(i) meetings and procedure in regard to the transaction of business at meetingsand the fee and allowances of members of social security organisation or any committee under sub-section (4), of section 9;15(j) manner of re-constitution of the corporation or the central board or thenational social security board or the state unorganised workers board or the building workers' welfare board, or any of the committees under sub-section (1), and alternatearrangements for the purpose of administration of the relevant provisions of this code under sub-section (2), of section 11;(k) manner of establishment of a pension fund under clause (b) and the mannerof establishment of insurance fund under clause (c), of sub-section (1) of section 16;20(l) the manner of maintenance of a provident fund account in relation to theestablishment under sub-section (1) of section 21;(m) the manner of transfer and dealing with accounts under section 22; (n) form, manner, time-limits and fees for filing of appeal under sub-section (2) ofsection 23;25(o) salary and allowances of the director general or the financial commissionerunder sub-section (3) and the limit of maximum monthly salary under the proviso to sub-section (6), of section 24;(p) limits for defraying expenditure under clause (k) of section 26;30(q) conditions to acquire, hold, sell or otherwise transfer any movable orimmovable property under sub-section (1), conditions to invest moneys by the corporation under sub-section (2), and the terms to raise loans and take measures for discharging such loans under sub-section (3), of section 27;(r) manner of insurance of employees under section 28;35(s) the rate of contributions under sub-section (2), and the days on which thecontributions fall due where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period undersub-section (4), of section 29;(t) the percentage of income which may be spent on expenses and the limits forsuch expenses under section 30;40(u) the amount of payment under the proviso to clause (f) of sub-section (1), andthe qualifications to claim benefits, conditions, rate and period thereof under sub-section (3), of section 32;(v) the limits within which the corporation may incur expenditure from theemployees' state insurance fund under section 33;45(w) the rates, periods and conditions for payment of dependants' benefit undersub-sections (1) and (2) of section 38;(x) the qualification of an insured person and his family, to claim medical benefitand the conditions subject to which such benefit may be given, the scale and period thereof under sub-section (3), and the payment of contribution and other conditions under the second proviso to sub-section (3), of section 39;5(y) the terms and conditions subject to which the scheme may be operated under section 44;(z) the contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions under sub-section (2) of section 45;(za) the form of application to the competent authority under clause (b) of sub-section (5) of section 56;10 15(zb) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government under sub-section (1), the conditions to exempt and manner of establishing an approved gratuity fund under sub-section (2), and the time and manner to get establishment registered and the manner thereof under sub-section (3), of section 57 and the qualifications and experience of competent authority under sub-section (1) of section 58;(zc) the form of notice under sub-section (1), and the proof of pregnancy and proof of delivery under sub-section (5), of section 62;20(zd) the proof of miscarriage or medical termination of pregnancy under sub-section (1), the proof of tubectomy operation under sub-section (2) and the proof of illness under sub-section (3), of section 65;(ze) the duration of breaks under section 66; (zf) the number of employees and distance for creche facility under sub-section (1)of section 67;25(zg) gross misconduct under the second proviso to sub-section (1) of section 68;( zh) rate of interest to be paid by the employer under clause (a) of sub-section (3)of section 77;(zi) the manner of notice under the first proviso to sub-section (1), and the manner of transmitting money under sub-section (3), of section 92;30(zj) the form, manner and fee for application for claim or settlement under sub-section (3) of section 93;(zk)manner and time of collection of cess under sub-section (2), and manner of deposit of the cess so collected under sub-section (3) and the uniform rate or rates of advance cess under sub-section (4), of section 100;35(zl) the rate of interest in case of delayed payment of cess under section 101; (zm) the manner of self-assessment of cess under sub-section (1) of section 103;(zn) the authority to inquire and impose penalty under section 104; (zo) time-limit to prefer appeal, appellate authority, form and manner of appeal under sub-section (1) of section 105;40(zp) manner of registration as beneficiary under section 106; (zq) benefits of a beneficiary under sub-section (2) of section 107;(zr) manner of administration of the social security fund or funds under sub-section (5) of section 109;45(zs) eligible age for registration under clause (a) and form, manner, authority and information under clause (b) of sub-section (1) and the form of application and documents for registration and registering authority under sub-section (2), of section 113;5(zt) form, manner and time for filing application for review under sub-section (2),of section 126;(zu) appellate authority to whom an employer may prefer an appeal undersection 127, and rate of interest on the refund of deposit to the employer, under the second proviso, to the said section;10(zv) the rate of simple interest which the employer shall be liable to pay undersection 129;(zw) manner of levying and recovery of damages under section 130; (zx) manner to certify under sub-section (5) of section 131;15(zy) manner of compounding of offences under sub-section (1) and the form andmanner of application for compounding of an offence under sub-section (4), ofsection 140;(zz) manner to establish identity under section 143;(zza) the eligibility conditions to be fulfilled prior to exemption and the conditionsto be complied with after exemption under sub-section (1) and the period of extensionof exemption under sub-section (3) of section 144;20(zzb) any other matter which is required to be, or may be, prescribed by thecentral government under the provisions of this codepower of state government to make rules155 (1) the state government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereof25(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:—30(a) the manner of exercising the powers and performance of functions by stateunorganised workers' board under sub-section (9), the number of persons to be nominated as members,their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the state unorganised workers' board under sub-section (12),and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-section (14), of section 6;35(b) the terms and conditions of appointment and the salaries and other allowancespayable to the chairperson and the other members and the manner of filling of casual vacancies of the members, and the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees under clause (c) of sub-section (5) of section 7;40(c) structure, functions, powers and activities of the organisations undersub-section (6) of section 40;(d) procedure to be followed by the employees' insurance court undersub-section (2) of section 50;45(e) manner of commencement of proceedings before the employees' insurancecourt and the time-limit of filing, fees and procedure thereof under sub-section (1) of section 51;(f) conditions when application for review is made without certificate of a medical practitioner under sub-section (1) of section 79;(g) manner of matters to be dealt by or before a competent authority under subsection (1) of section 92;(h) time- limit for disposal of application and costs incidental to the proceedings under sub-section (4) of section 93;(i) the manner of authentication of memorandum under section 97; and5(j) any other matter which is required to be, or may be, prescribed by the state government under the provisions of this code10power of corporation to make regulations156 (1) the corporation may, by notification, and subject to the condition of previous publication, make regulations, not inconsistent with this code and the rules and schemes made or framed thereunder, for the administration of the affairs of the corporation and for carrying into effect the provisions of chapter iv and the provisions of this code relating to that chapter(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:—15(a) the cases and matters to be submitted for the decision of the corporation under clause (b) of sub-section (4) and the composition of committees under sub-section (6), of section 5;20(b) the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under clause (a) of sub-section (7) of section 24;(c) unit in respect of which all contribution shall be payable under sub-section (3)of section 29;25(d) maintenance of register of employees by or through the contractor under sub-section (7), conditions for deduction of wages under sub-section (8) and any matter relating or incidental to the payment and collection of contribution under sub-section (9), of section 31;30(e) qualifications and experience of other person to certify sickness under clause (a), authority to certify eligibility of a woman under clause (b), authority to certify eligibility for payment under clause (c) of sub-section (i), the conditions for extension of medical benefits under sub-section (2) and any matter relating or incidental to the accrual and payment of benefits under sub-section (4), of section 32;(f) continuous period in which the employee contracts occupational disease under sub-section (1) of section 36;35(g) constitution of medical board under sub-section (1), constitution of medical appeal tribunal under sub-section (5) and manner of filing appeals before the medical appeal tribunal under sub-section (7), of section 37;(h) conditions for voluntary retirement scheme under the first proviso to sub-section (3) of section 39;40(i) other authority for providing permission under clause (c) of sub-section (3),form of nomination under sub-section (6) and the authority to determine benifitsunder sub-section (9), of section 41;(j) user charges to be paid by other beneficiaries for medical facilities under clause (c) of the explanation to section 44; and(k) any matter in respect of which regulations are required or permitted to be made by this code157 the power to make rules, regulations and schemes under this code shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:—prior publication of rules, regulations, etc5(a) the date to be specified after a draft of rules, regulations and schemes underconsideration, shall not be less than forty-five days from the date on which the draft of the proposed rules, regulations and schemes is published for general information in the official gazette;(b) rules, regulations and schemes shall finally be published in the official gazette and, on such publication, shall have effect as if enacted in this code10 15rules to give effect to arrangements with other countries for the transfer of money paid as compensation158 (1) the central government may, by notification, make rules for the transfer to any foreign country of money deposited with a competent authority under chapter vii which has been awarded to or may be due to, any person residing or about to reside in such foreign country and for the receipt, distribution and administration in any state of any money deposited under the law relating to employees' compensation in any foreign country, which has been awarded to, or may be due to any person residing or about to reside in any state:20provided that no sum deposited under chapter vii in respect of fatal accidents shall be so transferred without the consent of the employer concerned after the competent authority receiving the sum has passed orders determining its distribution and apportionment under section 81(2) where money deposited with a competent authority has been so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this code regarding distribution by the competent authority of compensation deposited with him shall cease to apply in respect of any such money25laying of rules, regulations and schemes, etc30 35159 (1) every rule, regulation, notification and scheme made or framed by the centralgovernment or the corporation, as the case may be, under this code shall be laid, as soon as may be after it is made or framed, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, regulation, notification or scheme, as the case may be, or both houses agree that the rule, regulation, notification or scheme, as the case may be, should not be made, such rule, regulation, notification or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, notification or scheme, as the case may be40(2) every rule and scheme made or framed, and every notification issued by, the state government under this code, shall be laid as soon as may be after it is made or framed, before the state legislatures, where it consists of two houses, or where such legislature consists of one house, before that house160 (1) the provisions of this code shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this code:effect of laws and agreements inconsistent with this code45 provided that where under any such award, agreement, contract of service or otherwise,a person is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this code, the person shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this code(2) nothing contained in this code shall be construed to preclude a person from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this code5delegation of powers10161 the appropriate government may, by notification, direct that all or any of thepowers and functions which may be exercised or performed by that government may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the central board, the corporation, the national social security board, the state unorganised workers board, building workers welfare board or any officer or authority subordinate to the central board, the corporation, the national social security board, the state unorganised workers board, building workers welfare boardpower to remove difficulties15162 (1) if any difficulty arises in giving effect to the provisions of this code, thecentral government may, by order, published in the official gazette, make such provisions, not inconsistent with the provisions of this code, as may be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this code(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament20163 (1) the following enactments are hereby repealed, namely:—repeal and savings8 of 19231 the employees' compensation act, 1923;34 of 19482 the employees' state insurance act, 1948;19 of 19523 the employees' provident funds and miscellaneous provisions act, 1952;31 of 19594 the employment exchanges (compulsory notification of vacancies) act, 1959;53 of 19615 the maternity benefit act, 1961;2539 of 19726 the payment of gratuity act, 1972;33 of 19817 the cine-workers welfare fund act, 1981;28 of 19968 the building and other construction workers' welfare cess act, 1996;33 of 20089 the unorganised workers social security act, 200830(2) notwithstanding such repeal,—35 40(a) anything done or any action taken under the enactments so repealed including any rule, regulation, notification (including the notifications issued by the states), scheme, appointment, order or direction made thereunder or any benefit provided or given under any provision of such enactments, rules, regulations, notifications or schemes made thereunder for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder and shall be in force to the extent they are not contrary to the provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder till they are repealed under the corresponding provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder by the appropriate government19 of 1952 34 of 19485(b) the central board and the executive committee constituted under the employees' provident funds and miscellaneous provisions act, 1952 so repealed and the corporation, standing committee and the medical benefit council constituted under employees' state insurance act, 1948 so repealed shall remain so constituted and discharge respectively the functions and exercise the powers of the central board, executive committee, corporation, standing committee and medical benefit committee under this code, till such central board, executive committee, corporation, standing committee and medical benefit committee are constituted in accordance with the provisions of this code10(c) any exemption given under any enactments so repealed shall continue to bein force till its validity expires or it is ceased to be in operation under the provisions of this code or any direction made thereunder for such purpose10 of 1897(3) without prejudice to the provisions of sub-section (2), the provisions of section 6of the general clauses act, 1897 shall apply to the repeal of such enactments the first schedule [see section 1(4)] applicability| | | | | | | chapter no | chapter heading | applicability ||-------------------------------------------------|-------------------------------------|---------------------------------------------|----|----------------------------------------------|----|---------------|-------------------|-----------------|| ( | 1 | ) | ( | 2 | ) | ( | 3 | ) || iii | employee's provident fund | every establishment in which twenty or more | | | | | | || employees are employed | | | | | | | | || iv | employee's state insurance | every establishment in which ten or more | | | | | | || corporation | employees are employed other than a | | | | | | | || seasonal factory: | | | | | | | | || provided that chapter iv shall also be | | | | | | | | || applicable to an establishment, which carries | | | | | | | | || on such hazardous or life threatening | | | | | | | | || occupation as notified by the central | | | | | | | | || government, in which even a single | | | | | | | | || employee is employed: | | | | | | | | || provided further that an employer of a | | | | | | | | || plantation, may opt the application of | | | | | | | | || chapter iv in respect of the plantation by | | | | | | | | || giving willingness to the corporation, where | | | | | | | | || the benefits available to the employees under | | | | | | | | || that chapter are better than what the | | | | | | | | || employer is providing to them | | | | | | | | || provided also that the contribution from the | | | | | | | | || employers | and | employees | of | an | | | | || establishment shall be payable under section 29 | | | | | | | | || on and from the date on which any benefits | | | | | | | | || under chapter iv relating to the employees | | | | | | | | || state insurance corporation are provided by | | | | | | | | || the corporation to the employees of the | | | | | | | | || establishment and such date shall be notified | | | | | | | | || by the central government | | | | | | | | || v | gratuity | ( | a | ) every factory, mine, oilfield, plantation, | | | | || port and railway company; and | | | | | | | | || ( | b | ) every shop or establishment in which ten | | | | | | || or more employees are employed, or were | | | | | | | | || employed, on any day of the preceding | | | | | | | | || twelve months; and such shops or | | | | | | | | || establishments as may be notified by the | | | | | | | | || appropriate government from time to time | | | | | | | | || vi | maternity benefit | ( | a | ) to every establishment being a factory, | | | | || mine or plantation including any such | | | | | | | | || establishment belonging to government; | | | | | | | | || and | | | | | | | | |(1)(2)(3)(b) to every shop or establishment in whichten or more employees are employed, or were employed, on any day of the preceding twelve months; and such other shops or establishments notified by the appropriate governmentviiemployee's compensationsubject to the provisions of the second schedule, it applies to the employers and employees to whom chapter iv does not applyviiisocial security and cess inevery establishment which falls under therespect of building andbuilding and other construction workother construction workersixsocial security forunorganised sector, unorganised workers,unorganised workersgig worker, platform workerxiiiemployment informationcareer centres, vacancies and employersand monitoring the second schedule [see section 2(26)] list of persons who are employees within the meaning of second proviso to clause (26) of section 2the following persons are employees within the meaning of second proviso to clause (26) of section 2 and subject to the said proviso, any person who is—(i) employed in railways, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or(ii) employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948(63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts, and steam, water or other mechanical power or electrical power is used; or(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premisesexplanation—for the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or(iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or(v) employed, in any mine as defined in clause (j) of section 2 of the mines act,1952 (35 of 1952), in any mining operation or in any kind of work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or(vi) employed as the master or as a seaman of—(a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or(b) any sea going ship not included in sub-clause (a) provided with sufficient area for navigation under sails alone; or (vii) employed for the purpose of—(a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the ports act, 1908 (15 of 1908), or the major port trusts act, 1963 (38 of 1963) of goods which have been discharged from or are to be loaded into any vessel; or(b) warping a ship through the lock; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or(e) the docking or undocking of any vessel during an emergency; or (f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or(g) any work on jolly-boats for bringing a ship's line to the wharf; or(viii) employed in the construction, maintenance, repair or demolition of—(a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or(b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or(c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or(x) employed, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or(xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in clause (31) of section 2 and subsection (1)of section 197 of the railways act, 1989 (24 of 1989), either directly or through a subcontractor, by a person fulfilling a contract with the railway administration; or(xiii) employed as an inspector, mail guard, sorter or van peon in the railway mail service or as a telegraphist or as a postal or railway signaller, or employed in any occupation ordinarily involving outdoor work in the indian posts and telegraphs department; or(xiv) employed, in connection with operation for winning natural petroleum or natural gas; or(xv) employed in any occupation involving blasting operations; or (xvi) employed in the making of any excavation for which explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or(xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or(xix) employed, in the generating, transforming transmitting or distribution of electrical energy or in generation or supply of gas; or(xx) employed in a lighthouse as defined in clause (d) of section 2 of the indian lighthouse act, 1927 (17 of 1927); or(xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or(xxii) employed in the training, keeping or working of elephants or wild animals;or(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or(xxv) employed as a diver; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,—(a) any warehouse or other place in which goods are stored, or (b) any market; or(xxvii) employed in any occupation involving the handling and manipulation of radium or x-rays apparatus, or contact with radioactive substances; or(xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the indian aircraft act, 1934 (22 of 1934); or(xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or(xxx) employed, in the construction, working, repair or maintenance of a tube-well; or(xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or(xxxii) employed in a circus; (xxxiii) employed as watchman in any factory or establishment; or (xxxiv) employed in any operation in the sea for catching fish; or (xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or(xxxvi) employed in handling animals like horses, mules and bulls; or (xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or(xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or(xl) employed in cleaning of jungles or reclaiming land or ponds; or (xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing; or(xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or(xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or(xliv) employed in spraying and dusting or insecticides of pesticides in agricultural operations or plantations; or(xlv) employed in mechanised harvesting and threshing operations; or (xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or(xlvii) employed as artist for drawing pictures on advertisement boards at a height of 366 metres or more from the ground level; or(xlviii) employed in any newspaper establishment as defined in the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (45 of 1955) and engaged in outdoor work; or(xlix) employed as sales promotion employee; or (l) any other employee or class of employee employed in an establishment or class of establishment to which the employees' compensation act, 1923 (8 of 1923) was applicable in any state immediately before the commencement of this code the third schedule [see sections 36 and 74] list of occupational diseases| | | | | | | serial no | occupational disease | employment ||---------------------------------------|----------------------------------------------------------------------------|---------------------------------------------|----------------------------------|--------------------------------------------|----|--------------|------------------------|--------------|| ( | 1 | ) | ( | 2 | ) | ( | 3 | ) || part a | | | | | | | | || 1 | infectious and parasitic diseases | ( | a | ) all work involving exposure to health or | | | | || contracted in an occupation where | laboratory work; | | | | | | | || there is a particular risk of | | | | | | | | || contamination | ( | b | ) all work involving exposure to | | | | | || veterinary work; | | | | | | | | || ( | c | ) work relating to handling animals, animal | | | | | | || carcasses, part of such carcasses, or | | | | | | | | || merchandise which may have been | | | | | | | | || contaminated by animals or animal | | | | | | | | || carcasses; | | | | | | | | || ( | d | ) other work carrying a particular risk of | | | | | | || contamination | | | | | | | | || 2 | diseases caused by work in | all work involving exposure to the risk | | | | | | || compressed air | concerned | | | | | | | || 3 | diseases caused by lead or its | all work involving exposure to the risk | | | | | | || toxic compounds | concerned | | | | | | | || 4 | poisoning by nitrous fumes | all work involving exposure to the risk | | | | | | || concerned | | | | | | | | || 5 | poisoning by organo phosphorus | all work involving exposure to the risk | | | | | | || compounds | concerned | | | | | | | || part b | | | | | | | | || 1 | diseases caused by phosphorus | all work involving exposure to the risk | | | | | | || or its toxic compounds | concerned | | | | | | | || 2 | diseases caused by mercury or | all work involving exposure to the risk | | | | | | || its toxic compounds | concerned | | | | | | | || 3 | diseases caused by benzene or | all work involving exposure to the risk | | | | | | || its toxic homologues | concerned | | | | | | | || 4 | diseases caused by nitro and amido all work involving exposure to the risk | | | | | | | || toxic derivatives of benzene or its | concerned | | | | | | | || homologues | | | | | | | | || 5 | diseases caused by chromium or | all work involving exposure to the risk | | | | | | || its toxic compounds | concerned | | | | | | | || 6 | diseases caused by arsenic or its | all work involving exposure to the risk | | | | | | || toxic compounds | concerned | | | | | | | |(1)(2)(3)7diseases caused by radioactiveall work involving exposure to the actionsubstances and ionising radiations of radioactive substances or ionisingradiations8primary epitheliomatous cancer ofall work involving exposure to the riskthe skin caused by tar, pitch,concernedbitumen, mineral oil, anthracene, or the compounds, products or residues of these substances9diseases caused by the toxicall work involving exposure to the riskhalogen derivatives of hydroconcernedcarbons (of the aliphatic and aromatic series)10diseases caused by carbonall work involving exposure to the riskdisulphideconcerned11occupational cataract due to infra-all work involving exposure to the riskred radiationsconcerned12diseases caused by manganeseall work involving exposure to the riskor its toxic compoundsconcerned13skin diseases caused by physical,all work involving exposure to the riskchemical or biological agents notconcernedincluded in other items14hearing impairment caused byall work involving exposure to the risknoiseconcerned15poisoning by dinitrophenol or aall work involving exposure to the riskhomologue or by substitutedconcerneddinitrophenol or by the salts of such substances16diseases caused by beryllium orall work involving exposure to the riskits toxic compoundsconcerned17diseases caused by cadmium orall work involving exposure to the riskits toxic compoundsconcerned18occupational asthma caused byall work involving exposure to the riskrecognised sensitising agentsconcernedinherent to the work process19diseases caused by fluorine orall work involving exposure to the riskits toxic compoundsconcerned20diseases caused by nitroglycerinall work involving exposure to the riskor other nitroacid estersconcerned21diseases caused by alcoholsall work involving exposure to the riskand ketonesconcerned22diseases caused by asphyxiants,all work involving exposure to the riskcarbon monoxide, and its toxicconcernedderivatives, hydrogen sulphide23lung cancer and mesotheliomasall work involving exposure to the riskcaused by asbestosconcerned(1)(2)(3)24primary neoplasm of the epithelialall work involving exposure to the risklining of the urinary bladder or theconcernedkidney or the ureter25snow blindness in snow boundall work involving exposure to the riskareasconcerned26disease due to effect of heat inall work involving exposure to the riskextreme hot climateconcerned27disease due to effect of cold inall work involving exposure to the riskextreme cold climateconcerned part c| 1 | pneumoconioses caused by | all work involving exposure to the risk ||-------------------------------------|--------------------------------------|-------------------------------------------|| sclerogenic mineral dust | concerned | || (silicoses, anthraoosilicosis, | | || asbestosis) and silico-tuberculosis | | || provided that silicosis is an | | || essential factor in causing the | | || resultant incapacity or death | | || 2 | bagassosis | all work involving exposure to the risk || concerned | | || 3 | bronchopulmonary diseases | all work involving exposure to the risk || caused by cotton, flax hemp and | concerned | || sisal dust (byssionsis) | | || 4 | extrinsic allergic alveelitis caused | all work involving exposure to the risk || by the inhalation of organic dusts | concerned | || 5 | bronchopulmonary diseases | all work involving exposure to the risk || caused by hard metals | concerned | || 6 | acute pulmonary oedema of high | all work involving exposure to the risk || altitude | concerned | | the fourth schedule [see sections 2(52) and 2(53)] part i list of injuries deemed to result in permanent total disablement| serial | description of injury | percentage of loss ||-------------------------------------------------------------|-----------------------------------------------------------|----------------------|| no | of earning capacity | || ( | 1 | ) || 1 | loss of both hands or amputation at higher sites | 100 || 2 | loss of a hand and a foot | 100 || 3 | double amputation through leg or thigh, or amputation | 100 || through leg or thigh on one side and loss of other foot | | || 4 | loss of sight to such an extent as to render the claimant | 100 || unable to perform any work for which eye-sight is essential | | || 5 | very severe facial disfigurement | 100 || 6 | absolute deafness | 100 | part iilist of injuries deemed to result in permanentpartial disablement1amputation through shoulder joint902amputation below shoulder with stump less than [2032 cms]80from tip of acromion3amputation form [2032 cms] from tip of acromion to70less than [1143 cms] below tip of olecranon4loss of a hand or of the thumb and four fingers of one hand60or amputation from [1143 cms] below tip of olecranon5loss of thumb306loss of thumb and its metacarpal bone407loss of four fingers of one hand508loss of three fingers of one hand309loss of two fingers of one hand2010loss of terminal phalanx of thumb2011guillotine amputation of tip of thumb without loss of bone10amputation cases—lower limbs12amputation of both feet resulting in end bearing stumps9013amputation through both feet proximal to the80metatarso phalangeal joint14loss of all toes of both feet through the metatarso-40phalangeal joint(1)(2)(3)15loss of all toes of both feet proximal to the proximal30inter-phalangeal joint16loss of all toes of both feet distal to the proximal inter-20phalangeal joint17amputation at hip9018amputation below hip with stump not exceeding [1270 cms]80in length measured from tip of great trenchanter19amputation below hip with stump exceeding [1270 cms]70in length measured from tip of great trenchanter but not beyond middle thigh20amputation below middle thigh to [889 cms] below knee6021amputation below knee with stump exceeding [889 cms]50but not exceeding [1270 cms]22amputation below knee with stump exceeding [1270 cms]5023amputation of one foot resulting in end bearing5024amputation through one foot proximal to the50metatarso-phalangeal joint25loss of all toes of one foot through the metatarso-phalangeal20jointother injuries26loss of one eye, without complications, the other being normal4027loss of vision of one eye, without complications or30disfigurement of eye-ball, the other being normal28loss of partial vision of one eye10loss of—a—fingers of right or left handindex finger 29whole1430two phalanges1131one phalanx0932guillotine amputation of tip without loss of bone05middle finger33whole1234two phalanges935one phalanx736guillotine amputation of tip without loss of bone4ring or little finger37whole738two phalanges6(1)(2)(3)39one phalanx540guillotine amputation of tip without loss of bone2b-toes of right or left footgreat toe41through metatarso-phalangeal joint1442part, with some loss of bone3any other toe43through metatarso-phalangeal joint344part, with some loss of bone1two toes of one foot, excluding great toe45through metatarso-phalangeal joint546part, with some loss of bone2three toes of one foot, excluding great toe47through metatarso-phalangeal joint648part, with some loss of bone3four toes of one foot, excluding great toe49through metatarso-phalangeal joint950part-with some loss of bone3 the fifth schedule [see section 15] matters that may be provided for in the schemesany scheme framed under section 15 may provide for any of the following matters:— part-a| | | | | serial no | matters on which the provident fund scheme may make provisions ||------------------------------------------------------------------------|----------------------------------------------------------------------|----|----|--------------|------------------------------------------------------------------|| ( | 1 | ) | ( | 2 | ) || 1 | the employees or class of employees who shall join the fund, and the | | | | || conditions under which employees may be exempted from joining the fund | | | | | || or from making any contribution | | | | | |2the time and manner in which contributions shall be made to the fund byemployers and by, or on behalf of, employees, (whether employed by him directly or by or through a contractor), the contributions which an employee may, if he so desires, make under section 16, and the manner in which such contributions may be recovered3the manner in which employees' contributions may be recovered bycontractors from employees employed by or through such contractors4the payment by the employer of such sums of money as may be necessary tomeet the cost of administering the fund and the rate at which and the manner in which the payment shall be made5the constitution of any committee for assisting any board of trustees6the opening of regional and other offices of any board of trustees7the manner in which accounts shall be kept, the investment of moneysbelonging to the fund in accordance with any directions issued or conditions specified by the central government, the preparation of the budget, the audit of accounts and the submission of reports to the central government, or to any specified state government8the conditions under which withdrawals from the fund may be permittedand any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture| 9 | the fixation by the central government in consultation with the boards of ||-------------------------------------------------------------------------------|-------------------------------------------------------------------------------|| trustees concerned of the rate of interest payable to members | || 10 | the form in which an employee shall furnish particulars about himself and his || family whenever required | || 11 | the nomination of a person to receive the amount standing to the credit of a || member after his death and the cancellation or variation of such nomination | || 12 | the registers and records to be maintained with respect to employees and the || returns to be furnished by employers or contractors | || 13 | the form or design of any identity card, token or disc for the purpose of || identifying any employee, and for the issue, custody and replacement thereof | || ( | 1 ||-----|---------------------------------------------------------------------------|| 14 | the fees to be levied for any of the purposes specified in this schedule |15the contraventions or defaults which shall be punishable under section 13516the further powers, if any, which may be exercised by inspector-cum-facilitators17the manner in which accumulations in any existing provident fund shall betransferred to the fund and the mode of valuation of any assets which may be transferred by the employers in this behalf18the conditions under which a member may be permitted to pay premia on lifeinsurance, from the fund19any other matter which is to be provided for in the scheme or which may benecessary or proper for the purpose of implementing the scheme part-b matters that may be provided for in the pension scheme1the employees or class of employees to whom the pension scheme shallapply2the portion of employers' contribution to the provident fund which shall becredited to the pension fund and the manner in which it is credited3the regulation of the manner in which and the period of service for which, nocontribution is received4the manner in which employees' interest will be protected against default inpayment of contribution by the employer5the manner in which the accounts of the pension fund shall be kept andinvestment of moneys belonging to pension fund to be made subject to such pattern of investment as may be determined by the central government6the form in which an employee shall furnish particulars about himself and themembers of his family whenever required7the forms, registers and records to be maintained in respect of employees,required for the administration of the pension scheme8the scale of pension and pensionary benefits and the conditions relating togrant of such benefits to the employees9the manner in which the exempted establishments have to pay contributiontowards the pension scheme and the submission of returns relating thereto10the mode of disbursement of pension and arrangements to be entered intowith such disbursing agencies as may be specified for the purpose11the manner in which the expenses for administering the pension scheme willbe met from the income of the pension fund12any other matter which is to be provided for in the pension scheme or whichmay be necessary or proper for the purpose of implementation of the pension scheme part-c matters that may be provided for in the employees' deposit-linked insurance scheme1the employees or class of employees who shall be covered by the insurancescheme(1)(2)2the manner in which the accounts of the insurance fund shall be kept andthe investment of moneys belonging to the insurance fund subject to such pattern of investment as may be determined, by order, by the central government3the form in which an employee shall furnish particulars about himself and themembers of his family whenever required4the nomination of a person to receive the insurance amount due to theemployee after his death and the cancellation or variation of such nomination5the registers and records to be maintained in respect of employees; the formor design of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount6the scales of insurance benefits and conditions relating to the grant of suchbenefits to the employees7the manner in which the amount due to the nominee or the member of thefamily of the employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970)8any other matter which is to be provided for in the employees' depositlinked insurance scheme or which may be necessary or proper for the purpose of implementing that scheme the sixth schedule [see section 76(b)]factors for working out lump sum equivalent of compensationamount in case of permanent disablement and deathcompleted years of age on the last birthday of thefactorsemployee immediately preceding the date on which the compensation fell due(1)(2)(3)not more than162285417227491822638192252220224002122271222213723219952421847252169126215282721357282117929209923020798312059532203853320166341994035197063619464371921438189563918690401841741181374217849(1)(2)(3)431755444172524516944461662947163074815980491564750153095114967521462053142685413913551355656131955712833581247059121056011741611137762110146310652641029365 or more9937 statement of objects and reasonsthe second national commission on labour, which submitted its report in june, 2002had recommended that the existing set of labour laws should be broadly amalgamated into the following groups, namely:––(a) industrial relations; (b) wages; (c) social security; (d) safety; and (e) welfare and working conditions2 in pursuance of the recommendations of the said commission and the deliberations made in the tripartite meeting comprising of the government, employers' and employees' representatives, it had been decided to bring the proposed legislation the proposed legislation intends to amalgamate, simplify and rationalise the relevant provisions of the following nine central labour enactments relating to social security, namely:––1 the employees' compensation act, 1923; 2 the employees' state insurance act, 1948; 3 the employees' provident funds and miscellaneous provisions act, 1952; 4 the employment exchanges (compulsory notification of vacancies) act, 1959; 5 the maternity benefit act, 1961; 6 the payment of gratuity act, 1972; 7 the cine workers welfare fund act, 1981; 8 the building and other construction workers welfare cess act, 1996; and 9 the unorganised workers' social security act, 20083 the amalgamation of the said laws will facilitate the implementation and remove the multiplicity of definitions and authorities without compromising the basic concepts of welfare and benefits to workers the proposed legislation, namely, the code on social security, 2019 would facilitate the use of technology ensuring transparency and accountability leading to effective enforcement of the provisions of the proposed legislation widening the scope of the benefits to the fixed term employees and facilitating ease of compliance of labour laws would be a big step towards equity and promote setting up of more enterprises thus catalysing the creation of employment opportunities4 the salient features of the code on social security, 2019, inter alia, are—(i) to extend the coverage of employees' state insurance to all establishments employing ten or more employees and to the employees working in establishments with less than ten employees on voluntary basis and also to plantations on option basis it further seeks to empower the central government to notify the applicability of the said coverage to establishments which carries on the hazardous or life threatening occupation irrespective of the number of workers employed therein;(ii) to extend the employees' provident fund, employees' pension scheme and employees deposit linked insurance scheme to all industries or establishments employing twenty or more employees and thereby expands the existing coverage;(iii) to make provision for specifying differential rates of employees' contribution for class of employees for employees' provident fund as the central government may notify for a specified period;(iv) to provide that the money dues shall be the charge on the assets of the employer and shall be paid on priority basis in accordance with the insolvency and bankruptcy code, 2016;(v) to provide that in case of employer's failure to register the employee with employees' state insurance corporation or failure to pay contribution and the employees' state insurance corporation releasing the benefits to the workers, then, such benefits shall be recovered from the employer;(vi) to empower the central government to frame schemes for providing social security, to the gig workers and platform workers who do not fall under traditional employer-employee relation;(vii) to empower the central government, by notification, to constitute a social security fund or funds for provision of social security for the unorganised workers, platform workers or gig workers or any such class of workers;(viii) to provide for payment of gratuity in case of fixed term employment on pro-rata basis even if the period of fixed term contract is less than five years;(ix) to provide for maternity benefit to the woman employee; (x) to provide for compensation to the employees in case of the accidents while commuting from residence to place of work and vice versa;(xi) to provide for levying and collecting the cess for the purposes of social security and welfare of building workers;(xii) to provide for limitation period of five years for institution of proceedings in respect of assessment and determination of money dues from employer;(xiii) to expand the sources of the fund for schemes to include funds from corporate social responsibility or any other source as may be specified in the scheme and also contains enabling provision for constituting the special purpose vehicle for the purpose of implementation of schemes for unorganised workers;(xiv) to provide for renaming the designation of inspector as inspector-cum-facilitator and to enhance his power to supply information and give advice to employers and workers concerning the most effective means of complying with the provisions of the proposed code;(xv) to provide for filing of a single return electronically or otherwise by the employer;(xvi) to provide that the interests charged on delayed payments under the provisions of the proposed code be specified in the rules;(xvii) to provide penalty for the different types of violations commensurate with the gravity of the violations;(xviii) to make aadhaar mandatory for seeding at the time of registration of member or beneficiary or any other person to register or for receiving benefit;(xix) to empower the appropriate government to exempt certain establishments from all or any of the provisions of the proposed code5 the notes on clauses explain in detail the various provisions contained in the bill 6 the bill seeks to achieve the above objectivesnew delhi;santosh gangwarthe 6th december, 2019 notes on clausesclause 1 of the bill seeks to provide for short title, extent, commencement and application of the proposed codeclause 2 of the bill seeks to define certain expressions used in the code, which inter alia, includes "appropriate government", "building worker", "employment injury", "factory", "permanent partial disablement", "permanent total disablement', "tribunal", etcclause 3 of the bill seeks to provide for registration of establishment to which the proposed code applies in the manner provided in the rulesclause 4 of the bill seeks to provide for the manner of constitution and composition of the central board of trustees for the purposes of chapter iii and the provisions of this proposed code relating to that chapterclause 5 of the bill seeks to provide for the manner of constitution and the composition of the employees state insurance corporation for the purposes of chapter iv and the provisions of this proposed code relating to that chapterclause 6 of the bill seeks to provide for the manner of constitution, composition and functions of the national social security board for unorganised workers and also for the constitution of state unorganised workers boardclause 7 of the bill seeks to provide for the manner of constitution, composition and function of the state building and other construction workers' welfare boardclause 8 of the bill seeks to provide the conditions which leads to disqualification and removal of a member of any social security organisationclause 9 of the bill seeks to provide for the procedure of social security organisation relating to their meetings, functions and allowancesclause 10 of the bill seeks to provide that the central provident fund commissioner and the director general shall not undertake any work unconnected with their office without prior approval of the central governmentclause 11 of the bill seeks to provide for the supersession of the corporation, the central board of trustees, the unorganised workers' national social security board or the state unorganized workers social security board by the central or state government as the case may beclause 12 of the bill seeks to provide for the constitution of state board, regional board, local committees, etcclause 13 of the bill seeks to provide for entrustment of additional functions by the central government to social security organisationsclause 14 of the bill seeks to provide for appointment of officers of the central board by the central governmentclause 15 of the bill seeks to provide for framing of schemes, such as the employees'provident fund scheme, employees' pension scheme, and employees' deposit linked insurance schemeclause 16 of the bill seeks to provide for establishment of the funds by the central government with respect to schemesclause 17 of the bill seeks to provide regarding contribution in respect of employees and contractorsclause 18 of the bill seeks to provide for fund to be recognised under the income tax act, 1961clause 19 of the bill seeks to provide priority of payment of contributions over other debtsclause 20 of the bill seeks to provide non-applicability chapter iii to certain establishments clause 21 of the bill seeks to provide authorization to certain employers to maintain provident fund accountsclause 22 of the bill seeks to provide transfer of accounts where the employee relinquishes his employment and obtains employment in any other establishmentclause 23 of the bill seeks to provide for appeal to tribunal for matters specified thereinclause 24 of the bill seeks to provide appointment of principal officers and other staff of the corporationclause 25 of the bill seeks to provide for payment of all contributions and other moneys received in the employees' state insurance fund and its administration thereofclause 26 of the bill seeks to provide the purposes for which the employees' state insurance fund may be expended for the purposes specified thereinclause 27 of the bill seeks to provide for acquiring and holding of property, sale or otherwise transfer of property both movable and immovable by the corporationclause 28 of the bill seeks to provide for insurance of all employees in the establishments where provisions of this proposed code shall applyclause 29 of the bill seeks to provide for contribution payable by the employer and the employee to be paid to the corporationclause 30 of the bill seeks to provide administrative expenses and percentage of income of corporation which may be spent for such expensesclause 31 of the bill seeks to provide for payment of contribution by employers and recovery of contribution from the contractor, if paid by him and shall bear the expenses of remitting the contributions to the corporation clause 32 of the bill seeks to provide for benefits mentioned specified in this clause to the insured persons, their dependents etc which includes periodical payments to any insured person in case of his sickness, periodical payments to an insured person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified by regulationsclause 33 of the bill seeks to provide power of corporation to promote measures for improvement of the health and welfare of insured persons and for the rehabilitation and reemployment of insured personsclause 34 of the bill seeks to provide presumption as to accident arising in course of employmentan accident happening to an employee in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperiled, or to avert or minimise serious damage to property an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is establishedclause 35 of the bill seeks to provide happening of accidents while acting in breach of law, etcan accident shall be deemed to arise out of and in the course of an employee's employment if the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be or the act is done for the purpose of and in connection with the employer's trade or businessclause 36 of the bill seeks to provide a list of ooccupational disease specified in the third schedule of the proposed code the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury" arising out of and in the course of employmentclause 37 of the bill seeks to provide references to medical board to insured persons related to permanent disablement, lose of earning capacity etc as mentioned thereinthe case of any insured person for permanent disablement benefit shall be referred by the corporation to a medical board for determination of the disablementany decision of a medical board may be reviewed at any time by the medical board if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or mis representation by the employee or any other person of a material fact if the insured person or the corporation is aggrieved by any decision of the medical board, the insured person or the corporation, as the case may be, may appeal to the medical appeal tribunal in the manner specified in the regulations or directly to the employees' insurance courtsclause 38 of the bill seeks to provide dependents' benefit if an insured person dies as a result of an employment injury sustained as an employee (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury) dependants' benefit shall be payable to his dependents at such rates and for such periods and subject to such conditions as may be prescribed by the central governmentclause 39 of the bill seeks to provide medical benefitan insured person or (where such medical benefit is extended to his family) a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefitan insured person who has attained the age of superannuation, a person who retires under a voluntary retirement scheme or takes premature retirement, and his spouse shall be eligible to receive medical benefits subject to payment of contribution and such other conditions as may be specified in the regulations the corporation may establish medical colleges, dental colleges, nursing colleges and training institutes for its officers and staff with a view to improve the quality of services provided under the employees' state insurance schemeclause 40 of the bill seeks to provide for medical treatment by state government or by the corporationthe state government shall provide for insured persons and (where such benefit is extended to their families) their families in the state, reasonable medical, surgical and obstetric treatment the corporation may enter into agreement with any local authority, private body or individual in regard to the provision of medical treatment and attendance for insured persons and (where such medical benefit is extended to their families) their families, in any area and sharing the cost thereof clause 41 of the bill seeks to providegeneral provisions of the benefitsa person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this chapter, and shall carry out the instructions given by the medical officer or medical attendant in-charge thereofclause 42 of the bill seeks to provide the rights of corporation, when an employer fails to register or neglects to insure an employee or neglects to pay any contribution,the corporation may, on being satisfied in the manner prescribed by the central government that the benefit is payable to the employee, pay to the employee benefit at such rate to which he is entitled or would have been entitled if the failure or neglect would not have occurred, and the corporation shall be entitled to recover from the employer, subject to the employer being given an opportunity of being heard, the capitalized value of the benefit paid to the employee, to be calculated in such manner as may be prescribed by the central governmentclause 43 of the bill seeks to provide liability of owner or occupier of factories, etc, for excessive sickness benefitwhere the corporation considers that the incidence of sickness among insured persons is excessive by reasons of insanitary working conditions in a factory or other establishment, insanitary conditions of any tenements or lodgings occupied by insured personsthen, the corporation may send to the owner or occupier of the factory or other establishment ,as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the corporation as sickness benefitclause 44 of the bill seeks to provide for schemes for other beneficiaries the central government may, in consultation with the corporation, and by notification, frame scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is under utilised on payment of user chargesother beneficiaries "mean persons other than employees insuredclause 45 of the bill seeks to provide for schemes for un organised workers, gig workers and platform workers the central government may, in consultation with the corporation, and by notification, frame scheme for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under chapter-iv by the corporationclause 46 of the bill seeks to provide for exemption of factories or other establishments belonging to government or any local authoritythe appropriate government may, after consultation with the corporation, by notification and subject to such conditions as may be specified in the notification, exempt any factory or other establishment belonging to any local authority, from the operation of chapter iv, if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under chapter-ivclause 47 of the bill seeks to provide for contributions, etc, due to corporation to have priority over other debts any amount due under chapter-iv relating to employees state insurance shall be the first charge on the assets of the establishment to which it relates and shall be paid in priority to all other debtsclause 48 of the bill seeks to provide for constitution of employees' insurance court by state government by notificationclause 49 of the bill seeks to provide for the matters specified in therein, to be decided by employees' insurance courtclause 50 of the bill seeks to provide for the powers of employees' insurance court which shall have all the powers of a civil court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence an order of the employees' insurance court shall be enforceable as if it were a decree passed in a suit by a civil courtclause 51 of the bill seeks to provide for the proceedings of employees' insurance courts, manner of commencement of proceedings before that court but, and the time limit of filing, fees and procedure thereof shall be such as may be provided by rules by the state governmentclause 52 of the bill seeks to provide for appeals from orders of employees' insurance courts no appeal shall lie from an order of an employees' insurance court but, an appeal shall lie to the high court from an order of an employees' insurance court, if it involves a substantial question of lawclause 53 of the bill seeks to provide for eligibility for payment of gratuity gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, on his superannuation; or on his retirement or resignation; or on his death or disablement due to accident or disease; or on termination of his contract period under fixed term employment; or on happening any such event as may be notified by the central governmentthe completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement or expiration of fixed term employment or happening of any such event as may be notified by the central governmentclause 54 of the bill seeks to define continuous service for the purpose of payment of gratuity an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this proposed codeclause 55 of the bill seeks to provide manner of nomination each employee, who has completed one year of service, shall make, a nomination within such time, in such form and in such manner, as may be provided by rules by the appropriate government a nomination may be modified by an employee at any time, after giving to his employer a written intimation in such form and in such manner as may be provided by rule by the appropriate government, of his intention to do soclause 56 of the bill seeks to provide for determination and payment of amount of gratuity as soon as gratuity becomes payable, the employer shall determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the competent authority specifying the amount of gratuity so determinedthe employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payableclause 57 of the bill seeks to provide for compulsory insurancewith effect from such date as may be notified by the appropriate government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government, shall obtain an insurance in the manner provided by rules by the central government, for his liability for payment towards the gratuity, from any insurance company regulated by the authority as defined under clause (b) of the insurance regulatory and development authority of india act, 1999clause 58 of the bill seeks to provide for the appointment of competent authority the appropriate government may, by notification, appoint any person having such qualifications and experience as may be provided by rules, by the central government to be a competent authority for implementation of any provision of chapter-v for such area as may be specified in the notificationclause 59 of the bill seeks to provide for prohibition of employment of, or work by, women during certain periodno employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy no woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancyclause 60 of the bill seeks to provide for right to payment of maternity benefit every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day,if she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected date of her deliverythe maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeksclause 61 of the bill seeks to provide for continuance of payment of maternity benefit in certain cases this clause entitles every woman eligible to the payment of maternity benefit under chapter-vi relating to maternity benefit continue to be so entitled until she becomes qualified to claim maternity benefit under the provision of the proposed code relating to employees state insurance irrespective of the fact that she is employed to the factory or other establishment to which the provisions relating to employees state insurance appliesclause 62 of the bill seeks to provide for notice of claim for maternity benefit and payment thereof any woman employed in an establishment and entitled to maternity benefit under the provisions of chapter-vi relating to maternity benefit may give notice in writing in such form as may be provided by rules by central government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled, paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit the failure to give notice under this clause shall not disentitle a woman to maternity benefit or any other amount under the said chapter if she is otherwise entitled to such benefit or amountclause 63 of the bill seeks to provide for payment of maternity benefit in case of death of a woman before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given and in case there is no such nominee, to her legal representativeclause 64 of the bill seeks to provide for payment of medical bonus of three thousand five hundred rupees or such amount as may be notified by central government from her employer, if no pre-natal confinement and post-natal care is provided for by the employer free of chargeclause 65 of the bill seeks to provide for leave for miscarriage, medical termination of pregnancy, tubectomy operation, suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy on production of such proof as may be prescribed by rules by the central governmentclause 66 of the bill seeks to provide for nursing breaks every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work, two breaks of such duration as may be prescribed by rules by the central government, for nursing the child until the child attains the age of fifteen monthsclause 67 of the bill seeks to provide for creche facility in every establishment where fifty employees or such number of employees as may be prescribed by central government, are employedthe employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her the employer shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under chapter-vi relating to maternity benefitclause 68 of the bill seeks to provide for dismissal for absence during pregnancywhen a woman absents herself from work in accordance with the provisions of chapter-vi, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her serviceclause 69 of the bill seeks to provide for no deduction of wages in certain cases no deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of chapter-vi relating to maternity benefit shall be made by reason only of the nature of work assigned to her or breaks for nursing the child allowed to her under the relevant provisionsclause 70 of the bill seeks to provide for forfeiture of maternity benefit to a woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefitclause 71 of the bill seeks to provide for duties of employer an abstract of the provisions of chapter-vi and the rules relating thereto in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employedclause 72 of the bill seeks to provide for power of inspector-cum-facilitator to direct payments to be made to a women, maternity benefit or any other amount to which she is entitled under chapter-vi relating to maternity benefit and any person claiming that payment due under the said chapter has been improperly withheld or her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of the said chapter the inspector-cum-facilitator may, on receipt of a complaint, make an inquiry or cause an inquiry and pass such orders as he deems just and proper according to the circumstances of the caseclause 73 of the bill seeks to provide for reports of fatal accidents and serious bodily injuries to competent authority a notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death or serious bodily injury, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injuryclause 74 of the bill seeks to provide for employer's liability for compensation if personal injury is caused to an employee by accident or an occupational disease listed in the third schedule arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of chapter viiclause 75 of the bill seeks to provide for compensation in case of death of or injury in plantation if death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensationclause 76 of the bill seeks to provide for the manner of calculation of amount of compensation to be paid in case of death, permanent total disablement, permanent partial disablement or temporary disablement resulting from the injury the employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer if the injury of the employee results in his death, the employer shall, in addition to the compensation deposit with the competent authority a sum of not less than fifteen thousand rupees for payment of the same to the eldest surviving dependent of the employee towards the expenditure of the funeral of such employeeclause 77 of the bill seeks to provide for compensation to be paid when due and damages for default as soon as it falls due in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts where any employer is in default in paying the compensation within one month from the date it fell due, the competent authority shall direct that the employer in addition to the amount of the arrears, pay interest at rates specified in the rules if there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent of such amount of arrears by way of damagesclause 78 of the bill seeks to provide for method of calculating monthly wages for purposes of compensation for the purposes of calculation of compensation, the expression "monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates) clause 79 of the bill seeks to provide for review of half-monthly payment payable under chapter-vii relating to employee compensation any half-monthly payment payable under this chapter, either under an agreement between the parties or under the order of a competent authority, may be reviewed by the competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitionerclause 80 of the bill seeks to provide for commutation of half-monthly payments on the application of either party to the competent authority half-monthly payments may be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authorityclause 81 of the bill seeks to provide for distribution of compensation in respect of an employee whose injury has resulted in death no payment of compensation in respect of an employee whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensationthe employer may make to any dependent advances on account of compensation of an amount equal to three months' wages of such employee on the deposit of any money as compensation in respect of a deceased employee, the competent authority shall cause notice to be published or to be served on each dependent, calling upon the dependents to appear before him on such date as he may fix for determining the distribution of the compensationclause 82 of the bill seeks to provide for notice of the accident and claim no claim for compensation shall be entertained by a competent authority unless notice of the accident has been given in the manner as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death the competent authority may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time ,if he is satisfied that the failure so to give the notice or prefer the claim, was due to sufficient causeclause 83 of the bill seeks to provide for special provisions relating to accidents occurring outside indian territory in the case of employees who are masters of ships or seamen or captain and other members of crew of aircraft, persons recruited by companies registered in india and working as such abroad, persons sent for work abroad along with motor vehicles registered under the motor vehicles act, 1988 as drivers, helpers, mechanics, cleaners or other employeesclause 84 of the bill seeks to provide for free medical examination an employee who has given notice of an accident, he, shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner, submit himself for such examination, and any employee who is in receipt of a half-monthly payment under chapter-vii shall, if so required, submit himself for such examination from time to timeclause 85 of the bill seeks to provide for compensation in case of contracting the workwhere any employer in the course of or for the purposes of his trade or business contracts with contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer, the employer shall be liable to pay to any employee employed in the execution of the work any compensation, which he would have been liable to pay if that employee had been immediately employed by himwhere the employer is liable to pay compensation, he shall be entitled to be indemnified by the contractorclause 86 of the bill seeks to provide for remedies of employer against strangerwhere an employee has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid, the person by whom the compensation was paid shall be entitled to be indemnified by the person so liable to pay damagesclause 87 of the bill seeks to provide for liability in case of insolvency of employerwhere any employer has entered into a contract with any insurers in respect of any liability under chapter-vii relating to compensation to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employerclause 88 of the bill seeks to provide for power to require statements regarding fatal accidents from employers where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment, he may send a notice to the employee's employer requiring him to submit, within thirty days, a statement, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority to the dependents of such employee ascertained by the competent authority where in the opinion of the competent authority, a dependent of the deceased employee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependentclause 89 of the bill seeks to provide for registration of agreements where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability, a memorandum thereof shall be sent by the employer to the competent authority, who shall, on being satisfied as to its genuineness, record the memorandum in a register an agreement for the payment of compensation which has been registered shall be enforceable under the proposed codeclause 90 of the bill seeks to provide for reference to competent authority if any question arises in any proceedings as to the liability of any person to pay compensation or as to whether a person injured is or is not an employee or as to the amount or duration of compensation or as to the nature or extent of disablement, the question shall be settled by a competent authority no civil court shall have jurisdiction to settle, decide or deal with any question which is required to be settled, decided or dealt with by a competent authorityclause 91 of the bill seeks to provide for qualification and appointment of competent authority the state government may, by notification, appoint any person who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by the central government to be a competent authority for employee's compensationclause 92 of the bill seeks to provide for venue of proceedings and transfer where any matter related with compensation to be done by or before a competent authority, the same shall be done by or before the competent authority for the area in which, the accident took place which resulted in the injury or the employee or in case of his death, the dependant claiming the compensation ordinarily resides or the employer has his registered office if a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, order such matter to be transferred to such other competent authorityclause 93 of the bill seeks to provide for form of application for claim of compensationan application to a competent authority for claim under or settlement may be made electronically or otherwise in such form and in such manner accompanied by such fee, if any, as may be prescribed by rules by the central governmentclause 94 of the bill seeks to provide for power of competent authority to require further deposit in cases of fatal accident, from the employer as compensation payable , if in the opinion of the competent authority that such sum is insufficient, the competent authority may, by notice in writing state his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the noticeclause 95 of the bill seeks to provide for powers and procedure of competent authoritythe competent authority shall have all the powers of a civil court under the code of civil procedure, 1908, for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objectsclause 96 of the bill seeks to provide for appearance of parties before the competent authority any appearance, application or act required to be made or done by any person before or to a competent authority may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade union or by an inspector-cum-facilitator or by any other officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorisedclause 97 of the bill seeks to provide for method of recording evidence before the competent authority the competent authority shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authorityclause 98 of the bill seeks to provide for power to submit cases a competent authority may, if he thinks fit, submit any question of law for the decision of the high court and, if he does so, shall decide the question in conformity with such decisionclause 99 of the bill seeks to provide for appeal an appeal shall lie to the high court from the orders of a competent authority on the matters specified in this clause no appeal by an employer shall lie unless the memorandum of appeal is accompanied by a certificate by the competent authority to the effect that the appellant has deposited with him the amount payable under the order appealed against the period of limitation for an appeal shall be sixty daysclause 100 of the bill seeks to provide for levy and collection of cess in respect of building and other construction workers there shall be levied and collected a cess for the purposes of social security and welfare of building workers at such rate not exceeding two per cent but not less than one per cent of the cost of construction incurred by an employerclause 101 of the bill seeks to provide for interest payable on delay in payment of cess on building or other construction work if any employer fails to pay any amount of cess payable within specified time, such employer shall be liable to pay interest as may be specified in the rules for the period from the date on which such payment is due till such amount is actually paidclause 102 of the bill seeks to provide for the power to exempt from cess on building or other construction work the central government may, by notification, exempt any employer or class of employers in a state from the payment of cess payable, where such cess is already levied and payable under any corresponding law in force in that stateclause 103 of the bill seeks to provide for self-assessment of cess by the employeremployer shall after completion of his each building and other construction work, pay such cess by adjusting the advance cess already paid on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and after such payment of cess, he shall file a returnclause 104 of the bill seeks to providepenalty for non-payment of cess within the specified time if any amount of cess payable by any employer is not paid within the date specified in the order of assessment, it shall be deemed to be in arrears and the authority prescribed by the central government in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cessclause 105 of the bill seeks to provide for appeal by the employer any employer aggrieved by an order of assessment or by an order imposing penalty may, within such time as may be provided in the rules by the central government, appeal to such appellate authority in such form and in such manner as may be provided in the rules by the central government every order passed in appeal under this section shall be final and shall not be called in question in any court of lawclause 106 of the bill seeks to provide for registration of building workers as beneficiaries every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the board as a beneficiary under chapter-viii relating to building and other construction in such manner as may be provided in the rules by the central governmentclause 107 of the bill seeks to provide for cessation as a beneficiarya building worker who has been registered as a beneficiary shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a yearclause 108 of the bill seeks to provide for building and other construction workers'welfare fund and its application the fund shall be constituted by the board to be called the building and other construction workers' welfare fund it shall be credited with the amount of any cess levied, any grants and loans made to the board by the central government or any sum received by the board the fund shall be applied for meeting expenses of the national social security board in discharge of its functions, salaries, allowances and other remuneration of the members, officers and other employees for the board not exceeding five percent of total expense and on objects and for purposes authorised by the proposed codeclause 109 of the bill seeks to provide for framing of schemes and constitution of social security fund for unorganised workers gig workers' platform workers, etc the central government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers (including audio visual workers, beedi workers, non-coal workers) on matters relating to life and disability cover, health and maternity benefits, old age protection, education, housing, etcthe state government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to provident fund, employment injury benefit, housing, educational schemes for children, skill up gradation of workers, funeral assistance and old age homesa special purpose vehicle may also be constituted by the central government for the purpose of implementation of such schemeclause 110 of the bill seeks to provide for funding of schemes notified by the state government any scheme notified by the state government may be wholly funded by the state government, partly funded by the state government, partly funded through contributions collected from the beneficiaries of the scheme or the employers, funded from any source including corporate social responsibility fund the central government may provide such financial assistance to the state governments for the purpose of schemes for such period and on such terms and conditions as it may deem fitclause 111 of the bill seeks to provide for keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintainedclause 112 of the bill seeks to provide for setting-up of workers facilitation centresthe central government or the state government may set-up workers facilitation centres to perform the functions such as disseminate information on available social security schemes, facilitate filling, processing and forwarding of application forms for registration of unorganised worker and facilitate the enrolment of the registered unorganised workers in social security schemesclause 113 of the bill seeks to provide for registration of unorganised worker for social security every unorganised worker shall be eligible for registration if he has completed sixteen years of age or such age and he has submitted a self-declaration electronically or otherwise in such form, in such manner and to such authority containing such information as may be required a registered unorganised worker shall be eligible to avail the benefit of a scheme on making such contribution, if anyclause 114 of the bill seeks to provide for framing of scheme for gig workers and platform workers the central government shall formulate and notify, from time to time, suitable welfare schemes for gig workers and platform workers on the matter relating to life and disability cover, health and maternity benefits, old age protection, etcclause 115 of the bill seeks to provide for maintenance of proper accounts of income and expenditure of each of the social security organisations in a manner as the appropriate government may, after consultation with the comptroller and auditor-general of india, specifyclause 116 of the bill seeks to provide for audit the accounts of each of the social security organisations shall be audited annually by the comptroller and auditor-general of indiaclause 117 of the bill seeks to provide for budget estimates of the social security organisations each of the social security organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate government before the date as may be fixed by it in that behalfclause 118 of the bill seeks to provide for the annual report each of the social security organisations shall submit to the appropriate government an annual report of its work and activities along with the budget finally adopted by it a copy of the annual report, budget and the audited accounts together with the report of the comptroller and auditor- general of india and the comments of the respective social security organisation thereon shall be laid before each house of parliament or the state legislature, as the case may be by the appropriate governmentclause 119 of the bill seeks to provide for valuation of assets and liabilities each of the fund maintained by a social security organisation or by an establishment under the proposed code shall have a valuation of its assets and liabilities made by a valuer or actuaryclause 120 of the bill seeks to provide for holding of property, etc by the social security organisation, subject to such conditions as may be prescribed by the appropriate government, acquire and hold property, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it,invest any moneys vested in it,raise loans and take measures for discharging such loans and do all things necessary for such purposes and for the purposes for which the said social security organisation is establishedclause 121 of the bill seeks to provide for writing off of losseswhere any of the social security organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under the proposed code, is irrecoverable, the concerned social security organisation may sanction the writing off of the said amount in such manner as provided in the rules by the appropriate governmentclause 122 of the bill seeks to provide for appointment of inspector-cum-facilitators, their powers and design of inspection scheme the central government for the purposes of chapter iii ie employee provident fund and chapter iv ie employees state insurance corporation and the provisions in the proposed code relating to those chapters, and the appropriate government for the purposes of other provisions of the proposed code, may, by notification, appoint inspector-cum-facilitatorsthe inspector-cum-facilitator may give advice to employers and employees relating to compliance with the provisions of the proposed code, inspect the establishments as assigned to him subject to the instructions or guidelines issued by the appropriate government from time to timeclause 123 of the bill seeks to provide for maintenance of records, registers, returns,display notices at the work places,issue wage slips, etc by the employeran employer of an establishment shall maintain records and registers in the form electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as provided in the rules by the appropriate governmentclause 124 of the bill seeks to provide that the employer shall not reduce the wages of the employees with the reason only to meet his liability for the payment of any contribution under the proposed code, or any charges thereunderclause 125 of the bill seeks to provide for assessment and determination of money dues from employer the central government may, by notification, authorise, such officers of the central board or the corporation, as the case may be, not below the rank of group 'a' officer of that government, to function as the authorised officers for the purposes of determine the amount due from any employer,conduct such inquiry and decide the dispute regarding the applicability of chapters relating to employee provident fund or employees state insurance corporationclause 126 of the bill seeks to provide for the review of orders passed by the authorised officer any person considering himself aggrieved by orders passed by the authorised officer, but from which no appeal has been preferred, may apply for a review of that order to the authorised officer who made the order if the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the order was made the authorised officer may also on his own motion, review his order if he is satisfied that it is necessary so to do in the interest of justiceclause 127 of the bill seeks to provide for appeal against the order of the authorised officerif an employer is not satisfied with the order made by authorised officer, he may prefer an appeal to an appellate authority as may be provided in the rules by the central government, within sixty days of the date of such order only after depositing twenty-five per cent of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the concerned social security organisationclause 128 of the bill seeks to provide for determination of escaped amountsuch determination shall be made where the authorised officer has reason to believe that by reason of the omission of failure on the part of the employer to make any document or report available or to disclose fully and truly or material facts necessary for determining the correct amount due from the employer any amount so due from such employer for any period has escaped his notice and in case of other escape as specified in detail in the clauseclause 129 of the bill seeks to provide for interest on amount duethe employer shall be liable to pay simple interest at such rate as may be specified in the rules from the date on which any amount has become due under the proposed code till the date of its actual paymentclause 130 of the bill seeks to provide for power to recover damageswhere an employer makes default in the payment of any contribution which he is liable to pay in accordance with the provisions of the proposed code, the central provident fund commissioner of the central board or the director general of the corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate government, may levy on, and recover from, the employer by way of damages, an amount not exceeding the amount of arrears after giving an opportunity to employer of being heardclause 131 of the bill seeks to provide for recovery of amount due any amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount may, if the amount is in arrear, be recovered in the specified mannerthe authorised officer, or the competent authority, as the case may be, shall issue, to the recovery officer, a certificate under his signature specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishmentclause 132 of the bill seeks to provide for the validity of certificate and its amendmentwhen the authorised officer or the competent authority issues a certificate to a recovery officer, it shall not be open to the employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the recovery officerclause 133 of the bill seeks to provide for other modes of recovery such mode includes the power of the central provident fund commissioner or the director general of the corporation or any other officer of the social security organisation to require a person to whom the person who is in arrears of the employer to deduct from amount of arrears due, and such person shall comply with any such requisition and to pay the sum so deducted to the credit of central provident fund commissioner or the director general of the corporation, as the case may be, or any other person who is authorised in this behalfclause 134 of the bill seeks to provide for application of certain provisions of incometax act, 1961 the provisions of the second and third schedules to the income-tax act and the income-tax (certificate proceedings) rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the arrears of the amount mentioned in the proposed code instead of to the income-taxclause 135 of the bill seeks to provide penalty for failure of pay contribution, etc the penalties specified in the clause are inconsonance with the gravity of the offencesclause 136 of the bill seeks to provide for enhanced punishment in certain cases after previous convictionwhoever, having been convicted by a court of an offence punishable under this proposed code, commits the same offence for second, or subsequent offence, shall be punishable with imprisonment for a term which may extend to two years and with fine of two lakhs rupees where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation under this proposed code, he shall be punishable with imprisonment for a term which may extend to five years but which shall not be less than two years and shall also be liable to fine of three lakhs rupeesclause 137 of the bill seeks to provide for offences by companieswhere an offence under chapter xii has been committed by a company, every person who, at the time the offence was committed, was directly 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 accordinglyclause 138 of the bill seeks to provide for cognizance of offences by court no court shall take cognizance of an offence punishable under the proposed code except on a complaint made by such officer or other person as may be prescribed for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under the proposed code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of the proposed code, by the appropriate governmentclause 139 of the bill seeks to provide for prior opportunity to employer for compliance before prosecution before initiation of prosecution proceeding against an employer for any offence under the proposed code, an opportunity shall be given to the employer to comply with the aforesaid relevant provisions by way of a written direction if the employer complies with the direction then, no such proceeding shall be initiated against the employerclause 140 of the bill seeks to provide for compounding of offences as provided under the said clauseclause 141 of the bill seeks to provide for regarding reporting of vacancies to career centres the appropriate government may, by notification, require that from such date as may be specified in the notification, the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment shall report that vacancy to such career centre as may be specified in the notification it shall not be obligation upon any employer to recruit any person through the career centre to fill any vacancy merely because such vacancy has been reportedclause 142 of the bill seeks to provide for exclusions of certain employment from the application of chapter xiii this chapter shall not apply in respect of vacancies relating to in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation, and employment as agriculture or farm machinery operatives, in any employment in domestic service, in any employment connected with the staff of parliament or any state legislature, etcclause 143 of the bill seeks to provide for application of aadhaar for registration as member or beneficiary, seeking benefit whether in kind, cash or medical sickness benefit or pension, gratuity or maternity benefit or any other benefit or for withdrawal of fund, receiving any payment or medical attendance as insured person himself or for his dependents, under the proposed code or rules, regulations or schemes made or framed thereunder has to establish his identity or the identity of his family members or dependents through aadhaar numberclause 144 of the bill seeks to provide for power of appropriate government to exempt establishment the appropriate government may, by notification, and subject to the conditions which may include the eligibility conditions to be fulfilled prior to exemption and the conditions to be complied with after exemption, as may be prescribed by the central government in this behalf, grant exemption to an establishment or class of establishments or employees or class of employees, from any or all of the provisions of the proposed code as may be specified in the notification and may renew for further period such exemption by like notification no such exemption shall be granted or renewed without prior consultation with the central board or without prior consultation with the corporationclause 145 of the bill seeks to provide for liability in case of transfer of establishmentwhere an employer transfers his establishment in whole or in part, by sale, gift, lease or license or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under this proposed code in respect of the periods up to the date of such transferclause 146 of the bill seeks to provide for the members, officers and staff of social security organisation, any inspector-cum-facilitator, competent authority, authorised officer, recovery officer and any other person discharging any function under the proposed code shall be deemed to be a public servant within the meaning of section 21 of the indian penal codeclause 147 of the bill seeks to provide for protection of a person or authority from legal proceeding if action is taken in good faith in pursuance of the proposed codeclause 148 of the bill seeks to provide for misuse of benefits in case the appropriate government is satisfied that any establishment or any person has misused the benefit provided under the proposed code then, the appropriate government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notificationclause 149 of the bill seeks to provide for power of central government to give directions the central government may give directions to the social security organisations in respect of matters relating to the implementation of the provisions of this proposed codeclause 150 of the bill seeks to provide for power of the appropriate government to frame schemes the appropriate government may, subject to the condition of previous publication, frame schemes not inconsistent with this proposed code, for the purposes of giving effect to the provisions thereofclause 151 of the bill seeks to provide for protection against attachment of amount, etc the amount standing to be credited in favour of the employee under relevant chapters or, of any member in the fund, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by such employee or member or the exempted employeeclause 152 of the bill seeks to provide for power to amend schedules the central government may, by notification amend first, fourth, fifth and sixth schedules by way of addition or deletion therein and upon such addition or deletion, the said schedule shall stand to have been amended accordingly similarly, the appropriate government may amend the second or third schedules by way of addition to the said schedulesclause 153 of the bill seeks to provide for power of central government to make rulesthe appropriate government may, by notification, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed codeclause 154 of the bill seeks to provide for power of make rules the central government may, by notification, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed codeclause 155 of the bill seeks to provide for power of state government to make rulesthe state government may, by notification, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed codeclause 156 of the bill seeks to provide for power of corporation to make regulationsthe corporation may, by notification, and subject to the condition of previous publication, make regulations, not inconsistent with this proposed code and the rules and schemes made or framed thereunder, for the administration of the affairs of the corporation and for carrying into effect the provisions of chapter-iv and the provisions of this proposed code relating to that chapterclause 157 of the bill seeks to provide for prior publication of rules, regulations, etcthe purpose of such publication is to obtain the objections and suggestions of the persons affected and to consider those objections and suggestions before the rules, regulations are finalisedclause 158 of the bill seeks to provide for rules to give effect to arrangements with other countries for transfer of money the central government may, by notification, make rules for the transfer to any foreign country of money deposited with a competent authority under chapter vii relating to employees compensation, which has been awarded to or may be due to, any person residing or about to reside in such foreign countryclause 159 of the bill seeks to provide for laying of rules, regulations and schemes, etc every rule, regulation, notification and scheme made, issued or framed by the central government or the corporation, as the case may be, under this proposed code shall be laid, as soon as may be after it is made, issued or framed, before each house of parliament every rule and scheme made or framed, and every notification issued by, the state government under this proposed code, shall be laid as soon as may be after it is made or framed or issued before the state legislaturesclause 160 of the bill seeks to provide for effect of laws and agreements inconsistent with the proposed code such provision is required to give the overriding effect for smooth implementation of the provisions of the proposed codeclause 161 of the bill seeks to provide for delegation of powers the a ppropriate government, may, by notification, direct that all or any of the powers and functions which may be exercised or performed by that government, may, in relation to such matters and subjects in such conditions, be also exercisable by the board, corporation or any officer or authority as specified in the said clauseclause 162 of the bill seeks to provide for power of central government to remove difficulties by order, published in the official gazette such order shall not be made after the expiry of a period of two years from the commencement of this proposed codeclause 163 of the bill seeks to provide for repeal and savings the enactments which are being repealed are enumerated in the said clause further, anything done or any action taken under the enactments to be repealed under the said clause including any rule, regulation, notification (including the notifications issued by the state governments), schemes, appointment, order or direction made thereunder or any benefit provided or given under any provision of the enactments so repealed, rules, regulations, notifications or schemes made thereunder for any purpose have been saved to the extent they are not contrary to the provisions of the proposed code, till they are repealed under the corresponding provisions of the proposed code it also provides that the central board and the executive committee constituted under the employees' provident funds and miscellaneous provisions act, 1952 so repealed and the corporation, standing committee and the medical benefit council constituted under the employees' state insurance act, 1948 so repealed shall remain so constituted and discharge respectively the functions and exercise the powers of the central board, executive committee, corporation, standing committee and medical benefit committee under the proposed code, till such central board, executive committee, corporation, standing committee and medical benefit committee are constituted in accordance with the provisions of the proposed code it also contains that any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it is ceased to be in operation under the provisions of the proposed code or any direction made thereunder for such purpose further details have been specified in the provisions of the clause financial memorandumat present, the provisions of the proposed code does not involve any expenditure either reoccurring or non-recurring from the consolidated fund of india however, the financial implications may arise in future for formulating the schemes for unorganised sector and for entrusting the additional work for administration of other enactments or schemes relating to social security under clause 13 of the bill such recurring or non-recurring expenditure cannot be estimated at present memorandum regarding delegated legislationsub-clause (1) of clause 154 empowers the central government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) of the said clause specifies the matters in respect of which such rules may be made these matters include (a) manner of establishment and maintenance of career centre and the career services under sub-clause (8) of clause 2; (b) the income of dependant parents (including father-in-law and mother-in-law of a woman employee), under sub-clause (33) (e) of clause 2; (c) such other authority who may appoint the person or persons to manage the affairs of the factory and the matters which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier, under the proviso to sub-clause (49) of clause 2; (d) the time and manner of registration of establishment under clause 3; (e) the manner of administration of the funds vested in the board under sub-clause (1), the manner of performance of functions by an executive committee under sub-clause (3), the terms and conditions, including tenure of office of member of the central board and executive committee and their duties under subclause (5) and the manner of performance of such other functions under sub-clause (6) of clause 4; (f) the manner of administration of employees' state insurance scheme and the manner of representation of states under sub-clause (1) (d), the manner of constitution of standing committee under sub-clause (3), the manner of administration of the affairs of the corporation, exercise of powers and performance of function by the standing committee under sub-clause (4) (a), the composition of the medical benefit committee under subclause (5) and the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties under sub-clause (7) of clause 5; (g) the manner of exercising the powers and performance of the functions by the national social security board under sub-clause (1), the number of persons to be nominated as members, their term of office and other conditions of service, procedure to be followed in the discharge of their functions and manner of filling vacancies under sub-clause (4) and time, place and rules of procedure relating to the transaction of business under sub-clause (6) of clause 6; (h) welfare measures and facilities under subclause (6) (j) of clause 7; (i) meetings and procedure in regard to the transaction of business at meetings (including the quorum at such meetings) under sub-clause (1) and fee and allowances of members of social security organisation or any committee under sub-clause (4), of clause 9; (j) manner of re-constitution of the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board, or any of the committees under sub-clause (1) and the alternate arrangements for the purpose of administration of the relevant provisions of this code under sub-clause (2), of clause 11; (k) manner of establishment of a pension fund and the manner of establishment of insurance fund under sub-clause (1) of clause 16; (l) the manner of maintenance of a provident fund account in relation to the establishment under subclause (1) of clause 21; (m) the manner of transfer and dealing with accounts under clause 22; (n) form, manner, time limits and fees for filing of appeal under sub-clause (2) of clause 23; (o) salary and allowances of the director general or the financial commissioner under subclause (3) and the limit of maximum monthly salary under the proviso to sub-clause (6), of clause 24; (p) limits for defraying expenditure under clause 26 (k) ; (q) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys by the corporation under sub-clause (2) and the terms to raise loans and take measures for discharging such loans under sub-clause (3), of clause 27; (r) manner of insurance of employees under clause 28; (s) the rate of contributions under sub-clause (2) and the days on which the contributions fall due where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period under sub-clause (4), of clause 29; (t) the percentage of income which may be spent on expenses and the limits for such expenses under clause 30; (u) the amount of payment under the proviso to sub-clause (1) (f) and the qualifications to claim benefits, conditions, rate and period thereof under sub-clause (3), of clause 32; (v) the limits within which the corporation may incur expenditure from the employees' state insurance fund under clause 33; (w) the rates, periods and conditions for payment of dependants' benefit under sub-clauses (1) and (2) of clause 38; (x) the qualification of an insured person and his family, to claim medical benefit and the conditions subject to which such benefit may be given, the scale and period thereof under sub-clause (3) and the payment of contribution and other conditions under the second proviso to sub-clause (3), of clause 39; (y) the terms and conditions subject to which the scheme may be operated under clause 44; (z) the contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions under sub-clause (2) of clause 45; (aa) the form of application to the competent authority under sub-clause (5) (b) of clause 56; (bb) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government under sub-clause (1), conditions to exempt and manner of establishing an approved gratuity fund under subclause (2), and the time and manner to get establishment registered and the manner thereof under sub-clause (3), of clause 57; (cc) the form of notice under sub-clause (1) and the proof of pregnancy and proof of delivery under sub-clause (5), of clause 62; (dd) the proof of miscarriage or medical termination of pregnancy under sub-clause (1),the proof of tubectomy operation under sub-clause (2) and the proof of illness under sub-clause (3), of clause 65; (ee) the duration of breaks under clause 66; (ff) the number of employees and distance for crèche facility under sub-clause (1) of clause 67; (gg) gross misconduct under the second proviso to sub-clause (1) of clause 68; (hh) rate of interest to be paid by the employer under sub-clause (3) (a) of clause 77; (ii) the manner of notice under the first proviso to sub-clause (1), and the manner of transmitting money under sub-clause (3), of clause 92; (jj) the form, manner and fee for application for claim and settlement under sub-clause (3) of clause 93; (kk) the manner and time of collection of cess under sub-clause (2), manner of deposit of the cess so collected under sub-clause (3) and the uniform rate or rates of advance cess under sub-clause (4), of clause 100; (ll) the rate of interest in case of delayed payment of cess under clause 101; (mm) the manner of self-assessment of cess under sub-clause (1) of clause 103; (nn) the authority to inquire and impose penalty under clause 104; (oo) time limit to prefer appeal, appellate authority, form and manner of appeal under sub-clause (1) of clause 105; (pp) manner of registration as beneficiary under clause 106; (qq) benefits of a beneficiary under sub-clause (2) of clause 107; (rr) manner of administration of the social security fund or funds under sub-clause (5) of clause 109; (ss) eligible age for registration and form, manner, authority and information under sub-clause (1) and the form of application and documents for registration and registering authority under sub-clause (2), of clause 113; (tt) form, manner and time for filing application for review under sub-clause (2) of clause 126; (uu) appellate authority to whom an employer may prefer an appeal under clause 127, and rate of interest on the refund of deposit to the employer, under the second proviso, to the said clause; (vv) the rate of simple interest which the employer shall be liable to pay under clause 129; (ww) manner of levying and recovery of damages under clause 130; (xx) manner to certify under sub-clause (5) of clause 131; (yy) manner of compounding of offences under sub-clause (1) and the form and manner of application for compounding of an offence under sub-clause (4), of clause 140; (zz) manner to establish identity under clause 143; (aaa) the eligibility conditions to be fulfilled prior to exemption and the conditions to be complied with after exemption and the period of extension of exemption under sub-clause (3), of clause 144; (bbb) any other matter which is required to be, or may be, prescribed by the central government under the provisions of this code2 sub-clause (1) of clause 155 empowers the state government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislations sub-clause (2) specifies the matters in respect of which rules may be made these matters include (a) the manner of exercising the powers and performance of functions by state unorganised workers' board under sub-clause (9), the number of persons to be nominated as members, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the state unorganised workers' board under sub-clause (12), and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-clause (14), of clause 6; (b) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members and the manner of filling of casual vacancies of the members, under sub-clause (4) and the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees under sub-clause (5) (c), of clause 7; (c) structure, functions, powers and activities of the organisations under sub-clause (6) of clause 40; (d) procedure to be followed by the employees' insurance court under sub-clause (2) of clause 50; (e) manner of commencement of proceedings before the employees' insurance court and the time-limit of filing, fees and procedure thereof under sub-clause (1) of clause 51; (f) conditions when application for review is made without certificate of a medical practitioner under sub-clause (1) of clause 79; (g) manner of matters to be dealt by or before a competent authority under sub-clause (1) of clause 92; (h) time limit for disposal of application and costs incidental to the proceedings under sub-clause (4) of clause 93; (i) the manner of authentication of memorandum under clause 97; and (j) any other matter which is required to be, or may be, prescribed by the state government under the provisions of this code3 sub-clause (1) of clause 153 empowers the appropriate government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters include (a) the amount in connection with premium for group insurance scheme of the beneficiaries, educational schemes for the benefit of children of the beneficiaries and the medical expenses for treatment of major ailments of a beneficiary or, such dependent under sub-clause (6) of clause 7; (b) other member who may authenticate the orders and decisions of the social security organisations and other instruments issued under sub-clause (2) of clause 9; (c) bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the second proviso to sub-clause (1) of clause 53; (d) the time, form and manner of nomination by an employee under sub-clause (1), the time to make fresh nomination under sub-clause (4), the form and manner of modification of a nomination under sub-clause (5) and the form for fresh nomination under sub-clause (6) of clause 55; (e) time and form of application under sub-clause (1) of clause 56; (f) the composition of the board of trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer under sub-clause (4) of clause 57; (g) the qualifications and experience of competent authority under sub-clause (1) of clause 58; (h) authority to whom an appeal may be preferred under sub-clause (3) of clause 72; (i) class of employers and the form of notice-book under sub-clause (4) of clause 82; (j) the frequent interval for medical examination under proviso to sub-clause (1) of clause 84; (k) form of statement and the manner of ascertaining the dependents under sub-clause (1) and the manner of providing an advocate under sub-clause (5) of clause 88; (l) manner of recording memorandum under sub-clause (1) of clause 89; (m) such other experience and qualifications for appointment as a competent authority under sub-clause (1) of clause 91; (n) time-limit to pay the amount of cess under clause 101; (o) fees for appeal under sub-clause (2) of 105; (p) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys, re-invest or realise investments under subclause (2), terms to raise loans and take measures for discharging such loans under subclause (3) and terms to constitute for the benefit of officers and staff or any class of them, provident or other benefit funds under sub-clause (4) of clause 120; (q) conditions and manner of writing off losses under clause 121; (r) other powers of inspector-cum-facilitator under sub-clause (6) (e) of clause 122; (s) form and manner for maintenance of records and registers and other particulars and details, manner and form for display of notices at the work places of the employees and the manner and period of filing returns underclause 123; (t) officer or other person who may make complaint under sub-clause (1) and the authority to give sanction under sub-clause (2), of clause 138; (u) the manner and form for reporting vacancies to the career centres and the manner and form of filing the return by the employer to the concerned career centre under sub-clause (2) of clause 141; (v) the time within which the central board or the corporation as the case may be, shall forward its view to the appropriate government under sub-clause (1) and the conditions which the exempted establishment or the class of establishment or the employers or class of employers or the employees or class of employees as the case may be, shall comply after exemption under sub-clause (2) of clause 144; (w) any other matter which is required to be, or may be, prescribed by the appropriate government under the provisions of this code4 sub-clause (1) of clause 156 empowers the corporation, subject to the condition of previous publication to make regulations for carrying into effect the provisions of chapter vi and the provisions of this code relating to that chapter sub-clause (2) specifies the matters in respect of which such regulations may be made these matters include (a) the cases and matters to be submitted for the decision of the corporation under sub-clause (4) (b) of clause 5; (b) composition of committees under sub-clause (6) of clause 5; (c) the method of recruitment, salary and allowances, discipline and other conditions of services of the officers and employees under sub-clause (7) (a) of clause 24; (d) unit in respect of which all contributions shall be payable under sub-clause (3) of clause 29; (e) maintenance of register of employees by or through the contractor under sub-clause (7), conditions for deduction of wages under sub-clause (8) and any matter relating or incidental to the payment and collection of contribution under sub-clause (9), of clause 31; (f) qualifications and experience of other person to certify sickness under sub-clause (1) (a), authority to certify eligibility of a woman under sub-clause (1) (b) , authority to certify eligibility for payment under sub-clause (1) (c), conditions for extension of medical benefits under sub-clause (2) and any matter relating or incidental to the accrual and payment of benefits under subclause (4), of clause 32; (g) continuous period in which the employee contracts occupational disease under sub-clause (1) of clause 36; (h) constitution of medical board under subclause (1), constitution of medical appeal tribunal under sub-clause (5) and manner of filing appeals before the medical appeal tribunal under sub-clause (7), of clause 37; (i) conditions for voluntary retirement scheme under the first proviso to sub-clause (3) of clause 39; (j) other authority for providing permission under sub-clause (3) (c), form of nomination under sub-clause (6) and the authority to determine benefits under sub-clause (9), of clause 41; (k) user charges to be paid by other beneficiaries for medical facilities under the explanation to clause 44; (l) any matter in respect of which regulations are required or permitted to be made by this code5 the matters in respect of which rules or regulations 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 amend and consolidate the laws relating to social security of the employees and the matters connected therewith or incidental thereto————mgipmrnd—4171ls(s3)—06-12-2019 the code on social security, 2019 [to be/as introduced in lok sabha]1 page (iii), in the arrangement of clauses, in clause 76,- for "compensation in case of death of or injury in plantation" read "amount of compensation" 2 page (v), in the arrangement of clauses, in clause 135,- for "punishment for" read "penalty for" 3 page 3, line 28,- for "(1) of 14;" read "(1) of section 14;" 4 page 3, line 35,- for "notified by the appropriate" read "notified" 5 page 3, line 36,- for "government as" read "under this code as" 6 page 4, omit lines 33 to 35 7 page 4, line 36,- for " (v) a minor" read "(iv) a minor" 8 page 4, line 37,- for " (vi) a widowed" read "(v) a widowed" 9 page 4, line 38,- for "(vii) a minor" read "(vi) a minor" 10 page 4, line 39,- for "(viii) a minor" read "(vii) a minor" 11 page 4, line 41,- for "(ix) a grandparent" read "(viii) a grandparent" 12 page 6, line 31,- for "child dependent" read "child dependant" 13 page 6, line 33,- for "wholly dependent" read "wholly dependant" 14 page 6, line 38,- for "wholly dependent" read "wholly dependant" 15 page 6, line 44,- for "wholly dependent" read "wholly dependant" 16 page 8, line 2,- for "the purpose" read "the purposes" 17 page 22, line 43,- for "under sub-section" read "under clause" 18 page 31, line 38,- for "dependents specified" read "dependants specified" 19 page 48, line 24,- for "of any accident or injury" read "of such accident or disease" 20 page 48, line 26,- for "injury before" read "disease before" 21 page 48, line 28,- for "injury in" read "disease in" 22 page 49, in marginal heading against clause 76,- for "compensation in case of death of or injury in plantation" read "amount of compensation" 23 page 58, line 2,- for "the dependents" read "the dependants" 24 page 58, line 16,- for "prescribed from the panel of advocates maintained by" read "prescribed by" 25 page 64, line 6,- for "employees for the" read "employees of the" 26 page 64, line 41,- for "meaning of companies" read "meaning of the companies" 27 page 65, line 18,- for "(2) may be" read "(2) of section 109 may be" 28 page 80, line 22,- for "days;" read "days; or" 29 page 81, line 42,- for "of code" read "of this code" 30 page 81, line 48,- for "or license or " read "or licence or" 31 page 82, line 40,- for "nominee or such family and" read "nominee and" 32 page 83, line 17,- for "such dependent" read "such dependant" 33 page 83, line 39,- for "the dependents" read "the dependants" 34 page 84, line 11,- for "periods of" read "period of" 35 page 86, line 15,- for "section 57 and the qualifications and experience of competent" read "section 57;" 36 page 86, omit line 16,- 37 page 94, line 18,- for "any premises" read "any premises; or" 38 page 96, line 23,- for "circus;" read "circus; or" 39 page 102, line 31,- for "o9" read "9" 40 page 102, line 32,- for "05" read "5" new delhi; 9 december, 2019______ agrahayana 18, 1941 (saka)

Parliament_bills

d0d9b7bc-8d54-5f45-a9e5-3a32f46eca44

(@) all the members of the committee shall, notwithstanding that their term of office had not expired, as from the date of dissolution, vacate their offices as such members; (8) all powers and duties which may, by of under the provisions of this act, be exercised or performed by or on behalf of the committee, during the $ period of dissolution, be exercised and performed by such person ar persons as the central government may think fit from amongst the members of the central council: a provided that the term of office of the person or persons so appointed under this sub-section shall not exceed a period of six months or til the time a new committee is constituted, whichever is earlier, 33e (j) if the central government is of the opinion that the chairman or the 'member of any committee of the central council is unable to perform or has made persistently defaults— (a) in the performance of, the duties imposed on him under this act or has s7 exceeded or abused his powers; or power of central government to remove chairman or member of any committee (6) cither wilfully of without sufficient cause in complying with any direction issued by central government under section 33c or by the central council under sub-section (3) of section 9, the central government may remove from office the chairman or the member, as the 2° case may be provided that before issue of such removal, the central government shall give a reasonable opportunity of being heard to the chairman or the member, as the case may be, to show cause why he should not be removed from office and shall consider the explanations and objections, if any, of the chairman or the member, as (2) upon the removal from office under sub-section (1), - (a) the chairman or the member shall, notwithstanding that his term of office had not expired, as from the date of removal from office, vacate the offices as such chairman or the member; (6) all powers and duties which may, under the provisions of this act, bee exercised or performed by the chairman shall, during the period of removal from office, be exercised and performed by such person as the central government may think fit from amongst the members of the central council: provided that the term of office ofthe person so appointed under this sub- 'section shall not exceed a period of six months or till the time a new chairman or 35 the member, as the case may be, selected in the manner provided under this act, whichever is earlier", 7 1n section 35 of the principal act,— amendment of section 35 (a) in sub-section (1), the brackets and figure "(/)" shall be or (6) sub-section (2) shall be omitted 8, in section 36 of the principal act - amendment of section 36, (a) in sub-section (1), the brackets and figure "(/)" shall be omitted; (8) sub-section (2) shall be omitted2 sections shall be inserted, 9 after section 36 of the principal act, the follo namely: "37 (1) where the central government considers it expedient so to do, it may, by order in writting, direct the central council to make any regulations or to amend or revoke any regulations already made within such period as it may specify in this behalf | insertion | of, ||--------------|------------|| new | sections || 37 | and || power | of || central | || government | 10 || issue | directions || for | making || amending | || regulations, | |(2) ifthe central council fails or neglects to comply with such order within the specified period, the central government may itself make the regulations or amend or revoke the regulations made by the central council | laying | of ||--------------|-------|| rules | and || regulations | |38 every rule and every regulation made under this act shall be laid, as soon as may be after itis made, before each house of parliament, while itis in session, fora total period of thirty days which may be comprised in one session or in two ot more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation" statement of objects and reasons,'the indian medicine central council act, 1970 (48 of 1970) (imcc act) provides for constitution of the central council of indian medicine for regulation of a education and maintenance of a central register of practitioners of ayurveda, siddha and unani systems of medicines and for matters connected therewith, 2 the central council of indien medicine was initially constituted through nomination 'of members in 1971, subsequently, elections to the said council were conducted, though the tenure of all the members of the said council elected in 1994-95 had expired in 2000, it could not be reconstituted even after a lapse of more than four years because the election process has been completed only in 7 states out of 18 states that maintain the state register of indian medicine this is due to not updating the state register of indian medicine, at the instance of sitting members, a pre-requisite for conducting elections in time, sometimes the elections are delayed due to litigation and stay orders from court 3 the election for the central council of indian medicine from state of bihar could not be conducted during 199495 and the members elected in 1983-84 are still continuing in the central council of indian medicine it has been observed that such a problem persists due to the existing provisions in section 7(/) of the indian medicine central council act, 1970, \which provide for a term of five years from the date of election or nominations, as the case 'may be, of until the election or nomination of the successor, whichever is longer 4, further, in the imcc act, 1970, there is no provision for removal of the president, vice-president of the council and also withdrawal of the member nominated to the council in cease they commit some irregularity or unwanted activities the department is of the opinion that the tenure of the members should not exceed five years and also there should also be a provision for the removal of the president, vice-president or the members 5, in order to meet the requirements, itis proposed to amend the indian medicine central council act, 1970 so as to make provisions— (a) to nominate ex officio members: (b) to have fix tenure of elected or nominated members; (c) to remove the president, vice-president and members on grounds of 'misconduct or incapacity; (4) to dissolve any committee ofthe central council ifit persistently defaults or abuses its powers; and (e) to give directions to the council in the public interest, 6, the proposed amendments will enssire timely election to the central council of ind: n medicine and streamline its functioning, 7 the bill seeks to achieve the above objectives, new deut aramadoss, the \\th march, 2005, annexure, extracts from the indian mepicine central councit acr, 1970(480 1970) definitions 2 (/) in this act, unless the context otherwise requries,— chapter ii 'tie centraat, council and its committees3 (j) the central government shall, by notification in the official gazette, constitute for the purposes of this act a central council consisting of the following members, namely:— constitution of central couneit 7 (1) the president, a vice-president or a member of the central council shall hold office fora term of five years from the date of his election or nomination, asthe case may be, cr until his successor shall have been duly elected or nominated, whichever is longer | 'term | of ||----------------|------------|| of | president, || vice-president | || and | members || of | central || council | |(4) members of the central council shall be eligible for re-election or re-nomination, 35 (1) the central government may, by notification in the official gazette, make rules power to make rules to carry out the purposes of this act (2) every rule made under this section shall be laid, as soon as may be after itis 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 inthe 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 36(/) the central council may, with the previous sanction of the central government, make regulations generally to carry out the purposes of this act, and, without prejudice to | power ||--------------|| make || regulations |the generality of this power, such regulations may provide for— (a) the manner of election of the president and the vice-presidents of the central ie central council and the maintenance 'council; (6) the management of the property of and audit of its accounts; (c) the resignation of members of the central council (a) the powers and duties of the president and vice-president; (e) the summoning and holding of meetings of the central council and the committees thereof, the times and places where such meetings are to be held, and the conduct of business thereat and the number of members necessary to constitute a quorum; (f) the functions of the committees constituted under section 9 or section 10; (g) the tenure of office, and the powers and duties of the registrar and other officers and servants of the central counci (ga) the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fees payable with the scheme tunder sub-section (3) of section 13; (gb) any other factor under clause (g) of sub-section (8) of section 13a; (a) the appointment, powers, duties and procedure of inspectors and visitors; (0 the courses and period of study and of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in any university, board or medical institutions for grant of recognised medical qualifications; () the standards of staff, equipment, accommodation, training and other facilites for education in indian medicine; (&) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations; (0 the standards of professional conduct and etiquette and code of ethics to be observed by practitioners of indian medicine; (m) the particulars to be stated, and the proof of qualifications to be given in applications for registration under this act; (n) the manner in which and the conditions subject to which an appeal under section 27 may be preferred; (0) the fees to be paid on applications and appeals, under this act; and (p) any matter for which under this act provision may be made by regulations (2) the central government shall cause every regulation made under this act to be laid, as soon as may be after itis made, before each house of parliament, while itis 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 regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation,

Parliament_bills

d2566ea0-f411-5966-aa23-3a72a19c1be3

bill no 124 of 11'11 tile appropriation (no5) bill,!i970 a billto authorise pavment and appropriation of certain further sums from and out of the consolidated fund oj india for the services of the financial year 1970-71 b it enacted by parliament in the twenty-first year of the republic of india as follows:-1 this act may be called the appropriation (no5) act, 1970 short z from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of twenty-six crores, forty-three iakhs and twenty thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1970-71, in respect of the services specified in column 2 of the schedule titl • 't luu •• f ri 26,43,20,000 out of the consolidated "und of india forth year 1870-71 3 the sums authorised to be paid and applied from and out of the appropria_ 10 consolidated fund of india by this act shall be appropriated for the sertiod vices and purposes expressed in the schedule in relation to the said year sums dot ezcealida v:el seryicea add purposes 5 voted by charfd an parliament the comoli-total dated trudd ra ra ri 25 other revenue expenditure of the 10 mini,try of pidldce 1,00,00,000 i,ootoo,ooo 042 mini,try of home affairs 1,oec:i 1,000 so delhi 2,s6,55,ooo 1,60,000 a,64,js,ooo 60 1 other revenue ~tw:e ~ the mid:atry of industrial !)evelop-is mem idternal trade and company affain 8,70000 8,70,000 70 &penditure od di8placed persons ,s,48ooo •• 5448,000 71 other revenue ezpedd iture of the ministry of labour,l!mploymedt ~ and rdiabilitatioll 9,110,000 9,80,000 77 mini,try ofshippilli add trllliport iljj,ooo 11,53,000 82 mjni~try of steel 'ind heavy ed-i lineerina s"700q '''',000 95 poata add telqrrapha worltla, &-2s pedsei i i,oo,oopoo 11,00,00,000 los defence capital outlay - 6'8,a~,ooo ~ 114 loans add mvmc:ea by the central govemment 500,81,000 500,01000 127 capital outlay t4 tbomi~ 30 labour,l!mploymmt md' " litatian - - - i,ao,79,ooo 1,ao7p,ooo 132 capital outlay of the midi~ or steel and 'heavy 'bditid~' 1,000 ,oe tar,u statement of objects and reasonsthis bul ia introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out ot the consolidated fund of inditof the moneys required to meet the supplementary expenditure charied on the consolidated fund ot india and the grants made by the lok sabha for expenditure ot the central government excluding railways, for the ftnaneial year 1970-71 y b cha v an president's recommendation under article 117 of the constitution of india[copy of letter no 5 (14) -b/70, dated the 23rd november, 1970 from shri y b chavan, minister of fillance to the secretary, lok sabha] the~ pill'stditnt havin,been- inform«td -of the subject· matter,-of the propo_ bill to authorise payment and appf9priation or' certaill furthersupw from aoer out o{ th~ 'consolidated fund of'india' foi' the services of olayear ending on the 31st day af march, 1971, recommends the introducticln of the appropriation (no5) bill, 1970 in the lok sabha and also recommends to the sabha the consideration of the bill under article 117(1) and (3) of the constitution read with article 113 thereof 2 the bill will be introduced in the lok sabha after all the supplementary demandi for grants for 1970-71 have been voted a bill autholise payment and appropriation of certain further su:u, from and out of the consolidated fudd of inc1ia for the services of the fuullcial year i97fr7i~ (3hri y • €iujvmi, minist" 01 filjlltlce) ~ "" ,

Parliament_bills

3700082f-5c91-5882-b2fe-7f292fb69196

bill no 52 of 2017 the appropriation (railways) no 2 bill, 2017 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 2016-17 for the purposes of railwaysbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) no 2 act, 2017issue of rs 4777,20,20,000 out of the consolidated fund of india for the financial year 2016-17appropriation the schedule (see sections 2 and 3)| 1 | 2 | 3 ||-----------------------|----------------------------------------------------|----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || rs | rs | rs || 4 | repairs and maintenance of permanent way and works | || 21,54,000 | | || 21,54,000 | | || 7 | repairs and maintenance of plant and equipment | || 21,45,000 | | || 21,45,000 | | || 10 | operating expenses—fuel | 3050,00,00,000 || | | || 3050,00,00,000 | | || 12 | miscellaneous working expenses | || 11,80,26,000 | | || 11,80,26,000 | | || 16 | assets—acquisition, construction and replacement— | || other expenditure | | || capital | 1519,45,25,000 | || 170,83,43,000 | | || 1690,28,68,000 | | || railway funds | | || 7,59,55,000 | | || 7,59,55,000 | | || railway safety fund | | || 17,08,72,000 | | || 17,08,72,000 | | || t | | || otal | | || : | 4569,45,25,000 | || 207,74,95,000 | | || 4777,20,20,000 | | | 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 on railways for the financial year 2016-17suresh prabhu ———— president's recommendation under article 117 of the constitution of india[copy of letter no 2017-b-402/bs/2 dated 14 march, 2017 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 authorize payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2016-17 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 the lok sabha, of the appropriation bill———— a billto authorise payment and appropriation of certain further sums from and out of theconsolidated fund of india for the services of the financial year 2016-17 for the purposes of railways————(shri suresh prabhu, minister of railways)

Parliament_bills

bea28d7c-dc08-5651-996e-bae8cce31964

bill no 47 of 2017 the collection of statistics (amendment) bill, 2017 a billto amend the collection of statistics act, 2008be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the collection of statistics (amendment) act, 2017short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint57 of 2009amendment of section 12 in the collection of statistics act, 2008 (hereinafter referred to as the principal act), in section 1, for sub-section (2), the following sub-section shall be substituted, namely:—"(2) it extends to the whole of india:10provided that it shall apply to the state of jammu and kashmir in so far as it relates to statistics pertaining to matters falling under any of the entries specified in list i (union list) or list iii (concurrent list) in the seventh schedule to the constitution as applicable to that state"amendment of section 23 in the principal act, in section 2, after clause (d), the following clause shall be inserted, namely:—'(da) "nodal officer" means the officer designated as a nodal officer under sub-section (1) of section 3a;'4 in the principal act, after section 3, the following section shall be inserted, namely:—insertion of new section 3anodal officer5"3a (1) the central government or a state government or union territory administration shall designate one of its officers as a nodal officer for the purposes of statistics under this act10(2) the nodal officer shall coordinate and supervise such statistical activities in the central government or the state government or union territory administration, as the case may be, in which he is designated, and shall exercise such other powers and perform such other duties, as may be prescribed"amendment of section 95 in the principal act, in section 9, for sub-section (1), the following sub-section shall be substituted, namely:—15"(1) the statistics officer or any person or agencies authorised under this act shall, for statistical purposes, use any information furnished under section 6 in such manner as may be prescribed"6 in the principal act, in section 33,—amendment of section 33(i) in sub-section (1), after the words "the central government may", the words"subject to the condition of previous publication" shall be inserted;20(ii) in sub-section (2),—(a) after clause (a), the following clause shall be inserted, namely:—"(aa) the coordination and supervision of statistical activities by the nodal officer and the powers and duties of the nodal officer under sub-section (2) of section 3a;";25(b) after clause (d), the following clause shall be inserted, namely:—"(da) the manner of use of information under sub-section (1) of section 9;" statement of objects and reasonsthe collection of statistics act, 2008 (7 of 2009) was enacted to facilitate collection of statistics on economics, demographic, social, scientific and environment aspects by the ministries or departments at the centre or the states or union territories or by local governments the said act came into force on 11th june, 2010 and extends to the whole of india, except the state of jammu and kashmir2 the jammu and kashmir collection of statistics act, 2010 enacted by the jammu and kashmir legislature extends to the state of jammu and kashmir3 the collection of statistics act, 2008 and the jammu and kashmir collection of statistics act, 2010, do not cover the matters specified in list i (union list) in the seventh schedule to the constitution as applicable to jammu and kashmir under the constitution (application to jammu and kashmir) order, 1954 the central law is not applicable to matters specified in list iii (concurrent list) as applicable to the state of jammu and kashmir thus there is a legislative vacuum in respect of the statistical matters in the union list or concurrent list applicable to jammu and kashmir4 the collection of statistics act, 2008 does not empower any person to coordinate and supervise the statistical activities in the central government, state governments, union territories or local government therefore, it is proposed that the central government and state government may designate its officers as nodal officers to coordinate and supervise the statistical activities for the purposes of this act5 the amendments proposed in the bill, inter alia, seeks to,—(a) extend the statistics act, 2008 to the state of jammu and kashmir in so far as it relates to any statistical survey relating to any matter falling under any of the entries specified in list i (union list) or list iii (concurrent list) in the seventh schedule of the constitution as applicable to that state;(b) empower the central government and each state government to designate one of its officers as nodal officer to coordinate and supervise the statistical activities and to exercise such other powers and perform such other duties as may be made by rules 6 the bill seeks to achieve the aforesaid objectivesnew delhi;dv sadananda gowdathe 9th march, 2017 financial memorandumclause 4 of the bill empowers the central government or a state government or union territory administration to designate one of its officers as a nodal officer since the employees of appropriate rank already working shall be notified as nodal officers no additional expenditure would be incurred for the purpose2 the bill does not involve any additional expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationclause 4 of the bill empowers the central government to make rules on powers and duties of a nodal officer, who may be designated to coordinate and supervise such statistical activities in the central government or a state government or union territory administration2 clauses 5 and 6 of the bill empowers the central government to make rules relating to the manner of using any information by the statistics officer or any person or agency under section 6 of the act for statistical purposes3 clause 6 of the bill empowers the central government to make rules with the condition of previous publication of the said rules4 the matters in respect of which rules may be made under the aforesaid provisions 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 collection of statistics act, 2008 (7 of 2009)1 (1) short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir chapter iii disclosure of information in certain cases and restrictions of their usesecurity of information9 (1) any information furnished to the statistics officer or to any person or agenciesauthorised under this act shall only be used for statistical purposes power to make rules33 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act lok sabha———— a billto amend the collection of statistics act, 2008————(shri dv sadananda gowda, minister of statistics and programme implementation)

Parliament_bills

46a4bfcc-16f4-5147-900f-a6cb4fafa129

bill no 92 of 2018 the victims of terrorism (provision of compensation and welfare measures) bill, 2018 by shri ramesh bidhuri, mp a billto provide for payment of compensation to and provision of certain welfare measures for the victims of terror attacksbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title and extent1 (1) this act may be called the victims of terrorism (provision of compensation and welfare measures) act, 2018(2) it extends to the whole of india5definitions2 in this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by rules made under this act; and (b) "terror attack" means an attack by a terrorist group operating within or fromoutside the country3 notwithstanding anything contained in any other law for the time being in force, the central government shall pay compensation to and take the following welfare measures for the victims of terror attack in the following manner:—compensation to the victims of terror attack(i) in case of loss of life,5(a) an ex gratia grant to the next of kin of the deceased which shall not be less than fifteen lakh rupees;(b) financial assistance at such rate, as may be prescribed, to the next of kin of the deceased; and10(c) preference in central government jobs to the next of kin of the deceased; (ii) in case of serious injury leading to incapacitation,—(a) medical treatment free of cost till full recovery; and(b) payment of an ex gratia amount to the victim, which shall not be less than three lakh rupees;15(iii) in case of minor injuries payment of an ex gratia amount, which shall not be less than two lakh rupees; and(iv) in case of damage to the dwelling unit as a result of torching or bombing, repair of the dwelling unit, if viable or construction of a new dwelling unit20overriding effect of the act4 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force5 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 any other law for the time being in forcepower to make rules256 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act30(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 incidents of terror attacks are increasing in many parts of the country hundreds of innocent persons are being killed in such terrorist attacks their lives are shattered as they become permanently disabled or die during such attacks the condition of deceased families is miserable as adequate compensation has not been provided to them by the government therefore, it is necessary that the central government should come forward to pay compensation and provide certain other measures for the welfare of victims of terror attackshence this billnew delhi;ramesh bidhurifebruary 9, 2018 financial memorandumclause 3 of the bill provides for compensation to the victims or dependants of persons killed or injured during terror attacks it also provides for construction of new dwelling units in case dwelling units are damaged in the terror attacks the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees one thousand crore is likely to be involveda non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill gives power to 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 payment of compensation to and provision of certain welfare measures for the victims of terror attacks————(shri ramesh bidhuri, mp)mgipmrnd—1389ls(s3)—03082018

Parliament_bills

7332134e-2e26-5955-bbd2-76ff0ca957f1

bill no 306 of 2016 the indian forest (amendment) bill, 2016by shri om prakash yadav, mpa billfurther to amend the indian forest act, 1927be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the indian forest (amendment) act, 2016short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in the indian forest act, 1927 (hereinafter referred to as the principal act), in chapter v, after section 35, the following section shall be substituted, namely:—insertion of new section 35a10"35a notwithstanding anything contained in section 35, the state government shall not exercise any control over any forest and land not being the property of state government except in accordance with law passed by parliament in this regard for the purpose"3 for section 36 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 3615"36 the state government may, by notification in the official gazette, make rules for carrying out the purposes of this chapter"4 sections 37 and 38 of the principal act shall be omittedomission of sections 37 and 38 statement of objects and reasonsindian forest act, 1927 provides for reserved forests, village forests and protected forests however, chapter v of the act contain sections 35 to 38 to regulate forest and lands which are not the property of the state government, popularly called as 'private forests'some state governments have started doing surveys to identify private forestshowever, during the surveys carried, vast areas of plantations, agriculture, horticulture, garden lands have been included and identified as 'private forest' in most of the cases, owners of land, which have been declared as private forests, are not aware that their lands, have been so declared before the start of these surveys no policy guidelines were announced by the state governments, who were entrusted with the duty of doing surveyin a number of cases, the land which is covered by 'private forests' is a mixed land where agriculture, horticulture, plantations, garden lands exists side by side hence, there is an urgent need to enact an exhaustive legislation on forests combining the indian forest act, 1927 and the forests (conservation) act, 1980 and all other related actshowever, in any case, no land should be declared as 'private forests', without enacting any legislation on the subject as, the present practice of notifying private forests, amounts to criminal trespass, which should be haltedhence this billnew delhi;om prakash yadavnovember, 16, 2016 annexure extracts from the indian forest act, 1927 (no 16 of 1927) chapter v35 (1) the state government may, by notification in the official gazette, regulate or prohibit in any forest or waste-land:—protection of forests for special purposes(a) the breaking up or clearing of land for cultivation; (b) the pasturing of cattle; or (c) the firing or clearing of the vegetationwhen such regulation or prohibition appears necessary for any of the following purposes:(i) for protection against storms, winds, rolling stones, floods and avalanches; (ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of land slips or of the formation of ravines, and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel;(iii) for the maintenance of a water-supply in springs, rivers and tanks; (iv) for the protection of roads, bridges, railways and other lines of communication; (v) for the preservation of the public health(2) the state government may, for any such purpose, construct at its own expense, in or upon any forest or waste-land, such work as it thinks fit(3) no notification shall be made under sub-section (1) nor shall any work be begun under sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the state governmentpower to assume management of forests36 (1) in case of neglect of, or wilful disobedience to, any regulation or prohibition under section 35, or if the purposes of any work to be constructed under the section so require, the state government may, after notice in writing to the owner of such forest or land and after considering his objections, if any, place the same under the control of a forest officer, and may declare that all or any of the provisions of this act relating to reserved forests shall apply to such forest or land(2) the net profits, if any, arising from the management of such forest or land shall be paid to the said ownerexpropriation of forests in certain cases37 (1) in any case under this chapter in which the state government considers that, in lieu of placing the forest or land under the control of a forest officer, the same should be acquired for public purposes, the state government may proceed to acquire it in the manner provided by the land acquisition act, 1894 (1 of 1894)(2) the owner of any forest or land comprised in any notification under section 35 may, at any time not less than three or more than twelve years from the date thereof, require that such forest or land shall be acquired for public purposes, and the state government shall require such forest or land accordinglyprotection of forests at request of owners38 (1) the owner of any land or, if there more than one owner thereof, the owners of shares therein amounting in the aggregate at least two-thirds thereof may, with a view to the formation or conservation of forests thereon, represent in writing to the collector their desire(a) that such land be managed on their behalf by the forest officer as a reserved or a protected forest on such terms as may be mutually agreed upon; or(b) that all or any of the provisions of this act be applied to such land(2) in either case, the state government may, by notification in the official gazette, apply to such land such provisions of this act as it thinks suitable to the circumstances thereof and as may be desired by the applicants lok sabha———— a billfurther to amend the indian forest act, 1927————(shri om prakash yadav, mp)gmgipmrnd—3322ls(s3)—29112016

Parliament_bills

eb6496cb-a517-55e0-bc2d-545bf14dd16d

eran from the constitution of india | | ' | i | | ||------|------|------|------|------|| | | | 8 | | if the union territories| | | | | | | | name | extent ||-----------|-------|----------------|--------------|-------|-------------|--------|---------|-----------|| 1 | delhi | the | territory | which | immediately | before | the | com- || mencement | of | this | constitution | was | comprised | in | | || the | chief | commissioner's | province | of | delhi | | | || | | ca | + | | | | | | the fourth schedule| , | [articles | 4(1) | and | 80(2)] ||------|--------------|---------|--------|-----------| allocation of seats in the council of statesto each state or union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that state or that union territory, as the case may be rta + s > 26 delhi ie s

Parliament_bills

a16ec6f2-7b53-5bc5-ad3f-ce0ebf8ff0ec

bill no xxii of 2011 the prevention of trafficking of girl child for commercial purposes bill, 2011 a billto provide for the prevention of trafficking of girl child for commercial purposes by forcingher into flesh trade through various means and making her available for hiring or for taking possession by her client for promiscuous sexual acts in the garb of adventurous tourism or otherwise and for providing deterrent punishment including capital punishment for such commercialization and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the prevention of trafficking of girl child for commercial purposes act, 2011short title, extent 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;(b) "commercial trafficking of girl child" includes pushing or forcing the girl child into prostitution in order to earn money therefrom or using the girl child for any unlawful or immoral purpose or procuring or supplying the girl child for such purpose by charging or earning money or hiring or obtaining possession of a girl child for promiscuous sexual purposes by any person including foreign tourists;5(c) "girl child" means a female human being who is below the age of eighteen years;(d) "prescribed" means prescribed by rules made under this act;1045 of 1860(e) words and expressions used and not defined in this act but defined in the indian penal code, 1860 or the immoral traffic (prevention) act, 1956 shall have the meanings respectively assigned to them in those acts104 of 19563 (1) notwithstanding anything contained in any other law for the time being in force commercial trafficking of girl child in any manner or purposes whatsoever, is hereby prohibitedprohibition of commercial trafficking of girl child15 1515(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actpenalties4 notwithstanding anything contained in any other law for the time being in force whoever,—20(a) abets or induces, by any means including emotional blackmail, a girl child to have sexual intercourse or unnatural sex with any person including foreign tourist in return for money notwithstanding the family relation of such girl child with the accused or under any prevailing custom shall be punished with rigorous impresonment for life and also with fine which may extend to rupees two lakh;(b) forces or pushes, by using any coercive or cruel means, any girl child into prostitution or for unnatural sexual acts for earning money or otherwise shall be punished with death;25(c) acts as a agent in commercial trafficking of girl child shall be punished with imprisonment which shall not be less than seven years but may extend to life imprisonment and also with fine which may extend to rupees five lakh;30(d) lures, procures or kidnaps any girl child for commercial trafficking of such girl child shall be punished with rigorous imprisonment for a term which shall not be less than ten years but may extend to life imprisonment and also with a fine which may extend to rupees five lakh;35(e) owns or runs a brothel or uses any house, premises or hotel to keep a girl child as prostitute or sex worker, such owner or manager by whatever name known shall be punished with life imprisonment and also with fine which may extend to rupees five lakh;(f) hires, procures or obtains possession of a girl child for promiscuous sexual intercourse or indulge in unnatural sexual acts with her shall be punishable, notwithstanding the foreign citizenship of the accused, with life imprisonment and also with fine which may extend to rupees five lakh;40(g) dedicates a girl child as devdasi or bhavin or by whatever name called, who ultimately ends up in prostitution, notwithstanding that accused is a natural guardian of the girl child or related to her in any manner shall be punished with imprisonment which shall not be less than five years but may extend to ten years and also with a fine which may be extended to rupees two lakh45rescue, rehabilitation and welfare measures5 (1) the central government shall, as soon as may be, but within six months of commencement of this act, formulate a national policy for the rescue, rehabilitation and welfare measures for the girl child covered under this act for being uniformally implemented throughout the country(2) without prejudice to the generality of the provisions of sub-section (1) the measures referred to therein may provide for,—5(a) rescue of the girl child forced into commercial trafficking through thelocal police by making it mandatory for the police to raid the brothels and such other places within its territorial jurisdiction where the girl child is kept or has reasonable grounds for believing that girl child is kept therein;(b) taking custody of the rescued girl child and as far as practicable reunite her with her family and in case she is homeless or without natural guardians provide her board, lodging and other facilities in children home established by the appropriate government for the purpose;10(c) welfare measures like free medical care, education including vocationaltechnical and medical education and training wherever required;(d) provision of employment in public employment through reservation andother means;15(e) marrying the girl child when she becomes major and costs for which to beborne by the appropriate government;(f) such other measures as may be deemed necessary for the welfare and rehabilitation of the girl child covered under this act2 of 1974206 notwithstanding anything contained in the code of criminal procedure, 1973 theoffences under this act shall be cognizable and non-bailableoffences to be cognizable and non- bailable7 (1) the offences under this act shall be tried by the fast track courts to ensure expeditious trial of such offencesoffences to be tried by fast track courts(2) the trial shall be held in camera on daily basis till the case is decided and judgement delivered25(3) the appropriate government shall establish such number of fast track courtswithin its territorial jurisdiction as it may deem necessary for carrying out the purposes of this act8 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for the establishment and running of fast track courts, children homes and for other purposes of this act30central government to provide fundsact 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 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 applicable to the subject matter of this act35power to make rules10 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsin our country there was a time when girl child used to be worshipped as deity and this ritual still persists in some parts particularly during navratras but the fact remain that the girl child is most unwanted in our country to-day most families and married couples do not want a daughter in the family and indulge in rampant sex determination tests and female foeticides in the country resulting in huge gap in the sex ratio in most parts of the country which is a major cause of concern however, in case a girl child is born, she is neglected and treated shabbily the girl child of poor families in a new phenomena are being pushed into flesh trade for commercial gains and their trafficking is going on a very large scale in the name of adventure tourism particularly in places of tourism importance in the country since, the girl child prostitute fetch more money than the women prostitutes from the prospective clients more and more adolescent girls are being forced into this centuries old profession by the professional pimps, anti-social elements, organized criminal gangs, underworld dons, brothel keepers, hoteliers, tour operators and in many cases even by their natural guardians and near and dear ones there are some tribes who traditionally subsist on prostitution and they push their girls in this profession at their tender age in other cases, the girls are generally lured on the promise of a decent and luxurious life and then forced into trafficking thousands of minor and adolescent girls go missing from various parts of the country every year and most of them remain untraced in fact these unfortunate girls are kidnapped for prostitution for commercial gains it has also been noticed that pimps become active when the areas, mostly in villages and remote areas, are affected by natural calamities to lure the poverty stricken girl child into their net for using them for commercial trafficking since the earning in this trade is very high, the girls are even imported from our neighbouring countries like nepal, bangladesh, bhutan, etc for commercial trafficking by the gangs having international connections this commercialization is gaining momentum because adventure tourism is also becoming popular throughout the globe and tourists do indulge in sex tourism for which they spend large amount of money and the locals are always ready to provide them with minor girls of course, we can not and should not blame all the tourists but it is happenings in many parts of the country similarly, in some parts of our country, young girls are dedicated to temples as devdasi or bhavin and then forced into flesh trade now the lives of these innocent girls have been endangered due to spread of deadly aids and other sexually transmitted diseases in a welfare state like ours, it has become necessary to stop this trafficking of girl child for commercial purposes by the state by providing deterrent punishment to the offenders including capital punishment so as to save the innocent girl child from the clutches of cunning traffickers and also from aids and other sexually transmitted diseases the state has also to undertake their proper rehabilitation and welfarehence, this billdr akhilesh das gupta financial memorandumclause 5 of the bill provides for rehabilitation and other welfare measures for the girl child who is rescued from prostitution clause 7 provides of the establishment of fast track courts for trying the offences clause 8 makes it obligatory for the central government to provide funds for the establishment and running of fast track courts, children homes, etc the bill, if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees ten thousand crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees fifty thousand crore may also involve from the consolidated fund of india memorandum regarding delegated legislationclause 10 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———— a billto provide for the prevention of trafficking of girl child for commercial purposes by forcingher into flesh trade through various means and making her available for hiring or for taking possession by her client for promiscuous sexual acts in the garb of adventurous tourism or otherwise and for providing deterrent punishment including capital punishment for such commercialization and for matters connected therewith and incidental thereto————

Parliament_bills

c9655ba0-6936-5dc8-967c-a548687a0eee

the spices board bill, 1_ arrangement of clauses chap1'er i preliminaryci usrs 1 short title, extent and commencement 2 definitions chapter ii the spices board"", , 3 constitution and incorporation of the board 4 secretary and other officers 5 advisory committees 6 transfer of assets and liabilities of the cardamom board anti the spices export promotion council to t'he board 7 functions of the board " chapter iii registration of owners of cardamom estatis8 registration of owners of cardamom estates 9 power of state government to make rules 10 returns to be made by registered owners chapter iv certificate for export of spices11· no person to export spices without certificate 12 grant of certificate 13 cancellation, suspension etc, of certificate 14 appe'al 15 power to permit export without certificate chapter v control by the central government16 power to control price and distribution of cardamom 17 power to prohibit or control import of cardamom 18 power of the central government to issue directions 19 power of the c~l'ltral government to supersede the board chapter vi finance, accounts and audit clausbs20 grants and loans by the 'central govermnent 21 board fund 22 budget 23 annual report ~4 accounts and audit 25 annual report and auditor's report to be laid before parliament chapl'er vii j4isci'llaneous26 penalty for making false returns 27 pena1ties for obstructing an ofbcer or member of the board in the discharge of his duties and for failure to produce books and records 28 peonalty for contravention of order relating to control of price, etc 29 penalties for contravention of section 11 ,or any order made under section 17 30 other penalties 31 offences by companies 32 provisions of act 52 of 1962 to apply to export of spices and import or cardamom 33 previous sanction of central "government 34 delegation 35 members, officers and employees of the board to be public servants 36 protection of action taken in good faith 37 power to enter 38 power to make rules 39 power to make regulations 40 rules and regulations to be laid before parliament 41 power to remove diftlculties 42 repeal and savings the schedule -, )( 1 the spices board bill, 1985 a billto ptovide 10'1' the constitut1idn of a board for the development of ezport of spices atj4 fot' the co;uro', qj carmmom iaciuswy imcludmg the control of cultivation of cardamom and m4~s connected therewith b& it enacted by parliament in the thirty-sixth year of· the republlc of india as followa:- chapter i ~uy5 1 (j) this act ma~ be called, the spices board ad;, 1m (2) it extends to the whole of india short tftle,extent and (3) it shall come into force on such date as the central government commen_ may, by notif1catien in the ofbeial a_tie, appoint cemen,t deftn1 tions (4) "board" means the spices board constituted under sub-section 10 it in this act unl- the aontqt otherwise requirel,-(~~, of seet~ a; (b) "c~rpolll"iqeanli the fruit of c~4wn,~~ plaat 8l)di~~ green cnrdamom, bleached cardamom, bleachable white card~oip" iun-dried cardamom, cardamom seeds, powdered cardamom and oil 15 extracted from cardamom; (et) '~cfm'~l1,1,~ pjmt~' m~~, ~abii\ carda)domum maton amonium salutation roxb and any other plant which the board may, by notification in the official gazette, declare to be a cardamom plant for the purposes of this act; (d) "certificate" me~s a certificate granted under section 12; (e) "defiler" means a dealer in spices; (f) "estate" means the area administered as one unit which con-5 tains jand planted with cardamom plants; (g) "export" and "import" means+ respectively, taking out of or bringing into india by land, sea and air;, (h) "manufactu,rer" means a manufacturer of spices; (i) "member" means a member of the board appointed under 10 sud-section (3) of section 3; (j) "owner", in relation to any land planted with cardamom plants, includes-(i) any agent of the owner; and (ii) a mortgagee, lessee or other person in actual possession 15 of the land; (k) "prescribed" means prescribed by rules made under this act; (l) "registeted estate" means an estate in respect of which an owner is registered under sub-section (1) of section 8 and includes any estate in respect of which an owner is required to be registered io under the provisions of that sub-section; (m) "refi,stered owner" means an owner of a registered estate which has been or is registered or is required to be registered under sub-section (1) of section 8; and (n) "spices" means the spices specified in the schedule: is provided that the central government may, if satisfied that it is necessary or expedient in the public interest so to do, by notification in the official gazette, add any other spice to the schedule or omit any spice therefrom chapterm the spices board 3 (1) tile central govemmeat shall, by notiftcation in the odicial g-tte, codbtitute, for the purposes of this act, a board, to be called the spiees board,constitution and incorporation pi the board (2) the board shall be a body corporate by the name aforesaid having 35 perpetual succession and, a common seal with power, subject to the provisions of this act, to contract and shjll, by the said name, sue and be sued (3) the board shall consist of such number of members, not exeeedinc thirty-two, u may be preaeribeci, and: unlen the rules made iii this behalf 40 ofbenrise provkle, the board 811 consist of the fouowid, members namel,:-(4) a chairman; (b) tbree members of parliament, of whom two shad be eleeted 'y the bowie of the people and one by the· coudeo of statel; 45 (c) three members to i'epreaent respectively the miiusten of the central goverdjdellt dealinl' with-(i) commerce; (ii) agriculture; and (iii) finance; 5 (d) six members to represent the growers of spices; (e) eleven members to represent the exporters of spi~; (1) three members to represent major spice produein, states; (g) five members, one each to repreaent-10 (i) directorate of cocoa, areculut and spices development, calicut; (ii) the india institute of packaging, bombay; (iii) the central food technological and research ilibtitute, mysore; (iv) the regional research laboratory, trivandrum; and 15 (v) the central plantation corps researeh ~itute, kasargode (4) the office of member of the board shall not disqualify its holder for being chosen' as, or for being, a member of either house at parlia-~o ment (5) the term of ojllce of the members' and! other conditions of service of the members shad be such as may be prescribed (6) the chairman shall, in addition to presiding over the meetfnp of the board, exercise and discharge such powers and duties of the board !l5 as may be delegated to biro by the board and such other powers and duties as may be prescribed (7) the board shall elect from among its members a vice-chairman who shall exercise such of the powers, and perform such of the functions of the chainnan as may be prescribed or as may be delegated to him 30 by the chairman (8) no act or proceeding of the board shall be invalidated merely by reason of-(a) any vacancy in, or any defect in the constitution of, the board; (b) any defect in the appointment of a pe~on acting as a member 35 of the board; (c) any irregularity in the procedure of the board not affecting the merits of the case f (1) the board may appoint the secretary and such other oftkers and employees as it considers necessary "'1' the eftleient diseharp of its secretuf and other ofticerl (0' fadetionl under this aet (2) the terms ad eonditions of service of the secretary and other oiicen ad employeel of the board shall be lueh as may be determined ity njui s· (j) subjeet to 8l'1)' rules made in this behalf, the &ard ··mai • ~ time to time, constitute such committees as may be necessary for the efticient discharge of its functions advisory committees (2) every committee constituted under sub-section (l) shall consist of such number of persons as the board may deem fit 5 6 (1) on and from the commencement of this act,-(a) all properties and other assets vested in the cardamom boal'd add tbe spices :mtport· promotion council' immediately before such commencement shall vest i14 the board; (b) all debts, obligations and liabilities i~(re<i, all contracts 10 entered into and all matters and things enga:ged to be clone by, with, transfer of assets and liabilities of the cardamom board and the spices export promotion council to ~he board 01' for the cardamom board or the spices export promotion coundl immediately before such commencement for or in connection with the purposes of the gaj;damom beard a 1ha ,spi~ea expon promotion council shall be deemed to have been incurred, entered· into and 15 engaged to be done by, with, or for the board; (c) 011 sums of money due to the cardamom board or the spices export promotion council immediately before such commencement shall be deemed to be due to the board~ (d) au· suits and other legal proceeding~ instituted or which 20 could hnve ·been instituted by or against the cardamom board or the spices export promotion council immediately) before such commencement may be continued or instituted by or ag~nst the board; and (e) every employee holding any ofbce under the cardamom board 25 or the spices exfk'rt promotion coullcil immediately before such commenoement shall on such commencement hold his ofbce or serviee udder the board with the same rights and prlvueges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting; 30 land shall continue to do so unlels and until his employment under the board is duly terminated or wltil his remuneration and other conditions of service are duly altered by the :aoard~ (2) notwithstanding anyth,ing contained in the industrial disputes act, 1947 or in a!ly other law for the time being in force, the absol'j)tiod 35 of any employee by the board in its regplar service under this section shall not entitle such employee to any compensation under that ~ or other law and no such claim shall be entertained by any court, tribunal or any other authority 7 (1) the board may-(i) develop, promote and re,uiate rpori of· piees; functiona of the boar4 (ii) grant certifleate for export of spices and reliat bro¥n ' , ( ), undertldte pl'olj'ammel and p~ojeets fw rl'rpi,jiqa of ~ of ipicell; , 45 <w> auist and e cour,e itwues end ~ch fa, ij!qtfttv _t, of pro-;eilllnl, quality, techniques of gradid, and paclja&iq ~ • aw~ (!') strive 'towards tabiliaatiod of prices of spices of esports; (vi) ~volve suitahle, quality standards and itttroduce certifitation of q~aldy through "quality markillg" for spices for export; (vn) control quality of spiees for export; 5 (viii) gi~e i:eeeees, · bjeet to such terma and conditions a!llmry be prescribed, to the manuiaeturers of spices for export; (ir) marlcet ··anyspiee, 'if, it 'eon8iders necessary in the interest of promotion of· export; , (x) provtdewarehousing facllit:es abroad for spices; if) (xi) collect statistics with regard to spices for compilation and publication; (xii) import, with the previous approval of the central government, any spice for sale; and (xiii) advise the central government on matters relating to import· and export of spices (2) the board may also-(i) promote co-operative efforts among growers of cardamom; (ii) ensure remunerative returns to growers of cardamom: 20 (iii) provide financial' or other assistance for improved method" of culttwt;on add 'proeessing of cardan, for replanthlg· cardamom aad for extension of "nrdamom growing 'areas; (iv) regulate the 'uleof cardaloom -add stabi1isation of prices of cardamom; (v) pl'8videtrliiningin eardamglll testmg arid fixidg grade 'stan 'dards ~f tant81ftold; 25 (vi) increase the consump~on of cardamom and carry on propaganda for that purpose; (vii) register and licence borkers (indudlnu auctione'l'fl) of cardamom and persons engaged in tbe lbu9ines!l or ca1'dlljllom: (viii) ·improve the marketing of cardamom: 30 (ix) collect statistics from 2'rowen, dealers and such othpr :persons as may be prescribed on any matter relatin~ to the cardamom industry: publish statistics so col~d dr· fioi"thm~ thereof' ftr 't!ijrtradstherefrom; (x) secure better workin2' conditions and the provision and 35 improvement of amenities and incentives for workers: and (xi) undertake, assist or encourage scientific, techno1~c1 and economic research chapl'er iii rl!:gistration of owners of caju)amom esta'l'es40 r (n everv owner of land plantedwi~ rardamom plants whether registra-\l:uch land is comprised in one estllte o~ more than ,one e,qtat~ l'ihall bf'-tion of h owners of fore the expiration of one month from the date on which p first became cardamom owner of !lueh estate or pl'itates anplv to the rectisterlnd offi(,p,1" i1nnointestates -ed in this behalf bv the state government to be 're'r{istered lie; 'an owner "tn respect of each estate owned by him: provided th::lt thp state' gov~mment may, 'for sumcient reams extend the time-limit for registration by such period fl\ll it thinks fit (2) registration once made shall continue to be in force until it is c~ncelled by the registering officer 9 (1) the state government may,by notification in the official gazette, make rules to carry into effect the provisions of section 8 5 | power | of ||----------|-------|| state | || govern- | || ment | to || make | || rules | |(2) without prejudice to the generality of the foregoing rower, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such application's, the particulaj's to be included in such application, the procedure to be followed in granting, and cancelling registration, the registers to be kept by registering officers and the supply by registering officers of informa-10 tion to the board ' 10 (1) a registerefl owner shall furnish returns to the board in ," 'such form, at such times and in such manner as may be prescribed returns to be maae by registered owners (2) the board may authorise an officer to visit any estate at any time to verify the accuracy of any return made under this section ,or to 15 ascertain the productive capacity of the estate chaprer iv certificate for export of spices11 save as otherwise provided in this act, no person shall, ~fter the commencement of this act, commence or carryon the busiliess of 20 export of any spice except under and in accordance with a certificate: no person to expo~ spices without certitlcate provided that a person carrying on the business of export of spices ,immediately before the commencement of this act, may ,continue to do so for a period of three months from such commencement; and if he has made an applieation for such certificate within the said period of three g5 months till the disposal of such application exp14nation-the reference in this sectil)n to the commencement of this act shall be construed in relation to any spice added to the schedule by notification under, the proviso to clause (n) of section 2 as reference to the date with effect from which such spice is added to the 30 schedule grant of certificate 12 (1) an application for grant of certificate shall be made to the board; in such form and shall contain such particulars as may be prescribed and shall be accompanied by a receipt evidencing the payment of the prescribed fee (2) on receipt of such application, the board, shall,-(0) if the application is not in the prescribed form or 'does not contain any of the prescribed particulars, return the application to the applicant; or (b) if the application isin the prescribed ,form and contains the 40 prescrihed particulars erant the certificate subje'ct to such terms and conditions as may be determined by regulations 13 (1) the board may cancel any certificate on anyone or more of the following grounds, namely:-cancellation, 8uspen-ilion etc, of certi fteate (0) that the holder of the certiftcate has violated any of the 45 terms and conditions of the certificate; and (b) that in the opinion of the central government it is nece abry in the interests of general public to cancel the certificate, (2) where the board, for reasons to be recorded in writin,a, is satisfied that pending consideration of the question of cancelling the certificate on any grounds mentioned in sub-section (1), it is necessary so to 5 do, the board may, by order in writing, suspend the operation of the, certificate for such period not exceeding f('rty-five days as may be specified in the order and require the holder of the certificate to show cause, within fifteen days from the date of receipt of such order, as to why the suspension of the certificate should not be extended till the determination of the question as to whether the registration should be cancelled 10 (3) no order of cancellation of registration under this section shall be made unless th~ person concerned has been given" a' reasonable opportunity of being heard in respect of the grounds for such cancellation appeal 14 (1) any person aggrieved by an order made u·nder section 13 i_may prefer an appeal to the central government within such period as !) may be prescribed (2) no appeal shall be admitted if it is preferred after the expiry of the period prescribed there~or: ' providen that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the central govern-80 ment that he had sufftcient· cause for not preferring the appeal within the prescribed perroct (1> every appeal made under this section shall be made in such form and shall be accompanied by a copy of order appealed against and by such fees as may be prescribed 85 (4) the procedure for disposing of an appeal shall be such as ·may be prescribed: provided that before disposirijl of an ~p~~l the appellant shall be given a reasonable opportunity of being heard (5)- 'nte central government may conftrm, modify or reverse the 30 or~er appealed against | power ||----------|| permit· || export || without || certi- || ficate |15 the central government may, if ·satisfted that it is necessary or expenient so to do in public intprert bv nntificatinn in the oftichll gazettr ann subject to such conditions if any as may be rpeeifted therein "ermit anv body or other ntj~ncv to commence or carry on the busi-35' ,' , nes~ of extlort of st'llcf's without a certificate chapter v control ~y nn: central governm1l!ntlro) the centrrl govemment may, bv o,rder notified in the official gazette fhe: in respect of c::lrdamom of any rtescriptionspecifted 40 therein-powcrto control price and distribution of cardamom (a) the maximum nrice or the minimum fl"ire or the maximum an~ minimum prices whfrh mav be- charged bv /i jlrnwer of rarnamoitl or c9'!':iamnm delller wholesale or ret~n whether ,or" the in"'an market or for export; and 45 (11) thp mll;ximllm ~u",ntit" whic'h may in one transaction be s"ld to any person (2) without prejudice to tne generality of the powers conferred by sub-section (1), any order made thereunder may provide-(a) for requiring persons engaged in the production, sup~ly ?r distribution of, or trade and commerce in, cardamom to mamtam and produce for inspection such books, accounts and records relat- 5 ing to their business and to furnish such information relating thereto as may be specified in the order j and (b) for such'other m~tters, including in particular the entering and search of premises, vehicles, vessels and aircraft, and the seizure by a person authorised to make such search, of cardamom in respect 10 of which such person has reason to believe that a contravention of the order ha's been, is being or is about to be, committed 17 the central government may, by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling the import of cardamom, either generally or in specified classes 15 of cases 18 (1) without prejudice to the foregoing provisions of this act, the board shall, in the discharge of its functions and duties under this act, be bound by such directions on' questions of policy as the central government may give in writing to it from time to time: 20 power to "p!'ohlhibit or control import of cardamom power of the central government to issue diretionb provided that the board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section (2) the decision of ilie central government whether a question is one of policy or not shall be final 25 19 (1) if at any time the central government is of opinion-(a) that on account of grave emergency, the board is unable to discharge the functions and duties imposed on it by or under the provisions of this act; or ' power of the central government to lupersede the board (b) that the board has persistently made default in complying 30 with any direction i!lsued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the board or the administration of the board has deteriorated; or 35 (c) that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, ,supersede the board for ~uch period, not exceeding six months, as may be specified in the notification 40 (2) upon the publication of tl notification under sub section (1) superseding the bo~,-:-(0) all the members shall, as from the date qf 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 board, shall until the board is reconstituted under sub-section (3), be exercised and discharged by such person or per-5 sons as the central government may direct; and (c) all property owned or controlled by the board shall, until the board i's reconstituted under sub-section (3), vest in the central government (3) on the expiration of the period of supersession specified in the 10 notification issu~d under sub-section (1), the central government may, reconstitute the board by a fresh appointment and in such case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be deemed disqualified for appointment: provided that the central government may, at any time, before the 15 expiration of the period of supersession, take action under this sub-section (4) the central government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house 20 of parliament at the earliest chapter vi fin nce, accounts and auditzoo the central government may, at1ter due appropriation made by parliament by law, in this behalf, make to the board grants and 10al114 of 25 such sums of money as that government may consider n~essary grant and loans by the central government board fund 21 (1) there shall be constituted a fund to be called the spices board fund and there shall be credited thereto-(a) any grants and loans made to the board by the central government under section 20; (b) all fees levied and collected in respect of certificates granted under this act; and' (c) all sums received by the board from such other sources as may be decided upon by the central government (2) the fund shall be applied for meeting-35 (a) salary, allowances and other remuneration of the members, officers and other employees of the board; (b) expenses of the board in the discharge of its functions under section 7; and (c) expenses on objects and for purposes authorised by this act 40 ~ the board shall prepare in such form and at such time each budpt financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts anq expe'nditure of the board and forward the i:jame to the central government annual report 23 the board shall pl'epare, in such form and at such time each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government accounts and audit 24 the accounts of the board shall be maintained and audited in 5 such manner as may, in consultation with the comptroller and auditor-general of india, be pre~cribed and the board shall furnish to the central government before such date as may be prescribed, its audited copy of accounts together with the auditors' report thereon 25 the central government shall cause the annual report and 10 auditor's report to be laid, as soon as may be after they are received, before each house of parliament annual report and auditors report to be laid before parhameat chapter vii miscellaneouspenalty for making false returns 26 any person who being required by or under this act to furnish 15 any return fnils to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fbie which may ~xtend to five hundred rupees 20 27 any person who-(a) obstructs any member authorised by the cha~rman in writingor any officer or other employee of the bo~rd authorised by it in this behalf or any person atit~orised in this behalf by the central government or by the board, in the exercise of any power conferred, or in the discharge of arty duty imposed, on him by or under 25 this act: or (b) having control over or custddy of any account book or other record, faus to produce such book or record when required to do so by or under this act, shall be punishable with imprisonment which may extend to six months, go or with fine which may extertrl to one thousand rupees, or with both | penal- | ||----------|-------|| ties for | || obstnic- | || ting an | || officer | || or | || mem- | || ber | || of | || the | board || in | the || dis- | || charge | || of | || his | du- || tiej | and || for | fail- || ure | to || produce | || books | || and | || records | |28 (1) if any person contravenes any order made under section 16, he· shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; and the property in respect of which the order has been con- 35 travened or such part thereof as the court may deem fit, shall be torfeited to the central government penalty for centravention of order relating to ~ control of price, me (2) any person who attempts to contravene, or abets the contravention of, any 6rder under etlan 16 shall 'be deemed to have contrav'efiec'f that order '2 of 1962 20 if ahy person contravenes the provisions of iection 11 or any order made under 'section 1 ~ he shall, without· prejudlee to any confiscation or penalty to which he may be liable under the provisions of the customs act, 1962, be punishable with imprisonment for a term which may extend 5 to one year or with ftne wl10ich may extend to one thousand rupees, or with both , " _ "_,',,ii:,i:i pcdal ties for cqatraveation of section 11 or any order made under section 17 other penalties 30 whoever contravenes or attem'pts to contravene or abets the contravention of the provisions of this act or of any rules or regulation,s' made thereunder other than the provisions, punishment for the contra-10 vention whereof has been provided for in sections 26, 27, 28 'and 29, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention 15 continues after conviction for' the first such contravention ofrent!ej by companll 31 (1) where an offence under this act has been committed by a company, every person who at the time the offence was commuted was in charge of, and was responsible to, the compal1y for the conduct of the business of the company, as well as the company, shall be deemed 20 to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he prows that the offence was committed without his knowledge or that he 25 had exercised all due ailigence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where nn offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or 30 connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and ;punished aceerdingly 35 e:rplanation-for the purposes of this section,-(a) "company" means any body corporate and includes a finn or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm 32 (a) all spices ·to which section 11 of this act applies, and 40 (b) the 'earoamom to which any ortier under section 17 ot this act applies, shall be deemed to be goods of which the import or export has provisions ot act 52 of 1982 to apply to export of spices and lm-b~eh prohlbited or restricted under section 11 of the customs act, 1962, and-all the provisions of that act shall have effect accordblgly po~ of cudamom 33 no prosecution lor any offence punishable under this act shali be instituted except with the previous sanction of the central government \ previous sanction of theceatral government dele_ gation 34 the board may, by genera] or special order in wdting, ~elegate to the chairman or any other member or to any officer of the board, subject to such conditions and limitations, if any, as may be specified in 5 the order, such of its powers and ~unctions under this act (except the power under section 39) as it may deem necessary 35 all members, officers and other employees of the board shall be deemed, when acting or purporting to act in pursuance of any of the p,rovisions of this act to be public servants within the meaning of 10 section 21 of the indian penal code fa of 1860 member5, officers and employees of the board lobe public servants protectionof action taken in rood faith 36 no prosecution or other legal proceeding shall lie against the government, or the board or any committee appointed by it, or any member of the bocirq or such committee, or any officer or employee of the g~vernme~t or the board or any other person authorised by the i') government or the board, for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder power to enter 37 subject to any rule made in this behalf, any person generally or specially authorised by the board in this behalf, may whenever it is 20 necessary so to do, for any of the purposes of· this act, at all reasonable times, enter upon any land or premises and make any inspection or inquiry or do such other act or thing as may 1;>e prescribed: pro~ded that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling house (unless with the 25 consent of the occupier thereof) withqut previously giving such occupier at least twenty-four hours' notice in writing of his intention to do so 38 (1) the central government may by notification in the official gazette, make rules to carry out the purposes of this act power to make rulei (2) without prejudice to the generality of the foregoing power suell 30 rules may provide for all or any of the following matters, namely:-(a) the number of members of the board under sub-section (3) of section 3; (b) the term of office and other conditions of service of the ·members of the board under sub-section (5) of section 3; 35 (c) the powers and duties of the chairman und~r sub-section (6) of section 3; , (4) the powers iulci functions of the vice-chairman under subs«ltion (7) of ~tion 3; (e) the constitution of com!"ittc::$ under section 5; 40 (i) fhe tenns and oonditionsfor grant of licences to manufacturers of ~pices for export under clause (viii) of sub,section (l) of aection 7; (g) the form and manner in which and the time at which the registered owner ~ay furnish returns to the board under section 10; (h) the form of the application and the fees under sub-section (1 ) of section 12; '5 (i) the period of limitation for appeal under sub-sectlon (1) of section 14; (j) the form of appeal and the fees payable under sub-section (3) of section 14; (k) the procedure for disposal of appeal under sub-section (4) 10 of section 14; (l) the manner in which the account's of the board shall be maintained and audited and the date before which the audited copy of the accounts may be furnished to the central government under section 24; 15 (m) the conditions and the restrictions with respect to the exercise of the power to enter under section 37; (n) any other matter which is to be, or may be, prescribed, or ill respect of which provision is to be, or may be, matte by rules power to make ,regulations 39 (1) the board may with the previous approval of the central 20 government, by notification in the official gazette, make regulations consistent with this act and the rules generally to carry out the purposes of this act (2) in particular and without prejudice to the generality of the foregoing power', such regulations may provide for all or any of the 25 following, namely:-(a) the terms and conditions of service of the secreta~y and other officers and employees of the board un,der sub-section (2) of section 4; and (b) the terms and conditions under which the certificate may be 30 granted under sub-section (2) of section 12 rules and regulatiom to tc' laid before parlia ment, power ~o r:!move difflculties 40 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, 35 before the expiry of the session immediately, followipg 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 40 may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation 41 (1) if any difficulty arises in giving effect to the provisions of this act, th~ central government may, by order: published in the offtcial 45 gazette, make such provisions not inconsistent with the provimons of this act as may appear to be necessary for' removing the difficulty: provided that no order ahall be ~de uncutr this action after the expiry gf two years from the corrunencement of this j\ct <g) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament 42 (1) sections 3 to 33 of the cardamom act, 1965 are hereby repealed 5 ,42 ot 1968 repeal and savings (2) notwithstanding such repeal, anything' done or any action taken under the provisions of 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 as if the said provisions were in force when, such thing was done or suqh action iq 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(n)] 15 1: cardajn()m 2 pepper 3 chhly 4 ginger 5 turmeric 6 coriander 20 7 cumin 8 fermel 9: fenugreek 10 celery 11 aniseed '12 bishopsweeu 13 caraway 14 dill 15 cinnamon 16 cac:sia 17 garlic - 18 curry le~ 19 kokam 20 mint 35 21 mllstard 22- f'arsley ~ pomegranate seed 24 sa1fron 25 vanilla ,26 tejpat fo in any form inc~l1ding curry powders, spice 011, oleoresin! and ot4er mixtures when spice conteatis pre-domin~nt statement of objects and reasonsindia has been a tradiijonal exporter of spices though exports of spices from india have shown marginal increases over the last few years, the proportionate share of india in the total world trade has declined to about one-third 2 at present, the spices export promotion council looks after the exports of spices while the development of production and exports of cardamom is being taken care of by the cardamom board due to lack of a cohesive organisation as well as financial constraints, india has not been able to undertake systematic development of products and export of spices as a result, there has been limited product development and our spices are being exported largely in bulk and unprocessed form concentrated effort to promote exports in value added form and consumer packag~ are required to be made markets for spices as also the prices have been ftuctuating from year to year causing ftuctu~qons in the production pattern the uneven production pattern has, in tum, its effect on exports '['here is need for bringing out stabilisation in the export business of spices similarly, there is need to bring about constant improvement in quality of ollr products, and in productivity to improve competitiveness of indian spices 3 while a number of institutions and research organisations are operating in the spices sector, co-ordination of the activities of these agencies is considered necessary 4 in" view of, these problems affecting the spices trade and industry, it has been considered that the future export policy should concentrate on increasing production and productivity qf spices, develop~ent of spice exports in value added form and initiating production of new spices and spice products for the international markeit for this purpose, it is pro-posed to set upa spices board replacing the cardamom board and the spices ,export promotion council while absorbing the present assets and ,taft of these" two organisations, the proposed spices board will be responsible for the entire range of functions of production, marketing, exports and export promotion with regard to cardamom and export promotion for all other spices tfle new board would have representatives of growers, centre! and state governroents, research institutions, traders and exporters it will be financed by a cess on exports within a ceuing of five per cent the availability of funds will make it possible for it to direct and promote research and developmental activities aimed at increasing exports of spices and spice products such activities need the support of an organisation having a bound financial base tq help the tirade compete successfully against international competition 5 the bill seeks to achieve the above objects new delhi; arjun singh the 25th notjember, 1985 clawe 2 seeks to define certain words and ~pression8 used id the bid clau;ge 3,-sub-clause (1) provides for constitution' of the board sub-clause (2) makes such board a body corporate - i sub-clause (3) provides that the board shall consist of members not exceeding thirty~two sub-clause (4) provides that the office of the member of the board shall not disqualify its holder for being a member of either house of parliament· sub-clause (5) provides that the term of office of the members and other conditions of service· of members of the board may' be prescribed sub-clause (6) lays down the powers and duties of the chairman sub-clawe (7) provides for the powers and functions of the chairman sub-clause (8) lays down that any vacancy, defect or irregularity in the constitution, appointment or procedur-e of the board shall not invalidate the proceedings of the board clause 4 provides for the appointment of the secretary other ofbcers and employees of the board and their terms and conditions of service clause 5 empowers the board to constitute advisory committees as may be necessary for performing its functions clause 6 (1) provides for' transfer of assets and liabilities vested in the cardamom board and the spices export promotion council from the date of commencement of the act the clause further provides that-(a) all debts, obligations and liabilities incurred, all contracts entered into by the cardamom board or the spices export promotion council ihall be deemed to have been incurred or entered into by or for the board - (b) all sums of money due to the cardamom board or the spices export promotion council shall be deemed to be due to the board (c) all suits or legal proceedings with respect to any matter in relation to cardamom board or the spices export promotion council which have been or could have been instituted by or against the cardamom board or the spices export promotion council may be im;tituted against the board (d) every employees holding oftke under the cardamom b~d or the spices export promotion council shall hold his office in the board by the same tenure and upon the same terms and conditions of lervice sub-clause (2) provides that absorption of any employee by the board under this clallse shall not entitle him to any compensation under the industrial disputes act, 1947 (14 of 1947) clause 7 lays down the functions of the board which inter cilia include development, promotion and export of spices, grant of certificate for export of spices, undertake programmes and projects for promotion· at export of spices, assist and encourage studies and research for improvinl of process, quality, technique of grading and packaging of spices, stabilisa· tion of pr:ce of spices for export evolve suitable quality standard and introduce certification of quality through quality marking for spices for export, control quality of spices for export, give licence to manufacturer of spices for export, market for spice in the interest of promotion of export, pr'>vide warehousing facilities abroad for spices, collect statistics, import with the approval of the central government any spice for sale and advise the central government on matters relating to import and export of spices clause 8 provides fol' registration of owners of cardamom estates clause 9 empowers the state governments to make rules prescribing the form of application for registration, cancellation of registration and the fee payable by applicants for registration, etc clause 10 provides that a registered owner shall furnish returns to the board as may be required by the board clause 11 prohibits the export ot spices without a certificate clause 12 lays down the procedure for grant of certificate for export clause 13 provides for cancellation suspension, etc, of certificate of export clause 14 lays down that a person aggrieved by an order of refusal to grant of certificate of export m iy prefer an appeal ·to the central government clause 15 empowers the central government to permit anybody or other agency to export or carry on the business of export without certificate·· clause 16 empowers the central government to control price and djstribution of cardamom clause 17 prohibits the import of cardamom clause 18 empowers the central government to issue directions to the board clause 19 provides for supersession of the board clause 20 provides for giving and grants of loans by the centra' government clause 21 provides for constitution of spices board fund clauses ~2 23 24 and 25 make usual provisions regarding preparation of budget annual report accounts and audit and laying of annual report and audit report before parliament clause 26,27,2829 and 30 lay down the penalties for contravention of different provisions of the act clause 31 ,provides for offences by companie'~clause 32 provides that the provisions of castoma act, 1962 (52' of 1~62) shall apply to export of spices and import of cardamotnl clause 33 lays down that the previous sanction of the central government is necessary before any prosecution under the bill crause 34 provides for delegation of powers by the board to the chairman or' any other member or officer of the board clause 35 lays down that all members, officers and' other employees by acting in pursuance of any of the ,provisions of the act shall be deemed to be public servant : olause 36 se!!ks to giveprotec~ion to any member, officer or employee' of the authority in res~t of any thing done or intended to }:i~ done in good faith in pursuance 'of this bill or the rules or rerulations made thereunder clause 37 seeks to empower any person generally or specially authorised by the board to enter, inspect, surveyor take levels of any land or premises necessary for the purposes of this bill at all reasonable times clause 38 confers upon the central government power to make rules in respect of number of members of the board, term of office and the other conditions of service of members powers duties and functions of the chairman and vice-chairman, the fotm for preparing budget and annual report, the f~rm of appeal and procedure for disposal thereof, etc clause 39 confers powers on board to make, with the previous approval of the central government, regulations genetaly to carry out the purposes of this bill clause 40 provides laying of rules and regulations on the table of boih the houses of parliament ' clause 41 seeks to empower the central government to remove any difficulty which may arise in giving effect to the provisions of this bui clause 42 seeks to repeal the cardamom board act, 1965 sub-cipuses ,(1) and (3) of clause ,3 of the bu~ provide, respectively for the establisqment and constitution of the spices b\itu'd sub-clause (5) of clause 3 provides that the term of office of the members including the chairman and other conditions of service of the m~mbers shall be such as may, be presclibed 2 clause 4 provides for the appointment of the secretary and other officers and employees of the board ' the secretary, other officers and employees will be entitled to such salaries and allowances as may be determined by regulations under sub-clause (2) of clause 4 provision has been made under clause 19(2) (b) for ,appointment of a rerson or persons to exercise and' perfonn the powers and duties of the board when the board is superseded 3 clause 7 provides for the functions of the board and these include, intler alia, developing, promoting and regulating export of spices and undertaking progrrnunes and projects· for promotion and export of spices' ,4 the aforementicmed p~ovistons of the, bill, involve expenditure towards-(a) payment of salaries allowances, etc, of the members of the , 'board including' the chairman, persons appointed to exercise the powers and duties of the board when the board is dissolved and of the officpfs and employees cf tiie board,; and (b) meeting othc:!r administrative expenses of the board including expenses for discharging its fu~ctions 5 clause 21 of: the bill provides for the constitution of a fund to be called the spices board 'fund and the fund is to be applied for meeting the aforementioned expenditure the fund will consist, inter alia, of the grants and loans given by the central government under cluse 20 and the fees collected by the board 6 it is not po!lsible at the present stage to indicate the expenditure involved the spices board will utilise the budget available with the cardamom board in the first instance however, it is estimated that additional amount of about rs 20 lakhs will be incurred initially on the establishment of the board when the board expands its activities, its expenditure may jncrease further the board will meet its expenditure from its own fund and any payments made to the board by the central government after due appropriation' made by parliament by law in that behalf " ~ ' '1"','' ''''' ,-", memorandum regarding delegated legislationclause 9 of the bill empowers the state govemment to make rules to prescribe the form of application for registration and its cancellation, the fee payable on such application, the particulars to be included in such applications and the procedure to be followed in granting and cancelling registration and the registers to be kept by registering officers clause 38 of the bi~l empowers the central government to make rules to provide, among other matters, the tenn of office and other conditions of service of members of the bowd, powers and duties of the chairman and vice-chainnan, the constitution of the advisory committees, the form in which the board may prepare its budget and annual report and maintain its accounts and the manner of audit of accounts, the conditions and restrictions with respect to the power to enter upon any land or premises clause 39 of the bill empowers the board, to make, with the previous approval of the central government, regulations to provide for the terms and conditions of service of the secretary and other officers and employees of the board and the terms and conditions under which certiftcate for export may be granted the matters in respect of which rules and regulations may be made under the aforementioned provisions are matters of procedure or administrative detail and it is hardly practicable ~ provide for them in the bf1l itself the delegation of legislative power is, therefore, of a normal character a bill to provide for the constitution of a board for the development of export of spices and for the control of cardamom industry including the control of cultivation of cardamom and matters connected therewith (shri ar;un singh, minister of commerce)

Parliament_bills

772455f2-4277-59e1-adfe-d2292b6b03d9

the maintenance of internal security (second amendment) bill, 1976 a billfurther to amend the maintenance of internal security act, w71be it enacted by parliament in the twenty-seventh year of the republic of india as follows:-1 (1) this act may be called the maintenance of internal security(second amendment)act, 19765(2) it shall be deemed to have come into force on the 16th day of june,shotttitle andcommencement19762 in section16a of the maintenance of internal security act, 1971(hereinafter referred to as the principal act), in sub-section(1), for the words "twelve months", the words "twenty-four months" shall be substi-amendment of act 26 of197110 tuted3 for the removal of doubts, it is hereby declared that every declara-removal of doubtstion made under section 16,aof the principal act before the commencement of this act and in force immediately before such commencement shall have effect as if the amendment made in that section by this act had15 been in force on and from the 29th day of june, 19754 (1) the maintenance of internal security(amendment)ordinance,1976is hereby repealedrepeal andsaving(2) notwithstanding such repeal, anything done or any action taken under the principal act as amended by the said ordinance shall be deemed20 to have been done or taken under the principal act as amended by this act statement of' objects and reasonsthe special provisions for dealing with the emergency contained in section 16a of the maintenance of internal security act, 1971, would have ceased to have effect on the expiry of twelve months from the 25th day of june, 1975 in the interests of the security of the country and public order and for effectively meeting the emergency, it was considered necessary to extend the period of operation of these provisionshence, the president promulgated, on the 16th june, 1976, the maintenance of internal security(amendment)ordinance,1976, to extend the period of operation of the said provisions so as to provide that the provisions shall have effect for the period of twenty-four months(instead of twelve months) from the 25th day ofjune, 1975"or the period of operation of the proclamation of emergency issued in 1971, or the period of operation of the proclamation of emergency issued in 1975, whichever is the shortestthe ordinance also provided for the continuance of the declarations made under the said provisions before the commencement of the ordinance and in force immediately before such commencementthe bill seeks to replace the above-mentioned ordinance k brahmananda reddinewdelhi;\the 25,th july, 1976 annexure extractfromthemaintenanceof internalsecurityact, 1971 (26 of 1971) 16a (1) notwithstanding anything contained in this act or any rules of natural justice, the provisions of this section shall have effect during the period of operation of the proclamation of emergency issued under clause(1) of article352 of the constitution on the 3rd day of december, special provisions for dealing with emergency1971, or the proclamation of emergency issued under that clause on the25th day of june,1975, or a period of twelve months from the 25th day of june,1975, whichever period is the shortest lok sabra a billfurther to amend the maintenance of internal security act, 1971(shri k brahmanancla reddy"minister of home affairs)

Parliament_bills

c1478018-88d6-53c7-9abb-80c93b274666

bill no 34 of 2017 the special financial assistance to the state of rajasthan bill, 2017 by dr manoj rajoria, mp a billto provide for special financial assistance to the state of rajasthan for the purpose of promoting the welfare of the scheduled castes, the scheduled tribes and the other backward sections of people and for the development, exploitation and proper utilisation of its resourcesbe 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 special financial assistance to the state of rajasthan act, 2017special financial assistance to the state of rajasthan52 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 rajasthan 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 promoting the welfare of the scheduled castes, the scheduled tribes and other backward sections of people or for the development, proper utilisation 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 to be made by parliament or for the time being in forceact not in derogation of other law statement of objects and reasonsthe state of rajasthan is socially and economically backward problems of poverty, unemployment, illiteracy as well as measures for proper utilization of resources, welfare of weaker sections in the region are required to be addressed urgently by initiating new development schemes in a time-bound manner being a border state, rajasthan is strategically located and it is in the nation's interest that its development needs are addressed it is, therefore, necessary that the central government should provide special financial assistance to the state of rajasthan for its all-round development including the welfare of weaker sections and for the development and exploitation of its vast 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;manoj rajoriafebruary, 9, 2017 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 rajasthan 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 rajasthan as the sums of moneys which will be given to the state of rajasthan 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 rajasthan for the purpose of promoting the welfare of the scheduled castes, the scheduled tribes and the other backward sections of people and for the development, exploitation and proper utilisation of its resources————

Parliament_bills

b161574a-4be7-51f2-a7c7-539082d4a286

memorandum regarding delegated legislationclause 4 of the bill empowers the central government to frame rules for carrying out the purpose of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of anormal character

Parliament_bills

37624732-2d42-5d75-bf1d-c08c7b27f9e0

bill no 151 of 2021 the narcotic drugs and psychotropic substances (amendment) bill, 2021 a billfurther to amend the narcotic drugs and psychotropic substances act, 1985 be it enacted by parliament in the seventy-second year of the republic of india as follows:—short title and commencement1 (1) this act may be called the narcotic drugs and psychotropic substances(amendment) act, 2021(2) it shall be deemed to have come into force on the 1st day of may, 2014repeal and savings3 (1) the narcotic drugs and psychotropic substances (amendment)ordinance, 2021 is hereby repealedord 8 of 2021(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 corresponding provisions of the principal act, as amended by this act5 statement of objects and reasonsthe narcotic drugs and psychotropic substances act, 1985 (the ndps act) was enacted to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operation relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances and to implement the provisions of the international convention on narcotic drugs and psychotropic substances and for matters connected therewith the ndps act was amended in the years 1989, 2001 and lastly in the year 20142 prior to the amendment of 2014 in the ndps act, clause (viiia) of section 2 of the said act, contained sub-clauses (i) to (v), wherein the term 'illicit traffic' had been defined this clause was re-lettered as clause (viiib) by the narcotic drugs and psychotropic substances(amendment) act, 2014, as a new clause (viiia) in section 2 defining 'essential narcotic drugs' was inserted however, inadvertently consequential change was not carried out in section 27a of the ndps act, at the time of amendment in section 2 by the narcotic drugs and psychotropic substances (amendment) act, 20143 in a recent judgment, hon'ble high court of tripura, passed in crl ref 1/2020-court on its own motion vs the union of india has held that 'until the appropriate legislative change occurs by amending section 27a of the ndps act appropriately, sub-clauses (i) to (v) of clause (viiia) of section 2 of the ndps act shall suffer effect of deletion and bringing in sub-clauses (i) to (v) of clause (viiib) of section 2 of the ndps act in that place' and directed to take appropriate steps for amendment as required in section 27a hence, with a view to have correct interpretation and implementation of the ndps act, it was decided to rectify the anomaly in section 27a of the act by substituting 'clause (viiib)' in place of 'clause (viiia)' in section 27a4 as parliament was not in session and urgent legislation was required to be made, the president promulgated the narcotic drugs and psychotropic substances (amendment) ordinance, 2021 (ord 8 of 2021) on the 30th september, 2021 for rectifying the said anomaly by substituting in section 27a of the ndps act, the reference of "clause (viiib) of section 2", for "clause (viiia) of section 2"5 the amendment does not create any new offence but contains a legislative declaration that reference of clause (viiia) always meant the corresponding renumbered provision in clause (viiib) and the amendment seeks to rectify this anomaly by making changes in section 27a of the said act in order to carry out the legislative intent of the statute, which has always been to read clause (viiib) in section 27a, and already stood therein6 the bill seeks to replace the aforesaid ordinancenirmala sitharamannew delhi;the 2nd december, 2021 annexure extract from the narcotic drugs and psychotropic substances act, 1985 (61 of 1985)punishment for financing illicit traffic and harbouring offenders27a whoever indulges in financing, directly or indirectly, any, of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees ———— a billfurther to amend the narcotic drugs and psychotropic substances act, 1985————(smt nirmala sitharaman, minister of finance)mgipmrnd—1262ls(s3)—02-12-2021

Parliament_bills

b2a604bb-35d5-5982-a860-66a7099e315d

bill no lvi of 2016 the constitution (amendment) bill, 2016 a bill further 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 commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in the constitution, for article 109, the following shall be substituted, namely:—amendment of article 109"109 (1) a money bill may be introduced in either house of parliamentspecial procedure in respect of money bills10(2) after a money bill has been passed by the house of the people, it shall be transmitted to the council of states for its recommendations and the council of states shall within a period of fourteen days from the date of its receipt of the bill return the bill to the house of the people with its recommendations,and the house of the people may thereupon either accept or reject all or any of the recommendations of the council of states15(3) if the house of the people accepts any of the recommendations of the councilof states, the money bill shall be deemed to have been passed by both houses with the amendments recommended by the council of states and accepted by the house of the people20(4) if the house of the people does not accept any of the recommendations ofthe council of states, the money bill shall be deemed to have been passed by both houses in the form in which it was passed by the house of the people without any of the amendments recommended by the council of states5(5) if a money bill passed by the house of the people and transmitted to the council of states for its recommendations is not returned to the house of the people within the said period of fourteen days, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the house of the people(6) after a money bill has been passed by the council of states, it shall be transmitted to the house of the people for its consideration10(7) the house of the people shall follow the same procedure laid down for considering the bill referred to in clause (6) like any other bill passed by the council of states and transmitted to it(8) the procedure laid down under the clauses (2), (3), (4) and (5) shall be followed in respect of money bills introduced in the house of people; and(9) the procedure laid down under clauses (6) and (7) shall be followed in respect of the money bills introduced in the council of states15amendment of article 1173 in article 117 of the constitution, in clause (1), the words "and a bill making such provision shall not be introduced in the council of states" shall be omitted4 in the constitution, for article 198, the following shall be substituted, namely:—20"198 (1) a money bill may be introduced in either house of legislature of a state which has a legislative councilamendment of article 198special procedure in respect of money bills25(2) after a money bill has been passed by legislative assembly of a state having a legislative council it shall be transmitted to the legislative council for its recommendations and the legislative council shal within a period of fourteen days from the date of its receipt of the bill return the bill to the legislative assembly with its recommendations and the legislative assembly may thereupon either accept or reject all or any, of the recommendations of the legislative council30(3) if the legislative assembly accepts any of the recommendations of the legislative council, the money bill shall be deemed to have been passed by both houses with the amendments recommended by the legislative council and accepted by the legislative assembly(4) if the legislative assembly does not accept any of the recommendations of the legislative council, the money bill shall be deemed to have been passed by both houses in the form in which it was passed by the legislative assembly without any of the amendments recommended by the legislative council35(5) if a money bill passed by the legislative assembly and transmitted to thelegislative council for its recommendations is not returned to the legislative assembly within the said period of fourteen days, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the legislative assembly40(6) after a money bill has been passed by the legislative council, it shall betransmitted to the legislative assembly for its consideration(7) the legislative assembly shall follow the same procedure laid down for considering the bill referred to in clause (6) like any other bill passed by the legislative council and transmitted to it45(8) the procedure laid down under the clauses (2), (3), (4) and (5) shall befollowed in respect of money bills introduced in the legislative assembly; and(9) the procedure laid down under clauses (6) and (7) shall be followed inrespect of the money bills introduced in the legislative councilamendment of article 2075 in article 207 of the constitution, in clause (1), the words "and a bill making such provision shall not be introduced in legislative council shall be omitted50 statement of objects and reasonsthe founders of our indian constitution have thought that only the federal form of government with bicameral legislature is suitable for a vast country like india to sustain its unique feature of "unity in diversity" the constitution has mandated to form a "council of states" ie, a house elected by the elected members of assemblies of the states and union territories, along with a directly elected house of people to represent the parliamentary democracy though the union council of ministers are collectively responsible only to the house of the people and the house of the people solely enjoys the matters relating to certain financial matters, the council of states had also played a constructive and effective role in our federal set up the performance of council of states in the legislative field and in influencing the policies of the government has been quite significant the rajya sabha, the upper house of parliament, has efficiently served its constitutional mandate and preserved its dignity and prestigehowever, article 109 and article 117 of the constitution prohibit the introduction of money bills and certain financial bills in the council of states the decision on these bills is totally vested with the house of people and council of states cannot make amendments to the above bills but only it can recommend amendments and finally accepting or rejecting the recommendations of council of states rests with house of people only introduction and final decision on the money bill are two different things and mere allowing introduction of bills will not have any effect either on the responsibility or on the authority of the house but denying even introduction of money bills in the upper house is not understandable and it is prohibiting the members of the council of states to put forth his/ her ideas in the matters of money bills, thus infringing their rights guaranteed under articles 14 and 19(1) of the constitution even permitting the introduction of money bills in the upper house will not hamper the basic principles of constitution as the house of the people is the ultimate authority to take a decision on the money bills as mandated by the constitution sometimes, a situation may arise that a party in power in a certain state, may not have representation in house of people, and in such situation its representative in the council of states may want to bring to the notice of the government about some issues involving financial liability on the union government, through a private member bill but not allowing him/her to introduce such bills by terming them as money bills/ financial bills hampers the interest of the statesimilarly article 198 and article 207 of the constitution prohibit the introduction of money bills and certain financial bills in the legislative council of the states, wherever they exist this is infringing the rights of members of legislative councilsallowing the introduction of money bills/ financial bills in the council of states/legislative councils does not alter the basic features of the constitution therefore, with due respects to constitutional mandate of specific responsibility given to house of people and legislative assemblies, this bill proposes to sustain the dignity of the upper house of parliament as well as legislative councils of the states by permitting the money bills/ financial bills to be introduced in themhence, the billdr k v p ramachandra rao annexure extracts from the consitution of india 109 special procedure in respect of money bills—(1) a money bill shall not be introduced in the council of states(2) after a money bill has been passed by the house of the people it shall be transmitted to the council of states for its recommendations and the council of states shall within a period of fourteen days from the date of its receipt of the bill return the bill to the house of the people with its recommendations and the house of the people may thereupon either accept or reject all or any of the recommendations of the council of states(3) if the house of the people accepts any of the recommendations of the council of states, the money bill shall be deemed to have been passed by both houses with the amendments recommended by the council of states and accepted by the house of the people(4) if the house of the people does not accept any of the recommendations of the council of states, the money bill shall be deemed to have been passed by both houses in the form in which it was passed by the house of the people without any of the amendments recommended by the council of states(5) if a money bill passed by the house of the people and transmitted to the council of states for its recommendations is not returned to the house of the people within the said period of fourteen days, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the house of the people 117 special provisions as to financial bills—(1) a bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the president and a bill making such provision shall not be introduced in the council of states:provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax(2) a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alternation or regulation of any tax by any local authority or body for local purposes(3) a bill which, if enacted and brought into operation, would involve expenditure from the consolidated fund of india shall not be passed by either house of parliament unless the president has recommended to that house the consideration of the bill 198 special procedure in respect of money bills—(1) a money bill shall not be introduced in a legislative council(2) after a money bill has been passed by the legislative assembly of a state having a legislative council, it shall be transmitted to the legislative council for its recommendations, and the legislative council shall within a period of fourteen days from the date of its receipt of the bill return the bill to the legislative assembly with its recommendations, and the legislative assembly may thereupon either accept or reject all or any of the recommendations of the legislative council(3) if the legislative assembly accepts any of the recommendations of the legislative council, the money bill shall be deemed to have been passed by both houses with the amendments recommended by the legislative council and accepted by the legislative assembly(4) if the legislative assembly does not accept any of the recommendations of the legislative council, the money bill shall be deemed to have been passed by both houses in the form in which it was passed by the legislative assembly without any of the amendments recommended by the legislative council(5) if a money bill passed by the legislative assembly and transmitted to the legislative council for its recommendations is not returned to the legislative assembly within the said period of fourteen days, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the legislative assembly 207 special provisions as to financial bills—(1) a bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the governor, and a bill making such provision shall not be introduced in a legislative council:provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax(2) a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes(3) a bill, which, if enacted and brought into operation, would involve expenditure from the consolidated fund of a state shall not be passed by a house of the legislature of the state unless the governor has recommended to that house the consideration of the bill———— a billfurther to amend the constitution of india————(dr kvp ramachandra rao, mp)gmgipmrnd—4415rs(s3)—03-02-2017

Parliament_bills

f4956316-4f74-5767-9290-b0465e930880

bui no 45 or 1917 the goa, daman and diu mining concessions (abolition and declaration as mining leases) bill 1987 billto provide jor the abolition of the mining concessions in operation in the union territory of goa, damtm and diu and specified in the fint tiitd second scmdules, and for the declaration of such minlng concesriolv as minir!7 leases under the mines and minerals (regulation and development) act, 1957, with a view to the regulation of the mines to which such concesmns relate and for the development of minerals under the control of the union and fqr matters connected therewith or incide·ntal thereto whereas certain minid& ~siods have been granted in perpetuity udder the former portuguese minine laws (decree of 20th day of september, 1906) in the territories now included in the union territory of goa, daman and diu by the former portuguese government and by the government of goa, s daman and diu; and wheileas the aforesaid mining laws have ceased to bel in force and doubts have been expressed as to whether such mining concessions are mining leases within the meauina of the mines alld minerals (regulation and develop-_~1~1_~ , 67 of 19s7 mont) act, 1957; ' and whbieas it is expedient in the public idtereat to abolish such minidi cod('essions and declare them as mining leaaes udder the aforesaid act for the purpose of making the provisions of that act applicable to the mines to which luch concessions relate with a view to the regulation of such mines and for the dev,e1opment of minerals under the control of the union 80 81 to iiubiervo tho 5 common good; bs it enacted by parliament in the thirty-eigbth year of tho ropublic of india as follows:- chapter i plbldlinaft 10~ort title 1 this act may be called the goa, daman and diu mining concessions (abolition and declaration as mining leases) act, 1987 2 iii this act, unless the context otherwise requires,-definitiolll (a) "appointed day" means the 20th day of december, 1961; (b) "commissioner" means the commissioner of payments appointed is under aectloa 8: ~ i - (c) "concession holder" meadi a person who has been granted a mining concession; ,-, (d) "date of assent" means the date on which the assent is given by the president to thii act: 20 (e) "goa, daman and diu" means the union territory of goa, daman and diu; (f) "mines and minerals act" meads the mines and minerals (regulation and development) act, 1957; 67 of 1'57 (g) "mining concession" means a mining concession granted under 2~ the portuguese colonial mining laws, 1906 (decree of 20th september, 1906); (h) "notification" means a notification published in the <>aidal gazette; (i) "prescribed" means prescribed by rules made under this act; 30 (j) "specified date" means !luch date a!l the central government may, for the purpose of any provision of tbi8 act, by notification, specify; iind different dat~ may be specifted for different provisions of this act; (k) words and expressions used and not defined, but defined in the mine~ act, 1952 or the mines and minerals act, shall have the meanidat 35 h of 1'51 respectively, assigned to them in those acts ,\ct to ~"erride all other mect-3 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment (other thnn this act) or any judgment, decree or order of any court, tn1mnal or other authority or any inc;trument having efect by virtue of all)' ,enactment other than thit act 40 abolll'10n0i' mining cohciaslons and :l\bcjaftanon as kdflng l1wiiib undib min alid ),finqai ~abolilion etc of minin& conccssiodl, 4 (l) every dlining concession specified in the first schedule &hall, on 5 and trom the appointed day, be deemed to have been abolished, and shall, with enecl from that day be deemt:d to be a nuning least: granted under the l\1illcs and mineral!; act, and the provisions of that act shall, save as othel·wlse provided in this act, apply to iucb minina lease (2) every wining concession specified in the second schedule sl1all, 011 10 and 1roll ll1e day next after the date ot grant of the said concession and specified in tnc corresponding enlry in the eighth colujllu of the said schedule, be deemed to have been abolished, and iiliall, with e11ect from lhat day, be deemed to be a mining lease granted under the mine and minerals act, and the provisions of that act shall, save as otherwise provided intbis act, apply to such 1 :> mining lease (3) if, after the date of assent, the central government ia satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of aay mining concession 01' the name and residence of any coucesaion holder apcci1ied in the 20 first or the second schedule, it may, by notification, correct such error, omisllion or misdescription, and on the issutl of such notification, the fjrst or the second schedule, as the case may be, shall be deemed to have been amended accordingly general effect of dechlring the minin, concessions to be mininl leases 5 (1) where a mining concellsion has been deemed to be a mining lease under section 4, the concession bolder shall, on and from the day mentiod,ed in 25 that section, be deemed to have become the holder of such mining lease under the mines and minerals act in relation to the mine to which the mining con~ cession relates, subject to the condition that the period of such lease shall, notwithstanding anything contained in that act, extend up to a period of six months from the date of assent 30 (2) on the expiry of the period of any mining lease under sub-section (j j, it may, if so desired by the holder of such lease and on an application being made by him in accordance with the provisions of the mines and minerals act, and the rules made thereunder be renewed on such terms and conditions, and up to the maximum period for which such lease can be rcoewed under the pro-35 visions of that act and the rules made thereunder chapter iiipayment of amounts to conc~· sion hoiders 6 ~very ('ollcession holder specified in the second column of the first and the second schedules shall be given by the central government, in cash, 40 and in the m8ullu specified in chapter iv, for the abolition of the mining concession held by him, and declaring it 8j a mining lease, under section 4, an amount equal to he amolult specified ainst hiai in the corresponding entry in th~ eighth coluain of the fint schedule aad the ninth aoioma of the second schedule the c8iie iii8y be payment of furtlnr amount 7 (1) there slutu also be pved by lab ceatrai governmeat, ill cash, te every concess1oa holder specified in the secood column of the j!'irst and the sec_ , at tilt rate of per cent ,r iuiilidr oa ole amount specified against "ada c od lioiderin the corresponding entry in tile ei&bth column of the first schedule and lie ninth column of the sec:oad 5 schednle, as the case may be, for the period commeocidg on the date of , and ending 00 the date of payment of such amount to the commksloner (2) the amount referred to in sub-section (1) shall be in addition to the amount specified in the first schedule or the second schedule, as the case may be 10 chapter iv8, (1) }'or the purpose of disbursing the amounts payable to the concession holden, aad thij ad the cen&ml goyel'llllledt shall appoint ~"ch penon , it lllay think fit to be the commissioner of payments 15 commissioner ~ paymeate to be appointed (2) the central go"enuaeot may appoint suq o~r peftotis as it may thiak fit to assist the commissioner and thereupon the commissioaer may audiorise ode or more of sucbpersoas also to exercise au or any of the powers exer~ dsable b~ him under this act and different pej'som may be authorised to exercise different powns 20 (3) any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that penon directly by this act and not hy way of authorisation (4) tile salaries and allowances of the commissioner and other persons 25 appointed under this section shall be defrayed out of the consolidated fund of ladia 9 (i) the central government shall, within thirty days from the specified date, pay, in cash, to the commissioner, for payment to the conce~sion holders, a sum equal to the sum specified again~t the mining concessions in thc firit 30 and the second schedule, together with the amount of interest referred to in section 7 payment by the central governmodt to the sioner (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 he dcposited by him to the credit of 35 the said deposit account and the said deposit account shall be operated by tile commissioner (3) records shall be maintained by the commissioner in respect of each of the concession holder in relation to which payments have been made to him under this act (4) interest accruing on the amount standij}g to the credit of the deposit account referred to in sub-<;ection (2) shall f'mmre to the benefit of th!' concession holders 10 (1) every codcc&iion holder, bavida a daim 10( lbc payment of the amount re1~u~ ~u ul lii"uoll u, liiww pu;u:r l»\icll ~aull uciun: lui; ""uujjili:';u"'!ha: wltbin tju[ty dllys trom ule spccwed oille: claidll ie be made to the commissioner pruvideu ulal if lhe codlldllisioncr i: satlliucu mal lu~ c!auhdm wa: tj(~-5 venled oy swllclcnt callie 1row pr~rlllg we ~ whaw wt; suiu tj:nuu ui uu(1), days, ne ll\ey emenaw tfic: cjailb w1ulul luuller pcnw or ijjuly ua'y~, but not lhcl'ealter (2) the commissioner shall lix a certain dale uu or bclurc wuich evel',)' ciajmam sjlall we lhe proof of his claim 10 (3) not _ than four·teeil days' notice of the date so fixed aball be ~ven by advertisement in one issue 01 me uaiiy newspaper ill lnc lngllsll lauguagll bdd one ia&ue of any daily newspaper in the regjonal langua~: us llle comnu:--aiooer may consider suitable, and every such notice shall call upon llic cliumau, to tile the proof of his claim with the commissioner within the umc specjueu is in the advertisement (4) every claimant, who fails to file the proof of his claim within the time specified by the commissioner, shall be excluded from the disbursement made by the commissioner (5) the commissioner shall, after such inv~tigation as may, in his opinion, 20 be necessary and after giving the concession holder, a reasonable opportunity of beina heard, by order in writing, admit or reject the claim in whole or in part (6) the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including tb,e place or places at which he will hold his sittings and shall, for the purpose of making 25 aayidvc5ti&ation udder this act, have the same powers as are vested in a civil 5 of 1908 f:oiiit uddor tho code of qvil procedure, 1908, whildtrying a suit, in respect of the following matters, namely:-(a) the suiludollidg and enforcing the attencumce of any witness and examining him on oath; (b) the discovery and production of any document or other material 30 object producible as evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of any witnesses 5 of 1860 3s (7) any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code and the commissioner shall be deemed to be a civil collrt for the purpo5es of section 195 and chapter xxvi of the code of criminal procedure, 1973 2 of 1974 <40 (8) a claimant, who is dissatisfied with the decision of the c01111l1is~joner, may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the relevant mine is situated liability of ceatrai 11 after admitting a claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due, and, on such payment, the liability of the central government in respect of such claim shall stand discharged govci'o-ment toeod on payment of claim disputes bow to be dealt with 12 in the event of there being a doubt or dispute as to the right of a 5 pebod to ~e the wbole or any part of the amount referred to in section 6 or 7, the commissioner shall refer the matter to the court for a decision, and shall make the disbursement in accordance with the decision of the court ~on-ln this section ,ccourt" in relation to a mididg codceiiiod means the principal civil court of original jurisdiction within tile local limits of 10 whose jurisdiction the mines relating to such concession is situated 13 any money paid to the commissioner which remains undisbursed or noclaimcd after such payment for a period of three years shall be transferred by the commissioner to the general revenue account of the central government; but a claim to any money transferred may be preferred to the central govem- 15 menl by the concession holder entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for the payment of the claim being treated as an order for the refund of revenue undisbursed or ud-claimed amount to be deposited to tile seueral revenue account chapter v20 amendment of act 67 of 1957 14 in the mines and mmerals (regulation and development) act, 1957, in &ub-sectioa (1) of section 4, after the second proviso, the followingprovljo shall be inserted and shall be deemed to have been inserted with effect from the 1st day of october, 1963, name1y:-"provided also that nothidg in this tulhectioa ahaj1 apply to any 25 mining lease (whether called mming lease, mining concession or by any other name) in force immediately before the commencement of this act in the union territory of goa, daman and diu," penalties 15 any person who contravenes the provisions of this act shall be punishable with imprisonment for a term which may extend to two 'jears or with fine 30 which may extend to two thousand rupees, or with both \jffences by companies "~ ' 16 (1) where an offence under this act has been committed by a compan:y every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct ()f the busines8 of ·ffie company as well as the company, shall be deemed to be guilty of the offence 35 and shan he liable to be proceeded against and punished accoidillgiy: 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, with<,ut his knowledge or tim! he had exercised all due diligence to prevent tlle commission of such offence (2) notwithstanding anything contained in sub-section (1), whero an ofteace under this act has been committed by a company and it is proved that the olience has been committed with the consent or connivance of, 01 is attributable to any neglect on the part of, any director, manager, secretary or other officer 5 of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be ploceeded against and punished accordingly explanation-for the purposes of this section,-(a) "company" means any body corporate and includes a firm or other 10 association of individuals; and (b) "director" in relation to a firm means a partner in the finn protection of action taken in aood faith 17 (i) no suit, prosecution or other legal proceeding shall lie against tbe central government or any officer or other employee of that government, or any person authorlcjed by that government for anything which is 'in good faith 15 done or intended to be done under this act (2) no suit or other legal proceeding shall lie against the central government or any officer or other employee of that government or any person authorised by that government for any damage caused or likel:y to be caused by anything which is in good faith done or intended to be done under this act dele,atioq ofpowen 20 18 (1) the central government may, by notification, direct that all or any of the power!! exercisable by it under this act, other than the powers c0nferred by sections 20 and 2 t, may also be exercised by such person or persom as may be specified in the notification (2) whenever any delegation of power is made under sub-section (1), the 25 person to whom such power has been delegated shall act under the direction, control and supervision of the central government 19 it is herehy declared that this act is for giving effect to the policy of the state towards securing the principles specified in clauses (b) and (cf) of article 39 of the constitution ' declaration utothe po1icyof the state 30 explanation-in this section, "state" has the same meaning a8 in article 12 of the constitution power to make rules 20 (1) the central govemmentmay, by notification, mftke rules to carry out the provisions of this act (2) every rule made by the central government under this act shall be 35 laid as soon as may be after it is made, before each house of parliament, whilo it is in session, for a total period of thirty days which may be comprised in one tession 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 rute or both houses agree 40 that the rule should not be made the rule shalt thereafter have effect only in loch modified form or be of no effect, a', the case may be; so, however that any such modification or annulment shah be without prejudice to the validity or anything- previously done under that rule 21 if any difficulty arises in giving effect to the provisions of this act, , the central government may by order not inconsistent with the provisions ot , this act, remove the dlfficlalt, provided that no such order shall be made after the expiry of a period of two years from the date of assent validation 2% (1) notwithstanding anything contained in any other law for the time being in force or any judgment, decree or order of any court, tribunal or other authority,-5 (a) every concession holder shall, for the period commencing on and from the date when his mining concession had been declared to be a mining lease and ending with the date of expiry of the period of his lease under the provisions of tbis act (hereafter in this section referred to as the said period), be liable to pay the d~ad rent or, as 10 the case may be, royalty, due in respect of such lease under the provisions of the mines and minerals act and the rules made thereunder, and such amount shall, save as otherwise provided in this section, be recoveral:11e from him; (1)) any amount paid by the concession holder for the said period, 15 either 'ls ? fixed tax or as a proportional tax, or both, or as a royalty under protest shall be deemed to have been dead rent or, as the case may he royalty, paid in accordance with law and such amounts shall not be liable to be refunded; and (c) due credit of all such amounts tmid by 8 concession holder to under clause (1)) shall be given to him in detennining the dead rent or, as the case may be, royalty payable by him under clause (a), as if this act and the mines and minerals act and the rules made thereunder had been in force at all material times, and accordingly-(i) no suit or other proceedinjt shall be instituted, maintained or 25 continued in any court or other authority a~ainst the government or any person or authoritv whatsoever for the refund of any amounts paid bv a concession holder under clause (b); and 30 (ii) no court shall enforce' any decree or order directing the refund of any amounts so paid, i on the grolmd that the mining concession is not a mining lease (!) for the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construed as preventing any person,-(a) from questioning, in accordance with the provisions of h mines and mineralf; act and the rules made thereunder, the as9e88- 55 ment of any dead rent or royalty for the said period; or (h) from claiming refund of any dead rent or royalty ,paid by him in excess of the amount due from him under the mmes and minerals act and the rules made thereunder· j details of mining concessions-aoolished and declared as mining leases on and from the appointed dayname of tile denomination nature situation number and amount no concession holder of the mine date of title (in rs) and his residence village taluka 2 3 '~ 1 4 5 6 7 8 ,l:: " " ---- -- -- _--_ ---- -----~- - - l maria severina fernan-anvalitembo fel vadem sanjucm 2 of 30-1-1929 14,300 10 des ora camilo agostin mang ho elias fernandes, of · aldona (cabesacasal) ~ , 'i it 2 domingos jose paicatembo ditto netorlim ditto 1 of 26·8·1931 13,900 i " fernandes, of aldona ', ~ :' ~3~ j naria alice sodder aiji vagurbem ditto sancordem ditto 1 of 4-4-1937 j4,300 pereira, of vasco de · ;~ gama i' 4 timblo irmaos ltda, of bandodongor ditto verlem ditto i of 19·3-1941 9,300 , margao cumbiadongor 5 xec abdul kadar, of cudoitembo ditto bati ditto 3 of ]9-3-t'94] 7,900 sanguem 6 maria seani repharl, amvandongor ditto curpcm ditto s of 19-3-]941 12,500 of curchorem 7 maria seani rephad, nidgulamo ii tron calem ditto ,; of 19-3-194] j1,900 of curchorem dongor 8 empresa minero choriacho 'ditto bimbo i ditto 7 of ] 9-3-] 941 j3,900 comercila, of goa tembo dongor of calem 9 gangadhar n huldool dongor ditto ditto ditto 8 of 19-3-1941 14,300 agrawal, of margao 10 companhia nacional mollo or fe/mang darbandorll ditto 9 of 19-3-1941 ]4,300 agency of ponda moroda 11 rajarama naraina x nundem ditto nundem ditto 10 of 20-8-1941 14,200 bandeoar, of vasco de deulavoril gama dongor -- -" ----- ' _----------__------------- ------_ _-- ------d"nomin3tion nature of the mine situation number and date of title amount (in ~s) village taluka si naml! ofth~ clnccs-no sion holder and his residence --------,-~--- -_------- -- -~---- --- -------_- _" ------ -5 7 8 ----- - -------' 11 of 20-8-1941 14,300 ]2 of 20-8-1941 14,300 13 of 20-8-1941 14,300 1()'-,~ 1 2 3 4 ~ 6 ----- -------_ _----- _--------------- ----12 comphania mineira lamgao iron lamgaoj bieholim dempo and souza ltda, of goa 13 comphania mineira vagacohiper ditto bicholim ditto oempo & souza ltda, of goa 14 comphaeia mineira dempo and souza uda, gaotoor ditto bordem ditto 14 of ~0-8-1941 14,300 15 of goa 15 comphania mineira totieho mor ditto mulgao ditto dempo and souza ltda, dongor of goa 15 of 20-8·1941 14,300 17 of 22-10-1941 2,900 20 t 6 comphania mineira mandurbaga ditto ditto ditto dempo and souza ltda, of goa 17 firm elesbao padepanos fel sancordem sanguem pereif1l and sons ltd&, mang of mormugao 1 of 8·7-1942 14,400 18 kurnool mv mancer,~ vaguem ditto melauli satari of bellery 1 of 6-10-1947 2,900 19 hiri bombo gauneo, of mnrgao santana tembo] ditto vichundrem sanguern 2 of 24-4-1949 13,400 25 3 of ]3-6-]949 14,300 20 companhia naeional gonoxirern ditto verlem: ditto agency, of pend a 21 firm s kantilal & shirgal muddi ditto salauli ditto cia, ltda, of margao 2~ shri rajararn nx monte de iron sirigao bicholim 4 of 17-6-1949 ]4,300 bandek~r, of vasco sirigao ' 30 i!iii'i 5 of 8-7-]949 :14,300 23 firm chowgule & cia cudplegaicho-ditto ditto ditto ltd, of marmagao guer-dongor 6 of 11-7-1949 t 10,]00 24 hiralal khodidas, of gogoro or 1 fel colomba sanguem goa oulcan dongor mang~ ~ 35 7 of 5-8-] 949 ! 9,900 8 of 12-8-]949 t 14,000 9 of 23-9-1949 113,300 40 10 of 23-9-] 949 11,300 45 --- 25 lidia belinda simoes," vagatto ditto di 110 ditto or goa -26 bascora seguna corpo, cuncdacho ditto gudnem bicholirn of vas eo gho1j 27 sociedade mineira macarendo & ditto maulinguem ditto goesa, of panaji mauling-todcho dongor 28 sociedade mineira chireachea ditto ditto ditto goesa, of panaji ambeacodil donjutli &1 cantonachi tembo _----_ amount (in rs) denomination of the mine nature situation numi:tr and --"----- date of title village taluka si name of the conces-no sion holder and his residence ----- -_' -__----_ _---- -- - ~ 0__- ____ i 2 3 4 5 6 7 8 ------~---~ _----- --_---_ ---- -5 29 gurudas timblo, of gogolatembo fe/mang malcornem quepem 11 of 4-11-1949 9,400 margao 30 firm chowgule & cia goigonem;,j iron mahem bicholim 13 of 18-11-1949 10,400 ltd, of marmagao 10 31 eurico da silva ataide orpale }<'e/mans ditto c ditto 14 of 18-11-1949 )3,800 e t de noronha, of anturlich-macm em etc 32 firm s kantilal & molbadvona, iron sancordem sanpem 16 of 23-12-1949 12,200 cia ltd, of margao concramoli 15 33 atmarama x poi hunantlo fel colomba ditto 17 of 23-12-1949 6,400 palondicar, of margao dongor mang 34 aleixo caetano sem denom ditto navelim ditto 1 of 13-1-1950 3,200 cardose, of raia esp 35 gopinata sinai gareo, arembata ditto aturli bicholim 3 of 13-1-1950 3,000 of s lourenco 20 36 firm chowgule & cia ljitto 7,300 govala ditto gautona 4 of 13-1-1950 ltd, of marmagao 37 firm s kantilal & paicatembo ditto villiena sanguem 5 of 23-1-1950 10,400 cia ltd, of margao 25 38 quiteria maria godhodo ditto colomba ditto 6 of 27-1-1950 5,600 gonsalves, of noronha 39 firm v;{ dempo & culnavoril sodo ditto dudal ditto 7 of 30-1-1950 5,600 cia lt , of goa 40 rajaram rangaji chiraband e ditto patiem ditto 8 of 24-2-1950 11,800 30 poinguincar, of vali ponguinim 41 mahamed osman cuditembo ditto curpem ditto 10 of 24·2-1950 11,900 muhamed hashan, of margao 3s 42 firm damodar costimol ditto costi ditto ii of 24-2·1950 4,900 mangalji & cia ltd, of goa 43 xec abdul kadar, of l usqui mordi ditto netorlim ditto 12 of 27-2-1950 14,300 sanguem 40 44 xec abdul kadar, of chinchigalchi ditto tudou ditto 13 of 27-2-1950 14,200 sanguem calmati ---- --" _ __ _---- _ _-_- _ __-_ _ __ _--_ ------_ __ _----_ ----nature amount (in rs) denomination of the mine sl name oftbe codces-no sion hojdcr and his residence situatiod number and --------- date of title village taluka ---------~-_ _------- - 3 1 2 4 5 6 7 8 _-__ _-------~,, 5 feimang curdi sangucm 14 of 27·2-19so 4,900 45 firm metha & cia ltd, of vasco da gama tho dongor etc bandadongor ditto verlem ditto 15 of 13-3-1950 1,100 46 roguvir naraina lotiecar, of margao ditto ditto ditto 16 of 13·3-1950 8,100 bonquidongor ~ or bonquitembo 47 roguvir naraina lotlecar, of margao pale bicholim 17 of 27-3-1950 13,200 ditto 48 gurudas timbl0, of margao ondea cail mol etc t( maulingmol0 ditto carapur ditto 19 of 21-4-1950 3,100 49 finn damodar mangalji & cia ltd"of goa udo dongor colomba sangucm 20 of 21-<'1- j~~50 14,300 ditto 1 ~ so quiteria maria gonsalves noronha, of margao vichundrem ditto 21 of 5-5-1950 7,400 ditto deureamvoilo tembo 51 firm chowgule & cia ltd, of margao ditto costi ditto 22 of 5-5-1950 9,000 paratembo dongurji etc 52 firm chowgule & cia ltd, of margao 2c ditto zorulem pernem 23 of 8-5-1950 14,300 scmdenominacao especial 53 mandyan a parthasarthy, of pernem dudal sanaucm 24 of 12-5-1950 13,000 dudaliacha gaunt iron onavoril sodo e gitoneasoda 54 firm vm salgaoncar e irmao ltd, of vasco de gama 2~ jaqui of 27 of 5-6-1950 10,400 netorlim ditto taccdeatolem fe/ mamatembo mang 55 socicdadc shri mahalaximi cia mineira ltd, of netorlim eandola ponda 28 of 126-1950 12,900 tasmsurly ditto 3( 56 marcos marcelino p de souza, 01 piterne tiurem ditto 29 of 12-6-1950 13,800 calamatembi ditto 57 marcos marcdino p de souza, of pileme colem sanguem 30 of 16·6-1950 11,800 3~ 58 prafula rajarama hede,ofooa godcavadea iron javalachem upor& nagonim buroda rivona ditto 31 of 7·7·19so 8900 4( devandongor fe/ mang 59 sociedadc timblo irmaos ltd of marga - __----_ _---___ ------ - _------__-------__-_ nature denomination of the mine si name of the codces-no sion holder and his residence ---4 2 situation number and --------- date of title amount (in rs) village taluka --------s 6 7 8 ----- -------3 ---- ----- --------~ - --- _-revora barder 32 of 7-7-1950 4,900 fel mang 5 60 firmvm salgaoncar motto e irmao ltd, of vasco de gama ditto rivona sanguem 34 of 2-10-1950 12,800 61 sociedadc timblo borga irmaos ltd, of margao netrolirn ditto 35 of 2-10-1950 14,200 62 chandsuriaeho 10 ditto gangadhar narsingdas ~ agrawal, of margao -fatravoril donior batie ditto 37 of 10-10-1950 10,000 cumbari 63 raia poro bo batiear, perchotembo ditto of sanguem sanvojdem satari 38 of 10-11-1950 14,300 15 64 nilconta jaganata codeachem ditto coulecar, of mapusa devonavoril molentii zaga dargalim pemem 39 of 11-12-1950 14,300 65 manohar hn naik, gundegally or ditto parulekar chendo c81em sanguem 40 of 22-12-1950 12,300 20 66 vishwasrao d citeiros que iron chowgule, of vasco ficam de ambos de gama os lados de hnha ferrea etc rivona ditto 42 of 29-12-1950 7,300 67 lidia belinda simoes, molietembo fel of goa maqucrim mang caurem quepem 1 of 8-1-1951 14,300 25 68 xec mohamed hsac, devapan or ditto of goa devadongor sancordem sanguem 201'8-1-1951 7,200 69 madeva upendra sinai saniem iron talaulikar, pana ji curpem ditto 3 of 19-1-1951 14,000 70 firm vs dempo & cuntor fe! cia ltd, of goa mang 30 molcornem quepem 4 of 2-2-1951 3,800 71 vassudeva n s rmai-vrgagholl ditto kar, margll() colomba sanguem 5 of 2-2-1951 7,200 72 dinanata muc-unda zambjimo\ & ditto s cuvelcar, of raia cioilitembo dongor ditto 7 of 9-2-1951 13,300 73 gurudas timblo, of chivanritembo ditto margao or chi~aridol\gor pirla quepem 8 of 9-2-1951 13,900 35 74 gurdas timblo, of paioapanacho ditto margao dongor curpem sanguem 9 of 12-2-1951 14,200 40 75 bhanudas bablo s convorzoritembo ditto cossombo, of sangucm motatembo bandoli dongor ---- ---_ '---amount (in rs) denomination nature of the mine situation number and ---------- date oftitle village faluka si name of the oonces-no sion holder and his residence 8 s 6 7 3 4 1 2 5 11,900 su 100 rna quepem 10 of 23-2-1951 vangi bindi fe/majl8 advona, etc 76 haider caximo can of sanguem 11,400 avaliadongor ditto molcornem ditto 11 of 23-2-1951 77 zoirama bicaji neugui, of mapuca 10 6,700 gorditembo ditto netorlim sanguem 12 of 26-2-1951 78 francisca sequeira of nuvem 14,300 cararemdongor ditto colomba ditto 14 of 2-3-1951 79 vishwasrao d chowgule, of vasco da gama 15 11,500 molem ditto 15 of 2·3-1951 partimsodo, etc iron 80 vishwasrao d chowgule, of vasco da gama 11,800 dudlu ditto 16 of 2-3-1951 pundavamgavoril ditto sodo 81 vishwasrao d chowgu1e, of vasco da gama 20 6,300 gottovo dongor fe/mang netorlim ditto 17 of 2-3-1951 82 s kantilal & cia ltd, of margao 11,500 83 xec alub, of sanguem zambutolem ditto tudou of ditto 19 of 9-3-1951 verlem 12,500 25 84 tulxidas madeva x deulcar of calem careacodii upri, ditto adam tembo, etc maulinguem ditto 20 of 9-3-1951 12,400 a5 zoirama bicaji neugui of mapuca madiacho tembo ditto candalanche cauremi qucpem 21 of 19-3-1951 mol or gormodi 4700 30 casarman ditto salguinim sanguem 22 of 30-3·1951 verlem 86 roguvir sinai garoo, of s lourenco de agacaim 10,000 81 gurudas fimblo, of margao moliadongor ditto fudou of ditto 23 of 30-3-1951 verlem 11,900 35 sadezamotil ditto cumbari ditto 26 of 6-4-1951 rica 88 horichondra saunlo n tari, pf sanguem 3,500 botvadeacho ditto pissurlem satari 28 of 6-4-1951 dongor 89 firma sesa goa ltd, of goa 3,500 cosmoichem ditto sulcarna quepem 29 of 13-4-1951 mola 90 damum naique, of curchorem 5,400 40 folsadando or ditt( netorlim sanguem 32 of 13·4-1951 vadvol -_--_ __--_-91 minoira pro metod ora ltd, of netorlim ------------- - si name of the conces-denomination nature situation number and amount no sian holder and his resi- of tile mine date of title (in rs) dence village taluka ----------2 3 4 5 6 7 8 5 92 xec adam xac nissorval fe/mang colomba sanguem 34 of 20-4-1951 14,000 abubakar, of margao 93 gajanana pn cormoli chiunim ditto rivona ditto 35 of 20-4-195 i 11,500 ofcacora dongor, etc 94 xec abdul gofur x a cumartojem ditto curpem ditto 37 of 20-4-1951 5,300 10 agis of sanguem dongor, etc 95 firm chowgule & cia, casana, iron costi ditto 38 of 20-4-1951 14,300 ltd , of marmagoa costimola etc 96 narahari ss pandava ditto santona of ditto 40 of 27-4-1951 ' 14,200 narvenkar, of goa xetavoilo soodo quirjapaje & vozro sodo 15 97 roguvir r poingu incar, gurmujem fe/mang cudnem bicholim 41 of 11-5-1951 3,600 of poinguinim 98 firm shantilal kushal-gotton ditto netorlim sanguem 42 of 18-5-1951 9,100 dar irmaos of margao sorad tembo 20 99 firm v g denpos & navieutil ditto aglote sanguem 43 of 18-51s51 14,300 cia, ltd, of goa galivoril advonn nagona, etc 100 sociedade shantilal joleracho ditto maina quepem 44 of 18-5-1951 8,800 kushaldas & irmaos, of dongor 25 margao 101 xembu zoideva x dhabella mol a ditto undorna ditto 45 of 8-6-1951 13,300 moratto, of sanguem 102 vassantaram g metha, vatasur ditto colomba sanguem 46 of 15-6-1951 3100 of vasco da gama 103 ramacrishna dottu p goddibaim ditto navelim bicholirn 47 of 18-6-1951 55,00 30 loundo, of sanquelim 104 vicente jf figeiredo, madda-xeta-ditto netorjim sanguem 48 of 25-6-1951 14,300 of loutulim jeton!l' 105 sociedade mineira n poicul compro ditto melauli satari 49 of 6-7-1951 10,100 35 ltd, of margao 106 vassudeva n sarmalcar, c'zala ditto sule rna quepem so of6-7-1951 12,60j of margao dongor 107 gurdas timbl0, of bhutabaincho ditto vf'rlem sanguem 51of20-7-1951 9,700 margao dongor 40 108 roguvir r poinguincar, thatatem iron darbandora ditto 52 of 23-7-1951 14,300 of poinguinim soddo | si | namo | of | the concession denomination ||-----------------------------|-------------------|---------------------|--------------------------------|| nature | | | || situation | | | || number | and | date amount | || village | | | || taluka | | | || of | title | (in rs) | no || dence | | | || -_ | | | || __ | | | || • | | | || -- | | | || 2 | | | || 3 | 4 | | || 5 | | | || 6 | | | || 7 | | | || 8 | | | || | _m_ | __ | · || 109 aee abdul | gofur | x | a || pola | dongore | | || fe/mang curpem | | | || sanguem | | | || 53 | of | 3-8-1951 | || 4,4005 | | | || 5 | | | || agis | of | sanguem | || dongore | | | || 110 jose azavedo | | | || duarte, | | | || zamblidando | | | || ditto | verlem | | || ditto | | | || 54 | of | 3-8-1951 | || 5,200 | | | || ofsanguem | | | || 111 | manchar | h | n || pissurlem | salari | | || 55 | of | 24-8·]951 | 12,600 || of | mapusa | | || 10 | | | || 112 | | | || daue | khan, | of | sanguem || sangu~m | | | || 5r | of | 3·9-1951 | || 12,600 | | | || 113 | | | || zoiram | b | nougui, | of || ditto | | | || maiaa | | | || que | ptm | | || 59 | <,>f | 3-9-1951 | || 14,200 | | | || mapuca | | | || dongar | | | || 114 minguel mascarenhas, | | | || canelidongor | | | || ditto | | | || vichundrem sangucm | | | || 60 | | | || of | 14-9-] | 951 | || 11,800 | | | || of | sanvordem | | || 15 | | | || 115 mineira nacional ltd | | | || cuddt"agajivoril | tron | | || santona | | | || ditto | | | || 62 | of | | || j | | | || -10-1951 | | | || 13,100 | | | || ofpanaji | | | || sodo | dongor | quirlapale | || 116 chandracanta f | | | || oobaimor | | | || fe/mang curpem | | | || ditto | | | || 63 | of | 19-]0-1951 | || 10,000 | | | || naique, | of | curehorem | cuntiem || 117 amalia rodrigues | | | || g | | | || polo dongor " | | | || ditto | ditto | | || ditto | | | || 65 | of | 7·12-1951 | || 8,400 | | | || 20 | | | || figueiredo, | | | || of | | | || loutulim dongor | | | || 118 | | | || firm | s kantilal | "cia | || poxelacho sodo | | | || ditto | | | || maida | of | | || ditto | | | || 66 | of | ]4-12-]951 | || 14,200 | | | || ltd, | | | || of | margao | | || colem | | | || 119 | firms s kantilal | | || & | | | || cia oonesgudi | | | || ditto | rumademo | | || ditto | | | || 67 | of | 14-12-1951 | || 4,900 25 | | | || ltd, | of | margao | || dongor | | | || notorlim | | | || 120 mingoa sooiedade | | | || maindovolicho sodo | | | || iron | | | || codli | | | || ditto | | | || 69 | of | 14-12-1951 | || 14,300 | | | || mineira goesa, sarl, | | | || " codeculna- | | | || ofooa | | | || voril sodo | | | || 121 | | | || ramakanta | xetic | | || deulem | | | || ditto | pissurlem | satari | || 70 | | | || of | 17-12-1951 | | || 14,300 | | | || 39 | | | || of | bicholim | | || 122 | | | || firma | v | m salgaoncar madei | || fe/mang vantem | | | || ditto | | | || 71 | of | 21-12-1951 | || 11,400 | | | || & | | | || lrmao | ltd, | of | vasco || dagama | | | || 123 | firm | s kantilal | || & | | | || cia, anavladongor | | | || ditto | | | || m01cornem quepem | | | || 1 | | | || of | 4-1-]952 | | || 5,soo | | | || of | margao | | || 3$ | | | || 124 | quiteria | maria | gonsalves cormol-dad || ditto | | | || co | | | || 10 | | | || mba | | | || sanguem | | | || 3 | | | || of | 11-1-1952j | 112,900 | || nor | onba, | of | mapusa || 125 | firm | s kantilal | || & | | | || cia | | | || melcadongor | | | || ditto | | | || sancordem | | | || ditto | | | || 4 | of | 1-2-1952 | || 10,600 | | | || ltd, | | | || margao | | | || 126 ailiabhai s cacodear, | | | || vancali temb | | | || ditto | | | || colomba | ditto | | || 5 | of | 1·2-1952 | || 3,200 40 | | | || of | caoora | | || _ | | | || | | | || ----_ | | | || ---- | | | |----- _---_ • - -'---'- --------- --------_ __ 81 name of the uoncession denomination of natur~ situation number and date amount --- oftitle no holder and his resi the mine dence village taluka (in rs) __--- -_ --_ --- - - _ -- --- ---2 3 4 5 6 7 8 ---- ---- -------- - _ - ,- -_ ------5 127 arnaldo resi cruz of fondiatolia-fe/mang nelorlim sanguem 7 of 1-2-1952 4,1 ()() dena alim voridongor 128 gopal visvonata godekar ubefptrp'cc'qi-ditto maina quepem 8 of 1-2-j 952 8,000 de councoiim i dongri 129 socieodade timblo santona guru ditto sigao sanguelli 9 of 1-2-1952 1i,ooo innaes ltd, of marguo 10 130 esvodta datatraia panda ,,~~m~c do ditto rivona ditto ioof 1-2-1952 4,600 sadecar, of margao 131 firm damodar mangalji dobdc·bo ditto bicholim & cia ltd, of goa bichojim ii of 4-2-1952 7,200 is 132 narahari ss narvenkar mainantil ditto santana sanguem 12 of 8-2-1952 11,100 of goa murdi of quirla-'pale 133 rucminibai s bhobe, apteachem-ditto onda satari 13 qf 22-2-1952 3,700 wife of late krishna boroda bhobe or quexarbai, of mapusa ~o 134 badrudin bavani , of nomoxitemb() ditto margao rivona sanguem 14 of 22-2-1952 14,300 135 sadassiva d tiroder pi stem ditto latam-bicholim 15 of 22-2-1952 8,900 margao barcem :s 136 sociedade timblo irmaos ambegal jeddit ditto saginim sanguem 16 of 25-2-i 952 9,000 ltd ,of margao moddi ofver/em 137 firm s kantilal & cia toliavolli, zam-ditto villiena ditto 17 of 29-2-1952 13,600 ltd , of mugao zambod, etc 138 firm s kantilal & cia kairad & ditto villiena of ditto 18 of 29-2-1952 6,700 ltd, of margao talaoi/i bati 0 139 finn vm salgaocar molcorncm ditto aglote ditto 19 of 29-2-1952 14,300 innao ltd, of vasco da gama 140 harichandra s n tari, vagamoljofcda-ditto vichundrem ditto 21 of 29-2-1952 8,700 of sanguem guir, etc 141 roque santana baneto, of loutolim zambeamo 110 ditto rivona ditto 25 of 21-3-1952 7,100 142 firm shantilal k & chumimo 10 or ditto ditfo ditto 2~ of 28-3-1952 6~oo xissoria bros, of margao tembo _ - -;-- --, _ _ - ---'- _-_--- - -- - -- ~ - ------ -denomination of nature situation number and date amount tho mine --------------- of title (in rs) village taluka s1 name of the oonces-no sion holder and hts residence ---- - ----~-~- --------- 1 2 3 4 5 6 7 8 ---- ------- _---143 vasudeva ds cosombo borgadon-felmang rivona sanguem 29 of 28-3-1952 10,200 5 of sanguem graehem fall, etc 144 145 vassantaram g metba navclem ditto curpem djtto 33 of 28-3-1952 8,200 ofvasoo da gama 10 146 firm vs dempo & cia tambessodo ditto colomba ditto 35 of 4-4-1952 14,100 ltd, of goa 147 firm vs dempo & cia candulgo iron codali or bicholim 37 of 4-4-1952 14,300 ~ltd • of goa carapur 148 hiru bombo gaunco, santonatembo fe/mang vichundrem sanguem 38 of 14-4-1952 14,30 015 of margao banda xetachem 149 vammona m zoixi, of tialachem ditto ozorim pernem 39 of 18-4-1952 14,300 oxel temba b dongor, etc 150 roguvir s gareo, of margamodil diuo salginem sanguem 40 of 18-4-1952 6,300 20 slourencorde dongor agacaim 151 tucarama of col em px parear, malia dongor ditto vadem ditto 41 of 21-4-1952 10,400 152 kamlaoata n xetio, of batolem drama-ditto betqui ponda 42 of 21-4-1952 11,500 25 goa falential 153 sociedade timblo vagini dongor ditto irmaos ltd, of margao or vagini tembo salginem sanguem 44 of 5-5-1952 3,200 154 sociedade timblo irmaas cormolem & ditto cudnem bicholim 45 of 5-5-1952 5,800 ltd, of margao brog 30 155 jao santana gomes, bomaoatto ditto malauli satari 46 of 5-5-1952 5,100 margao 156- jao hugo eduardo chiudiadvona, ditto darbandora sanguem 47 of 5-5-1952 ]4,300 sequeira, of goa etc 1 57 xec mohamed issac of undirgala or ditto cotafli ditto 48 of 30-5-1952 5,000 35 saoguem temacheavadiachem advona, etc 158 firm s kantilal & cia nansaconda or ditto naiquinim ditto so of 2-6-1952 6,900 ltd, of margao nassac onda 40 159- roguvir sinai garco, of cazveanchem iron cudncm bicholim 51 of 6-6-1952 11,400 s lourenco de agacaim culnae adj --,_- --------_ ,,----_ __ _--_ -| number | and | date | amouat ||----------------------|----------|---------|-----------|| of | title | (in | || rs) | | | || denomination | of | nature | situation || the | mine | | || viuage | | | || faluka | | | || si | name | of | || the | | | || oonoes- | | | || no | sion | | || holder | and | his | || residence | | | || 1 | | | || 2 | | | || 3 | | | || 4 | | | || 5 | | | || 6 | | | || 7 | | | || 8 | | | || 5 | | | || 53 | | | || of | | | || 13-6-1952 | | | || 4,500 | | | || 160 | | | || raia | dotu | | || s | | | || lade, | | | || navelem | | | || fel | | | || curpem | slinguem | | || sanvordem | dongor | | || mang | | | || 64 | | | || of | | | || 13-6-1952 | | | || 6,000 | | | || 161 | | | || raia porobo batioar, | | | || perehotembo | | | || ditto | | | || batie | ditto | | || sansuem | | | || cumbari | | | |55 of 20-8-1952 13,200 10 162 shantilal khushaldas " rumadolem ditto curdi ditto bros, of margao 58 of 11-7-1952 3,000 163 visvasrao d chowgule, khirnim dongor ditto salginim ditto vaseo da gama 59 gf 18-7-1952 14,000 164 quexewa sinai cundo, of patiafala ditto colomba ditto margao 60 of 18-7-1952 6,300 165 firm s kanthal & cia asni dongor ditto curdi ditto , ltd, of margao 61 of 18-7-1952 7,300 166 firm s kanthal & cia zamsodo or ditto bati & ditto ltd, of margro capiacodiehem cumbari 62 b of 18-7-1952 7,600 167 vassudeva madeva matt e dando iron velguem bicholim salgaoear, of vaicoda gama 20 15 62 a of 18-7-1952 7,000 168 db bandodkar of ditto ditto ditto ditto panjim 67 of 18-8-1952 8,600 169 atehuta vishnu s vansvoiate-fe'mang vichundrem sanguem velingear, of veiinga mbo or xim-& netorlim evoril dongor 68 of 18-8-1952 14,000 25 , 170 malbe madeva sr viteantor ditto virdi bieholim sar dossai of verem 70 of 18-8-1952 14,300 171 mingoa sociedade gurmel ditto codii of sanguem mineira goesa, of quirlapale goa 30 71 of 18-8-1952 4,300 172 firm damodar mang-zamboi & ditto viljiena ditto alj & cia ltd, of terr adji goa 73 of ]8-8-1952 13,800 35 173 soeiedadeo timblo dobar, tanea ditto aglote ditto irmaos ltd, of & aglote sodo margao 74 of 22-8-]952 14,300 174· sodedadc vcrcncar dabo ditto surla bichojim & cia ltd of surla 75 of 29-8-1952 ]2,600 175 voieunta cadnekar of chunimolo ot ditto colomba sanguem margao gotifo nda tembo 176 firm sesa goa ltd, orasso dongor tron adolpale bicholim ooa _---- - ----- __ __ -_ __ _-76 of 8-9-]952 14,200 ------~ ,-,,40 | situation | number | <1uld | date | amount ||----------------------|---------------------------|----------------|-------------|--------------|| -- | oftide | | | || (in | | | | || village | faluka | rs) | | || si | name | of | the conces- | denomination || no | sion | holder and his | of | the || residence | | | | || - | | | | || | | | | || - | | | | || _------_---_ | | | | || | | | | || | | | | || --- | | | | || ------ | | | | || | | | | || ---- | | | | || | | | | || | | | | || __ | | | | || --_ | | | | || • | | | | || -__-- | | | | || --- | | | | || | | | | || ---- | | | | || | | | | || -- | | | | || - | | | | || | | | | || --------- | | | | || 2 | 3 | | | || 4 | 5 | 6 | 7 | || 8 | | | | || | | | | || __--__---- | | | | || ----__----- | | | | || _ | | | | || | | | | || "_------- | | | | || --__-_ | | | | || __ | | | | || | | | | || _-_ | | | | || __ | | | | || - | | | | || --- | | | | || ---- | | | | || 177 | | | | || firm | vm salgaoncar pet page- | | | || fe/mang | | | | || doro | of | | | || sanguem | | | | || 77 | | | | || of | 12-9-1952 | | | || 8,600 | | | | || 5 | | | | || & | | | | || irmaos | ltd, | of | dongor, | bainem || vasco | | | | || da | gama | | | || 178 | | | | || soid | adam, | of | | || q'uepem | | | | || deudongro | | | | || colomba | | | | || 78 | of | 19-9-1952 | | || 3,800 | | | | || 179 | | | | || mineira | | | | || prometadora | eroca | | | || netorlim | | | | || 8] | of | 26-9-]952 | | || 5,200 | | | | || 10 | | | | || ltd, | netorlim | | | || 180 | | | | || roguvira s | | | | || garco, | of | | | || pedamolla | | | | || colomba | | | | || 82 | of | 26-9-] 952 | | || 14,300 | | | | || s lourenco | | | | || de | | | | || agacaim | | | | || 181 | | | | || firm | vm | salgaoncar | | || mardando | & | | | || tron | | | | || surla | | | | || bicholim | | | | || 83 | | | | || of | 26-9-1952 | | | || 13,500 | | | | || is | | | | || & | [ | | | || ltd, | of | vasco | da | || barcati | | | | || gama | | | | || 182 | | | | || rajaram | narayan | x | jaquelor | || fc/mang | | | | || pale | | | | || 84 | | | | || of | 3-10-1952 | | | || 14,300 | | | | || bandekar | of | vasco da | | || lacadevicho | | | | || gama | | | | || dongor | | | | || 183 | | | | || mussa | | | | || usman | ali, | of | | || gadichem | curpcm | sangucm | | || 85 | | | | || of | 10-10-1952 | | | || 10,800 | | | | || 2(] | | | | || goa | | | | || advona | | | | || ]84 visnum s | | | | || curchorcar, | | | | || moscaurem | of | | | || rivona | 86 | of | 18-10-1952 | || 13,700 | | | | || ofcbandor | | | | || cornol | | | | || 185 | | | | || firm | vs | dempo | | || & | | | | || chedeudongor | iron | | | || nuem | | | | || canacona | | | | || 87 | of | ]3-10-1952 | | || 13,300 | | | | || cia | ltd, | of | goa | || & | dardongor | | | || 2s | | | | || 186 | | | | || socicdade timblo | | | | || copila | | | | || faichem | | | | || irmaos | ltd | of | margao | || paul | | | | || sigao | | | | || sanguem | | | | || 88 | | | | || of | 7-11-1952 | | | || 13,500 | | | | || 187 | | | | || sociedade litheferro | | | | || calsanichomato | | | | || iron | advolpale | | | || bicholim | 89 | | | || of | 7-11-]952 | | | || 6,800 | | | | || ltd, | of | mapusa | | || de | oheml | | | || 3c | | | | || devachem udic | | | | || & | | | | || golocoilo | ett | | | || 188 | | | | || balkrishna | | | | || porob | bamnavado c | | | || latambarcem | | | | || 99 | of | 7-11-1952 | | || 7,100 | | | | || padgaoncar | of | saligao | outros | || 189 | | | | || babol sanvlo | | | | || n | tari | ambadasofv('l | | || fe/mang | | | | || cotarli & | sanguem | | | || 91 | of | 7-11-]952 | | || u,soo | | | | || 3! | | | | || ofsanguem | | | | || xeldem | | | | || ]90 | | | | || sociedade timblo | dignem | | | || tr('n | | | | || irmaos | ltd, | of | | || cudnem | | | | || bicholim | | | | || 92 | of | 14-11-1952 | | || 5,800 | | | | || margao | | | | || 191 | | | | || firm | chowgule & | | | || monte | udo | | | || fe' | | | | || colomba | sanguem | | | || 93 | of | 14-11-1952 | | || 10,600 | | | | || cia | ltd, | of | marmagoa | || mang | | | | || 44 | | | | || ~ | | | | || | | | | || --_- | | | | |---------| si | name | of | the conces- ||--------------------------------|----------------|--------------------------|---------------|| denomination | | | || nature | situation | | || number and | | | || amount | | | || no | | | || !ion | holder and his | | || ohhe | mille | | || ----------- | date oftitie | | || residence | | | || village | | | || taluka | | | || (in rs | | | || ------ | | | || -----~ | | | || --- | | | || | | | || - | ----- | | || ----- | | | || 5 | | | || 2 | | | || 3 | | | || 4 | 5 | 6 | 7 || 8 | | | || ------ | | | || _, | | | || _ | | | || - | | | || ------~ | | | || --- | | | || ----- | | | || | | | || - | | | || -------- | | | || --- | | | || 192 | | | || firm vs dempo | | | || & | | | || marsoddo | | | || fe/mang | | | || pissurlem | | | || satari | | | || 95 | of | 14-11-1952 | || 14,200 | | | || cia ltd, | of | goa | || - | | | || 193 | | | || firm | s | kantilal | || & | | | || cajucodil mola, | | | || ditto | | | || viliena | of | | || sanguem | | | || 96 | | | || of | | | || 14-11-1952 | | | || 4,600 | | | || cia ltd, | of | margao | || calia mordi | | | || bati | | | || - | | | || 10 | | | || magdiatembo e | | | || out | ter | | || 194 | | | || balcrisna bahirji | | | || sisso calli | ditto | curpem | || dit10 | | | || 97 | | | || of | 5- | | || 12-1952 | | | || 8,400 | | | || patil, | of | margao | || dongor, | etc | | || 195 | | | || firm | chowgule | | || & | | | || cazchemram e | iron | onda | || satari | | | || 98 | | | || of | | | || 5-12-1952 | | | || 10,700 | | | || 15 | | | || cia ltd, | of | marmagoa outros ter adj | || 196 | | | || gangadhar narsingdas borchem | | | || da- | | | || ditto | sarvona | vicholim | || 99 | | | || of | | | || 5-12-1952 | | | || 14,300 | | | || agrawal, | of | margao | || ticho dongracho, | | | || etc | | | || 197 | | | || gangadhar narsingdas apteachea | | | || ditto | | | || bordem | | | || ditto | | | || 100 | | | || of | | | || 5-12-1952 | | | || 4,900 | | | || agrawal, | of | margao | dativorli || 20 | | | || dongor | | | || 198 | | | || vamona govinda | | | || caratuti | | | || de | | | || fel | | | || morlem | satari | | || ~ | | | || 102 | | | || of | | | || 15-12-1952 | | | || 13,200 | | | || sinde , | of | mapuca | deulvado || 199 | | | || roguvira n | | | || ve- | | | || paicatembo | | | || ditto | | | || netorlim | | | || sanguem | | | || 103 | | | || of | | | || 15-12-1952 | | | || 7,100 | | | || tlecar, | of | margao | || or | cotlam | 2a | || 25 | | | || 200 | | | || viswasrao | d | | || toliachem | | | || ditto | aglote | | || ditto | | | || 1 | | | || of | | | || 9-1-1953 | | | || 11,200 | | | || chowgule, | of | vasco | || advona | | | || gama | | | || 201 | | | || viswasrao d | | | || massana moddi | | | || ditto | | | || candola | ponda | | || 2 | | | || of | | | || 9-1-1953 | | | || 3,200 | | | || chowgule, | of | vasco | de || > | | | || 30 | | | || dagama | | | || donaor | | | || 202 | | | || firm | vm salgaocar | | || poiculof | | | || ditto | | | || melauli & | | | || satari | | | || 4 | | | || of | | | || 6-2-1953 | | | || 11400 | | | || e irmaoa ltd, | of | vasco congorem | || conquirem | | | || da | gama | | || 35 | | | || 203 | | | || martinbo coutinho | | | || semdcnomi- | | | || ditto | | | || tudou & | | | || sanquem | | | || 5 | | | || of | | | || 6-2-1953 | | | || 13,600 | | | || cunooiim | | | || nacao especial | | | || patiem | | | || 204 | | | || crisna mucunda | | | || bencrenuiando | ditto | jaqui | || of | | | || ditlo | | | || 6 | | | || of | | | || 6-2-1953 | | | || 8,400 | | | || camotim | of | assolna | || & | | | || cadiaband- | | | || netorlim | | | || avoril dongor | | | || 205- | | | || shantilal,kushaldas | | | || maamepan | | | || & | | | || fel | | | || maina | | | || quepem | | | || 9 | | | || of | | | || 13-2-1953 | | | || 3,300 | | | || & | | | || bros, | of | margao | || satarcarachem, mang | | | || 40 | | | || etc | | | || 206 | | | || lidia belinda simoes | coti dongor | | || ditto | | | || pirla | | | || ditto | | | || 10 | | | || of | | | || 13-2-1953 | | | || 11300 | | | || ~ | | | || of | goa | | |amount (in rs) situatiod number aod date of title village taluka sl name of the coooes-denomioation nature no sion holder aod his resof the mi oe idedoe ---__---8 5 6 7 ----- -- ---- _------ ----1 2 3 4 ------ -_- _---_--- -'-"- ---- --_,_--maina ouepem 12 of 20-2-1953 4,500 5 '}j)7 voicunta canecar, of bateagalor fe/mang margao bateaxembugal surla bicholim 13 of 20-2-1953 12,700 208 sociedade timblo seddo iron irmaos ltd, of margao cudnem ditto 14 of 20-2-1953 10,600 10 209 sociedade timblo quelchem tour, ditto irmoas ltd, of margao tambdi mati netorlim sanguem 15 of 2-3-1953 8,400 210 firm oriente ltd, of bibel pata fe! margao mang conquirem satari 18 of 6-3-1953 12,900 211 firm damodar ma-conquirem iron ngalji & cia (india) canvavoril ltd, of goa dong(lr 15 netorlim sanguem 20 of 6-3-1953 7,500 212 abdul satar abdul undrad vona & fel kadar soudagar, of odlotembo mang marpo colo mba ditto 21 of 9-3-1953 4,900 213 ganpdbar narsingdas aarawal, of margao passariatembo ditto 20 sancordcm ditto 22 of 13-3-1953 3,300 214 damodar japnata amoncar, of margao ordolo dodgor ditto 13,200 bimbolof sanguem 23 of 6-4-1953 colem 215 empresa minero co-choriancho iron mercial de goa ltd, tembo dongor of margao 2s 14,000 216 joao santana gomes, xelnemtembo, fel junior of marpo costiadvona mang aglote of ditto 2s of 10-4-1953 sancordem vichundrem ditto 26 of 13-4-1953 10,800 217 atchuta panduronga borcotea ditto "p dcssai, of netorjim dongor 30 ag10te ditto 27 of 13·4-1953 11,200 218 firm vm salgaocar tanquede ditto & i ltd, of vasco da bonconem oama sarvona bicholim 28 of 24-4-] 953 10,300 35 219 narayan ganesh ontichem ran iron prabhu zantye or ponecanem bicholim & bagaota ticana, etc ditto ditto 29 of 24-4-i9s3 11300 40 220 narayan ganesh conosiavoril, fel prabbu zantye gonesi mang bicholim achedativoril donarachem cutumbona, etc _-- ---~ --------- --------------number and date of title amoudt cia rs) si name of the conces-denomination nature situation no lion holder and his resi- of the mine denee village faluka --_--2 3 4 5 6 7 30 of 24-4-1953 8 '-4,'00 221 socicdade timblo bonvorfol'-fe/mang netorlim sanguem irmaos ltd, of margao ditembo e outros 31 of 24-4-1953 12000 222 firm chowgule & pale dongor iron pale bicholim cia ltd, of mannagoa 32 of 24-+1953 9,800 l13 narahari shivram ' palietembo & fel curdi sanguem x narvadednear of goa baqueriz mang 33 of 24-4-1953 11200 224 firm damodar man-marsodo ditto surla bicholim galji & cia, ltd of goa 35 of 15-5-1953 4,400 225 nalini camotim metacodil ditto vadem & ditto sancoalkar 01 naiini anvlitembo siggonem manohar kamat, caeora 36 of 15-5-1953 6300 226 esvonta visnum p bagueatembo raiturear, of margao ditto netorlim ditto 37 of 15-5-1953 4600 227 esvonta visnum p murmeatembo ditto curdi ditto raiturcar, of margao or anvalicodop 38 of 15-5-1953 9400 228 marcos marcelino p sem denomin-ditto mopa pernem de souza of pilerne aeao especial 39 of 15-5-1953 12,300 229 lekhraj nathurmal of _ ohem anvalem ditto arvalem bicholim goa 40 of 15-5-1953 4,800 230 xec mahidin xec khoiricho ditto sancordem sanguem daud, of vasco da do ngo r gama 41 of 22-,5-1953 9,900 231 vassantram ganv-caliemola ou ditto colomba ditto tram metham of asco calzarigogo da gama 42 of 25-5-1953 10,000 232 firm damodar mani-oriemola ditto moieajem ditto ga1ji & cia, nndia) (calem) ltd of goa 43 of 25-5-1953 4,900 233 xec abdul gofor, xec oiteiro ditto curpem ditto abdul aziz of curch-divodgal & curdi o rem 44 of 29-5-1953 6700 46 of 1-6-1953 13,200 - -234 vicente joao filomeno oana)i ditto varlem ditto figueredo of outulim dongor -235 jorge anibal de matos oungurem ditto miraneal ponda sequeira of goa belagal, etc ----- ----- -- _ -~~ -_ __ _ _-__--- ----- -----__ __ _---_ ------_- -_----si name of the conccs-denomination nature situation number and amount no ,jon holder and his of the mine residence villaac fatub' date ofltitle l (in ri) --- ---_&_-----~- -,----- 2 3 4 5 6 7 8 - - -------_ -'--'---' -- -------- -------__- ----------_ - -------- ---- _---_--236 damodar dundolica bogvota ferl quirjapajc sanguem 47 of 1-6-1953 9,10 moncar, of cumiatembo mang ponchovadi 237 sayad issac, of deucol cunbasai " adcolna ponda 49 of 8-6-1953 11,300 sanguem escapaco 238 firm vm, salgaocar madiem sigao sanguem 50 of 8-6-1953 6,900 & india, ltda, of vasco da gama 239 sripada voicunta laquerem e out ferl bordem bicholim 54 of 12-6-1953 9700 naique of bichoiim ter adj hang 240 zacarias antao, of monte iranqui " potrem i sanguem 55 of 19-6-1953 11,300 petalbatim 241 firm chowgule & cia khuntiemoiem su lco rna quepem 57 of 19-6-1953 14,200 ltda of vasco da , gama 242 vishvasrao d ganvancodii " gavancodil satari 59 of 26-6-1953 12,200 chowgule, of vasco da tod, etc gama 243 surlaji sinari cuntiemola molcornem quepem i 60 of 26-6-1953 13,800 cacodkar buido 244 sociedade timblo bondradvona iron codii &~ sanquem 61 of 3-7-1953 11,800 irmaos ltda, of daucona & darban-margao tanca dora 245 sociedade timblo zanodem ferl molcornem quepem 62 of 3-7-1953 13,300 irmaos ltda, of marao soda mang 246-sripada voicunta nai· medianchem cotorem satari 64 of 10-7-1953 11,000 que, of bicholim ran or etc vc)gem 65 of 17-7-1953 11,200 of goa vado etc 247 firm scsa goa ltda, potvo), modlo- " 248 anibal gabriel pereira guladvona' codar ponda 67 of 17-7-1953 7,700 of margao 249 vicente fernandes of mortegal mordi " uguem sanguem 68 of 17-7-1953 10,100 merces 250 firm s kantilal & dobacho don· netorlim " 70 of 31-7-1953 3,200 cra, ltda" of mapo goe ter adj 251 vinaeca naraina ban-dongorvado & " sanco dem " 71 of 31-7-1953 11,500 debr, of panaji curdado -__-_ ,----- ___ --_-----, -_-------_------_ -- " - -~, ~ ---- ------s1 name of the conoe-denomination nature situation number and amount no asion holder and his of the mine date of title (in rs) residence village flliuka ~- -- ---& - - - - - - - -,-__----- _----- _-1 2 3 4 s 6 7 8 ----~--_ ------ ------s 252 jaganata crisnanata oantcaracho fel bordem bicholim 72 of 10-8-1953 9,000 p mambro, of mapusa dongor mang 253 erasmo de jesus seq-u quegdicho cono " cotorem s, tari 73 of 10-8-1953 13,300 eira, of ooa &~ toleachem advona 10 254 crisna butu saunto, careadega codar ponda 75 of 10-8-1953 12,200 of borim advona 255 firm damodar man-blptamol " sanvordem sanguem 76 of 10-8-1953 3,200 gajji & cia (i) ltd, of goa 15 256 nalini camotim san-tirtha " naroa bicholim 71 of 10-8-1953 14,000 coajcar, of cacova 257 rauji raia sinai qui- hedultembo iron plssurlem satari 80 of 14-8-1953 8,100 rtonim, of ooa 258 firm shntilal k & ooiband feal velguem bicholim 81 of 28-8-1953 4,600 20 bros, of margao mattem mang 259 gasa ooa ltd, of suctoli " sangod sanguem 82 of 28-8-1953 13,900 margao chimtecalavoril 260 firm damodal' man-solla " colomba 84 of 28-8-1983 11800 " 25 galji & cia, (1) ltd, of goa 261 vassujeva madeva purmar and iron pale bicholim 86 of 4-9-1953 13,600 salgaocar of vasco da parvedhat, etc gama 262 mis sociedade tim-advona tole-" sigao~ sanguem 87 of 7-9-1953, 7200 blo iramao's ltd, of mata & calig-30 margao uro 263 sociedade timblo (1) cornol fel colomba " 88 of 11-9-1953 7700 ltd, of margao mang 264 -do-chanfiadongor vagantto verlem " 89 of j 1-9-j9s3j 13,100 265 -do-nassamordi e " saiglnem,' 90 of 11-9-1953 13000 " ter adj 35 266 sociedade javerbai & (vegreagundo , maina quepem 91 of 11-9-1953 8,200 cia, ltd, of margao 267 fulgencio francisco dadiavoril sodo, " l~elpi of satara 92 of 11-9-1953 14,200 ' monte, d'silva, margo etc birondem _ '" it 268 viswasrao d khind dongor iron vaguriem " 93of 21-9-1953 8,900 40 chowgule, of vasco & uro tembo da gama ---_ - ---,- ~----- - -~----~ -sj njn~ of the collc~s-d~nomination nature situation number and amount n> sioll holder auj nis of the mine residence --------- date oftitle (in rs) village taluka 1 2 3 4 5 6 7 8 ------------ ----269 motiram data gound gudiemola olear, of margao ferl mang nirancal pond a 95 of 2-10-1953 12,700 5 270 sociedade tjmblo, (1) bonquivol of ditto rivon sanguem 96 of 2-10-1953 4900 ltd of margao bonquivojadongor 271 vassudeva m calafondicho ditto sigao ditto 97 of 2-10-1953 8,600 10 salgaocar, of vasoo da sodo, etc gama 272 sadassiva sinai conatto iron suria bicbolin 98 of 2-10-1953 : 14,200 gaitondo, of goa 99 of 9-10-1953 r 5,900 273 rl>sario mascarenhas of xeivona quepem jacolicnem fer/mang boma ponda battavoril dongor or nagzor 100 of 9-10-1953 t 3,200 15 of colo mba 274 raia dotu sinai dade canvorem ditto canvorem sanguem sarvordem dongrachem advona or navelim dongrachem palsona 102 of 9-10-1953-funaa -4500 , 20 275 bajcrisna bhairji, of margao vagcm ditto siroda bicholim 104 of 16-10-1953 7,400 276 sripada voucunta naique, of bicholim godecondichem mola ditto bordem ditto 105 of 16-10-1953 9500 277 sripada baicunta naique baga e murvoou ditto pilipo of bicholina borga cudguicbea, etc 25 278 vishwasrao d ximechi muddi iron surja ditto 106 of 16-10-1953 12,800 chowgule of vascoda sopandta gama ditto ditto_ ditto 107 of 16-10-1953 11,000 3( 108 of 16-10-1953 4,800 fe/mo sancordem saoguem 279 vishwasrao d chowguje chicuchem mol of vasco da gama 280 v n bandekar, of curado e panaji potcalem 110 of 16-10-1953 9,800 iron pissurlem satari 281 jose cosme da costa, gavall of curto rim 111 of 16-10-1953 7,900 4( ferl dabolim of ponda mang siroda godacho dongor 282 jaganata genekar, of panda 112 of 23-10-1953 14,100 ditro sancordern sanguem santlaunem 283 ismail bin adulaif, goa l1s of 30-10-1953 13,000 iron melauli satad 284 firm vm salgeocar & issoriem irmao ltda, of v da vanganavoril gama dongor 4~ ---, _ _--_ --~ ~ ---_ -__---si name of the concession denomination nature situation number and amount no holder and his resiof the mine date of title (in rs) dence village taluka -----~--__-__ -1 2 3 4 5 6 7 8 285 firm chowgule & cia, bandavoril felmang vagurbem ponda 116 of 30-10-1953 8,900 s ltd of margao tueda 286 xec cadar xec usman, carva so rio of goa carva advon ditto vichundrem sanguem 120 of 2-11-1953 5,500 287 sooiedade timblo mata of vel-iron velguem bichoiim 121 of 13-11-1953 6,700 irmaos ltda of quemcho 10 margao dongor 288 vicente joao filomeno tarcem moli fel quirlapa- sanguem 123 of 4-12-1953 14,100 de ficueiredo, of mang ie e cod ii - loutulim 289, vicente 10ao filomeno codguicho ditto quirlapale ditto 124 of 4-12-1953 14,200 15 de sequeredo of dongor or etc loutulim 290 vicente 10ao filoneno bigsorvo or ditto cormonem ditto 125 of 4-12-1953 14,100 sequeredo of loutilim bissorvo 291 mingoa sociedade caodia soddo iron cod ii ditto 126 of 4-12-1953 14,300 20 mineira goesa, of goa 292 pundolioa p xete nar- gorhata e fer i salauli sanguem ]2 of 4-12-1953 6,400 vcncar, of sanguem ter adj mang 293 pundolicl\ p xete nar ditto ditto ditto ditto 128 of 4-12-1953 6,400 venear sanguem 25 294 sociedade timblo nos aforam-ditto madapsi ponda 130 of 18-12-1953 4,500 irmao ltd, of entos partiof or gao margao culares de dinacor 30 amoncar 295 sociedade tinblo b:biamordl ditto vichundrem sangu-132 of ]8-12-1953 13,600 irrnao ltd of margao em 296 sodedade timblo manbea gudo ditto verjam ditto 133 of 18-12-1953 14,000 irmao ltd of margao e alvantini 3s mollo 297 socicdadc timblo navetem don-ditto salginem ditto ]35 of 18-12-1953 9,400 irmao ltd of m argao gor 298 sociedado tlmblo chanfeadongor :ditto verlem ditto 137 of 18-12-1953 14,300 !mrao ltd of margao 299 sociedado timhlo pigadapada ditto verlem of ditto 138 of 18-12-1953 13,600 40 irmao ltd of margao ncforlim 300 socicdade timhlo murmunem ferl mclauli satari ]39 of 18-12-1953 13,200 irmao ltd, of mang 30t sociedadc timblo ghottimolli ditlo surla bicholim j40 of 18-12-1953 6,700 irmao ltd ofmargao 4s ---- ----_ -------------- -si name of the con-denomination nature situation number and amount no cession holder and his of the mine date of title (in rs) residence village taluka ---i 2 3 4 5 6 7 8 -----------302 firm oriente limitada, of margao; soutigundo fe/mang nanuz bicholim 141 of 18-12-1953 4,200 5 , 303 baburao anta raicar, temculi ditto siroda ponda 142 of 18-12-1953 4,400 of margao & santort:m 304 sociedade fimblo sailetembo iron sangod sanguem 143 of 18-12-1953 14,300 irmaos ltda, of 10 margao 305 narahari siuram shet vacanlitil fe! vacoli ponda 144 of 18-12-1953 12,200 narvenkar, of goa femculi mang ofcirnada 306 vicente jaso f de arvodem ditto loutulirn salcete 1 of 1-1~1954 6,000 figueirodo 15 307 sucilabal ananda purnicoda & ditto advoi satari 2 of 4-1-1954 5,600 keni, of goa pevanchem conn 308 mingoa soc mineira cancagalleu iron maulinguem bicholim 3 of 15-1-1954 4,600 20 goesa, sarl, of tolope goa borchemtemba 309 mablu saunto gaun-fdutembo ou fel bati sanguem 4 of 15-1-1954 12,700 co dessai, of xeldcm edumola mang 310 firm vs dempo & onvalienchi ditto onvaliem satari 5 of 22-1-1954 13,900 cia ltda, of goa math 25 311 firm shantilal ku-oxelavoril ditto naundem sanguem 7 of 1-2-1954 2,500 shaldas & bros, of doner dongor margao 312 raia porobo baticar, of sanguem pedadongor ditto mangal quepem 8 of 5-2-1954 6,200 313 atchuta visnum s dovormeacodil ditto rivona sanguem 11 of 16-2-1954 11,200 30 velingcar, of velinga doireme outs 314 jorge anibal de chanfericho ditto govanem satari 12 of 16-2-1954 4,900 matos sequeira, of goa advo dongor 315 ramabai ananta moiandega e ditto curdi sanguem 13 of 19-2-1954 4,300 35 avde, of quepem penota 316 visnudas narotemdes, raigodda ambe ditto ussopa bicholim 14 of 19-2-1954 12,800 of ooa_ botacho 317 vassudeva madeva caraichem mol, ditto sirod" ponda 15 of 19-2-1954 7,000 sajgaocar, of vasco aforamento do 40 da gama mouros e oodeachi mosone ~-~~ -- _6' ?-_la '" ~ situation ------ --- si name of the conoes-denmianation nature no, sion holder and his of the mine residence number ana date amount --------- of title (in rs) village taluka -'-----~ ---- -- ----_ -__------ 3 3 4 5 6 7 8 ------------5 318 sociedade timblo i edumola du flol/mang rivona sanguem 16 of 22-2-1954 13,800 ltda) of margao visnumgal 319 saciedade timblo oodmadongor ditto salginem " 17 of 22-2-1954 13,400 j llda of margao aram mordi 320 gangadhar naringdas ambeachodongor ditto bordem bicholim 18 of 1-3-1954 6,700 i;) agrawal, of margao 321 rozvir sinai garco, culnamol or ditto tudou sanguem 19 of 1-3-1954 12,000 of gacaim culna 322 firma vs dempo & onvaliechem cia ltda, of goa paltona iron ouvaliem satari 20 of 5-3-1954 13,000 15 323 firma vs d-:m;n & folpi e _ditto cudnem e bicholim 21 of 5-3-1954 9,400 j cia ltda, of goa mardando surla 324 voicunta srinivassa borcotem fer/ col em sanguem 22 of 5-3-1954 10,000 t)empo, of goa mang 325 hari visnum lotlecar, vitalachem ditto talauli " 23 of 8-3-1954 9,700 20 of margao xetavorchi maddi e nilaula 326 vassudcva m sal-pedichem tour ditto vantem satari 25 of 19-3-1954 7,500 gaocar, of marmagao 25 327 crispino rodrigues, dando cajumo-ditto muguli sanguem 27 of 22-3-1954 12,900 of sanguem laoilo soddo f 328 firma shantialal ponsivadivoril ditto aglote ditto 28 of 9-4-1954 3,300 kushaldas e irmaos advona of margao 30 329 vm salgaoc:ar e jrmao, or vasco da m!u'dando iron s,urla bich~lim 29 of 19-4- 1954 10,500 gama 330 firma chowgule & dongrado 00 ie- ditto nadora bardez 30 of 19-4-1954 11,200 cia ltda, of vasco acho dongor da gama mata e carhal 35 331 vjswasrao d chowgule semdenominacao fe/mang sancordem sangum 310f4-6-1954 12,300 of vasco da gama especial 332 firma caxinata d suriagativoril ditto talauli ditto 32 of 23-7-1954 9,300 naique ltda, of mordi margao 333 oangadhar n agra-culnamol e ditto muguli ditto 33 of 6-6-1954 14,100 40 wal of margao outros terrenos 334 caetano jose hugo ambdeabuttiho ditto salauli ditto 35 of 6-9-1954 11,800 v rodrigues, of santembo or penguem chem amount (in rs) denomihation of nature situation number and the mine --------- oftitle date village taluka ----- --------------~-----si name of the conces-no sionholder and his residence --- ----------------------- ----_ -1 2 8 3 4 5 6 7 - --------_-------_- -------------carapur ~j bicholim 31 of 15-10-1954 r 6,100 5 tambdeamaticho iron tembo or navi-: gal 335 minguel santana t de souza, of sa nodcuelim ~mang 38 of 18-10-1954 10,300 336 firm damodar nan-baladongor 1 galji e irmoas ltda, fel 1 candeapar - ponda of goa 8,000 10 sancordeml<'_ sanguem 39 of 22-10-1954 e darban- ; doh: -_ 331 firm snantilal kushal-rameagolli tal-, iroll das & bros, of saie topiagal~· __ : -margao curpem ~[ditto 40 of 22-10-1954 7,300 338 firma vs dempo & sem denomina-fel cia ltda, of goa cao especial mang 15 iron 1 culna soddo : cormonem ditlo 41 of 5-11-1954 ~ 11,800 339 ailiabai dessai, of goa 7,400 ~ sajginem ditto 42 of 26-jl-1954 ; "fel mang caximordid e caxidongnr 340 sasiedade timblo i ltda, of margao iron r 13,400 20 341 firm ·s kantilal cia doro & ltda, of margao nanora de bicholilo-44 of 6-12-1954 latambarcern uitto sangodj ~ sanguem 45 of 6-12-1954 12,300 342 bhalchandra a avde, odamolla of quepem pi rna bardez 46 of 6-12-1954 14,200 2s 343 viswasrao d chow-chinvor ghol~ ditto gule of va soo da gama 1sigao sanguem 47 of 6-12-1954 f 8,100 344 vassudeva m salgao- ~ calafondicho car, of vasco da ,oddo, etc ditto gama fel}\tang~:curpem ~:sanguem 48 of 6-12-19!14 30 11,500 34s salyador fernandes, of gholl dongor sanguem 8,600 346 vassudeva m saigaocar, moitem cumar- iron of marmagao vado e xaimartodd advolpaie, bicholim 49 of 6-12-1954 latambarcem e moitem surla ditto 1 (if 14-1-1955 fel mang' 347 firm damodar mangalji ambeavelem & cia ltda, goa boroda dilto pi/iem , sanguem 2 of 14-1-1955 10,000 348 vinaeca narai naban-ocambo deoar, panaji ditto sancordem ditto 3 of 31-1-1955 13,400 40 349 fir v m saigamcare datimola irmaos ltda of vassco da gama ----__----,---_ __--------_ ------ ---- -- -------~-----si name of the conces-denomination nature situation number and date amount no sion hoder and his the mine -of title residence village faluka (id ri) ~ --- 5 1 2 3 4 s 6 7 8 -__-i 350 sociedade marzok & devachi paim iron darbandora sangucm 4 of 7-2-1955 11,100 cadar ltda, of margao 351 narandas popotial, coutemdo ngor fe/mang sigonem ditto 5 of 11-2-1955 8,800 of goa 10 -~352 sociedade timblo mareta ou iror onda satari 6 of 18-2-1955 ,3,900 irmao ltda, of marasoddo, etc margao 353 metelo x diniz mandaadvona fel calem sanguem 8 of 26-3-1955 j 5,600 mang 15 ~3s4 sociedadc mineiro mau]ingtodcho iron maujinguem bicholim 9 of 2-4-1955 [4,800 goesa ltda, of goa dongor 355 firma nb kamat & i chanfericho fe/ ; ma)pona satari 10 of 16-4-1955 i 14,000 i filhos ltda, of advo mang margao 156 abubakar noor mohamed sanvri batacho iron] vehtuem bicholim --:- 12 of 30-4-1955 5,000 20 (buda shet) of panaji ~odo 357 firma vm salgaocare visnuporba·' ditto~l sigaop sanguem)t:,i 13 of 30-4-1955 1o,i00j irmao ltda, of chem riagau vasco da gama !rone chon dra vito ba dessai ditto 358 abubaker noor mahomcd banastarime lfe/mang banastarim ponda [14 of 14-5-1955 1)3,200 (budda xete), of goa adjacen tes 359 francisco xavier tollem e nitt,, ambeli satari 15 of 21-5-1955j hi4,i00j patrocinio furtado, of cazumodi 30 benaulim 360 vassudeva quiri semdenomin k lron sonus von ditto 16 of 18-6-1955 :- 8,200'; quenim, of goa aeao especial il voliem 361 lidia belinda simoes, of ponsana-fe/mang codi : sangueml 17 of 25-6-1955 14,300 goa dongor 35 362 firm vm salgaocar & malpona ditto lmalpona satari 18 of 2-7-1955 12,100 irmao ltda, of vasco vanganvoril da gama dongor 363 sociedade timblo bondumoilo iron molen i-sanguem r 19 of 9-1-1955 14,200 irmaos ltd, of margao 40 364 socicdadc timblo siroli culna nitto ~darban ditto 7' po of 9-7-1955 14,100 lrmaos ltd, of margao ,-tor, 365 sociedade, timblo ordosoddo ditto cormonem b ditto 21 of 9-7-1955 14,000 irmaos ltd, of margao codli 366 sociedade timblo odavoril tour ditto quirlapale ditto 22 of 9-7-1955 14,200 45 lrmaos ltd, of marga( -" situation nature denomination of the mi&le amount (in rs) number and date of ti tie si name of the conces-no sion holder and his residence village taluka 5 6 4 3 8 7 ----- 1 2 - - __--_ _ _--5 unia dongor iron querim ponda 23 of 9-7-1955 10,300 361 ramacrisna dandari, of goa fer/mang darbandora sanguem 25 of 9-7-1955 9,900 veilcm poicul e daisaunto 368 caxinata panduronaga xete parcar, of cur- ' chorem cajumolla, etc ditto sancordem ditto 26 of 9-7-1955 10 6,200 369 firma sesa goa ltd of goa 13,900 370 firm s kantilal & cia udolxem e madia ditto sancordem dittu 28 of 16-7-1955j ltda, of margao vangana ii 7,500 15 371 atchuta vishum s lacavelem upor-ditto agliote ditto 29 of 23-7-1955 velingcar, of velinga gaovatta 7,100 372 quessova sinai cundo, zorla ou ditto xellpem ditto 30 of 30-7-1955 of mal gao zolla 14100 373 firma chowgule & cia dangarvado iron gavanem satari j 31 of 30-7-1955 ttda, of vascodagama outroz 6,200 20 374 firm sesa goa ~ semdenom fer/mang pirna nadora bardez 32 of 30-6-1955 litmiteda, of goa inacao especial 14,200 375 antonio francisco eduando ou ditto tudou sanguem 33 of 6-8-1955 sales de andrade, of mad everin sanguem 14,100 25 376 gajanan panduranga santonachi upri iron dabal ditto 34 of 13-8-1955 xeto parcer 13,000 377 sooiedade timblo mauco eatodichi iron pale bicholim 35 of 13-8-1955 irmaos ltd" of margao nuli 5,100 378 sociedade 'pimblo umoriem tican ditto surla surla 36 of 13-8-1955 lrmaos ltd, of margao 30 8,700 379 soieded timblo irmaos kirmojachcm iron surja bicholim 37 of 13-8-1955 ltd, of margao 14,300 380 socledade minelra millem dongor ditto darhonora sanguem t:38 of 3-9-1955 oocsa ltd, of ooa 17,800 35 381 sc)ciedade mlndra xirvolculna ditto ditto ditto 39 of 3-9-1955 goesa ltd, of goa 11,000 382 vm, salgaoncar e quella ditto tivim bardez 41 of 5-11-]955 irmaos ltda vasco daoama 14,000 383 caetano f ciprlanode] dculacodil tour fer/mang nlrancal pond a 1 of 18-1-1956 souza of sanquelim 4° ----~ ------__-------- ----~------ - ----si name of the conces-denomination nature situation number and amouna no sion holder and his of the mine date of title relidence village taluka (in ra) __--_ ---------- __-----_ _--- ---i 2 3 4 5 6 7 8 --------- 5 384 burioo da silva de bicholicho ataide e reive de choll iron mahem bicholim 2 of 18-1-1p56 14,100 noronha, of porvo rim 385 firm vm salgaonear goteacho tembo fe/mans majpona satari 3 of 1-2-1~s' 14,300 irmas ltd of vasco ougoteacho 10 dagama molli 386 shantilal khushal da baburli sodo ditto cormonem sanguem 4 of 1-l-1956 14,3qo and bros of mar gao 387 s kauthal & cia niulitembo, iron bati, ditto s of 8-l-19$6 14,300 ltd of margao fatratembo valcem is 388 marcos marcelino p oogol fer/mang usgao bicholim 7 ot 21--3-19'6 14,ooq de souza, of goa 389 baciruclin husscnbhai coro pimpla iron bordem ditto a of 18-3-19'6 l,200 radijee, of goa codil borod etc 20 390 shantilal kushaldas aforamento fe/mang arvalem ditto 9 qt 28-3-19'6 10,<500 broil, of margao de burculo sounsar 391 gopinata sinai gerco, gauntonaou ditto molcornem quepem 11 01 11+19'6 15m of agacaim undorna e 2s cormal, etc 392 maria anamalia vb mida ditto naiquinim sanlucm 1201 11-4-19'6 - 7soo mascarenhas baganza, of marlao 893 jailing mqanaiaj, of derguna ditto vagurim satarf 1 of 11-4-1956 6,$00 30 goa 394 marzook cadar ltda, borga1lc ditto colomba sangeum 18 of 1&4-1"6 j2,500 ot margao 395 sociedade litholorro deugod-iron sangod ditto 19 01 18·4-1956 12,100 ltd, of mapusa molavoril 3s dongor 396 hirabai heide, of benore dando fe/mang cumbarl ditto 20 ot j5-4-19'6 7,660 marpo 397 roguvir naraina loti paicachi ditto maina quepem 21 ot 2-5-1956 ',606 ecar, 01 margao zor, etc 40 398 roguvir naraina lotle xeme-vain ditto gansem satari 2% of !-~1956 11,900 ecar, of margao anehea dongor m r,oguivir naraina loti latbag ou ditto carapur bicholim 23 012-5-1956 3,600 ecar, of marpo maticho zaga - --------- -__-~-"-si name of the conces-denomination situation number and amount no sion holder and his of the mine nature date of title (in rs) rciddencc village taluka ------ -~-2 3 4 5 6 7 8 --__--------- '---------400 badrudin hussenbhai evalem fe/mang costi sanguem 24 of 16·5-1956 13,000 3 ramjee, of margao deulamol 401 sheik kadar sheik carpadegga, ditto cod ii ditto 25 of 165-1956 5,800 husman of goa etc 402 pedro nolasco d vis a vis de iron colem ditto 27 of 27·6-1956 8,900 souza, of vascoda estacao de gama f('rro 403 s kantilal & cia vuipiare s ditto bati ditto 29a of22-a1956 14,100 ltd • , of margao 404 s kantilal & cia gonsumoddi ditto ditto ditto 30 of 22-8~1956 12,100 ltd, of margao 15 405 vin8cca naique, of madiencho ditto saigao ditto 31 of 228 1956 14,100 margao soddo 406 namexlar mangaliji & quitalmotta, ditto arvalern biehourn 33 of 22·8·1956 14,000 cia ltli, of goa etc 407 damodar mangaliji a dobe ditto saigao sanguem 34 of 22-8-1956 7,soo 20 cia ~td, of goa adjacentes 408 s kantilal & cia bamenannu-ditto talauli ditto 36 of 29-8·1956 14,000 ltd, of margao lescadem e cumbari ourtcs e bati 409 vassudeva madeva aglotesoddo ditto aglote ditto 38 of 17-10-1956 4300 25 salgaocar of vaseo da gama 410 vm sangaocar & majpona cui- ditto madpona satari 39 of pl()'1956 7,700 bros pvt! ltd navoril dongor 411 firm vm salgaocar gainvadd ditto aglote sanguem 40 of 17·10-1956 13,590 30 & i ltd, of vasco dongor " da gama 412 chowgule & cia cuntichcm ditto ponoccm satari 41 of 24-10-1956 9,900 ltd ,of marmago tollcm 413 roguvir sinai gareo, careareatemba ditto tuccu sanguem 42 of 24-10-1956 11,200 3' of margao 414 10ao hugo eduardo tojpavaddo iron darbandora ditto 43 of 311()'19s6 14,300 sequeira, of goa etc 415 firm vm salgaocam sumlavain ditto aglote ditto 44 o( 7·11:'1956 13,300 e immaost of vasco ganacho dagama vandivomil 416 a velino francisco purna e ditto costi e ditto 45 of 12-12·1956 14,300 fernandes, of eurcho-gogiij cananguirem nim si name of tho canoes-doilomination nature situation number and amount no sion holder and ius of the mine date of title (in rs) rotidcncc village faiuka - _------------------ _--1 l 3· 4 5 6 7 a -_ ------- 433 joaqulm antonio moticho fe/mang nanuz bicholim 18 of 13-5-1957 ·r 14,900 maria baptista of silva dongor ganguem 414 soclodado 'fimblo davoscoramolo iron carapur ditto 18a of 20-5-1957 ~ 8,300 irmos ltda, of maraao vaddo 4'5 francisco cocllio, predio ambexim ditto pale ditto 19 of 20-5-1957 r 14,300 j( lorso sequoira, of goa 436 sooledade timblo oiteiro fanascan- ditto q1iirjapale~ sanguem 20 of 20-5-1957 i 14,300 irmaos ltda of marteme mas po galicho soddo 437 sociedade timblo suriagal fe/mang bad ditto 21 of 20-5-1957 l 8,soo 1~ irmaoi ltda of murdi marpo ·u8 8oolodado timblo oancamolla e / ditto rivona ditto 22 of 20-5-1957 l 3,900 irmaoi ltda of halditembo marpo 2( 43~ itrlahna vamona keni, don ou dudo ditto manora bicho}im 23 of 20-5-1957 t 4,000 ofooa ncm e polpi entre i1ligados 0 ramacanta visnum corpadega val-iron darbandora sanguem 24 of 3-6-1957 i 8600 2: sinai veungcar, of uoo predio parna, veunga _ etc 441 viswaarao dataji chow- oonquichem fefmang piocul c satari 25 of 3-6-1957 ! 10,800 suic, of marmagoa ran darbandora sanguem 442 firm chowgule &: cia bimbol dongor c iron xclopo satari 26 of 3-6-1957 ~ 14,300 ltda of marmagoa ter adjits eurado 3( 443· mussa xeque usman, dudagal culna, ditto colero sa~guem 27 of 3-6-1957 12,000 olooa etc 444 santana p",nandcl, of soddo ditto margao curtorimj salcete 28 of 1-7-1957 i 14300 445 s kantilal &, cia ltda, carimol of margao charidimol ditto cumbari sanguem 31 c{ 12-8-1957 l14,loo 3~ 446 s kantilal & cia ltda, of mar gao madanrjca ~ ditto bati ditto 32 of 12-8-1957 f 16,700 447 ropvir sinai oarco, tolem bibla, etc ditto 'rudou ditto 33 of 12-8-1957 ei3,soo of s lourenoo 4( l448 firm shantilal kushal-iranqui ~ ditto potrero ditto 34 of 26-8-1957 l 7,600 daa and bros, of margao 449 ghanaxama naraher 'racaoilo dongor ditto pissurlem satan 37 of 9-9-1957 : 5,500 4~ 'lhaker, panaji-qoa conda 1 91 name of the eonces-denomination nature situation number and amount no tion holder and his of the mine date oft i tie (in rs) residence village taluka 1 2 3 4 5 6 7 8 5 4so firm chowgule & cia peguaca-juncho iron tudou sanguem 40 of 16-9-1957 il,soo ltda, of margagoa fembo 451 firm chowgule & cia moransoddo ditto ditto ditto 42 of 16-9-1957 13,100 ltda, of marga goa motto 4'2, shri db bandodkar,~ goteacodlo cud fe/mang codqui satari 1 43 of 30-9-1957 13,600 ~ 10 ofpanaji etc i \ , , ponda! ''i 453 firm damodar man-madapoi, iron '1 oragao 44 of 14-10-1957 6,000 ~{ ' galji & cia (i) ltd, of moson,etc ooa 454 firm damodar man-sancodecho fefmang cormonem sanguem 45 of 14-10-1957 13,500 15 galji & cia (1) ltd, dando, etc of goa 455 hori p curchorcar of, chafer, etc iron querim ponda 47 of ]4-10-1957 10,100 goa 4'6 hort p curchorcar of, canfcndongor, i fe/mang nirabaga sanguem 48 of 1 4-10-1957 13,700 20 goa etc 457 s kantilal '" cia ltda, of margao kalledongor ditto dongor ditto 50 of 14-10-1957 13,900 458 roguvir sinai gareo, of cairik, colle-iron bordem bicholim 59 of 9- j 2-1957 13,900 agacaim anchemped, etc 25 459 tilu madeva xete par-godeasoddoe ,~ ditto calem sanguem 60 of ]6-12-1957 10,600 car of pond a outros 460 tito trinidade p dapotcachem fe/mang curdi', ditto 610f23-12-1957 14,300 moraes, of cuncolim 461 francisco c jorge baucui connan iron macm bicholim 620f25-12-1957 12,700 30 sequcria, of goa dongor, etc 462 francisco c jorge vainguinim don-ditto v ainguinim-; ditto 630f25-12-1957 14,000 sequeria, of goa gor e outros 463 vicente fernandes, of ifalichero molle ditto davem satari: 10f6-1-1958 14,300 mcrces outors 35 464 joao hugo eduardo dangarvaddo ditto ditto ditto 20f13-1-1958 13,000 sequeira, of goa suraguinchi 465 joao hugo eduardo, uro dongor e ad-ditto sanvordem ditto 30f13-1-1958 13,900 sequeira, of goa jacentes 466 sociedadc marzook & nirancarichi ditto sonal ditto 4 of 13-1-1958 14,300 40 cadar ltda, of vasco da gama 7 caetona francisco c agler e outrosj de souza, of sangue1irn ditto colero senguem 70f20-1-1958 13,800 _ _--sj name of the concoss-denomination nature situation number and amoullt no ion holder and his resiof the mine date of title (in ri) dence village 'faluka --_ __ ---i 2 3 4 5 6 7 8 ----- ---__-_ <468 venctexa ananta p cantor e iron verem ponda 8 of 20 1-1958 14300 5 raicar,ofverern cantorli etc 469 nilconta jaganata scm denominaco ditto davern satari 100(3-2-1958 14,300 coulecar, of goa especial 470 sitarama atmarata karidonger e fe/mn begalim pernem 12 of 10-2-1958 14,300 naigue, of mapusa outros 10 471 shantaram, s samat, hoticho ondea· iron ladpem bicholim j30f24-2-1958 14,1o<f ofpanaji voril dongor 472 socledande timblo gaotenaee dusri codil sanguem sanguem 14 of 24-2-1958 5,900 irmaos ltda, of margao fall 473 firma damodar m masticule nachem ditto santona ditto is of 3-3-1958 13,200 15 (india) ltda, of goa advona 474 abdul rajak, panaji pon!!rsea holdlm fe/mang calm ditto 16 of 10-3-1958 14,300 475 tomas caetano de godecoe e tar ditto ela ooa 17 of 24-3-1958 13,800 sousa, of raia adjts 476 sripad p dhungh at, capila gaechem iron arvlem bichojim 180f9-5-1958 14,300 of margao guedd iro 477 vivian coutinho of marsode achem ditto sonsvono satari 19 of 16-6-1958 9,600 margao pal sona liem 478 ramaki isna bandari, unia dongor e ditto querim ponda 21 of 13-6-1958 14,300 of goa adjacentes !i5 479 dorotia ee aldemira, magititem b mat ditto ditto ditto 22 of 13-6-1958 14,300 pereira of diwar tidongor 480 raguvir xamba naique todguevoril fe/mang navelim bicholim 23 of 13-6-1958 14,200 of mapusa mordi 481 viruparapa basappa, botvadi c iron maem ditto 24 of 13-6-1958 14,300 so of margao vorvedeac odil 482 shantilal kushaldas aralimolacho ditto canangui quepem 27 of 21-7·1958 14,300 & bros of margao tembo nim 483 adolfo patrooinio batimola e ditto bati sanguem 28 of 28-7-1958 12,300 e gomes of margao zemblisoddo 35 484 heramba r,agoba calguinicho fe/ pale bicholim 30 of 28-7-1958 6,400 , dolvi, of pale canno mang 485 babol saunlo naique choromoll e iron dati sanguem 31 of 28-1-1958 6,000 tari, oc sanguem adjaoentes ----------__- ~-- ----- - --- --- -----si name or the con-denomination nature situation number and alnouna no cession holder and his of the mine date of title (in rs) residence village taluka -------- - --,~-------- -----__-1 2 3 4 5 6 7 8 -------~ 86 firm shantilal kusbaj page mol e iron ugemc sanguem 33 of jl8·1958 , 1,000 das & bros of saunri-moll cotarli margao 487 daianancla b ban· sorvoi e am-fel boma ponda 34 of 11·8·1958 1",300 dorcar, of goa bleanchem moll man, 10 488 daiananda b ban-do lcacbem iron mulpo bioholim 35 of lj·8-1958 13,000 dorcar, of goa to lop 489 finn vm sajgaocar fojiadon-ditto morjem satari 36 of 11-8-1958 14,100 e irmaos ltcla, of dongor vasco da gama 15 490 firm vm salgaocar unio de ditto molem sanguem 37 of 11-8-19s8 14,000 e irmaos ltda, of zambo ii vasco da gama 491 firm scsa ooa ltda, toleachi add ditto arvelem bicholim 38 of 11-8-19'8 14,300 of 008 etc 20 492 firm sesa goa ltda, ambaeculna ditto sa nto na sanluem 39 of 11·8·1958 13,200 of goil 493 vassudeva m sa1gao-kalasco· ditto latambar·ecm bichelim 40 of 11-8-1958 ,14,200 ctlr, of vasco ja ndichem eto e sataro gama ond a 25 494 vaasudeva m salgao--durgea pan ou fe! curpem sanjuem 41 of 29-8-1958 10,300 car, of vasco da durgaso mana gama 495 vassudcva m salgaa-padispo-nnas iron sancor dem ditto 42 of 29-8-1958 14,300 30 car, of vasco da taria· voilem gama etc 496 vassudeva m salgao-coirim oiavor ij ditto sipo ditto 43 of 29-8-1958 8,300 cae, of vasco da ad vena gama js 04p7 vassudeva m salgao-cotgui nem, va ditto melauli satari 44 of 29-8-1958 13,500 car, of vasco da guriem e deus gama uam 8 vassudeva m sajgao-agapuri xeta fel amona bichoiim 45 of 29·8·1958 5,000 car, of vasco da mang gama 40 499 firm vm salgaocar gulapa slacho iron melauli satari 46 of 29-8-1958 1",200 c lrmaos ltda, of temb etc vasco da gama 500 caxinata deu saunto cormola ohem ditto cudnem bicholim 48 of 29-8-1958 14,000 45 talaulicar, of ponda moll e anio temb sol firm vm salgaocar xedicbem fel porio m 0 satari 47 of 29-8-1958 13,600 e irmaos ltda, of advona mang podooe m --- vasco cia gama --------- ----------------- --------------- ----- - -- - ---- ---amount (inri) sj~ name of the con-" denomination nature no cession hold~r and his of the mine residence situation number and --------- date of title village taluka 8 5 6 7 1 2 3 4 bati sangucm 49 of 12-9-1958 4,300 5 s02 firm s kantilal & cia paicatem-boe iron ltd, of margao adja cent-es colam ditto 50 of 12-9-1958 4,800 s03 mobanlal s regc of cotuevade achi ditto quepem (emb 0 ambeli satari 51 of 29-9-1958 14,300 10 504 firm chowgule and pateaoilo ditto cia ltd, of marmagoa tc1nbo, co rldongrac hem palso l1a e adjaconte~ 13,000 navelim bicholim 52 of 22-9-1958 amona 50s firm chowgule and sastachoa d vo 0 ditto cia ltd, of marmagoa ter adjts 1~ 11,300 sigao sanguem 53 of 22-9-1958 colem 506 firm chowgule and oodemsod-ddo ditto cia ltd, of marmagoa e ler adjts codar ponda 55 of 22-9-1958 4,600 s07 ismail bin abdul camarali e ditto latif, of g(a adja centes 12,soo 20 darban sansuem 59 of 29-9-1958 dora s08 rodoifo gr meg, of tatode, devichi ditto margao rain etc vicbundrem ditto 66 of 17-10-1958 14,200 569 mineria prnnetedo-ra bonquitem ba ditto ltd, of na!orlim nirancai ponda 67 of 17-10-1958 5,100 | 510 vassudeva pp | ve1- ||------------------------|-------------------|| madtudad | e ter, || ditto | || suencar, | of || adjts | || rem | || sigao | || sangucm | 70 || ·8,700 | || 511 | || firm | chowguie || & | || cia godamsod -do- | || ditto | || ltd | of || goule vadd etc | || sanvordem | || satari | 71 || t | || 8 | || ,200 | 30 || 512- | || firm | chowgu1e || deunacho | ditto || cia ltd | of || adjts | || maem | || bioholim | || 73 | of || 14,300 | || s13 | || firm | chowgnle || aldonaveddi c | || cia ltd, | of || ditto | || navelim | || il | || ditto | || 74 | of || 14,100 35 | || 514 | || oangadhar | narsing- || semdeno | || ditto | || das | agra || minacao | || margao | || especial | || 14,000 | || sancordem | sanguem || 515 | || jaganata | ganecar, || cupadongor | || ditto | || goa | || adam | tembo etc || arvalem | bicholim || 76 | of || 26-12-19s8 | || s,soo | || 40 | || 516 | || firm | shantilal kusha1- || novelim | dar || fe! | || das | || & | || bros | of || ter | || adjts | || mang | || margao | | --__--,-,__' - _ - --__- it<sl n arne of tbe· goat denominatioa , nature situatien· n~""'' - t no; oauiun holdorlu1&'w, of the mmeda o'''lie" resi4tnce village 'faluka ----_- - _ _ -_- ~' -- --- ------- ----~--- ---_ :- ------~ 2 3 4 s-6 7 - ------ __ _ • _----- -------_ _--_ ---5 517 vassudeva, p&t14ilwilf' morancbu lrc>li sarvona bicbo~, 1 of~")l~ 1 jiooa i velguencar, of umbo curchorem 518 ramakanta rajarama datachem fatr-fei~iy1g sangordem sa~i 3 of,23-3,19$9, '500 panguincar, of marimola etc 10 gao sl' d mariauemsina loban·mol'o iron poriem ditfo 4 of 64,:95" 11;500" correia me lopes of goa 15 520 rama ni)uneique of bifhlimo la e ter mang bc!qui ponda 5 of 2'7;~ 19$9' 7,700 carambolim adjts 521 pundolica poi vernen-ondolo e iron darbarn sang~em 7 of 9-5:1959 '4tl~, oar of mtraell ten eros adjits a(ldora (c/o manibli p va~ekar) 522 s(ipada gppjaata mar-wln d,ga e dm'q ditto ditto 8 of, 9105-1 q5~ &a,9oi1 ter adjts ~o 523 xcmbu 0 >v:nda sinai, vatoli mordi fetl curdi sanguem 11 of 9-5-1959 3,400 cuvelcar, of goa etc mang 524 ranum djttu p damonehemcho iron damocem s1ltari 14'of 9wsoi9" j6,300 l'jund), of goa advo e tee adj guieh 525 rl!num d lttu p santone ~oddo ditto advoi dib 1 ~ of-9'-5-1959-j-8,i00 !l) loundo of ooa e ter adjts &addoii 526 firm damodar man-cott 0 ter adjts lroe· aalji & cia ltd, of betqui pod· j60f~t~· ',600 ooa 521 laganata c port ab::l gantcarach ditto bordem biohelittt 17 of 9-'-1959 7200 30 mambro, of mepusa dongor ~ 528, xarachaqdta j zarap-querem kap,rr' ·want cborao goa la,of~lpj91 6 •• , car of mapusa eacho ,dn deugui 529 panduronaa sinai mortimolav,ril iron conqdiram satari 21 of 9-5-1959 12$qo garoo of(m$tpo sqd4oe teri adjaoentes 3~ slq, 1ulxidosma~eva xote deulcar of calem deugothnal/t, pilasal, gogia itod' mjulinauem sanpcid 22·of84-lm, h •• , eto 531 vinaeca nai-ue-, of carada, bind'~mba ditto codar ponqi 24 of 8-6-195~ 1'3,«jo marsao etc s31 antoni f qaerioo margalicbo ditto calam sallguem 29 of 29-6-;j959 , 14,300 40 gomes of cavellossim soddo etc 533 narahari siurama x era venganavoril fel 1ii;mo1cor ' quepem 30 of 29-6-195!1 lj,3qo narvencar of goa mordi mans i nem | sl | ||-------------------|-------------------|| ·haqle | || of | the || ,no | || sioa | || holder | and || , , | residence || situation | number || --------- | date || village | || taluka | || :t | || lamount | || i | || (in | rs) || ----------- | || - | || _---- | -------__------- || -- | || -------- | || -~ | || | || ---- | || -- | || - | || 2 | || 3 | || 4 | || 5 | || 6 | || 7 | || 8 | || -----_ | ---- || --------_ | || __ | || _------- | || _"--- | || sanguem | || 31 | of || 13,000 | || 5 | || 534 | narahar || namencar | of || ambeadoc e | out || ros | ter || adj | || iton | || santona | || rumbrem | || ditto | || 33 | of || 10,400 | || tolichem advona | ditto || e | || ter ildjts | || codii | || 535 | || sripada as | || sanvo | || sanvordencar | of || cur- | || chorem | || 536 | joaquim || piedade | || dias | of || cott | || e parte | || de | || ditto | || priol | || chinchecho | soddo || ponda | || 35 | of || 14,300 | || 10 | || etc | || ditto | || curdi | || sangucid | || 36 | of || 13,800 | || 537 | || mucunda sazu s | || \ salelcar | of || butermola | || antre | mola || dudemol | || etc | || 37 | || of | 29-6-1959 || 14,300 | || r,ajabaya e terr- | || eaosadjacentes | || 538 | || firm | vs || dempo | || & | || cia ltd, | || of | goa || ferl | || mang | || cananguin- | canacona || im | || (cola) | || ditto | || antoriem | || sanguem | || 38 | of || 11,000 | || 539 | shantilal || kusbaldas | || & | || bros | || ltd | || of | margao || duriamodi e | || terrenos adjaen- | || tos | || ditto | muguli ||---------------------------|--------------------|| ditto | || 43 | || of | 31-8-1959 || 14,300 | || 540 | || sociedade mineira | || ex- | || cargal | || tel | || vole | || plora | || dora | of || sanauem | || santonamorbi | || mata | nacional || ditto | || curdi | || ditto | || 44 | || of | 31-8-1959 || 10,500 | || ta~i, | || etc | || 541 | narahari || x | || narvencar | of || iron | || ponda | || 47 | || of | 21-9-1959 || 12,200 | !is || pedicho | soddo || bomachem | || vadio | || soddo | || 542 | firm || mineira | || nacional | || ltd | || of | || marpo | || bomae | || cunooli- | || em | || ditto | || curdi | || sanauem | 49 || of | || 21-9~1959 | || 3,100 | || 54~ | || xcc | || ayub | of || vv'8aulped | 0d || u | || aaucmor | || i | || e ter"adj | || gc | || 50 | || of21-9-1959 | || "9,300 | || 544 | || baseora | || saauda | || corpe | || of | va lpoi || fofande, | cuzrea- || ferl | || massordem | satarl || cho | tembo || zori~i1o | || mana | || dongor | || e | || ter | || adjti | || pondichi | || mat | || e | || iron | || anmona | || bicholem | || 52 | || of | 21-9-19$9 || ·7,100 | 3! || 545 | || caximo | can || can | || of | margao || ~l:ji | || dhat | etc || ditto | att || 54 | || of | 21-9-1959 || 4,600 | || 546 | manoharial damodar || of | || goa | || oiteiro | tolto || e | || ~c;ljal?ccts | || ditto | pissusurlom satari || camanchom | || 57 | || of | 21-9-1959 || 14,300 | || 547 socieda4e litholerro | || ltd | of || tcrj~jts | || ditto | || mololem | || sanguem | || s8 | || of | 27-9-1959 || , | 14,300 || 541 | || ~ | || lithofcrro | || ltd | || of | || mapusa | || matieaho | || d~nser | || e | || ter | || adjts | || " | || | || situation | number | and· ||-----------------------------------|---------------|---------------|| 1 | | || --- ;- | | || ~--- | | || date | | || 6ftirle | | || i' | | || atdbu~" | | || village | | || | tahl1ca | || (inrs) | | || si; | | || name | | || of | | || the | | || (!oqals- | | || denomiution | nature | || no; | | || sion | holderand | his || residence | | || 4 | | || 5 | | || 6 | | || 7 | s | || 2 | | || 3 | | || iron | | || cudneme | e bicholem | || 1 | | || 59 | | || of | | || 27-9-j9,s9 | | || navelim | | || 5 ' 54' | | || ramcrisna | dattu | porabt{arut || loundo | of | panaji || temb etc | | || -j" | | || sejaiiauli | | || sanguem | | || ditto | | || 550 | | || firm | s | kantilal || ~j | | || ltd | of | margao || i | | || 12500 | | || 1; | | || - | | || : | i:' | ' || ,_''i | | || | 14,100 | || santona) | ditto | || ditto | | || 64 | | || of | | || 2s-9~ | 19~9 | || : | | || | | || : | | || 10 | | || 55} | | || firm | scsa | goa || goa | | || santona | vadi | || soddo | | || e | | || ter | | || adjts | | || 65 | | || of | | || ~8-9~ | 19s~ | || < | | || 13,900 | | || curdi | | || ditto | | || ditto | | || 552 | | || sociedade | s | kantiial || &cia ltd | of | margao || 3,300 | | || ditto | cumbari | || pitto | | || 68 | | || of | | || 2s-9-195~ | | || , | | || , | | || '~ | | || 15 | | || s53 | | || firm s | kantilal | || &: | | || cia | gogol | e galli || ltd | | || of | margao | so rod || 70 | | || of | | || 2s-9-1 | | || ~~~ | | || _ | | || < | | || i4,300 | | || fatftps | | || 'qwepem | | || oovindachi | ditto | || gatti | | || e | | || ter adjts | | || ss4 | | || mohaolal | vassudeva | || salgaocar, | | || of | vasco | || da | gama | || " | | || | | || 20 | | || 555 | | || lidia bolinda simoes, | | || of | goa | || edumolavoril | - | fe/mang || sanguem | | || 71 | | || of | | || 28-9-1959 | | || dongri ou can-1 | | || cuta | | || ditto' | | || 14,300 | | || colomba | | || 556 | | || monbhar | sinai quirto- | sem denomina- || nim, | of | margao || satari | -' | , || 2g~~1~~, | | || sanguem: | | || molauli | | || e agolte | | || a5 | 557 | || xarachandra | lanardana | bomacanto || zarapoar, | of | mapusa || deuguimol | | || 1"· | ,' | || ", | | || ",, | | || quepem | | || 74 | | || of | | || 28-9-1959 | | || 11,900 | | || caurem | | || iron | | || 55s | | || lidia belinda simoes, | | || of | | || gqa | | || deva baga e | | || te-r | | || adjts | | || r· | | || ditto | guleii | || ) | | || ' | | || satarit | | || 760f7·io-j959 | | || ~j | | || i | 000 | || , | | || , | | || ~o | | || 559 | | || rauji | raia | quirtonim, || of | | || 008 | | || simeacha mola- | | || ,vorildongor | | || dc, | | || 77 | | || of | | || 13-10-j959 | | || 13,600 | | || 560 | | || lidia belinda simoes, | musfodavoril | fe/man, || of | | || goa | | || mordi e ter adjts | | || 561 | | || firm | scsa | goa || 15 | | || ofooa | | || casulem casulea- | | || pitto | | || sancordem | | s1uiguem' || 78 | | || of | | || 13-10-1959 | | || ncho | condo | etc || 9,300 | | || xejopa | | || satari | | || 79of | 7-10-]959 | , || '< | | || 562 | | || firm | | || sesa | goa ltd, | || of | | || goa | | || vagacho | dongor | iron || marseanglacho | | || etc | | || ditto | | || pirla | | || ,que-pern | | || so | | || of | | || 16-11-1959 | | || j4,200 ' ; | | || 563 | | || ]aising maganla], | | || careamol | | || o | | || panaji | | || piliem | | || sanguern | | || 81 | | || of | | || 16-11-1959 | | || 10400 | | || fe, | | || mang~ | | || 564 | | || naracinva purshottam coladongor | | || suquercar, | | || of | margao | || -----,----- | | |-------_ sl name" qeees-deno~ naturo ~ nu {am~t jma sion midet, "hi, otthomiae ··l4aioef{dtio «in rill ) residence village falun ------------- 1 2 3 ~ , 6 7 s _----------_ 565 loyimoaa porobo' dorooucam-iron cuncoliem ponda 82 ofjo11-1959 uii2go 5 ooncar, ritvargao pretnpeda 566 yaasudeva madeva afrunem e mang porieme satari 83 of 14-12-1959 12,100 ~,ofv"'co v andimal-xeucar moriem da~ a 567 kritna vomona vissanvarshi fe/mang cuxirem -do-84 of 14121959 6,700 10 kllti,of dhat etc ooa 561 loximona concar, pimplamala fron dabal sanguem 8' of 14-12-1959 6,300 of mitt, chmeterichem advona datrem 15 s69 n ·madeva stma codil ditto 8ircodem ditto ~di;&·}-1'960 meoo neucar of calem ralm etc de calem ,·slo s k_lkltcia ltd, mmas-de sida ditto -salauli ditto s" j911·1960 n~ of marsao ~o 571 sesa ooa ltd, of ooa nagonem borod ditto colem ditto 6 of 29-1-1960 9,600 '''2 sesa·q08 ltd, 'bag' moitem de oitto advolpate ~jcholim '7 ofs~2-1960 f4;300 of goa palvel e assotiora 'bardes 573 loxidloda crisna sent denomina-f~/mani codar ponda :18 of 5-2-1960 l4joo sau'ftto 6f ponda caoespecial 57~ sociedade timblo cormolcantem iron c)lem saoguem 10 of 22~-1960 lo,700 !l5 irntilos' ltd, of margao sigao 575 rodolfo gomes, of labala ou fe/mang dabal e 12 of 22-2-11)60 10,400 marlao dabala nicancal ponda s76 ananta pol polondic,lr sdn denominacao iron sircodem sanpem 11 of 222·1960 7,300 so of mar,ao especial de calem 577 romeo lamartinho piliem e ditto dar ha-r(dot it ditto ' 13 of 22-2-1960 11,400 oomes, of margao ocambo $18 firm damodar man· hoddo codem ditto corlllonem 'diu 1 s of 29-4-1mo 14,300 plji cia ltd, of ooa bindisodo calem 579 vs dempo &: cia oorbaim oola-ditto navelia bioh&jim 17 of 29-4-1960 101110 35 ltd, orooa cho tembe e suria s j(antijal& cia ltd, madatembo e ditto bati sanauom 20 of 17-6-1%0 13,300 or mar,ao tolietembo 1 bsvollta oovinda x cord$bo voli, pel revora bardez 22'of 17+1960 ),ioo 4' ycnsllc3r, de colero ti~t~clti gali 'mans -----"---~ --'--------, ----~ ! "b i ~- ~' ---------__--si name of the conces-denomination nature situation number and amount no 'lion holder and his of the mine date of title llft'ri) residence village taluka ------- 2 3 4 5 6 7 8 "'----'--------- --------_-' ---- 582 raguvir p pi:surlekar bindichi gc'il iron vagalem satari 23 cf ]7-6-1960 11,600 5 of mapuo;a s~ -shaadla i 'ku haldas & tancamo lavcilo ditto auirlapalc sanpcm ~ ~f '·11:6l~ 4, 'brothels ,ltd cf ~oddo marg&o 584 rauji raja sinai quir- cunneatulea fel nertolim ditto 25 (f 20-6-1960 9,500 10 tonim of goa xentatulo mallg 585 damc-dar mangalji & teramola c tron codji ditto 26 (f 22-8·1960 ·14,300 cia vd, of goa bandora tembo 586 shantilal kush'lldas & goinchem fei ,mtrpn1 ditto ·t t'>1 ~t':l9m 4,700 bros ltd, of margao molan cassal madg 15 gali 587 xembu govinda sinai pelembata e iron orgao e powia ! m je·~fit 6«10 cuvelcar of goa outros tiurem 588 panduronga n san-sircodem culna ditto 'strccdfm snrgutm '4 '6r 14:'8~r9'6l 8,100 vordencar, of sanvor-120 demo 589 ottngadhar narshtgdas borchem i mardi ·;fle,! ' maina j~ -'6 ''m ~llw:l 14~300 agrawal, of margao mlmg 590 cosme simeao moraes, satiasmolic [ron maina e ditto 7 of 30008·1-961 '1'3',900 cuncolim dongrl colombo sanguem 125 591 bhaskar hari daivi madachem -do-pale bicholin 8 of 30-8-1961 9,300 pale bala tc _ -- -----,--------_ - -- the second schedule [see sections 4 (2), 6, 7 and 9 (1)details of mining concessions abolished and declared as mining leases on and from a datb subsequent 10 1he apponted day ----- - - ---- ---------sl name of the conces-'tao sion holder and his residence date of amount abolition, (in rs) and do-denomination of the mine nature situation number and --------;--- date of titlt village ta1uka claration as mining lease 0 6 7 8 9 _-__---------1 2 3 4 5 \~:- -------- -------__---1 georgina filodltna de predico oileieal fe/ colem sanguem 2 of 1l-7-1963 12-7-]963 11,200 <>~\ ,~ fipiredo, of loutul- do 'estado e ou· mang im tros quepem 3 of 11-7-]963 ]2-7-1963 il,2001 iron 2 vassudeva guiri bali ':;;)~1a' qucnilll," of goa culnasoddo e outros " sanguem 4 of ] 1-7-]963 12-7-1963 8,200 curdi fe! mang 3 firma mineria nacinol vagmolo pc-lt4,, qf margao risodo " -,' 4 firma mineria nacinal namosmodi ditto ditto ditto 5 of 11-7-1963 ]2-7-1963 9,500 ltd, of margao 15 colupanhia mineria morga foneul ditto vichund-ditto progressol~irnitada, of ou chicolmolo rem 6 of 1o-~-1963 11-8-1963 1l6ol1 sanguem , ~ , ' -'" after goa, daman and diu became part of india, the provisions of the mines and minerals (regulation and development) act, 1957 (1957 act) except section 16 were extended to that union territory with effect from 1-10--1963 and section 16 was extended with effect from 15-1-1966 the controller of mining leases in exercise of the powers conferred on him under section 16 of the act, proceeded with the modification of the mining concessions granted under the earlier portuguese mining laws of 1906 so as to bring them in conformity with the provisions of the 1957 act the concession holders challenged the proceedings of the controller on the ground that the concessions held by them were not 'existing mining leases' within the meaning of the provisions of the 1957 act the bombay high court in its judgment dated 29--9-19&3 held that the concessions were not mining leases within the meaning of 1957 act as a result of this judgnlent, the controller of mining leases could not take further action to modify the concessions the high court in another case held that no royalty could be charged on the minerals extracted by the concession holders, as such mining concessions are not mining leases 2 the above two decisions have resulted in a situation in which all the existing mining concessions in goa, daman and diu are not subject to the provisions of any law the portuguese mining laws had been repealed on the commencement of the 1957 act and the aforesaid decisions have declared that these concessions are not mining leases under the 1957 act it is, therefore, necessary to bring all these mining concessions under the provisions of the 1957 act for the purpose of regulation of these mines and for the development, of minerals under the control of union the bill, tnerefore, seeks to provide for the following, among other matters, namely:-(1) abolition of 'such of the mining concessions grantled prior to the merger of goa, daman and diu from the date of merger, on, 20th december, 1961 and such of 'those mining concessions granted after the merger from the date next after the dates of such grant, and declaring all such concessions as mining leases under the 1957 act, which shall be in operation as such, from the dates of such declaration to a period of six months from the date of assent by the president of this legislation; (2) a right of renewal of the lease under the provisions of the 1957 act and the rules thereunder after the expiry of the period of lease, ie, a period of six months from the date of assent by the president of this legislation; (3) payment of amounts for the abolition of the mining concession :md declaring them as mining leases and for the appointment, of a commissioner of payments to disburse such amounts; (4) !l validation provision declaring that royalties or dead rent payable for a mining lease under the 1957 act shall be payable by the mining concession holders from the date on which their concessions were declared as mining leases and to provide that any amount paid by sach cqilceaaiojl bold-ersshall not be refundable to them on the ground that the mining concessions are not mirting leases !: twe bfll seeks to achieve- the above' objects; v asant sathe hht;om: r1fe'l3!l', a",, 198'f l'htsldent's recommendation under article 117 of the constitution of inola[~oloty of le1iter no 1 (a)~&7-m vi c;lated the 13th april, 1987 from s~t 'vasatlt sethe, l4inwerl otenerq sl1d stul and millies to the secretllf~etle!aj, ~ s;lb~] the president having been informed of the subject matter of the bill, the goa, daman and diu mining concessions (abolition and declaration ai, miiiillb i tl am 19&!l, i'bndm" tb · iau- uatum, 011: thtt- bill in loll! sabba; under· diu 0,) fa ani,", 11~: add i{ c:qiliid"atiqll under t'" (') cijariidik·1u ofltbe·csditituuml clause 6 of the bill provides for payment of an amount of rs 61,94,000 to the concession holders or the abolition of the concessions held by them and for declaring them as mining leases under the mines and minerals (regulation and development) act, 1957 clause 7 provides for the payment of simple interest at the rate of 4 per cent per annum to the concession holders in respect of the amounts payable under clause 6 for the period commencing from the date of assent by the president of the proposed legislation and ending on the date on which the payment of the amounts is made by the central government to 'commissioner of payments it is estimated that this amount will be of the order of rs 21,000 per mensem clause 8 of the bill provides for the appointment of a commissioner of payments by the central government for the purpose of disbursing the above amounts payable to the concession holders this clau;;e also provides for appointment of such other persons as it deems fit to assist the commissioner in the exercise of his powers under the bill under sub-clause (4) of this clause, the salaries and allowances of the commissioner of payments and other persons appointed to assist him will be of the order of rs 15,000 per mensem and will be defrayed from the consolirirted fund of india the bill, if enacted, is not likely to involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 20 of the bill empowers the central government, jio make rilles to carry out the purposes of the bill when enacted 2 the delegation of legislative power is normal in character a billto provide for the abolition of the mining concessions in operation in the union territory of goa, daman and diu and specified in the first and second schedules, a;}d for the declaration of such mining concessions as mining leases under the mines and minerals (regulation and development) act, 1957, with a view to the regulation of the mines to which such concessions relate and for the development of minerals under \be control of the union and for matters connecte~l therewith or incidental thereto (shri vasant sathe, minister of energy and steel and mines)

Parliament_bills

cb9d227e-835c-590f-b5e8-91a0a3f407a8

bill no lviii of 2006 the constitution (amendment) bill, 2006 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2006short title and commencement(2) it shall come into force with immediate effect52 in article 145 of the constitution,—amendment of article 145(i) in clause (1), after sub-clause (a), the following sub-clauses shall be inserted,namely:—"(aa) rules as to the fixation of time limit for oral arguments in various categories of cases coming before it for oral arguments keeping in view the nature and facts of the cases;""(aaa) rules providing for written arguments to supplement the oral arguments, as and when desired, in various categories of cases coming before it for oral arguments keeping in view the nature and facts of the cases'' (ii) after clause (1), the following clause shall be inserted, namely:—5"(1a) the time-limit fixed by the supreme court by rules for oral arguments shall not be extended except in exceptional circumstance for reasons to be recorded in writing by the chief justice of india"3 in article 227 of the constitution,—amendment of article 22710(i) in clause (2), after sub-clause (b), the following clauses shall be inserted, namely:—"(bb) fix the time limit for oral arguments in various categories of cases coming before it and in various tribunals/district courts under its jurisdiction for oral arguments keeping in view the nature and facts of the cases;"15"(bbb) permit written arguments to supplement the oral arguments in various categories of cases coming before it and in various tribunals/district courts under its jurisdiction for oral arguments keeping in view the nature and facts of the cases as and when desired"(ii) after clause (2), the following clause shall be inserted, namely:—20"(2a) the time-limit fixed by the high court for oral arguments shall not be extended except in exceptional circumstance for reasons to be recorded in writing by the chief justice of high court" statement of objects and reasonsthere is a popular saying in our country that "god please save us from the affairs of court, hospital and police'' why the people are afraid of with the affairs of the courts when the judiciary of our country is recognized and respected throughout the world for its independence and effectiveness? no other judicial system in the world is as independent as is ours along with this well respected judiciary, there are a few facts which needs to be looked at, ie, around forty thousand cases are pending in the supreme court, more than forty lakh cases are pending in twenty-one high courts and over 25 crore cases are pending in subordinate courts although there are many reasons of this pendency but one of the foremost reasons is the unlimited and unending oral arguments in the courts no doubt, the oral arguments are important aspect of legal system the world over but in our country, it has assumed alarming proportions many a time, these arguments are irrelevant and unnecessary generally, the tool of oral arguments is used to buy time or rather waste the time of the otherwise overburdened courts lawyers go on quoting various judgments during oral arguments that may not be relevant to the given case, which ultimately leads to the harassment of the other party in view of the prolong hearing at times, the judges can object to lengthy and irrelevant oral arguments but generally judges do not object to such arguments due to lack of time limit for a particular casethere has to be a time limit on oral arguments in each case which can be fixed by the courts depending upon the nature and facts of the case in many countries, there are provisions for limiting the oral arguments in court casesthe importance of the issue was considered in our draft constitution, and a provision was proposed for time limit on oral arguments, but somehow that didn't find its place in the constitution the need to curtail the argument time has been expressed time and again if a time limit is fixed by courts it will save a lot of time of courts and will provide an expeditious and inexpensive justice to the people at largethe bill seeks to achieve the above objectiveskalraj mishra————abillfurther to amend the constitution of india————(shri kalraj mishra, mp)mgipmrnd—2586rs(s4)—25-08-2006

Parliament_bills

c43939fa-df48-5da5-9d59-98732592e006

bill no 9 of 2015 the food safety and standards (amendment) bill, 2015 byshri cr patil, mp a billfurther to amend the food safety and standards act, 2006be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the food safety and standards (amendment) act, 201534 of 20062 after section 56 of the food safety and standards act, 2006, the following new section shall be inserted, namely:—5insertion of new section 56a"56a notwithstanding anything in this chapter, any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes milk or milk products which is adulterated and unsafe or injurious to health shall be punished with imprisonment for life"penalty for selling adulterated milk or milk products statement of objects and reasonsin the recent years, cases of adulteration of milk are rampant in the country the demand for milk and its products increases manifold particularly during festival season in order to earn quick money some people resort to all sorts of adulteration of milk and its products however, the penalty of a maximum of rupees five lakh provided under the food safety and standards act, 2006 for manufacturing, selling or distributing adulterated milk or its products does not commensurate with the seriousness of the offence therefore, this penalty of rupees five lakh does not act as deterrent the adulterators put the life of so many people at risk even the supreme court has observed that adulterators of milk should be given a stringent and exemplary punishmentthe bill, therefore, seeks to amend the food safety and standards act, 2006 with a view to provide stringent punishment for manufacturing, distributing or selling of adulterated milk and its products in order to put a check on the increasing cases of adulteration of milk and its products in the countryhence this billnew delhi;cr patildecember 12, 2014———— a billfurther to amend the food safety and standards act, 2006————(shri cr patil, mp)gmgipmrnd—4164ls(s3)—09-02-2015

Parliament_bills

a3d90b66-2d18-5633-86cd-74bd46e8c358

bill no lii of 2008 the employment bill, 2008 a billto provide employment or for means and resources for self-employment to atleast one adult member of every family and matters connected therewithbe it enacted by parliament in the fifty-nineth year of the republic of india as follows:—1 (1) this act may be called the employment act, 2008short title and extent(2) it extends to the whole of indiadefinition52 in this act unless the context otherwise requires, "family" includes wife, husband and minor children3 it shall be the duty of the central government to provide employment to atleast one adult member of every familycentral government to provide employment4 every person who has been provided with a job under section 3 shall not involve himself in any activity other than his employment for financial or other gainsno person to be involved in any activity other than employment5 the central government shall evolve a process ensuring periodical promotions to all its employees on the basis of tests and their performancepromotion on basis of performancejob to dependents6 the central government shall provide employment to the dependent of anemployee, who had been provided with a job under section 3, after his retirement from service5resources for self-employment7 the central government shall provide credit, subsidy and all other facilities orresources for self-employment to a family, where it is not possible to provide employment to atleast one member of that familypower to make rules8 the central government may, by notification, make rules for carrying out thepurposes of this act statement of objects and reasonsin india, poverty is one of the biggest problems even after fifty-nine years of independence, we have not been able to contain the poverty although our country has progressed in many fields, yet it has failed to improve the standard of living of the people there may be many reasons for povertyit has been observed that income of a small family as compared to its income in the year 1965 has not improved there are a large number of families where there is not even a single earning member and most of them earn their livelihood by working as labourers, domestic servants, bonded labours, etc majority of population lives below poverty line our country being a welfare state should take necessary steps to improve the lot of the people and formulate schemes and plans to eradicate poverty from the countrywith this in view, it is proposed to make a positive step towards eradicating povertyit is proposed that at least one adult member of every family should be provided with employment and where it is not possible to provide employment, the government should encourage those who desire to set up their own business and improve their capability of increasing production, like weavers, shoe makers etc so that they become self-sufficient and the family should be given all necessary facilities for decent and reasonable livingthe bill seeks to achieve the above objectivest subbarami reddy financial memorandumclause 3 of the bill provides that the central government shall provide employment to one adult member of every family clause 7 provides that the central government shall provide credit, subsidy and all other facilities or resources for self-employment to a family where it is not possible to provide employment the bill, if enacted, would involve expenditure from the consolidated fund of india in implementing the provisions of the bill it is likely to involve an annual recurring expenditure of about rupees one thousand crore from the consolidated fund of indiaa non-recurring expenditure to the tune of one hundred crore is 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 this bill since the rules will relate to matters of details only, the delegation of legislative power is of a normal character———— a billto provide employment or for means and resources for self-employment to atleast one adult member of every family and matters connected therewith————(dr t subbarami reddy, mp)gmgipmrnd—2538rs(s5)—03072009

Parliament_bills

d06c7f80-97b2-5ac8-b6c1-10d77a01888b

bill no 314 of 2015 the constitution (amendment) bill, 2015 byshri nishikant dubey, mp a billfurther to amend the constitution of indiabe 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 (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, appoint52 for article 130 of the constitution, the following article shall be substituted, namely:—substitution of new article for article 130"130 the supreme court shall sit in delhi and ranchi or in such other placeor places, as the chief justice of india may, with the approval of the president, from time to time, appoint" statement of objects and reasonsthe appellants are already burdened and are further shunned to face the ordeal of having to travel thousands of kilometers to the seat of the supreme court in new delhi for their trial and the consequent follow up of their casesmoreover, the number of pending court cases in the country has crossed three crore mark figures on the chronic backlog of court cases are in indictment of the country's beleaguered legal system the plight of persons awaiting trial needs to be understood and addressed it is not the wastage of time, but also an increased financial burden that makes the process inconvenient, cumbersome and expensivearticle 130 of the constitution envisages that the supreme court shall sit in delhi or in such other place or places as the chief justice of india may with the approval of the president from time to time appointthe language of the article clearly indicates that there was an intention of the founding fathers of the constitution to have more than one seat of the supreme courthence, the bill seeks to establish a permanent bench of the supreme court in ranchi in jharkhand strategic location for a permanent bench as it is easily accessible for litigants this will provide for a robust mechanism to not only manage pendency of court cases but simultaneously make the justice available at low cost and in an efficient manner to the publichence this billnew delhi;nishikant dubeynovember 13, 2015 financial memorandumclause 2 of the bill seeks to amend article 130 of the constitution to establish a permanent bench of the supreme court in ranchi, jharkhandthis bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees ten crore would be involved annuallya non-recurring expenditure to the tune of rupees fifty crore is also likely to be involved annexureextract from the constitution of india 130 the supreme court shall sit in delhi or in such other place or places, as the chief justice of india may, with the approval of the president, from time to time, appointseat of the supreme court lok sabha———— a billfurther to amend the constitution of india————(shri nishikant dubey, mp)gmgipmrnd—2819ls(s-3)—08122015

Parliament_bills

8ec136b8-5678-5d12-92c6-68ac1d5895e9

bill no xix of 2011 the constitution (amendment) bill, 2011 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2011short title, and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 after article 80 of the constitution, the following article shall be inserted, namely:—insertion of new article 80a"80a notwithstanding anything in this constitution, seats shall be reserved in the council of states for the scheduled castes and the scheduled tribes in such proportion and in such manner as parliament may by law determine"103 after article 171 of the constitution, the following article shall be inserted, namely:—"171a notwithstanding anything in this constitution, seats shall be reserved in the legislative council of states for the scheduled castes and the scheduled tribes in such proportion and in such manner as parliament may by law determine"reservation of seats for the scheduled castes and scheduled tribes in the council of statesinsertion of new article 171a reservation of seats for the scheduled castes and scheduled tribes in the legislative council of states statement of objects and reasonsour nation though is the best example of unity in diversity in the world but majority of its vast population belongs to the oppressed and exploited lot for centuries altogether in the name of caste and creed and their sufferings are not yet over due to tireless efforts of babasaheb dr ambedkar the founding fathers of our constitution provided for reservation for the scheduled castes and scheduled tribes in the constitution for their upliftment, progress and make them equal in the society hence, reservation has been made in the public employment, educational institutions, lok sabha, legislative assemblies of the states, local self governments including municipalities, zila parishads, panchayats and other governmental bodies and institutions, etc for the scheduled castes and scheduled tribes but, it is unfortunate that the reservation has not been extended to rajya sabha and legislative councils in the states wherever they are in existence this is against the principle of social justice hence, it is necessary that seats should also be reserved for the scheduled castes and scheduled tribes in the rajya sabha as well as legislative councils in the state legislatureshence, this billdr akhilesh das gupta———— a billfurther to amend the constitution of india————(dr akhilesh das gupta, mp)gmgipmrnd—960rs(s3)—05-08-2011

Parliament_bills

b48d0f85-ec44-5076-8a5e-b4cb5491a39f

am mo 74 of ,966 'fi1lr companies (amendment) bill, 1966 a billfurther to amend the coirpiinies act, 1956 db 'if @ilided by parliainent in the seventeenth year of the :republlc ()f ihdia as follows:-5 1 'this act may be called the companies (amendment) act, 1966 short title 2 in section 108 of the companies act, 1956,-,amend-(1) for suo-sections (la), (lb) and (ie), the following ment sub-sections shall be, and shall be deemed to have been, substitu- of secftthion 1080· e ted on the 1st day of april, 1966, namely:-companies (la) every instrument of transfer of shares shall be act, 1956 in such form as may be prescribed, and-10 (ll) every such fonn shall, before it is figned hy or on behalf of the transferor and before any entry is made therein, be ptegented to the pre!eribed authority, being - persott ah'ady in the service of the government; who shall stamp or otherwise endorse thereon the date on which it is so presented, and (b) every instrument of transfer in the prescribed form with the date of such presentation stamp~d or otherwise endorsed thereon shall, after it is executed 5 by or on hehalf of the transferor and the transferee and completed in all other respects, be delivered to the company,-(i) in the case of shares dealt in or quoted on a recognised stock exchange, at any time before the 10 date on which the register of members is closed, in accordance with law, f()r the first time after the date of the presentation of the p~cribed form to the prescribed authority under clause (0) or within two months from the date of such presentation, which- 15 ever is later; (ii) in any other case, within two months from the date of such presentation (1b) notwithstanding anything contained in sub-;' section, (ia), an instrumf!nt of transfer of shares, executed 20 ,,~ 'before' the commencement of section 13 of the companies (anieddni~,j~'~( 'j96i;~~ ur e~eeuted after su~h~tommence­ment in a form other ,athan the prescribed form, shall be accepted by a com~:yr;:-- ij ; , " ,(~), ~, ~~ ,cr~ ~f ,s~~~s ,~~t,,~,~or quoted on a 25 ,l, 'recogliiseri"ktdck exchange; "m: 'any'" titti~ not later than the, expiry' of fdx, ~o~als from sucb'cq~eucment or the date on which the i~gilftm':pf' jm~~!,' uj r"'ed, in , acc,~r~~ce ~i~ la:w, for, tj:ae first ,~~~ ,~,er: such:'" commencement, whichever is later; " 30 -1 , i ,', ','", ' ," fi!u4i cb), in any other' case, 'at' any tilde not later than 11 the expiry of'six months from bucll' cojdjherieement ,;i (le), n~~':,c~ect)~' ,u~edi~(la)~;~d (lb) ,~ shall apply t~' _' ", i 1 " ~ (a~ra~:b~ar~ :' " 3s i' (i) 'which is )leld ,by: ,8 cqfjlpany in any other , ,body 'c~rporate ,in ~the:,um~ ~ ,a,~ector or nominee , in pui:$u~e ef ~,~~~on' (2) '- qr' as the case may '\ ,be, sub sedi,on, -(3) i ~\~o~ ,49"01;' (ii) which is held by a corporation, o\w"ned or :-control1ed' by the central govenmient or - state goveniment, in any other body corporate in ttw name , ofa director or nominee, or (iii) in respect of which a declaratioh has been made to "the, public trustee under section l~ 11-10 is (1) 'the' company or corporation, as the c~ule may be, stamps or otherwise endorses, on the form of transfer in, respect of such share, the date oft which it decidef5 ,that such ,share shd,l'ilgt be held in the name of ,tlu! ,ssi~ director or n~ or, as the case may be, in the case of any share ~'respect of which any such~' declaration lias, been made to tht public trustee, the pubiic trustee stampjl} or otherwtle end9,ses ,on the form of transfer in respect of such ~are under his seal, the date on which the form is p,r~sented 'to him, and " : '(2): the instrument of transfer in such form, duly completed in all respects, is 'delivered to the--20 (a) body corporate in whpse share such company or corporation has mde invlltment in the name of its director~~~ee, or " "~"" ' " ":' , ', :" (b) company inwhicb'eaeh:~ 11 held in :1 • 'j:' ~ trust,: \, - ~'t:,) ' '" -, • :: j (' ~ 1 { ,,~ r : • r· ' -, " ,- , _ " within i:wo, months of the date so' stuipect' or other-, : vnse endoised; or ,,' , ' i ' -,(b) ~y sh~re deposited by any ~rson with-(i) the state bank of india, or (ii) any scheduled bank, or 30 (iii) any bailking company (other than - scheduled bank) or financial institution approved by the central government by notiftcationiil' the official 35 g~ett~ (and any, such approval may be a~corded so as't6 '~e retrqspective to any date not earur than the 1st day of april, 1966), or (iv) the central goverrunent or a state government ow any c~ticbl owjled or cobu"olled by the central government or a s~~ government, by way of security for the repayment of oy loan or advance to, or for the performance of any obligation under- 5 taken by, such person, if-(1) the bank, institution, government or corporation, as the case may be, stamps or otherwise endorses on the form of transfer of such share-(g) u1e date od wlrldl sud! share is return- 10 ad by, •• to the depo6i\or, or "(b); ib the case 01 fauuj9 od the part of the depoltto'r'tt) ftpay the loan or' aclvace or to perform the obligation, ~ date on which such share is released fol' sale by ~h buk, institution, 15 gov8l'llment or corporation, as the 'case may be, or (c) where the bank, institution, government or corporation, as the case may be, intends to get such share registered in its own name, the 20 date on which the instrum~t of transfer relating wauch share is ex~~ted by tt; ~4f (2) the instrument of transfer in such form, duly completed in all respects, is delivered to the company within two months froid the date so stamped 2s 8p'lddened ~-where _7 mvaatment by a company or a corporation in the name of ita tlflector or nominee referred to in clj~ (a) (i) or clause (a) (ii), or any declaration referred to in clause (a) (iii) i or any deposit 30 referred to in clause (b), of this sub-section is made after the expiry of the period or date menti9ned in clause (a) of sub-iection (1b) or after, the expiry of the period mentioned in clause (b) of that sub-section, as the case may be, the form of transfer, in respect of the share 35 which is the lubjec:t of such invtlltmedt, declaration or deposit, means the prescribed form; (c) any'share which is held in any company by the central government or a state governmeqt in the name of its nominee, except that every instrument of transfer 40 which is executed on or aft~ the 1st day of october, 196~ in respect of any such share shad be in the prescribed form"; (ii) in sub-section (1 d) , (i) after the words, brackets figure and letter "or subsection (ib) ", the words ,brackets figure and letter "or sub-section (ie) "; and l~5 (j:') after the wq~ ·'aa it may deem fit" the words "whether web applieation ij made before or after the e-l'piry of the peiioda afofesql"; shall be and shall be deemedto have been, inserted on the 1st day qf april; 1968 ! "10 3 notwithstanding any jqcilm,~t decree ar ardelr of any court validaor trlbuual to the ~~, ar a~ythb1g contained in any law for tim the time being in force no q:rd~ ~ regulation or appouitment made, c:lireetion liven or thing dofte; by the chairman or any other member of the company law board, acting individually 'before the , or 1965 t ·1 i s commencement of the companies (amendment) act, 1965 shall be deemed to be invalid, or ever to have become invalid, 'by reason only of the fact that such chairman or other member acting individually, had no power to m~ke such order, rule regulation or appointment or give such direction or do such thing and every such 20 order, rule, regulation q1" "ppoint~~t ~ aad aver)' ~ dir~tiojl given and thiog done' ehall be d~~4 to have been made, given or done, 8s the cue may be, by til, c~pany ljw board 4 (1) the compania (anlenchnedt) ordinance, 19&6 is hereby repeal repealed ~ saving s (2) notwithstanding such repeal anything done or any action 2 taken undei- the said ordinance shall be deemed to have deed done or taken under the corresponding provision of this act, as if this art had commenced on the 21st day of september, 1988 section 108 of the companies act relating to transfer of shares and debentures was' amended by the companies (amendment) act, 1965 in pursuance of the reeommendations of the vivian bose inquiry commission the object of the amendment _ was to regulate and control the currency of b~l!l~ ~r~f~, pf shares for ijus purpose new sub-sections (la) to (ld) were inserted 'in section' 108' these new provisio~ were brought into force on the 1st of' april~ , '1968 , ~~:') ~ but 'immediately ;thei'sf_rtiuestf9ju( arose 'as to whether the~effect, ') of' th~' new provisions' ,was- only to !egulateand~coittrol the current;y 'ol'blailk' traps~~()frshares' or to 'prohibit ~thejri'l81together a:s:vi~~g, 'were'divergeflfl an "this'-'pobit, it -was thought that,' in order te; niiuntmn the! mootpi :auncti6ntng of -the stock::exchailges·': and capital '~ketit'shoultp'be1n8de clear that the object underlying the hew 'provisions was 'hot: lo' 'prohibit' blank transfers altogether but otlly to restrict tbeir cwte!dcy· by the amendments idsertedin section 108 by the amending act of 1965, some other recommendations of the vivian bose inquiry commic:-sion were also not given effect to ab stock-exchanges and capital market were, directly involvoo in 'th~ niatter;"urgehi legislative action was ,called- for; but as parliament \vas- 'not' 'iii sessioh', the situatimi was met by the promqlgation of an ordinance by the president on the 21st september, !, ~' 1966; ,i the:blll see1cfi01geprace,jh~':ordinance~>' '-; ~'- ' '! j " ":1 " ···11 ••• -•• '" - ' v 1 ;~! ~ ; ,r \: " ;: ' ~ ~ ~" ": ~ " , ! i " ~; -'n\:w delhi'" ,,' g ,so pathak : ; ; t'; "' the 27th october i 1966 the new sub-section,' proposed to be' ,substituted, for su,b-section (la) of section 108 by dall$e 2 oj the bill, provides inter alia tha t every instrument of trarist;i- of '~ates shall be in the prescribed form and shall, before it li: signed, by or on behalf of the transferor and 'before any entry is made therein, be presented to the prescribed authority for the endorsemerlt! of· tft~ date of such presentation thereon the word ''pr~~~~ ps beendejined in the companies act as prescribed by rules therefore, the form of the instrument of transfer and the adthority before whom ,it is to be presented will have to ~ presc~4f(l:qf~('tq~~;~~awrcentra1 government these are- matters of detail and '~an better be prov!ded for '," by ru1es~ the delegation of the legislative pcwer in thi' :beh~ft is ", of a normal character annexure extracts from the companies act, 1958 ,(1 or 1956) - part iv- - 108 (1) - • , n-ansfa!r of mm and de~i - • •- transfer n~ to be reais1 tered cxc:epfi on prod~ tien of" jns~;a of tra (la) every instrument of transfer of shares-(a) shall -be in the prescribed form and presented to the prescribed authority before it is signed by or on behalf of the transferor and the prescribed authority shan stamp or otherwise endorse thereon the date on which it is so presented, and (b) shall be delivered to the company,-(i) in the case of shares dealt in or quoted on a recognised stock exchange at any time before the date on which the register of members is closed in accordance with law for the first time after the date of such presentation, (m) in any other case, within two months from the date of such presentation (1b) any instrument of transfer which is not in conformity with the provisions of sub-section (la) shall not be accepted by a company-(a) in the case of shares dealt in or quoted on a recognised stock exchange, after the expiry of six months of the commencement of the companies (amendment) act, 1965 or after the date on which the register of members is closed in accordance with law for the first time after such commencement, whichever is later; (b) in any other case after the expiry of six months of such commencement -(ic) lhe provisions of sub-section (ia) shall not apply to any shares deposited by any person with-(a) the state bank of india; (b) any scheduled bank; or (c) such banking company (other than a suheduled bank) or financial institution as may be approved by thl!' c~tral govermilent by notification in the ofbcial gaiet·te,'·' by way of security for the repayment of any loan advanced to, or for the performance of any obligation undertaken by 8uch person (1d) notwithstanding~anytbing in sub-section (1a) or subsec lion (ib), where in the opinion of the central government it is necessary so to do to avo!d bardship in any cas~t tha government may on an application made to it in that behalf extend the periods mentioned in those sub-sections by such further time as it may deem fit; and the number of extensions granted hereunder and the period of each such extension shall be shown in the annual report laid before the houses of parua- ment under section 638 - - - - - a bill further tqamend the ccmpanies act, 19$6 -~~~--'~ : , ' i _ (shn° g s pathak, minister 0/ laflj)

Parliament_bills

31846fbb-e981-5e5c-aec0-34b002081a70

bill no 124 of 2010 the enemy property (amendment and validation) second bill, 2010 a billfurther to amend the enemy property act, 1968 and the public premises (eviction of unauthorised occupants) act, 1971be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the enemy property (amendment and validation) secondact, 2010'(3) the enemy property vested in the custodian shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy, continue to remain vested in the custodian till it is divested by the central government5explanation—for the purpose of this section, "enemy property vested in the custodian" shall include all titles, rights and interest in, or any benefit arising out of, such property vested in him under the act' 3 after section 5 of the principal act, the following section shall be inserted and shall be deemed to have been inserted, namely:—10insertion of new section 5aissue of certificate by custodian"5a the custodian may, after making such inquiry as he deems necessary, by an order, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under this act and issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein"15amendment of section 64 on and from the date of commencement of the principal act, in section 6, the following explanation shall be inserted and shall be deemed to have been inserted, namely:—"explanation—for the removal of doubts, it is herby declared that for the purposes of this section, the transfer of any enemy property shall not include any transfer or any claim of transfer made,—20(a) through oral will or oral gift; or (b) by concealment of enemy nationality; or (c) in case the transfer of such property requires the permission of the reserve bank of india or any other competent authority, without such permission; or(d) without the permission of the custodian"255 in section 8 of the principal act, in sub-section (2),—amendment of section 8(a) after clause (i), the following clause shall be inserted and shall be deemed to have been inserted, namely:—"(ia) fix and collect the rent, standard rent, lease rent, licence fee or usage charges, as the case may be, in respect of enemy property;";30(b) after clause (iv), the following clause shall be inserted and shall be deemed to have been inserted, namely:—"(iva) secure vacant possession of the enemy property by evicting the unauthorised or illegal occupant or trespasser and remove unauthorised or illegal constructions, if any;"356 after section 10 of the principal act, the following section shall be inserted and shall be deemed to have been inserted, namely:—insertion of new section 10a40transfer of immovable property belonging to enemy45"10a (1) where the custodian proposes to sell any enemy immovable property vested in him, as referred to in section 8, to any person, he may, on receipt of the sale proceeds of such property, issue a certificate of sale in favour of such person and such certificate of sale shall, notwithstanding the fact that the original title deeds of the property have not been handed over to the transferee, be valid and conclusive proof of ownership of such property by such person(2) notwithstanding anything contained in any law for the time being in force, the certificate of sale, referred to in sub-section (1), issued by the custodian shall be a valid instrument for the registration of the property in favour of the transferee and the registration in respect of enemy property for which such certificate of sale had been issued by the custodian, shall not be refused on the ground of lack of original title deeds in respect of such property or for any such other reason"amendment of section 117 in section 11 of the principal act, after sub-section (2), the following sub-section shall be inserted and shall be deemed to have been inserted, namely:—55 of 1908"(3) the custodian, deputy custodian or assistant custodian shall have, for the purposes of exercising powers or discharging his functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while dealing with any case under this act, in respect of the following matters, namely:—(a) requiring the discovery and inspection of documents;10(b) enforcing the attendance of any person, including any officer dealingwith land, revenue and registration matters, banking officer or officer of a company and examining him on oath;(c) compelling, the production of books, documents and other records;and(d) issuing commissions for the examination of witnesses or decuments"15amendment of section 178 in section 17 of the principal act, in sub-section (1), for the words "two per centum", at both the places where they occur, the words "five per centum" shall be substituted and shall be deemed to have been substituted9 for section 18 of the principal act, the following section shall be substituted and shall be deemed to have been substituted, namely:—substitution of new section for section 1820 25divesting of enemy property vested in custodian to owner or his legal heir in certain cases"18 the central government may, by general or special order, direct that any enemy property vested in the custodian under this act and remaining with him shall be divested from him and be returned, in such manner, as may be prescribed, to the owner thereof or, if the owner is dead, to any lawful heir of the owner in accordance with the law of succession applicable to that owner, as may be specified in the direction, and thereupon such property shall cease to vest in the custodian and shall revest in such owner or heir:30provided that any person, claiming to be the lawful heir of the owner, shall obtain a succession certificate or a declaration to the effect that he is the lawful heir of the owner from a court of competent jurisdiction in a civil proceeding instituted for that purpose and the central government shall ordinarily accept such certificate or declaration, as the case may be" 10 on and from the date of commencement of the principal act, after section 18, the following section shall be inserted and shall be deemed to have been inserted, namely:—insertion of new section 18aincome not liable to be returned35"18a any income received in respect of the enemy property by the custodian shall not, notwithstanding that such property had been divested or transferred to any other person, be returned or liable to be returned to such person or any other person unless so directed by order, by the central government" 11 after section 18a of the principal act, [as so insertred by section 10], the following sections shall be inserted and shall be deemed to have been inserted, namely:—insertion of new sections 18b and 18c40bar of jurisdiction of courts in matters of divesting"18b no court shall have jurisdiction to order divestment from the custodian of enemy property vested in him under this act or direct the central government to divest such property from the custodianexpalantion—for the removal of doubts, it is hereby declared that the courts shall have jurisdiction to adjudicate whether the property claimed to be vested in the custodian is an enemy property or not18c the central government may, by general or special order, direct that any or all enemy property vested in the custodian under this act shall be sold or disposed of in such manner as may be prescribed"disposal of enemy property vested in custodian by central governmentamendment of section 20512 on and from the date on which the enemy property (amendment and validation)second bill, 2010 receives the assent of the president, in section 20 of the principal act, in sub-section (3), for the words "five hundred rupees", the words "ten thousand rupees" shall be substitutedamendment of section 2313 in section 23 of the principal act, in sub-section (2), after clause (d), the following clause shall be inserted and shall be deemed to have been inserted, namely:—10"(da) the manner of sale or disposal of the enemy property vested in the custodian under section 18c;" 14 after section 25 of the principal act, the following section shall be inserted and shall be deemed to have been inserted, namely:—insertion of new section 26validation"26 (1) notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,—15(a) the provisions of this act, as amended by the enemy property(amendment and validation) second act, 2010, shall have and shall be deemed always to have effect for all purposes as if the provisions of this act, as amended by the said act had been in force at all material times;20 25(b) any enemy property divested from the custodian to any person under the provisions of this act, as it stood immediately before the commencement of the enemy property (amendment and validation) second act, 2010 shall stand transferred to and vest or continue to vest, free from all encumbrances, in the custodian in the same manner as it was vested in the custodian before such divesting of enemy property under the provisions of this act, as if the provisions of this act, as amended by the aforesaid act, were in force at all material times:30provided that if the central government had, before the commencement of the enemy property (amendment and validation) second act, 2010, made any order under section 18, as it stood before such commencement, and the property had been returned to the owner or such other person, such property shall, notwithstanding anything contained in this clause, continue to vest in the owner or such other person, as the case may be:35provided further that if any enemy property had been otherwise divested from the custodian (by an order of a court or without any direction under section 18) and returned to the owner or his lawful heir before the commencement of the enemy property (amendment and validation) second act, 2010,—40(i) in a case where the owner or the lawful heir, as the case may be, is a citizen of india by birth, such property shall, notwithstanding anything contained in this clause, continue to vest in such owner or the lawful heir, if the owner or the lawful heir, as the case may be, furnishes, within six months from the day on which the enemy property (amendment and validation) second bill, 2010 receives the assent of the president, evidence to the satisfaction of the central government that he is a citizen of india by birth and, in the case of lawful heir, he is the lawful heir of the owner in accordance with the law of succession applicable to the owner; or45(ii) in any other case, if the central government is satisfied, after causing to be held such inquiry as it deems fit, that the property had been returned to the owner or his lawful heir, it shall, notwithstanding anything contained in this clause, issue a direction under section 18 to the effect that such property shall revest in the owner or his lawful heir, as the case may be;510(c) no suit or other proceedings shall, without prejudice to thegenerality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority directing divestment of enemy property from the custodian vested in him under section 5 of this act, as it stood before the commencement of the enemy property (amendment and validation) second act, 2010, and such enemy property shall continue to vest in the custodian under section 5 of this act, as amended by the aforesaid act, as if the said section, as amended by the aforesaid act was always in force at all material time;15 20(d) any transfer of any enemy property, vested in the custodian, byvirtue of any order of attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other authority in respect of enemy property vested in the custodian which is contrary to the provisions of this act, as amended by the enemy property (amendment and validation) second act, 2010, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the custodian under this act25(2) nothing contained in this act shall affect any claim made by any person before any court or other authority against the owner or his lawful heir to whom the property was or may be returned under this act and such claim shall be decided in accordance with law by the court or other authority, as the case may be" 15 in the public premises (eviction of unauthorised occupants) act, 1971,—amendment of sections 2 and 3 of act 40 of 1971(a) in section 2, in clause (e), after sub-clause (3), the following sub-clause shall be inserted and shall be deemed to have been inserted, namely:—3034 of 1968"(4) any premises of the enemy property as defined in clause (c) of section2 of the enemy property act, 1968"; (b) in section 3, in clause (a),—(i) in the second proviso, the word "and" shall be omitted and shall be deemed to have been omitted;35(ii) after the second proviso, the following proviso shall be inserted and shall be deemed to have been inserted, namely:—34 of 196840"provided also that the custodian, deputy custodian and assistant custodian of the enemy property appointed under section 3 of the enemy property act, 1968 shall be deemed to have been appointed as the estate officer in respect of those enemy property, being the public premises, referred to in sub-clause (4) of clause (e) of section 2 of this act for which they had been appointed as the custodian, deputy custodian and assistant custodian under section 3 of the enemy property act, 1968"45ord 4 of 2010power of central government to make transitional provisions34 of 196816 (1) if any difficulty arises in giving effect to the provisions of this act during the period beginning on the date on which the enemy property (amendment and validation) ordinance, 2010 ceased to operate and ending immediately before the date on which the enemy property (amendment and validation) second bill, 2010 receives the assent of the president, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of the enemy property act, 1968, or4 of 1971the public premises (eviction of unauthorised occupants) act, 1971, as amended by this act, as may appear to be necessary for removing the difficulty during the said period:provided that no such order shall be made under this section after the expiry of six months from the date on which the enemy property (amendment and validation) second bill, 2010 receives the assent of the president5(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentsavingsord 4 of 20101034 of 1968 40 of 197117 notwithstanding the cessation of the operation of the enemy property(amendment and validation) ordinance, 2010, anything done or any action taken under the enemy property act, 1968, or the public premises (eviction of unauthorised occupants) act, 1971, as amended by this act, shall be deemed to have been done or taken under the corresponding provisions of those acts, as amended by this act statement of objects and reasonsthe enemy property act, 1968 was enacted on the 20th august, 1968 to, inter alia, provide for the continued vesting of enemy property vested in the custodian of enemy property for india under the defence of india rules, 1962 and for matters connected therewith2 of late, there have been a number of judgments by various courts that have adversely affected the powers of the custodian and the government of india as provided under the enemy property act, 1968 in view of such interpretation by the courts, the custodian has been finding it difficult to sustain his actions under the enemy property act, 19683 in the above circumstances, it had become necessary to amend the enemy property act, 1968, with retrospective effect to, inter alia, clarify the legislative intention accordingly, the enemy property (amendment and validation) ordinance, 2010 was promulgated on the 2nd day of july, 2010, providing—(a) that the enemy property shall continue to vest in the custodian till it is divested by the central government, even if the enemy subject or enemy firm ceases to be enemy due to death, extinction, winding up of business or change of nationality or that the legal heir or successor is a citizen of india or a citizen of a country which is not an enemy;(b) to authorise the custodian, after making such enquiry as he deems necessary, to declare that the property of the enemy or the enemy subject or the enemy firm vest in him under the aforesaid act and issue a certificate to that effect which would be evidence of the facts stated therein;(c) that the transfer of any enemy property shall not include any transfer, or any claim of transfer, made through oral will or oral gift, or, by concealment of enemy nationality, or, in case the transfer of such property requires the permission of the reserve bank of india or any other competent authority, any transfer without such permission, or, without the permission of the custodian;(d) that no court shall have jurisdiction to order divestment from the custodian of the enemy property vested in him under the aforesaid act or direct the central government to divest such property from the custodian, but the court shall have jurisdiction to adjudicate whether the property claimed to be vested in the custodian is an enemy property or not;(e) to authorise the central government to direct that any or all enemy property vested in the custodian under the aforesaid act shall be sold or disposed of in such manner as may be prescribed;(f) that any transfer or any other action taken contrary to the provisions of the aforesaid act, as amended by the proposed legislation, would be null and void 4 in order to have speedy and effective eviction of unauthorised occupants from the enemy property under the custodian, the public premises (eviction of unauthorised occupants) act, 1971 was also amended by the aforesaid ordinance so as to declare the custodian, deputy custodian and assistant custodian of enemy property appointed under the enemy property act, 1968 as ''estate officer'' in respect of the enemy properties5 further, the enemy property (amendment and validation) bill, 2010 was introduced in the lok sabha on the 2nd august, 2010 to replace the ordinance this bill was not passed by the house of the people consequently, the enemy property (amendment and validation) ordinance, 2010 lapsed on 6th september, 20106 it is proposed to withdraw, with the leave of the house, the aforesaid bill and to introduce a fresh bill titled as "the enemy property (amendment and validation) second bill, 2010'' which, inter alia, provides for the following, in addition to the provisions mentioned in paragraphs 3 and 4 above, namely:—(a) that the enemy property will be divested only to the owner or, if the owner is dead, to any lawful heir and that the claimant shall have to establish, in accordance with the law, that he is the lawful heir;(b) that any enemy property divested from the custodian to any person under the provisions of the enemy property act, 1968, as it stood immediately before 2nd july, 2010, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the custodian if, however, the enemy property had been divested from the custodian by a valid order made under section 18 prior to 2nd july, 2010 or where the property had been returned to the owner or his lawful heir by an order of a court and the government is satisfied that the property was returned to the owner or the lawful heir, such enemy property would continue to remain with such persons;(c) that nothing contained in this act shall affect the claim made by any person before any court or other authority against the owner or his lawful heir to whom the property was or may be returned under this act and such claim shall be decided in accordance with law by the court or other authority, as the case be;(d) to empower the central government to issue appropriate orders, within a period of six months from the date on which the proposed legislation receives the assent of the president, to remove any difficulty which may arise in giving effect to the provisions of the act durign the period beginning on the date on which the enemy property (amendment and validation) ordinance, 2010 ceased to operate and ending immediately before the date on which the enemy property (amendment and validation) second bill, 2010 receives the assent of the president;(e) to provide that anything done or any action taken under the enemy property act, 1968, or the public premises (eviction of unauthorised occupants) act, 1971, as amended by the proposed legislation, shall be deemed to have been done or taken under the corresponding provisions of those acts, as amended by the proposed legislation 7 the amendments will come into force from the 2nd day of july, 2010 unless otherwise provided8 the bill seeks to achieve the aforesaid objectsnew delhi;p chidambaramthe 3rd november, 2010 memorandum regarding delegated legislationclause 11 of the bill seeks to insert a new section 18c which empowers the central government to make rules relating to the manner in which the enemy property shall be sold or disposed2 the matters in respect of which rules may be made are 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 annexure extracts from the enemy property act, 1968 (34 of 1968)| ||---------------|| transfer of || property || vested in || custodian by || enemy on || enemy subject || or enemy || firm |6 where any property vested in the custodian under this act has been transferred, whether before or after the commencement of this act, by an enemy or an enemy subject or an enemy firm and where it appears to the central government that such transfer is injurious to the public interest or was made with a view to evading or defeating the vesting of the property in the custodian, then, the central government may, after giving a reasonable opportunity to the transferee to be heard in the matter, by order, declare such transfer to be void and on the making of such order, the property shall continue to vest or be deemed to vest in the custodianlevy of fees17 (1) there shall be levied by the custodian fees equal to two per centum of—(a) the amount of moneys paid to him; (b) the proceeds of the sale or transfer of any property which has been vested in him under this act; and(c) the value of the residual property, if any, at the time of its transfer to the original owner or other person specified by the central government under section 18: provided that in the case of an enemy whose property is allowed by the custodian to be managed by some person specially authorised in that behalf, there shall be levied a fee of two per centum of the gross income of the enemy or such less fee as may be specifically fixed by the central government after taking into consideration the cost of direct management incurred by that government, the cost of superior supervision and any risks that may be incurred by that government in respect of the management:provided further that the central government may, for reasons to be recorded in writing, reduce or remit the fees leviable under this sub-section in any special case or class of casesexplanation—in this sub-section "gross income of the enemy" means income derived out of the properties of the enemy vested in the custodain under this act| ||---------------|| divesting of || enemy || property || vested in the || custodian |18 the central government may, by general or special order, direct that any enemy property vested in the custodian under this act and remaining with him shall be divested from him and be returned, in such manner as may be prescribed to the owner thereof or to such other person as may be specified in the direction and thereupon such property shall cease to vest in the custodian and shall revest in such owner or other personpenalty20 (1) (3) if any person fails to comply with a requisition made by the custodian under subsection (1) or sub-section (2) of section 11, he shall be punishable with fine which may extend to five hundred rupees| | | | | ||------|------|------|------|-----| extract from the public premises (eviction of unauthorised occupants) act, 1971 (40 of 1971) 3 the central government may, by notification in the official gazette,—appointment of estate officers(a) appoint such persons, being gazetted officers of government or of the government of any union territory or officers of equivalent rank of the statutory authority, as it thinks fit, to be estate officers for the purposes of this act:provided that no officer of the secretariat of the rajya sabha shall be so appointed except after consultation with the chairman of the rajya sabha and no officer of the secretariat of the lok sabha shall be so appointed except after consultation with the speaker of the lok sabha:provided further that an officer of a statutory authority shall only be appointed as an estate officer in respect of the public premises controlled by that authority; and ————abillfurther to amend the enemy property act, 1968 and the public premises (eviction of unauthorised occupants) act, 1971————gmgipmrnd—5061ls(s3)—09112010

Parliament_bills

b94fac6b-d8bd-53c1-b08f-dc8479df68b1

tbe saiarx, alloiftsu'jce;:^ m d p s k s ld n of m e^tehs of pa r l ja meiv't (ahsndimeljt) bill, 1988( l b be/as introduced in lok ss-bha)1 page i jl i n e 13, -for "fo lo vin g rea d "fo 1 lo win g "2 page 2 , lin e 6 ,-omit " ( 1 ) ''3 page 2 , lin e 2q ,-for ^substituted'' read "inserted"2, lin e 3^,- for 'nearnest" read 'n ea rest"5 page 2, lin e s u6 and ^ 7 ,- omit 'tor a companion"iis'w deiiil;■septeirber 19s8_____bhadra "tj+7 191^ (saka) bill no 106 of 1988 the salary, allowances and pension of members of parliam ent (amendment) bill, 1988 a bill|/wrthier to amend the salary, allovmnces and pension of members of i parliament act, 1954be it enacted by parliam ent in the thirty-ninth year of the republic of india as follows—1 (1) this act may be called the salary, allowances and pension short of m em bers of parliam ent (am endment) act, 1988 title5 (2 ) it shall be deemed to have come into force on the 1st day ofapril, 1988 mentamend­ment of section 32 in section 3 of the salary, allowances and pension of members, of parliament act, 1954 (hereinafter referred to as the principal act), for the words ''one thousand rupees" and '"seventy-five rupees', the words 1 0 '^one thousand and five hundred rupees" and ""one hundred and fifty rupees" shall respectively be substituted13 in sub-section (1) of section 4 of the principal act, in clause (c), after sub-clause (ii), the folowing proviso shall be inserted, namely: —amend­ment of section 4"provided that where the spouse, if any, of a member performs 15 such journey or part thereof by road unaccompanied by such mem­ber, the road mileage prescribed under thistsub-clause shall be allow­ed to him for such journey or part thereof"4 in section 6 of thi| principal act, for the words ^first class'^ where­ver they occur, the words ''air-coinditioned two-tier'^ shall be substitutedamend­ment of section 65 in section 6a of the principal act,—amend­m ent of section 6a(a) in sub-section (1), for th e opening paragraph, th e following shall be substituted, nam ely:— ^"'(i) without prejudice to the provisions of section 6 , every member representing -the union territory of the andaman and nicobar islands or the union territory of lakshadweep shall,—(a) be provided with one free non-trarisferable pass which shall entitle him to travel at any time by the highest 1 0 class by steamer to and from any part of his constituency and any other part of his constituency or the nearest part\ in the main land of india; and - t r(b) be entitled to an amount equal to the fare by air from his usual place of residence to the nearest, airport in the 1 5 mainland of india;(b) in sub-section (6),—(i) in the opening portion, for the words ''a free steamer pass issued to a member" the words ''"the facilities provided to a member" shall be substituted; 2 0(ii) in clause (i),—(a) for the words "lowest class", the words ^tiighest class" shall be substituted;(b) for the word "and", occurring at the end, the word "or" shall be substituted; 25(hi) in clause (ii), fo>r the words '"once during every session", the words ''at any time between the island and the main land of india; and" shall be substituted;(iv) after clause (ii), the following clause shall be substituted, nam ely:— 30(hi) to an amount equal to the fare by air 1 either for the spouse, if any, of the member or fo!r one -person to accompany the member from the usual place (of residence in the island to the nearnest airport of the main land of india"6 a fter section 6a of the principal act, the following section shall be 3 5 inserted, nam ely: —special facility to mem­"6 aa (1) without prejudice^ to the provisions of section 6 , every member who has his ordinary placejof residence in the ladakh area of the state of jammu and kashmir shall be entitled to an amoimt equal to the fare( by air for each single journey by air performed by 40 him from any airport in ladakh to the airport in delhi and back at any time(2) in addition to the air travel provided to a member under sob-section (1), he shall ^iso be entitled to an amount equal to the fare by air for each singfe joorney ]by air performed by the if 4 5any, of the member or o ^ p e r ^ to i^comipa^y' ^uch niffliw , or a ccttnpanion from any ai:ea to tike 9ifpo0 in ddm m d fiidt at any time''7 in section 6b of the principal act,—(a) in clause (i), for the words "and first class''^ the words ''and aircofnditioned two-tier" shall be substituted;amend­ment of section 6b 1(b ) in clause (ii), for the words "first class", the words "air5 ^conditioned two tier" sham be substituted;(c) in clause (n i),—(i) in the opening paragraph,—(1 ) for the words "first class", the words "air-condi­tioned two-tier" shall be substituted;10 (2) for the portion beginning w ith the words "and if suchjourney" and ending w ith the words "or part thereof", the follow­ing shall be substituted, nam ely: —"and if such journey or any part thereof is perform ed by air from any place other than the usual place of residence of the ^ m em ber, or from any other place to delhi and back,to anam ount equal to the fare by air for such journey or part thereof;provided th at w here such journey or part thereof by such spouse is perform ed by air from any other place, the expen-20 diture on such journey or part thereof shall not exceed theam ount payable if the journey had been perform ed from the usual place of residence of the m em ber to delhi and back:(ii) for the proviso, the following proviso shall be substitu­ted nam ely'—25 "provided further that w here a m em ber travels by railin first class air-conditioned, and no person accompanies th at m em ber in th at journey in air-conditioned two-tier by virtue of the free air-conditioned tw o-tier railways pass refer­red to in clause (ii), then in determ ining the amount paya- 30 ble by the m em ber under clause (i) the amount of air-con­ditioned tw o-tier fare for such journey shall be adjustedagainst the difference referred to in that clause; so, how­ever, that the m em ber shall not be entitled to claim thebalance of such air-conditioned tw o-tier fare left after such35 adjustm ent"amend­ment of section 88 in section 8 of the principal act,— (a) after the words "electricity facilities", the w ords "electricity and office expense allowance" shall be inserted;(b) after the words "such facilities" the words "or allowance" 40 shall be inserted9 in section 8a of the principal act, after sub-section (1), the following sub-section shall be inserted, namely: —amend­ment of section 8a" (la ) w ith effect from the commencement of the salary, allow­ances and pension of m embers of parliam ent (amendment) act, 45 1&88, there shall be paid a pension of five hundred rupees per mensemto the spouse, if any, or dependant of any m ember who dies during his term of office as such m ember, for a period of five years from the date of his death"10 in section 8b of the principal act, for the words "tw enty thousand amend­ment of section sb50 rupees", the w ords "fifty thousand rupees" shall be substituted statement of objects and reasonsthe joint committee on salary and allowances of mps has made a number of recommendations for increasing the allowances and facilities of members of parliament it is proposed to implement some of the reconamendations as accepted by the government with regard to: —(i) increase in the salary and daily allowance;(ii) rail travel of mps, their companions and spouses in acii tier;(iii) air travel facilities to mps from the andaman and nicobax islands and lakshadweep and their spouses or companion;(iy) travel by the highest class by steamer (without diet) by spouse or companion of mps from the andaman and nicobar islands and lakshadweep;(v) air travel by spouse of mps from a place other than the usual place of residence of the m p to delhi and vice versa;(vi) air journey accompanied either by spouse or companion between ladakh and delhi;(vii) provision for an office expense allowance;(viii) payment of pension to widow/dependant of a member dying in harness;(ix) road mileage allowance for journeys of spouses of mps when they do not accompany the mps2 the bill seeks to achieve the above objectivesn e w d e lh i; h k l bhagatthe 3rd september, 1988the biu seeks to amend various provisions of the act to provi(ie for(i) increase in the salary from rs 1000 to rs 1500 per month,(ii) increase in the rate of daily allowance irom rs 75 per diem to rs 150 per diem; (iii) rail travel of mps, their companions and spouses in ac ii tier; (iv) a ir travel facilities to members of parlia­ m ent from islands and their spouse or compariion; (v) travel by the highest class by steam er (w ithout diet) by spouse or companion of m em bers of parliam ent from islands; (vi) air journey accompanied either by spouse or companion betw een ladakh and delhi; (vii) pay­m ent of an ofl&ce expense allowance; (viii) paym ent of pension to w idow /dependent of a m em ber dying in harness; and (ix) paym ent of road m ileage for journeys of spouses of members of parliam ent when they do not accompany the m embers of parliam ent2 the above provisions would involve a recurring expenditure from the consolidated fund of india to the tune of rs 4 crores per annum approxim ately '3 the provisions of the bill w ill not involve any other expenditure either recurring or non-recurring memorandum regarding delegated legislationclause 8 of the biu seeks to amend section 8 of the salary, allow­ances and pension of members of parliament act, 1954 to provide for payment of an office expense allowance by rviles made by the joint committee under section 9 of the act rules under section 9 are made in consultation of the central government the delegation of legisla­tive power is, therefore, of a normal character a billfurther to amend the salsiry, allowances and pension of members of parliament act, 1954(shri h k l bhagat, minister of parliamentary affairs and information and broadcasting)

Parliament_bills

b922f71f-635b-5889-9185-61f5e355d291

as introduced in lok sabhaas introduced in lok sabha bill no 252 of 2017 the e-commerce (regulation) bill, 2017 by shri shivaji adhalrao patil, mp a billfor protection of rights of consumers against marketing of products and services through e-commerce/telephone/digital methods and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the e-commerce (regulation) act, 2017(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions10(a) "e-commerce selling" means selling of products or services by digital meansincluding internet, websites, dialing a telephone number advertised for the purpose in television, newspapers, magazines, hoarding and posters;(b) "observation period" means a fixed time period given to a consumer to examine the products purchased or services availed by him through e-commerce selling without inviting any liabilities; and68 of 19865(c) words and expressions, used but not defined under this act, shall have the same meaning as assigned to them under the consumer protection act, 19863 (1) every consumer who purchases any product or opts for any service through e-commerce selling shall have an observation period of fifteen days from the date of receiving such product or service10right of consumer to return the product or service purchase through e-commerce(2) the consumer shall have the right to return the product or the service to the company offering the same within the observation period if he is not satisfied with the quality and performance of the product or service, without giving any reason for returning the product or refusing the service15(3) the company which has offered the products or services shall refund the full amount, if any, charged for the same within seven working days from the date of return of product or refusal of service by the consumer within the observation periodexplanation—for the purpose of this sub-section "full amount" includes the packaging cost, delivery cost and the cost of returning the product20(4) every consumer shall have the right to get a full refund of money including the delivery charges, the cost of return or the installation charges, if the products or services on purchase are found to be faulty4 (1) every company shall give full and clear information including manufacturing date, expiry or best before date, about the products and the services being offered through e-commerce selling mode25(2) any condition, agreement or contract whatsoever, shall not be enforceable by the company unless it gives the required information to the consumer, prior to purchase of the product or servicescompanies to give full and clear information to consumer regarding products and servicespenalty5 (1) whoever contravenes the provisions of this act and the rules made thereundershall be punishable with imprisonment for a term, which may extend upto one year or with fine, which may extend upto ten lakh rupees or with both30(2) where a person committing a contravention off any of the provisions of this act or of any rule, made thereunder is a company, every person who, at the time the contravention was committed, 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 guilty of the contravention and shall be liable to be proceeded against and punished accordingly:35provided that nothing contained in this section shall render any such person liable topunishment, 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:—40(i) "company" means anybody corporate and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firmpower to remove difficulties457 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 such orders shall be made after the expiry of the period of three yearsfrom the date of commencement of this act8 the provisions of this act shall be in addition to, and not in derogation of the provisions in any other law, for the time being in force, relating to e-commerce sellingact not in derogation of other laws power to make rules9 (1) the central government may by notification in the official gazette make rules for carrying out the purposes of this act510(2) every rule made under this act by the central government shall be laid, as soon asmay 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 reasonswith the passage of time and advancement in technology, the concept of buying goods and services has undergone a tremendous change india has an internet users base of about 450 million as of july 2017 according to a study done by the indian institute of e-commerce, by 2020 india is expected to generate $100 billion online retail revenue out of which $35 billion will be through fashion e-commerce online apparel sales are set to grow four times in coming years a new sector in e-commerce is online selling of complementary and alternative medicine or prescription medicine people are buying various goods without even having seen or felt them the technology has also shrinked the world as the goods manufactured, anywhere in the globe, are available to a person just by clicking on e-commerce website portals or by making a telephone call the manufacturer of various goods are just flashing out their advertisements in e-commerce websites or telephone numbers in television, newspapers, magazines, hoarding, posters, etc for the purpose of inviting customers to purchase their goods and services in view of the fact that the person who is buying goods or services through this e-commerce selling does not get any chance of a face to face contact with the person selling the goods and the opportunity to feel or examine it, hence there are chances that he may fall into a false trap many cases have been reported of this nature where the goods and services purchased by an individual do not match in quality and appearance with those displayed on television, magazines, hoarding, etc in such cases, if the customer wants to return those goods or services, the supplier would not oblige him and he has no legal backing to do somany countries have enacted laws on e-commerce in order to protect the rights of the customers the year 2007 is regarded as the birth year of the indian e-commerce industry, but as of now, there is no law on e-commerce selling in our country with a view to protect the rights of the customers opting for e-commerce selling in our country, there is an urgent need to have such a lawthe bill, therefore, seeks to provide for the rights of the customer to return the goods or services purchased through e-commerce within the observation period of fifteen days without inviting any liabilities and imposing duties on the companies to provide full, fair and complete information to the customer while selling goods and services through e- commerce sellinghence this billnew delhishivaji adhalrao patilnovember 27, 2017 memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purpose of the bill as the rules will relate to matters of details only, the delegation of legislative power is of a normal character———— a billfor protection of rights of consumers against marketing of products and services through e-commerce/telephone/digital methods and for matters connected therewith or incidental thereto————(shri shivaji adhalrao patil, mp)gmgipmrnd—2720ls(s3)—20122017

Parliament_bills

17e6a0bd-57e5-5d4a-a61f-a0ccd71e9af6

bill no 106 of 2010 the cow (protection) bill, 2010 by shri chandrakant khaire, mp a billto provide for protection of cows and its progenybe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the cow (protection) act, 2010 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force at once52 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in relation to a state, the government ofthat state and in all other cases, the central government;(b) "cow" includes its progeny; and (c) "prescribed" means prescribed by rules made under this act3 slaughter of cow is hereby prohibitedprohibition of slaughter of cow 4 (1) the appropriate government shall cause to be established adequate number of shelters for reception and care of stray cows (2) the shelters shall be maintained in such manner as may be prescribedappropriate government to established shelters for cows55 (1) it shall be the duty of every citizen to inform such authority of the appropriate government, as it may designate, about any stray cow noticed by himduty of every citizen to inform the designated authority(2) on receipt of such information, the designated authority shall, as early as possible, take the stray cow to the nearest shelter10act to have overriding effect6 the provisions of this act and rules made thereunder shall have effect notwithstanding that the provisions of this act are inconsistent with any other law for the time being in forcepower to make rules7 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act15 20(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 reasonsarticle 48 of the constitution provides that the state shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breed, and prohibiting the slaughter of cows and calves and other milch and draught cattle it may be observed that article 48 casts a duty upon the government to prohibit slaughter of cows and calvescow is held in high esteem since times immemorial and also worshipped by millions of people in our country it is reared in almost every household in the rural area its milk is beneficial and nutritious for children and the sick persons it serves the nation in many fields of lifehowever, it is a fact that cow is subjected to cruelty and atrocity it is in the interest of the nation to take effective steps to prevent cruelty to cows by prohibiting slaughter of cows, which is the extreme form of cruelty it is, therefore, necessary to have legislation not only for banning slaughter of cow but also for providing protection, shelter and care to cow and its progeny in the countrythe bill seeks to provide for establishment of cow shelters for taking care of stray and abandoned cows and for prohibition of slaughter of cow and its progeny in the countryhence this billnew delhi;chandrakant khairejuly 27, 2010 financial memorandumclause 4 of the bill provides for establishment of adequate number of cow shelters for reception and care of stray cows by the appropriate government the expenditure relating to states shall be borne out of the consolidated funds of the respective states however, 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 likely to involve a recurring expenditure of about rupees five hundred crores per annuma non-recurring expenditure of about rupees one thousand crores 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 as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character————abillto provide for protection of cows and its progeny————(shri chandrakant khaire, mp)gmgipmrnd—3967ls (s5)—18-08-2010

Parliament_bills

6848777f-935b-5e82-9436-eb37a974e0e0

statement of objects and reasonsthe national commission for scheduled castes and the nations! commission for scheduled tribes have been constituted in pursuance of article 338 and article 338a respectively of the constitution, article 3508 of the constitution provides fir appointment of a special officer for linguistic minorities, the central government set up 6 minorities commission in january, 1978 for providing an institutional srrangerment for evaluating the safeguards provided im the constitution snd to make recommendations for effecetive implementation of the safeguards given to the minorities subsequently, in may, 1993, the central government constituted the national commission for minorities as a statutory body under the national commigsion for minorities act, 1992 2 thore has been a persistent demand for giving constitutional status to the nationa! commission for minorities it is folt that the constitution of the national commission for minoritloes under s constitutional provision wouk! inspire greater canfidence amongst the minorities and the commission woukl be more effective in safeguarding their interests st is, therefore, propased to amend the constitution by way of insartion of a new article 340a in tho constitution 3 the bill seeks to achieve the above objects new deus; meira kumar the 16th december, 2004 clause 2 of the bill seeks to insert a new article 340a in the constitution for setting up of a commission for the minorities to be known as the national commission for minorities the proposed commission shall consist of a chairperson, vice-chairporson'and five other members 2 it is proposed to repeal the national commission for minorities act, 1992 and dissolve the commission constituted thereunder by cnacting the national commission for minorities (repeal) bill, 2004 introduced separately it is also proposed to utilise the services of the secretary and other officers and emloyees of the national commission for minorities constituted under the said act for the proposed commission 3 an amount of rs 303 lakhs has been provided for the national commission for minorities constituted under the national commission for minorities act, 1992 for the year 2004-05 under non-plan it is estimated that no additional recurring or non-recurring expenditure is likely to be involved during the said financial year for setting up the commission under the proposed new article 340a of the constitution, when enacted

Parliament_bills

e3a263bf-5bfe-588c-b793-63f2f629cb1b

bw no 11 01 imi nre estate duty (amendment) bill, 1968 billfurther to amend the estate duty act, 1953 be it enacted by parliament in the nineteenth year of the republic of india as follows:-1 this act may be called the estate duty (amendment) act, short title 1968 s 2 after sub-section (2) of section 5a of the estate duty act, amend 34 of 1953 1953, the following sub-section shall be inserted, namely: -ment of "(2a) the amendments made to, or in relation to, this act secuon5a by-54011963 (i) the central boards of revenue act, 1963, <ii> the finance act, 1964, ~ ot iso 10 (iii) the taxation laws (continuation and validation of 11 of 1964 recovery proceedings) act, 1964, (iv) the direct taxes (amendment) act, 1964, 31 of 1964 (v) the finance act, 1965, 10 of 1965 (vi) the finance (no2) act, 1965, s 15 of 1965 (vii) the taxation laws (amendment and miscellaneous 41 of 1965 provisions) act, 1965, and (viii) the finance act, 1966, 13 of 1966 shall apply, and shall be deemed to have applied, on and from the dates on which the amendments made by each of 10 the acts aforesaid respectively took effect, to estate duty in respect of agricultural lands situate in the territories comprised in-(a) the states of gujarat, madras, maharashtra and rajasthan; and is (b) any other states which the central government may, by notification in the oftlcial gazette, specify in this behalf after resolutions have been passed by the legislatures of those states adopting the said amendments under clause (1) of article 252 of the constitu- 20 tion" several amendments were made to the estate duty act, 1953 through some enactments made by parliament during the period of operation of the proclamation of emergency although the power to legislate for estat-a duty in respect of agricultural land vests in the state legislatures by virtue of entry 48, list ii of the seventh schedule to the constitution, parliament has power under article 250 of the constitution to legislate in respect of agricultural land as well, while a proclamaiion of emergency is in operation the amendments made to the estat-a duty act during the period of operation of the proclamation of emergency, therefore, apply also in respect of agricultural land, but these will cease io have effect in relation to agricultural land on the expiration of six months after the proclamation of emergency has ceased to operate this period of six months will expire on 9-7-1969 the state legislatures of gujarat, madras maharashtra and rajasthan have passed resolutions under clause el) of article 252 of the constitution authorising parliament to apply the amendments made in the estate duty act, 1953 during the period of operation of the proclamation of emergency to agricultural land situated in those states the bill accordingly seeks to amend the estate duty act, 1953 to provide for the continued operation of the amendments referred to above, in relation to agricultural land situated in the states of gujarat, madras, maharashtra and rajuthan and also any other states which the central government may notify in this behalf in the official gazette after resolutions have beea passed by the legislatures of those states adopting the said amendments under clause (1) gf article 252 of the constitution new delhi; morarji desai the 26th april, 1968 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no 69/fb/68, dated the 30th 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 further to amend the estate duty act, 1953, has recommended under clause (1) of article 117 and clause (1) of article 274 of the constitution, the introduction of the bill in the lok sabha a bill further to amend the estate duty act, 1953 (shri morarji desai, deputy prime minister and minister of finance)

Parliament_bills

6d0886a4-51da-5c23-9dfa-8ed99dc9346b

bill no 231 of 2016 the integrated child development services (regularisation) bill, 2016 bydr udit raj, mpa billto provide for regularisation and universalisation of integrated child development services in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—(regularisation) act, 2016short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "anganwadi centre" means a centre which shall be used for providing integrated child development services by the appropriate government and includes all the existing centres being used for providing integrated child development services in the country;5(b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government; and(c) "prescribed" means prescribed by rules made under this act103 on and from such date as the central government may, by notification in the official gazette appoint, the existing integrated child development services for overall development of children shall be deemed to be regularised and institutionalized under this act in such manner as may be prescribedregularisation and institutionalisation of integrated child development services4 (1) the appropriate government shall establish adequate number of anganwadi centres in every settlement or village throughout the country15establishment of adequate number of anganwadi centres(2) the appropriate government shall make available land, building infrastructure and all basic facilities including nutritious meal, educational games, toys, stationery items, learning and writing material, television sets, computers and such material as required for the overall development of children and facility of pre-natal and post-natal care to infants and mothers at every anganwadi centre20(3) the appropriate government shall regulate the functioning of anganwadi centres, in such manner and through such bodies of local self government, as may be prescribed5 the 'anganwadi workers' and 'helpers' working in the existing anganwadi centres shall hereinafter be known as 'anganwadi teachers' and 'anganwadi assistants', respectivelyredesignation of anganwadi workers and helpers25setting up of national committee6 (1) the central government shall constitute a committee to be known as the national committee for the welfare of persons working in anganwadi centres in such manner as may be prescribed(2) the national committee shall perform the following functions, namely:—(i) suggest measures to streamline the functioning of existing anganwadi centres; (ii) identify areas where cases of malnutrition of children are reported and recommend opening up of anganwadi centres in such areas;30(iii) monitor the functioning of anganwadi centres;(iv) conduct foundation training course for anganwadi teachers and assistants; (v) fix working hours for anganwadi teachers and assistants;(vi) prescribe the educational qualification and other criteria for recruiting the persons as anganwadi teachers and assistants;35(vii) recommend salary, allowances, over-time, honorarium, leave, providentfund and other benefits, including maternity benefits, for employees of anganwadi centres from time to time;(viii) provide free health care to anganwadi teachers and assistants and their minor children;40(ix) provide insurance cover to anganwadi teachers and assistants; and(x) suggest other measures for overall development of children and efficient functioning of anganwadi centresrelease of funds7 the central government shall, after due appropriation made by parliament by law in this behalf, release the necessary funds to the national committee for effective implementation of the act5power to remove difficulties8 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order publish in the official gazette, make such provision, not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removing such 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 actpower to make rules109 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act15(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 rights of women and children and their aspirations are of paramount importance in our march towards an inclusive and equitable society keeping in view the constitutional provisions and in order to give greater focus to issues relating to women and children, it is necessary to invest more in the programmes meant for eradication of malnutrition and expansion of anganwadis it is a fact that the integrated child development services (icds) has grown by leaps and bounds with a wide range of activities being brought within its ambit and consequent expansion of the area of work of anganwadi workers and helpers and increase in their working hours there is no justification for their being treated as social and honorary workers with the paltry amount doled out to them as honorarium, especially when they have put in long years of service and the success of the scheme, which has been lauded by various agencies, is due to the hard work of the anganwadi workers and helpers these anganwadi workers are working in close relationship with the people and their services are being utilized by the respective state governments for a whole range of activities—be it survey, promotion of small saving schemes, group insurance or non-formal education despite this, their demand for seeking regularisation and institutionalisation of services is being brushed aside therefore, in recognition of their services, they need a better lot and improvement in their service conditions and remunerations there is also need of an effective system of supervision of anganwadi centresin view of the above, the bill seeks to provide for universalisation, regularisation and institutionalisation of integrated child development services for all-round development of children and expansion of anganwadi centres for effective implementation of the schemehence this billnew delhi;udit rajjuly 8, 2016 president's recommendation under article 117(3) of the constitution[copy of letter no 20011/13/2016-cdi dated 19 september, 2016 from shrimati maneka sanjay gandhi, minister of women and child development to the secretary general, lok sabha]the president, having been informed of the subject matter of the integrated child development services (regularization) bill, 2016 by dr udit raj, mp, has recommended the consideration of the bill under article 117(3) of the constitution in lok sabha financial memorandumclause 3 of the bill provides for regularisation and institutionalisation of the integrated child development services by the central government clause 4 provides for setting up of adequate number of anganwadi centres with basic facilities in every settlement clause 6 provides for setting up of a national committee for the welfare of persons working in anganwadi centres clause 7 provides that the central government shall release necessary funds to the national committee for effective implementation of this bill the state governments will incur expenditure in respect of their states out of their respective consolidated funds for implementing the provisions of this 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 ten thousand crore per annuma non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the provisions of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for regularisation and universalisation of integrated child development services in the country and for matters connected therewith or incidental thereto————(dr udit raj, mp)gmgipmrnd—2580ls(s3)—30-09-2016

Parliament_bills

16dfbbb7-c82f-53e4-b76c-629692945a0b

bill no 239 of 2016 the constitution (amendment) bill, 2016 byshri maheish girri, mpa billfurther to amend the constitution of indiabe it enacted by the parliament in the sixty-seventh year of the republic of india as follows:— statement of objects and reasonsarticle 15(5) was inserted in the constitution through the ninety-third constitutional amendment in 2006 with an object 'to promote the educational advancement of the socially and educationally backward classes of citizens or of the scheduled castes and the scheduled tribes in matters of admission of students belonging to these categories in aided or unaided educational institutions' our society has indeed benefitted by this and the government has provided reservation for children belonging to weaker sections and disadvantaged groups popularly known as the economically weaker sections in all private unaided primary schoolsbut, in the ninety-third constitutional amendment, minority institutions as defined under article 30(1) were kept out of the purview of article 15(5) this is clearly against the idea of equality as weaker sections of society for whom the provision has been enacted, would not be able to reap the benefits of the provision of reservation the benefits of reservation should also be extended in admission to minority run educational institutions to achieve the purpose of the ninety-third constitutional amendment moreover, in any society, a positive step which promotes the idea of equality, any waiver must not be given to some particular group of the societyhence this billnew delhi;maheish girrijuly 6, 2016 annexure extract from the constitution of india 15(1) prohibition of discrimination on grounds of religion, race, caste, sex or place of birth(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) or article 30 ———— a billfurther to amend the constitution of india————(shri maheish girri, mp)gmgipmrnd—2611(s3)—13102016

Parliament_bills

c59bf8a0-8f7e-50a9-a262-c7eb4001224f

bill no lxxxv of 2006 the hawker, vendor, rickshaw puller and roadside mechanic (freedom to earn livelihood) bill, 2006 a billto provide for the freedom of earning livelihood to hawkers, vendors, rickshaw pullers and roadside mechanics and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the hawker, vendor, rickshaw puller and roadside mechanic (freedom to earn livelihood) act, 2006short title, extent and commencement5(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, appointdefinition2 in this act, unless the context otherwise requires:—(a) "appropriate government" means in the case of a state, the government of the state and in all other cases, the central government;10(b) "hawker" means a person who sells household consumer items such as vegetables, fruits, clothes, food items, dry fruits, etc going from house to house and street to street hawking on cart, cycle carrying basket or by any other mode;(c) "prescribed" means prescribed by rules made under this act; (d) "rickshaw puller" means a person who pulls a cycle rickshaw of any kind to earn his livelihood;5(e) "roadside mechanic" includes any person who repairs cycle, cycle rickshaw, scooter, motor cycle, car and other motorized vehicles, footwears, utensils and other wares by the roadside or under a tree without any permanent structure built at the work place;(f) "vendor" means a person who sells food items, fruits, vegetables and other small household items, from a stall or place in the open10complete freedom to earn livelihood3 notwithstanding anything contained in any other law for the time being in force thehawkers, rickshaw pullers, roadside mechanics, vendors, and persons carrying similar other vocations shall have complete freedom to earn their livelihood without hindrance from any authority whatsoever including those of police and local self government bodies15no authorityto impoundarticles, tools, etc4 notwithstanding anything contained in any other law for the time being in force, noauthority of the local self government such as, "municipality", municipal corporation, municipal council or by whatever name called shall impound the articles, tools, carts, cycle rickshaws, etc belonging to the hawkers, rickshaw pullers, roadside mechanics, vendors as the case may be5 for earning livelihood under the provisions of this act:—20certain conditions to be followed by hawkers etc(a) a hawker shall not hawk any article which is injurious to health and he shallnot obstruct any public place and the flow of traffic;(b) a rickshaw puller and roadside mechanic shall not obstruct the flow of traffic of vehicles or pedestrians as the case may be;(c) a vendor shall not sell anything which is injurious to health256 it shall be the duty of the appropriate government to ensure strict compliance of theprovisions of this act, in a manner as may be prescribedduty of appropriate government to ensure compliance7 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceover-riding effect of the act power to give direction308 the central government may give directions to any state government for the effectiveimplementation of the provisions of this act in the statepower to remove difficulties9 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 difficulty35power to make rules10 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsour country is facing a serious problem of the constantly increasing unemployment as a result of the population explosion number of unemployed persons is rapidly increasing it has become immensely difficult to get government jobs because of the policy of to reduce staff in various government departments the public sector undertakings are adopting voluntary retirement schemes and are being disinvested for privatisation agriculture, which used to provide maximum employment is also facing economic recession due to unprofitable price structure and fall in the prices of agricultural products the private sector is making more and more use of computers in its work thus, employment is not increasing in proportion to the increasing populationself-employment therefor, seems to be the only solution to tackle unemployment but, it needs money which everybody does not have some citizens try to earn their livelihood by pulling rickshaws or hawking or vending articles or repairing motorized vehicles, bicycles, shoes, etc by the roadside, but most of them are intimidated by the officials of the local police or municipality either they have to bribe the police and or the officer of municipality or their articles and other items are taken away and confiscated thus, they have to live in an atmosphere of fear they can not earn their livelihood fearlessly since, the government is unable to provide employment to these poor people, they should not be deprived of the right to earn their livelihood it is, therefore, felt that these poor people should have full freedom to earn their livelihood and they should not be interfered in any way by police or local authorities in pursuing their professionhence this billjai parkash aggarwal memorandum regarding delegated legislationclause 10 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 details only the delegation of legislative power is of normal character———— a billto provide for the freedom of earning livelihood to hawkers, vendors, rickshaw pullers and roadside mechanics and for matters connected therewith and incidental thereto————

Parliament_bills

a07b70c8-97f2-521f-ad36-5318b8a2f0a8

bill no 66 of 2009 the employees' state insurance (amendment) bill, 2009 a billfurther to amend the employees' state insurance act, 1948be it enacted by parliament in the sixtieth year of the republic of india as follows:—amendment of section 234 of 19482 in the employees' state insurance act, 1948 (hereinafter referred to as the principal act), in section 2,—(a) in clause (6a),—(a) for sub-clause (i), the following sub-clause shall be substituted, namely:—"(i) a widow, a legitimate or adopted son who has not attained the age of twenty-one years, an unmarried legitimate or adopted daughter,"; (b) in sub-clause (ii), for the words "eighteen years", the words "twentyone years" shall be substituted; (b) in clause (9), the words "or under the standing orders of the establishment,"shall be omitted;(c) in clause (11), for sub-clause (v), the following sub-clauses shall be substituted, namely:—"(v) dependant parents, whose income from all sources does not exceed such income as may be prescribed by the central government;(vi) in case the insured person is unmarried and his or her parents are not alive, a minor brother or sister wholly dependant upon the earnings of the insured person;"; (d) for clause (12), the following clause shal be substituted, namely:—35 of 1952'(12) "factory" means any premises including the precincts thereof whereon ten or more persons are employed or were employed on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on or is ordinarily so carried on, but does not include a mine subject to the operation of the mines act, 1952 or a railway running shed;'amendment of section 103 in section 10 of the principal act, in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:—"(a) the director general, the employees' state insurance corporation, ex officio as chairman;(b) the director general, health services, ex officio as co-chairman;"amendment of section 124 in section 12 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—"(3) a person referred to in clause (i) of section 4 shall cease to be a member on becoming a minister or speaker or deputy speaker of the house of the people or deputy chairman of the council of states or when he ceases to be a member of parliament"amendment of section 175 in section 17 of the principal act, in sub-section (2), in clause (a), after the proviso, the following proviso shall be inserted, namely:—"provided further that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis,";amendment of section 376 in section 37 of the principal act, for the words "five years", the words "three years"shall be substituted7 in section 45 of the principal act,—amendment of section 45(a) for the words "inspectors" and "inspector", wherever they occur, the words"social security officers" and "social security officer" shall respectively be substituted;(b) after sub-section (3), the following sub-section shall be inserted, namely:—"(4) any officer of the corporation authorised in this behalf by it may, carry out re-inspection or test inspection of the records and returns submitted under section 44 for the purpose of verifying the correctness and quality of the inspection carried out by a social security officer"8 in section 45a of the principal act, in sub-section (1),—amendment of section 45a(i) for the word "inspector", the words "social security officer" shall be substituted;(ii) after the proviso, the following proviso shall be inserted, namely:—"provided further that no such order shall be passed by the corporation in respect of the period beyond five years from the date on which the contribution shall become payable"9 after section 45a of the principal act, the following section shall be inserted, namely:—insertion of new section 45aa appellate authority"45aa if an employer is not satisfied with the order referred to in section 45a, he may prefer an appeal to an appellate authority as may be provided by regulation, within sixty days of the date of such order after depositing twenty-five per cent of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the corporation:provided that if the employer finally succeeds in the appeal, the corporation shall refund such deposit to the employer together with such interest as may be specified in the regulation" 10 in the principal act, in sections 51a and 51b, for the words "an insured person's", the words "an employee's" shall be substitutedamendment of sections 51a and 51b11 in the principal act, in sections 51c and 51d, for the words "insured person", the word "employee" shall be substitutedamendment of sections 51c and 51d12 after section 51d of the principal act, the following section shall be inserted, namely:—insertion of new section 51e"51 e an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established"accidents happening while commuting to the place of work and vice versaamendment of section 5613 in section 56 of the principal act, in sub-section (3), for the third proviso, the following proviso shall substituted, namely:—"provided also that an insured person who has attained the age of superannuation, a person who retires under a voluntary retirement scheme or takes premature retirement, and his spouse shall be eligible to receive medical benefits subject to payment of contribution and such other conditions as may be prescribed by the central government"amendment of section 5914 in section 59 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:—"(3) the corporation may also enter into agreement with any local authority, local body or private body for commissioning and running employees' state insurance hospitals through third party participation for providing medical treatment and attendance to insured persons and where such medical benefit has been extended to their families, to their families" 15 after section 59a of the principal act, the following section shall be inserted, namely:—insertion of new section 59bmedical and para-medical education"59b the corporation may establish medical colleges, nursing colleges and training institutes for its para-medical staff and other employees with a view to improve the quality of services provided under the employees' state insurance scheme" 16 for chapter va, the following chapter shall be substituted, namely:— 'chapter vasubstitution of new chapter for chapter va scheme for other beneficiaries73a in this chapter,—definitions(a) "other beneficiaries" means persons other than the person insured under this act;(b) "scheme" means any scheme framed by the central government from time to time under section 73b for the medical facility for other beneficiaries;(c) "underutilised hospital" means any hospital not fully utilised by the persons insured under this act;(d) "user charges" means the amount which is to be charged from the other beneficiaries for medical facilities as may be notified by the corporation in consultation with the central government from time to timepower to frame schemes73b notwithstanding anything contained in this act, the central government may, by notification in the official gazette, frame scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is underutilised on payment of user chargescollection of user charges73c the user charges collected from the other beneficiaries shall be deemed to be the contribution and shall form part of the employees' state insurance fund73d the scheme may provide for all or any of the following matters, namely:—(i) the other beneficiaries who may be covered under this scheme;scheme for other beneficiaries(ii) the time and manner in which the medical facilities may be availed by the other beneficiaries;(iii) the form in which the other beneficiary shall furnish particulars about himself and his family whenever required as may be specified by the corporation;(iv) any other matter which is to be provided for in the scheme or which may be necessary or proper for the purpose of implementing the scheme 73e the central government may, by notification in the official gazette, add to, amend, vary or rescind the schemepower to amend scheme73f every scheme framed under this chapter 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, beforelaying of scheme framed under this chapterthe expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or to 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 schemevalidation17 all things done, or, omitted to be done, and all actions or measures taken or not taken during the period beginning on or after the 3rd day of july, 2008 and ending immediately before the date of commencement of the employees' state insurance (amendment) act, 2009, shall in so far as they are in conformity with the provisions of this act, as amended by the employees' state insurance (amendment) act, 2009, be deemed to have been done, or taken, or not taken, under the provisions of this act, as amended by the employees' state insurance (amendment) act, 2009, as if such provisions were in force at the time such things were done or omitted to be done and actions or measures taken or not taken during the said periodamendment of section 8718 in section 87 of the principal act, the following provisos shall be inserted at the end, namely:—"provided that such exemptions may be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this act:provided further that an application for renewal shall be made three months before the date of expiry of the exemption period and a decision on the same shall be taken by the appropriate government within two months of receipt of such application" 19 in section 91a of the principal act, for the words "either prospectively or retrospectively", the word "prospectively" shall be substitutedamendment of section 91a20 after section 91a of the principal act, the following section shall be inserted, namely:—insertion of new section 91aa"91aa notwithstanding anything contained in this act, in respect of establishments located in the states where medical benefit is provided by the corporation, the central government shall be the appropriate government"central government to be appropriate government21 in section 95 of the principal act, in sub-section (2),—amendment of section 95(i) after clause (ef), the following clause shall be inserted, namely:—"(eff) the income of dependant parents from all sources;";(ii) after clause (eh), the following clause shall be inserted, namely:—"(ehh) the conditions under which the medical benefits shall be payable to the insured person and spouse of an insured person who has attained the age of superannuation, the person who retires under voluntary retirement scheme and the person who takes pre-mature retirement;"22 in section 97 of the principal act, in sub-section (2), —amendment of section 97(i) in clause (xx), for the word "inspectors", the words "social security officers"shall be substituted;(ii) after clause (xx), the following clause shall be inserted, namely:— "(xxa) the constitution of the appellate authority and the interest on amount deposited by the employer with the corporation" statement of objects and reasonsthe employees' state insurance act, 1948 is a social security legislation that provides for certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for certain other matters in relation thereto2 keeping in view the changing needs of medical insurance and also to take care of the shift towards providing medical care to unorganised sector workers, it was considered that the employees' state insurance corporation being the premier social security agency running a health care scheme in the country, must come forward to participate in the rashtriya swasthya bima yojana to cover below poverty line workers in the unorganised sector the rashtriya swasthya bima yojana scheme had already become operational with effect from 1-4-2008 the scheme had picked up momentum almost all the states had agreed to implement the scheme and a majority of them had already advertised for the implementation of the same more than 125 lakh smart cards had been issued by 15-6-2008 the number at present had risen to over 54 lakhs some recipients of these cards had already been assisted by way of hospitalisation it was, therefore, considered essential and urgent to enable the employees' state insurance corporation to participate in the scheme with immediate effect by providing health services to the unorganised sector workers under the rashtriya swasthya bimayojana scheme, both unorganised sector workers and the employees' state insurance corporation would benefit by the employees' state insurance corporation making available its vast network of hospitals for providing medical care on user charges, wherever the same were underutilised in view of the urgency as pointed out above, the employees' state insurance (amendment) ordinance, 2008 was promulgated on the 3rd july, 2008 to replace the said ordinance, the employees' state insurance (amendment) bill, 2008 was introduced in parliament on 21-10-2008 and the same was referred to the department-related parliamentary standing committee on labour for examination and report the committee presented its report on the 19th december, 2008 the committee agreed in principle the provisions of the said bill however, it made certain recommendations for improvement in the proposed scheme however, due to the dissolution of the fourteenth lok sabha, the said bill lapsed3 in the meantime, the sub-committee constituted by the employees' state insurance corporation to review the existing provisions of the said act keeping in view the changed economic scenario had recommended comprehensive amendments in the said act in view of the above, it is considered necessary to bring the provisions of the said lapsed bill and the recommendations of the said sub-committee in the proposed legislation hence, the present bill4 the salient features of the bill are as follows:—(i) it enhances the age limit from the existing eighteen years to twenty-one years for the purpose of giving benefits to dependants;(ii) it includes an apprentice appointed under the standing orders as an employee for the purpose of this act;(iii) it provides benefits to workers for the accidents happening while commuting to the place of work and vice versa;(iv) it enables the central government to make rules to decide dependency of the parents on the basis of income;(v) it provides for a new definition of "factory" to provide that when ten or more persons are employed or were employed in the preceding twelve months irrespective of the use of power;(vi) it empowers the central government to include the director general of employees' state insurance corporation as the ex officio chairman and director general, health services as the ex officio co-chairman in the medical benefit council;(vii) it provides for cessation of membership of the employees' state insurance corporation for member of parliament when he becomes minister or speaker or deputy speaker of the house of the people or deputy chairman of the council of state or when he ceases to be a member of parliament;(viii) it enables the employees' state insurance corporation to appoint consultants and specialists on contract without referring the matter to the central government for better delivery of super-speciality services;(ix) it increases public accountability by valuation of assets once in three years from existing once in five years;(x) it re-designates the insurance inspector as social security officer;(xi) it simplifies the determination of employer's contribution; (xii) it empowers the central government to specify by rules the other conditions for medical treatment of an insured person who retires under voluntary retirement scheme or takes premature retirement;(xiii) it empowers the employees' state insurance corporation to enter into an agreement with any local authority, local body or private body for commissioning or running esi hospitals through third party participation for providing medical treatment and attendance to insured persons; and(xiv) it improves the quality of its service delviery and raise infrastructural facilities by openign medical colleges and training facilities in order to increase its medical and para-medical staff 5 the bill seeks to achieve the abvoe objectivesnew delhi;mallikarjun khargethe 30th july, 2009 financial memorandumthe employees' state insurance act, 1948 is a social security legislation that provides for medical care and cash benefits in the contingencies of sickness, maternity, disablement and death due to employment injury to workers it applies, in the first instance, to nonseasonal factories using power and employing ten or more coverable employees and nonpower factories employing twenty or more coverable employees for wages the provisions of the act are being extended area-wise by stages the act contains an enabling provision under which the appropriate government is empowered to extend the provisions of the act to other classes of establishment industrial, commercial, agricultural or otherwise2 comprehensive amendments in the employees' state insurance act, 1948 are proposed to be made pursuant to the recommendations of the sub-committee constituted to review the existing provisions of the said act keeping in view the changed economic scenario and to improve service delivery to the insurred persons under the esi scheme under the existing provisions of the act, medical care can be provided only to insured persons and their families the amendments in the act are also proposed to optimally utilise the existing unutilised infrastructure for other beneficiaries in the unorganised sector to augment funds of the esi corporation3 the bill does not involve any expenditure whether recurring or non-recurring nature memorandum regarding delegated legislationclause 2 of the bill empowers the central government to specify by rules the income of the dependant parents from all sources for the purpose of including them as the relatives of the insured person2 clause 9 of the bill seeks to empower the employees' state insurance corporation to provide an appellate authority by regulation for hearing appeal from an employer against the determination of contribution payable in respect of employees and to specify the interest on the deposit made by the employer in case the employer is finally succeeds in the appeal3 clause 13 of the bill empowers the central government to specify by rules the other conditions for medical treatment of an insured person who retires under voluntary retirement scheme or takes premature retirement4 clause 16 of the bill seeks to substitute chapter va so as to empower the central government to frame a scheme for other beneficiaries and the members of their families providing medical facility in hospital established by the corporation in any area which is underutilised on payment of user charges the scheme may provide for all or any of the following matters, namely:—(i) the other beneficiaries who may be covered under this scheme; (ii) the time and manner in which the medical facilities may be availed by theother beneficiaries;(iii) the form in which the other beneficiary shall furnish particulars about himselfand his family whenever required as may be specified by the corporation;(iv) any other matter which is to be provided for in the scheme or which may benecessary or proper for the purpose of implementing the scheme5 the matters in respect of which the rules or regulations, as the case may be, to be made, are of administrative and procedural details 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 employees' state insurance act, 1948 (34 of 1948) 2 in this act, unless there is anything repugnant in the subject or context,—definitions (6a) "dependant" means any of the following relatives of a deceased insured person, namely:—(i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter; (ii) if wholly dependant on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of eighteen years and is infirm; (9) "employee" means any person employed for wages in or in connection with the work of a factory or establishment to which this act applies and— (i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere; or(ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the prupose of the factory or establishment; or(iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service;62 of 1961and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961, or under the standing orders of the establishment; but does not include—(a) any member of the indian naval, military or air forces; or (b) any person so employed whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by the central government: provided that an employee whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by the central government at any time after (and not before) the beginning of the contribution period, shall continue to be an employee until the end of that period; (11) (v) dependant parents;(12) "factory" means any premises including the precincts thereof—(a) whereon ten or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or (b) where on twenty or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on,35 of 1952but does not include a mine subject to the operation of the mines act, 1952 or a railway running shed; 10 (1) the central government shall constiute a medical benefit council consisting of—medical benefit council(a) the director general, health services, ex officio, as chairman;(b) a deputy director-general, health services, to be appointed by the central government; 12 (1) cessation of membership(3) a person referred to in clause (i) of section 4 shall cease to be a member of the corporation when he ceases to be a member of parliament 37 the corporation shall, at intervals of five years, have a valuation of its assets and liabilities made by a valuer appointed with the approval of the central government:valuation of assets and liabilities provided that it shall be open to the central government to direct a valuation to be made at such other times as it may consider necessary 45 (1) the corproation may appoint such persons as inspectors, as it thinks fit, for the purposes of this act, within such local limits as it may assign to theminspectors their functions and duties(2) any inspector appointed by the corporation under sub-section (1) (hereinafter referred to as inspector), or other official of the corporation authorised in this behalf by it may, for the purposes of enquiring into the correctness of any of the particulars stated in any return referred to in section 44 or for the purpose of ascertaining whether any of the provisions of this act has been complied with—(a) require any principal or immediate employer to furnish to him such information as he may consider necessary for the purposes of this act; or(b) at any reasonable time enter any office, establishment, factory or other premises occupied by such principal or immediate employer and require any person found in charge thereof to produce to such inspector or other official and allow him to examine such accounts, books and other documents relating to the employment of persons and payment of wages or to furnish to him such information as he may consider necessary; or(c) examine, with respect to any matter relevant to the purposes aforesaid, the principal or immediate employer, his agent or servant, or any person found in such factory, establishment, office or other premises, or any person whom the said inspector or other official has reasonable cause to believe to be or to have been an employee;(d) make copies of, or take extracts from, any register, account book or other document maintained in such factory, establishment, office or other premises;(e) exercise such other powers as may be prescribed(3) an inspector shall exercise such functions and perform such duties as may be authoized by the corporation or as may be specified in the regulationsdetermination of contributions in certain cases45a (1) where in respect of a factory or establishment no returns, particulars, registersor records are submitted, furnished or maintained in accordance with the provisions of section 44 or any inspector or other official of the corporation referred to in sub-section (2)of section 45 is prevented in any manner by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under section 45, the corporation may, on the basis of information available to it, by order, determine the amount of contributions payable in resepct of the employees of that factory or establishment:provided that no such order shall be passed by the corporation unless the principal or immediate employer or the person in charge of the factory or establishment has been given a reasonable opportunity of being heard 51a for the purposes of this act, as accident arising in the course of an insured person's employment shall be presumed, in the absence of evidence to the contrary, also to have arisen out of that employmentpresumption as to accident arising in course of employment51b an accident shall be deemed to arise out of and in the course of an insured person's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if—accidents happening while acting in breach of regulations, etc(a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and(b) the act is done for the purpose of and in connection with the employer's trade or business 51c (1) an accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if—accidents happening while travelling in employer's transport(a) the accident would have been deemed so to have arisen had he been undersuch obligation; and(b) at the time of the accident, the vehicle—(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and(ii) is not being operated in the ordinary course of public transport service(2) in this section "vehicle" includes a vessel and an aircraftaccidents happening while meeting emergency51d an accident happening to an insured person in or about any premises at which hs is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property 56 (1) medical benefit(3) a person shall be entitled to medical benefit during any period for which contributions are payable in respect of him or in which he is qualified to claim sickness benefit or maternity benefit or is in receipt of such disablement benefit as does not disentitle him to medical benefit under the regulations:provided that a person in respect of whom contribution ceases to be payable under this act may be allowed medical benefit for such period and of such nature as may be provided under the regulations:provided further that an insured person who ceases to be in insurable employment on account of permanent disablement shall continue, subject to payment of contribution and such other conditions as may be prescribed by the central government, to receive medical benefit till the date on which he would have vacated the employment on attaining the age of superannuation had he not sustained such permanent disablement:provided also that an insured person, who has attained the age of superannuation, and his spouse shall be eligible to receive medical benefit subject to payment of contribution and such other conditions as may be prescribed by the central governmentexplanation—in this section, "superannuation", in relation to an insured person, means the attainment by that person of such age as is fixed in the contract or conditions of service as the age on the attainment of which he shall vacate the insurable employment or the age of sixty years where no such age is fixed and the person is no more in the insurable employment chapter va transitory provisionsemployer's special contribution73a (1) for so long as the provisions of this chapter are in force, every principal employer shall, notwithstanding anything contained in this act, pay to the corporation a special contribution (hereinafter referred to as the employer's special contribution) at the rate specified under sub-section (3)(2) the employer's special contribution shall, in the case of a factory or establishment situate in any area in which the provisions of both chapters iv and v are in force, be in lieu of the employer's contribution payable under chapter iv(3) the employer's special contribution shall consist of such percentage, not exceeding five per cent of the total wage bill of the employer, as the central government may, by notification in the official gazette, specify from time to time:provided that before fixing or varying any such percentage the central government shall give by like notification not less than two months' notice of its intention so to do and shall in such notification specify the percentage which it proposes to fix or, as the case may be, the extent to which the percentage already fixed is to be varied:provided further that the employer's special contribution in the case of factories or establishments situate in any area in which the provisions of both chapters iv and v are in force shall be fixed at a rate higher than that in the case of factories or establishments situate in any area in which the provisions of the said chapters are not in force(4) the employer's special contribution shall fall due as soon as the liability of the employer to pay wages accrues, but may be paid to the corporation at such intervals, within such time and in such manner as the central government may, by notification in the official gazette, specify, and any such notification may provide for the grant of a rebate for prompt payment of such contributionexplanation—"total wage bill" in this section means the total wages which have accrued due to employees in a factory or establishment in respect of such wage periods as may be specified for the purposes of this section by the central government by notification in the official gazette73b (1) if any question or dispute arises in respect of the employer's special contribution payable or recoverable under this chapter and there is no employees' insurance court having jurisdiction to try such question or dispute, the question or dispute shall be decided by such authority as the central government may specify in this behalf(2) the provision of sub-section (1) of section 76, sections 77 to 79 and 81 shall, so far may be, apply in relation to a proceeding before an authority specified under sub-section (1)as they apply in relation to a proceeding before an employees' insurance courtspecial tribunals for decision of disputes or questions under this chapter where there is no employees' insurance court benefits under chapter v to depend upon employee's contribution73c the payment of the employee's contribution for any week in accordance with the provisions of chapter iv in any area where all the provisions of that chapter are in force shall for the purpose of chapter v, have effect as if the contributions payable under chapter iv in respect of that employee for that week had been paid, and shall accordingly entitle the employee as an insured person to the benefits specified in chapter v if he is otherwise entitled theretoexplanation—in the case of an exempted employee, the employee's contribution shall be deemed to have been paid for a week if the corporation is satisfied that during that week the employee's contribution under chapter iv would have been payable in respect of him but for the provisions of this chapter73d the employer's special contribution payable under this chapter may be recovered as if it were an arrear of land-revenuemode of recovery of employer's special contribution power to call for additional information or return73e without prejudice to the other provisions contained in this act, the corporation may, for the purpose of determining whether the employer's special contribution is payable under this chapter or for determining the amount thereof, by general or special order, require any principal or immediate employer or any other person to furnish such information or returns to such authority, in such form and within such time as may be specified in the order73f notwithstanding anything contained in this act, the central government may, having regard to the size or location of, or the nature of the industry carried on in, any factory or establishment or class of factories or establishments, exempt the factory or establishment or class of factories or establishments from the payment of the employer's special contribution under this chapter and nothing contained in sections 87 to 91 inclusive shall be deemed to authorize any state government to grant any such exemptionpower to exempt to be exercised by central government alone in respect of employer's special contributions application of certain provisions of this act to employer's special contribution73g save as otherwise expressly provided in this chapter, the provisions of chapter iv, section 72 and chapter vii and any rules and regulations made under this act shall, so far as may be, apply in relation to the payment or recovery of employer's special contributions, the penalties specified in connection therewith and all other matters incidental thereto as they would have applied in relation to an employer's contribution if this chapter were not in force and the employer's contribution had been payable under this act73h [power to remove difficulties] rep by the employees' state insurance(amendment) act, 1966 (44 of 1966), s 31 (wef17-6-1976)duration of chapter va73i the central government may, by notification in the official gazette, direct that the provisions of this chapter shall cease to have effect on such date as may be specified in the notification, not being a date earlier than three months from the date of the notification:10 of 1897provided that on the provisions of this chapter so ceasing to have effect the provisions of section 6 of the general clauses act, 1897, shall apply as if the provisions of this chapter had been repealed by a central act 91a any notification granting exemption under section 87, section 88, section 90 or section 91 may be issued so as to take effect either prospectively or retrospectively on such date as may be specified thereinexemption to be either prospective or retrospective 97 (1) power of corporation 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:— (xx) the duties and powers of inspectors and other officers and servants of the corporation; lok sabha a billfurther to amend the employees' state insurance act, 1948————(shri mallikarjun kharge, minister of labour and employment)gmgipmrnd—3623ls(s5)—04-08-2009

Parliament_bills

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