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statement of objects and reasonsthe malpractices in the conduct of lotteries and its impact on the poorer sections of the society had been under scrutiny of the government for quite some time the continued prevalence of the popularity known single digit and instant lotteries and the temptation offered by them had proved to be the undoing of many families inspite of the guidelines issued by the central government from time to time as also the guidelines issued by the supreme court of india in the matter, the evil could not be totally eliminated and it was felt that a central legislation to regulate the conduct of lotteries was necessary to protect the interest of the gullible poor to tackle this evil, the lotteries (regulation) act, 1998 was enacted by parliament this act, besides imposing stipulations for conduct of lotteries in the country, banned single digit and pre-announced number lotteries 2 the lotteries (regulation) bill, 1998 was referred to the department related parliamentary committee on home affairs the said committee, after considering the matter in all its aspects, had strongly recommended to the government to come forward with a comprehensive bill, at the earliest, in consultation with all the state governments and the union territory administrations, imposing a complete ban on the lottery trade in the country the matter was debated at length in parliament when the said bill was taken up for consideration during the debate there was an overwhelming view in both houses of parliament in favour of banning the lotteries 3 the matter was also placed before the conference-of chief ministers held on the 27th november, 1998 in new delhi the general consensus in the conference was that lotteries should be statutorily banned 4, under the constitutional frame-work, parliament has legislative competence with regard to lotteries falling under entry 40 of list i (union list) of the seventh schedule to the constitution other types of lotteries fall under entry 34 of list ii (state list) of said schedule which is within the legislative competence of the state legislatures the bill, therefore, proposes to prohibit the central government, state government and any organisation controlled by such government from conducting, organising or promoting any lottery it also seeks to repeal the lotteries (regulation) act, 1998 5 the bill seeks to achieve the aforesaid objective lk advani new delhi, the 21st december, 1999

Parliament_bills

c248e0ed-60b8-5848-8b91-cae76f4651ca

bill no 1 of 2015 the constitution (amendment) bill, 2015 byshri baijayant panda, 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 this act may be called the constitution (amendment) act, 2015short title2 in article 148 of the constitution, in clause (1), the following proviso shall be inserted, namely :—amendment of article(a) the prime minister- chairperson;(b) the speaker of the house of the people- member;(c) the leader of opposition in the house of the - member;people(d) the leader of opposition in the council of- member;states5(e) the incumbent comptroller and auditor-- membergeneral of india10provided further that the committee shall recommend the name of the person to be appointed under this article by a majority of votes of all the members of the committee" statement of objects and reasonsthe office of the comptroller and auditor-general of india (cag), first constituted in1850, is one of the oldest institutions in the country the basic role of the institution remains the same today, as when first constituted, ie, to undertake audit of expenditure of public moneyin the recent past, cag reports have been credited with highlighting grave discrepancies in expenditure of public money and policies in particular, the reports on the xixth commonwealth games and the reports on the allocation of 2g spectrum and coal blocks gained a lot of traction among the people this led to demands for strict action against erring officials, politicians and businessmenthe cag acts as the custodian of the public purse and provides parliament with information to ensure accountability and scrutiny of the government the cag can do justice to this role only if he is competent and also independent in order to be truly independent, the cag must be free from both the control of the government and also from political biasunder the present scheme prescribed under the constitution, the president while acting on the advice of the council of ministers appoints the cag for a fixed term of six years therefore, it is the prerogative of the government to select a suitable cag this has raised the concern about a 'compromised' appointment process the cag is a watchdog that assists parliament in keeping the government in check therefore, any government which is at the receiving end of the cag's riveting scrutiny is likely to appoint an ineffective, pliant and biased person as cagin order to ensure that the competence and the independence of the cag does not depend on the righteousness of the government in power, it is important to amend the constitution to prescribe an appointment procedure that safeguards this important constitutional office from undue interference accordingly, this bill proposes that the cag should be appointed on the recommendation of a committee consisting of:(a) the prime minister; (b) the speaker of the lok sabha; (c) the leader of opposition in the lok sabha; (d) the leader of opposition in the rajya sabha; and (e) the incumbent comptroller and auditor-general of indiathe committee has been mandated to take a decision by simple majority the architect of our constitution, dr br ambedkar believed that the cag is "probably the most important officer under the constitution of india" if this functionary is to carry out the duties of his office effectively, without fear or favour, we must ensure his independencehence this bill annexure extract from the constitution of india chapter v—comptroller and auditor-general of india148 (1) there shall be a comptroller and auditor-general of india who shall be appointed by the president by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as the judge of the supreme courtcomptroller and auditor- general of india lok sabha———— a billfurther to amend the constitution of india————(shri baijayant panda, mp)gmgipmrnd—4152ls(s3)—04-02-2015

Parliament_bills

f72884b1-65a4-5569-9b16-2f4fadb8d646

bill no 62 of 2011 the code of criminal procedure (amendment) bill, 2011 byshri manish tewari, mp a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the code of criminal procedure (amendment) act, 2011short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 of 19742 in section 126 of the code of criminal procedure, 1973, in sub-section (1), after clause (c), the following sub-clauses shall be inserted, namely:—amendment of section 12610"(d) where his parent or parents reside together, in case of such proceedings being taken against such person by either parent of such person or both parents, as the case may be; or(e) where his child or all his children reside, in case of such proceedings being taken against such person by any of his children or all of his children, as the case may be" statement of objects and reasonssub-section (1) of section 126 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code') reads as under:—'proceedings under section 125 of the code may be taken against any person in any district—(a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child'thus, a wife seeking an allowance for maintenance or interim maintenance and expenses of proceedings under section 125 of the code may make an application for the same in the district (a) where the husband is, or (b) where he resides, or (c) where the wife resides, or (d) where he last resided with the wife, ie, the applicanthowever, a parent, under sub-section (1) of section 126 of the code, may file an application in the district (a) where the son is, or (b) where he resides, or (c) where the wife of his son resides, or (d) where the son last resided with his wife there is an ambiguity left open due to certain lacunae in section 126 of the code as a matter of fact, whereas the wife has been given the privilege to file an application under section 125 of the code where she resides, but the parents have not been given the facility of filing an application in the district where they residesimilarly, an application, on behalf of the child, may be filed in the district (a) where the father is, or (b) where the father or mother reside, or (c) where the father has last resided with the mother of the child but the child too has not been given the facility of an application being filed in the district where the child residesthere seems to be no logic to prevent the extension of the facility of filing an application under section 125 of the code in the district where such parents or children reside therefore, it is proposed to amend the code suitably by inserting new clauses (d) and (e) in sub-section (1) of section 126 of the code with a view to extend to parents and children the facility of filing an application under section 125 of the code for maintenance in the district they residethe bill seeks to achieve the above objectsnew delhi;manish tewarijuly 22, 2011 annexureextract from the code of criminal procedure, 1973 126 (1) proceedings under section 125 may be taken against any person in any district—procedure(a) (b) (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child lok sabha————— a billfurther to amend the code of criminal procedure, 1973—————(shri manish tewari, mp)

Parliament_bills

9f04fad1-623b-5e1f-9dcb-0511b515d7ff

bill no 76 of 2008 the unlawful activities (prevention) amendment bill, 2008 a billfurther to amend the unlawful activities (prevention) act, 1967be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title1 this act may be called the unlawful activities (prevention) amendment act, 200837 of 1967insertion of preamble2 in the unlawful activities (prevention) act, 1967 (hereinafter referred to as the principal act), after long title, and before the enacting formula, the following preamble shall be inserted, namely:-"whereas the security council of the united nations in its 4385th meeting adopted resolution 1373 (2001) on 28th september, 2001, under chapter vii of the charter of the united nations requiring all the states to take measures to combat international terrorism;and whereas resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455(2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the security council of the united nations require the states to take action against certain terrorists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the schedule;43 of 1947and whereas the central government, in exercise of the powers conferred by section 2 of the united nations (security council) act, 1947 has made the prevention and suppression of terrorism (implementation of security council resolutions) order, 2007;and whereas it is considered necessary to give effect to the said resolutions and the order and to make special provisions for the prevention of, and for coping with, terrorist activities and for matters connected therewith or incidental thereto" 3 in section 2 of the principal act,—amendment of section 2(i) in clause (d), the words "and includes a special court constituted under section 11 or under section 21 of the national investigation agency act, 2008;" shall be inserted at the end;(ii) after clause (e), the following clause shall be inserted, namely:-'(ea) "order" means the prevention and suppression of terrorism(implementation of security council resolutions) order, 2007, as may be amended from time to time;'; (iii) in clause (g), after the words "for the purpose of a terrorist organisation", the words "or terrorist gang" shall be inserted at the end;(iv) for clause (h), the following clauses shall be substituted, namely:—'(h) "property" means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents deeds and instruments in any form including electronic or digital, evidencing title to, or interest in, such property or assets by means of bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit, cash and bank account including fund, however acquired;(ha) "schedule" means the schedule to this act;'4 for section 15 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 15terrorist act"15 whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of india or with intent to strike terror or likely to strike terror in the people or any section of the people in india or in any foreign country,-(a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause—(i) death of, or injuries to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in india or in any foreign country; or(iv) damage or destruction of any property in india or in a foreign country used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the government of india, any state government or the government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist actexplanation– for the purpose of this section, public functionary means the constitutional authorities and any other functionary notified in the official gazette by the central government as public functionary"insertion of new section 16a5 after section 16 of the principal act, the following section shall be inserted, namely:—punishment for making demands of radioactive substances, nuclear devices, etc"16a whoever intentionally, by use of force or threat of use of force or by any other means, demands any bomb, dynamite or other explosive substance or inflammable substances or fire arms or other lethal weapons or poisonous or noxious or other chemicals or any biological, radiological, nuclear material or device, with the intention of aiding, abetting or committing a terrorist act, shall be punishable with imprisonment for a term which may extend to ten years, and shall also be liable to fine" 6 for section 17 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 17punishment for raising fund for terrorist act"17 whoever, in india or in a foreign country, directly or indirectly, raises or collects funds or provides funds to any person or persons or attempts to provide funds to any person or persons, knowing that such funds are likely to be used by such person or persons to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine"amendment of section 187 in section 18 of the principal act, for the words "incites or knowingly facilitates", the words "incites, directs or knowingly facilitates" shall be substituted8 after section 18 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 18a and 18bpunishment for organizing of terrorist camps"18a whoever organizes or causes to be organized any camp or camps for imparting training in terrorism shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine18b whoever recruits or causes to be recruited any person or persons for commission of a terrorist act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine"punishment for recruiting of any person or persons for terrorist act9 in section 23 of the principal act, —amendment of section 23(a) in sub-section (1), for the words "if any person with intent to aid any terrorist contravenes", the words "if any person with intent to aid any terrorist or a terrorist organization or a terrorist gang contravenes" shall be substituted(b) in sub-section (2), for the words "any person who, with the intent to aid any terrorist", the words "any person who with the intent to aid any terrorist, or a terrorist organization or a terrorist gang" shall be substituteda m e n d m e n t of section 2410 in section 24 of the principal act, in sub-section (2), after the words "proceeds of terrorism whether held by a terrorist", the words "terrorist organization or terrorist gang" shall be insertedamendment of section 2511 in section 25 of the principal act, in sub-section (5), in the explanation, after clause (c), the following clause shall be inserted, namely:—"(ca) credit or debit cards or cards that serve a similar purpose;";12 after section 43 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 43a to 43f power to arrest, search, etc"43a any officer of the designated authority empowered in this behalf, by general or special order of the central government or the state government, as the case may be, knowing of a design to commit any offence under this act or has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this act or from any document, article or any other thing which may furnish evidence of the commission of such offence or from any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under this chapter is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him to arrest such a person or search such building, conveyance or place whether by day or by night or himself arrest such a person or search a such building, conveyance or place 43b (1) any officer arresting a person under section 43a shall, as soon as may be, inform him of the grounds for such arrestprocedure of arrest, seizure, etc(2) every person arrested and article seized under section 43a shall be forwarded without unnecessary delay to the officer in charge of the nearest police station(3) the authority or officer to whom any person or article is forwarded under sub-section (2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the codeapplication of provisions of code43c the provisions of the code of criminal procedure, 1973 shall apply, insofar as they are not inconsistent with the provisions of this act, to all arrests, searches and seizures made under this act43d(1) notwithstanding anything contained in the code or any other law, every offence punishable under this act shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the code, and "cognizable case" as defined in that clause shall be construed accordinglymodified application of certain provisions of the code(2) section 167 of the code shall apply in relation to a case involving an offence punishable under this act subject to the modification that in sub-section (2),—(a) the references to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "thirty days", "ninety days" and "ninety days" respectively; and(b) after the proviso, the following provisos shall be inserted, namely:—"provided further that if it is not possible to complete the investigation within the said period of ninety days, the court may if it is satisfied with the report of the public prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days:provided also that if the police officer making the investigation under this act, requests, for the purposes of investigation, for police custody from judicial custody of any person in judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if any, for requesting such police custody"(3) section 268 of the code shall apply in relation to a case involving an offence punishable under this act subject to the modification that—(a) the reference in sub-section (1) thereof—(i) to "the state government" shall be construed as a reference to"the central government or the state government",(ii) to "order of the state government" shall be construed as a reference to "order of the central government or the state government, as the case may be"; and (b) the reference in sub-section (2) thereof, to "the state government"shall be construed as a reference to "the central government or the state government, as the case may be" (5) nothing in section 438 of the code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this act(6) notwithstanding anything contained in the code, no person accused of an offence punishable under this act shall, if in custody, be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release:provided that such accused person shall not be released on bail or on his own bond if the court, on a perusal of the case diary or the report made under section 173 of the code is of the opinion that there are reasonable grounds for believing that the accusation against the person is prima facie true(7) the restrictions on granting of bail specified in sub-section (6) is in addition to the restrictions under the code or any other law for the time being in force on granting of bail(8) notwithstanding anything contained in sub-sections (6) and (7), no bail shall be granted to a person accused of an offence punishable under this act, if he is not an indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing43e in a prosecution for an offence under section 15, if it is proved —presumption as to offences under section 15(a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or(b) that by the evidence of the expert the finger-prints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the court shall presume, unless the contrary is shown, that the accused has committed such offenceobligation to furnish information43f (1) notwithstanding anything contained in any other law, the officer investigating any offence under this act, with the prior approval in writing of an officer not below the rank of a superintendent of police, may require any officer or authority of the central government or a state government or a local authority or a bank, or a company, or a firm or any other institution, establishment, organisation or any individual to furnish information in his or their possession in relation to such offence, on points or matters, where the investigating officer has reason to believe that such information will be useful for, or relevant to, the purposes of this act(2) the failure to furnish the information called for under sub-section (1), or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both(3) notwithstanding anything contained in the code, an offence under subsection (2) shall be tried as a summary case and the procedure prescribed in chapter xxi of the said code [except sub-section (2) of section 262] shall be applicable thereto"amendment of section 4513 section 45 of the principal act shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:—"(2) sanction for prosecution under sub-section (1) shall be given only after considering the report of such authority appointed by the central government or, as the case may be, the state government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation to the central government or, as the case may be, the state government"insertion of new section 51a14 after section 51 of the principal act, the following section shall be inserted, namely:—"51a for the prevention of, and for coping with terrorist activities, the central government shall have power to—certain powers of the central government(a) freeze, seize or attach funds and other financial assets or economic resources held by, on behalf of or at the direction of the individuals or entities listed in the schedule to the order, or any other person engaged in or suspected to be engaged in terrorism;(b) prohibit any individual or entity from making any funds, financial assets or economic resources or related services available for the benefit of the individuals or entities listed in the schedule to the order or any other person engaged in or suspected to be engaged in terrorism;(c) prevent the entry into or the transit through india of individuals listed in the schedule to the order or any other person engaged in or suspected to be engaged in terrorism"amendment of section 5315 section 53 of the principal act shall be renumbered as sub-section (1) thereof and after sub-section as so renumbered the following sub-section shall be inserted :—"(2) the order referred to in entry 33 of the schedule and every amendment made to that order 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 30 days which may be comprised in one session or in two or more successive sessions"amendment of schedule16 in the schedule to the principal act after entry 32, the following entry shall be inserted, namely:—43 of 1947 "33 organisations listed in the schedule to the un prevention and suppression of terrorism (implementation of security council resolutions) order, 2007 made under section 2 of the united nations (security council) act, 1947 and amended from time to time" statement of objects and reasonsin view of the concerns and complaints expressed about the manner in which provisions of the prevention of terrorism act, 2002 had been applied including instances of misuse, the act was repealed in 2004 at the same time, keeping in view that india has been a front-runner in the global fight against terrorism, its commitments in terms of the united nations security council resolution 1373 dated 28th september,2001 and the resolve not to allow any compromise in the fight against terrorism, the unlawful activities (prevention) act, 1967 was amended to make provisions to deal with terrorism and terrorist activitiesthere have been significant developments since then at the national and the international level terrorist incidents and activities sponsored from across the borders, in various parts of india and elsewhere, continue to cause concern hence, the legal framework for dealing with such activities, including measures related to financing of terrorism, has been further reviewed the administrative reforms commission in its report 'combatting terrorism - protecting by righteousness', has also made various recommendations in this regard suggestions in this respect have also been received from various other sourcesafter due consideration and examination of these recommendations and suggestions, the government is of the view that further provisions are required to be made in the law to cover various facets of terrorism and terrorist activities, including financing of terrorism, which are not fully covered in the present law, and to make further provisions with the aim of strengthening the arrangements for speedy investigation, prosecution and trial of cases related to terrorism related offences, while at the same time ensuring against any possible misuse of such provisionsthese provisions are proposed to be incorporated in the unlawful activities(prevention) amendment bill, 2008the bill seeks to achieve the above objectivesnew delhi;p chidambaramthe 15th december, 2008 annexure extracts from the unlawful activities (prevention) act, 1967 (37 of 1967)| | | | | ||------|------|------|------|-----|definitions2 (1) in this act, unless the context otherwise requires,—| | | | | ||------|------|------|------|-----|(d) "court" means a criminal court having jurisdiction, under the code, to try offences under this act; (g) "proceeds of terrorism" means all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found, and includes any property which is being used, or is intended to be used, for the purpose of a terrorist organisation;(h) "property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, and includes cash and bank account; chapter iv punishment for terrorist activitiesterrorist act15 whoever, with intent to threaten the unity, integrity, security or sovereignty of india or to strike terror in the people or any section of the people in india or in any foreign country, does any act by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community in india or in any foreign country or causes damage or destruction of any property or equipment used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agenices, or detains any person and threatens to kill or injure such person in order to compel the government in india or the government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act| | ||----------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| punishment for | || raising fund for | || terrorist act | || 17 | whoever raises fund for the purpose of committing a terrorist act shall be punishable || with imprisonment for a term which shall not be less than five years but which may extend to | || imprisonment for life, and shall also be liable to fine | || punishment for | || conspiracy, etc | || 18 | whoever conspire or attempts to commit, or advocates, abets, advises or incites or || knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission | || of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than | || five years but which may extend to imprisonment for life, and shall also be liable to fine | | 23 (1) if any person with intent to aid any terrorist contravenes any provision of, or any rule made under the explosives act, 1884 or the explosive substances act, 1908 or the inflammable substances act, 1952 or the arms act, 1959, or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substanceenhanced penalties4 of 1884 6 of 1908 20 of 1952 54 of 1959capable of mass destruction or biological or chemical substance of warfare, he shall, notwithstanding anything contained in any of the aforesaid acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine(2) any person who, with intent to aid any terrorist, attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in sub-section (1), shall be deemed to have contravened that provision under sub-section (1)and the provisions of that sub-section in relation to such person, have effect subject to the modification that the reference to "imprisonment for life" therein shall be construed as a reference to "imprisonment for ten years" chapter v forfeiture of proceeds of terrorism24 (1) forfeiture of proceeds of terrorism(2) proceeds of terrorism, whether held by a terrorist or by any other person and whether or not such terrorist or other person is prosecuted or convicted for any offence under chapter iv or chapter vi, shall be liable to be forfeited to the central government or the state government, as the case may be, in the manner provided under this chapter25 (1) (5) the investigating officer may seize and detain any cash to which this chapter applies if he has reasonable ground for suspecting that—(a) it is intended to be used for the purposes of terrorism; orpowers of investigating officer and designated authority and appeal against order of designated authority(b) it forms the whole or part of the resources of a terrorist organisation: provided that the cash seized under this sub-section by the investigating officer shall be released within a period of forty-eight hours beginning with the tme when it is seized unless the matter involving the cash is before the designated authority and such authority passes an order allowing its retention beyond forty-eight hoursexplanation—for the purposes of this sub-section, "cash" means—(a) coins or notes in any currency; (b) postal orders; (c) traveller's cheques;(d) banker's drafts; and (e) such other monetary instruments as the central government or, as the case may be, the state government may specify by an order made in writing ———— a billfurther to amend the unlawful activities (prevention) act, 1967————gmgipmrnd—4407ls(s5)—15122008

Parliament_bills

6b7a70da-9519-5836-b016-ae10d43697fb

bill no 76 of 2016 the constitution (scheduled castes and scheduled tribes) orders (amendment) bill, 2016 bydr mahendra nath pandey, mpa billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution (scheduled tribes) (uttar pradesh) order, 1967be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—commencementco 192 in the schedule to the constitution (scheduled castes) order, 1950, in part xviii-uttar pradesh, entry 55 shall be omittedamendment of the constitution (scheduled castes) order, 1950co 783 in the schedule to the constitution (scheduled tribes) (uttar pradesh) order, 1967, after entry 15, the following entry shall be inserted, namely:—5"16 musahar"amendment of the constitution (scheduled tribes) (uttar pradesh) order, 1967 statement of objects and reasonseven after sixty-eight years of independence, the persons belonging to the 'musahar'community residing in various parts of the state of uttar pradesh especially in the districts of chandauli, varanasi and mirzapur are living under pitiable condition the community has been included in the list of scheduled castes in respect of the state however, the community is not able to compete with other scheduled castes and have been deprived of all the benefits like reservation etc in fact today they have been marginalized by other forward scheduled castesnow, it is the need of the hour that "musahar" community be included in the list of scheduled tribes to enable them to avail the existing financial and other benefits under the ongoing schemes meant for welfare of the listed tribal communitieshence this billnew delhi;mahendra nath pandeyfebruary 24, 2016 financial memorandumclause 3 of the bill seeks to include musahar community in the list of scheduled tribes in respect of the state of uttar pradesh the bill, therefore, if enacted, would involve additional recurring expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to this tribe under the ongoing central schemes meant for development of the scheduled tribes at this stage, it is not possible to give the exact amount to be incurred on this account however, it is expected that a recurring expenditure of about rupees five hundred crore will be involved annuallyno non-recurring expenditure will be involved annexurethe constitution (scheduled castes) order, 1950(co 19) the schedule part xviii-uttar pradesh 55 musahar extract from the constitution (scheduled tribes) (uttar pradesh) order, 1967(co 78) the schedule 15 bhuiya, bhuinya (in the district of sonbhadra) ———— a billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution(scheduled tribes) (uttar pradesh) order, 1967————(dr mahendra nath pandey, mp)gmgipmrnd—5313ls(s3)—16-04-2016

Parliament_bills

5b66ccbf-6541-5ab3-b49c-4d24b443b1be

bill no iv of 2015 the child development programmes coordination agency bill, 2015 a billto provide for the constitution of the child development programmes coordination agency in order to ensure smooth functioning of child development programmes and achievement of targets for such programmes within a set time frame and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the child development programmes coordination agency act, 2015short 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 notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—(a) "agency" means the child development programmes coordination agency established under section 4 of the act10(b) "child development programmes" means the programmes being run by theministry of women and child development of the central government with an object of child development in the country;(c) "prescribed" means prescribed by rules made under the act(d) "supreme departmental authority" means the secretary of the department of women and child development of the central government;(e) "top official" means the head of the child development programmes being run by the central government5coordination of child development programmes3 an agency shall be established to bring coordination among child development programmes run by the central government with an objective to ensure that the child development programmes are run smoothly and the targets are achieved within the set time frame104 (1) the central government shall by notification in the official gazette establish an agency for the purpose of this act to be known as the child development programme coordination agency, in such manner as may be prescribedestablishment of child development coordination agency(2) the central government shall appoint such number of officers and staff for the efficient functioning of the agency and the terms and conditions of the services of such persons appointed shall be such as may be prescribed(3) the headquarter of the agency shall be at such place as may be prescribed155 the agency shall perform the following functions:—functions of the agency(a) conduct monthly review of child development programmes run by the central government;(b) hold meetings with the top officials in connection with the quarterly execution of programme based on the review;20(c) submit half-yearly progress report and give suggestions to supreme departmental authority; and(d) such other functions as may be prescribed by the central government from time to time256 (1) the central government shall by notification in the official gazette establish a fund to be known as "child development programmes coordination fund'establishment of agency fund(2) the central government shall after due appropriation made by parliament by law in this behalf, provide requisite sums to the fund for carrying out the purposes of this act307 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effectpower to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsit is unfair to think of development of a nation without the development of its childrenactually, child development is the foundation of national development the responsibility of ensuing health care, availability of good nutrition and quality education to children lies not only with the parents but also with the government presently, a number of programmes on child development are being run by the central government among which the integrated child development services (icds) scheme is the primary one which was started in 1975 subsequenlty, many small or big programmes were introduced despite all this schemes there seems to be a continuous deterioration in child development scenario in the country, be it the state of health or nutrition or education owing to lack of coordination among various ongoing programmes, the state of child development in the country continues to be at the lowest level despite spending hundreds of crores of rupees annually therefore, the need to establish a coordination agency for ensuring smooth functioning of child development programme and achievement of targets of such programmes within the set time frame is inevitablehence, this billprabhat jha financial memorandumclause 4 of the bill provides for the establishment of the child development programmes coordination agency and the appointment of officers and staff in the agency clause 6 of the bill provides for the establishment of a child development programme coordination fund therefore, the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees one thousand crore per annum a non-recurring expenditure of about rupees one hundred crore is also likely to be incurred 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 relates to matters of details only, the delegation of legislative powers is of a normal character———— a billto provide for the constitution of the child development programme coordination agency in order to ensure the smooth functioning of child development programmes and achievement of targets for such programmes within a set time frame and for matters connected herewith and incidental thereto————(shri prabhat jha, mp)gmgipmrnd—3835rs(s3)—18-12-2015

Parliament_bills

0b07ab03-1d0a-54b1-a4d7-d745664db484

bill no xxxi of 2018 the downtrodden, backward and oppressed youth (development and welfare) bill, 2018 a billto provide for the formulation and implementation of a comprehensive national policyfor ensuring overall development of the youth belonging to scheduled castes,scheduled tribes and those from other backward classes and oppressedcategories from the religious and linguistic minorities and for theirwelfare to be undertaken by the state and for matters connectedtherewith and incidental theretobe it enacted by parliament in the sixty-ninth year of the repulbic of india as follows:—1 (1) this act may be called the downtrodden, backward and oppressed youth(development and welfare) act, 2018short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effect5definitions2 in this act, unless the context otherwise requires:—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;10(b) "backward" means those youth who belong to castes which have beendeclared, by notification in the official gazette, as backward by the appropriate government from time to time;(c) "downtrodden youth" means the youth belonging to scheduled castes and scheduled tribes not provided with opportunities;5(d) "oppressed youth" means the youth who have been cruelly or unjustly treated in the society due to faith or religion, caste or creed or language or have been oppressed with poverty as such;(e) "prescribed" means prescribed by rules made under this act; (f) "youth" means any person who has attained the age of eighteen years but is not above the age of thirty-five years103 (1) the central government shall, as soon as may be, formulate a comprehensive national policy for the overall development and welfare of the downtrodden, backward and oppressed youth of the nation for implementation throughout the countrynational policy for the downtrodden, backward and oppressed youth(2) without prejudice to the generality of the provisions of sub-section (1) of section 3, the national policy referred to therein may provide for;(a) free higher education, including medical, technical and information technology;15(b) free coaching training for admission to management courses with assured admission in management institutes of repute;(c) books, stationery, equipments and educational gadgets free of cost; (d) scholarships in deserving cases; (e) free hostel facilities;20(f) free public transport facilities; (g) monthly pocket expenses allowances at such rate as may be prescribed;(h) free entertainment facilities; (i) free access to all libraries and technical institutions;25(j) training in sports to every eligible youth covered under this act and facilities and appropriate incentives to participate in sports activities, events and tournaments in and outside the country;(k) provision for free of cost healthy and nutritious meals to all the youth covered under this act in the schools, colleges, universities, hostels and technical institutions;30(l) free medical and healthcare; (m) providing modern apprenticeship in business, trade, vocation etc, in factories and commercial establishments;35(n) providing military training to physically fit youth covered under this act and those successfully completing training to be given preference for recruitment in defence services;(o) free of cost coaching and study material •for all india services and other competitive examinations which are conducted by union public service commission, state public service commissions and other examination bodies such as of railways, banks staff selection commission and other bodies of the government at the centre, states and union territories;40(p) such other facilities, incentives and welfare measures as may be prescribed from time to time 4 it shall be the duty of every appropriate government to implement in letter and spirit the national policy formulated under this actappropriate government to implement national policyemployment and unemployment allowance55 notwithstanding anything contained in any other law for the time being in force, the appropriate government shall provide gainful employment to the youth covered under this act as per their ability and qualification after completing their education or training, as the case may be, and in case that government fails to provide them employment, the youth shall be paid unemployment allowance on monthly basis at such rate as may be prescribed by the central government until they are given gainful employmentmiscellaneous provisions106 (1)the appropriate government shall appoint such number of expert committees in the capital of every state and union territory and in every district as it may deem necessary for carrying out the purposes of this act comprising renowned educationists and psychologists and others to recommend some trade or vacation related education or training to be imparted to the youth covered under this act after passing their secondary or matriculation examination(2) the appropriate government shall establish such number of youth hostels on the lines of international youth hostels at conspicuous places in the country for the youth covered under this act as it may deem necessary for the purposes of this act15(3) the appropriate government shall promote youth cooperatives at villages and district levels for establishing their village industries ventures, dairy projects, food processing, poultry, fair price shops, lpg distribution, etc and provide requisite financial assistance and guidance to them for procuring raw materials and promoting marketing, etc20(4) the appropriate government shall ensure the availability of requisite credit at nominal rate of interest from the banks and other financial institutions to the youth covered under this act for their self employment projects(5) the appropriate government shall extend such welfare measures to the youth covered under this act as that government may deem appropriate and necessary for carrying out the purposes of this act257 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this actcentral government to provide requisite fundspower to make rules8 the central government may by notification in the official gazette, make rules for to carrying out the purposes of this act statement of objects and reasonsthe youth are always at the centre stage of socio-political activities in our nationto maintain this strength, a clear cut youth policy is required to rid the youth of problems relating to education, poverty, nutrition, employment opportunities, self employment, vocational training, health, sports, etc the country at present has no institutional mechanism to harness the potential of our youth and channelise their energy for the betterment of the country the plight of the youth belonging to downtrodden communities such as scheduled castes, scheduled tribes and other backward classes ( obcs) who have been oppressed for centuries is even worse even today the downtrodden youth have to face social ostracisation though thanks to the reservation policy propounded and given by the messiah of the downtrodden babasaheb br ambedkar, many of them have made some progress but the downtrodden youth still require special attention because there is a need to instill a sense of belonging among the downtrodden, backward and oppressed youth of the nation by providing them all opportunities for their overall development so that they too contribute to the progress of the country to their full potential the facilities and opportunities should be provided as a matter of right good education should be their right and it should not be a privilege of the elite only employment needs to be guaranteed to them and if employment opportunity is not provided they have to be given unemployment allowance they have to be linked directly with the production processes by eliminating the disparities between the rural and urban downtrodden youth for this a comprehensive national policy for the downtrodden backward and oppressed youth should be in place to ensure their all round development which is the need of the hour and an absolute necessity the state has to extend welfare measures for them and enable them to fight against fanaticism, fundamentalism and separatismhence this billamar shankar sable financial memorandumclause 3 of the bill provides for a national policy for the downtrodden backward and oppressed youth under which various facilities are to be provided to such youth clause 5 provides for employment opportunities and payment of unemployment allowance by the government clause 7 makes it mandatory for the central government to provide requisite funds to carry out the provisions of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible at present to quantify the funds that may involve but it is estimated that a sum of rupees thirty thousand crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees twenty thousand crore may also involve for creating assets and infrastructure memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the youth belonging to scheduled castes, scheduled tribes and those from other backward classes and oppressed categories from the religious and linguistic minorities and for their welfare to be undertaken by the state and for matter connected therewith and incidental thereto ————(shri amar shankar sable, mp)mgipmrnd—1459rs(s3)—06-08-2018

Parliament_bills

bfe54b32-c45d-5761-bf9d-9746185b5710

bill no lvii of 2013 the representation of the people (amendment and validation) bill, 2013 abillfurther to amend the representation of the people act, 1951be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the representation of the people (amendment and validation) act, 2013(2) it shall be deemed to have come into force on the 10th day of july, 2013amendment of section 7 amendment of section 623 in section 62 of the principal act, after the proviso to sub-section (5), the following proviso shall be inserted, namely:—sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector"validation 4 notwithstanding anything contained in any judgment, decree or order of anycourt, tribunal or other authority, the provisions of the representation of the people act, 1951, as amended by this act, shall have and shall be deemed always to have effect for all purposes as if the provisions of this act had been in force at all material times43 of 1951 statement of objects and reasonsthe representation of the people act, 1951 provides for the conduct of elections of the houses of parliament and the house or houses of the legislature of each state, the qualifications and disqualifications for membership of those houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections2 a division bench of the supreme court by its order dated the 10th july, 2013, in the case of chief election commissioner vs jan chaukidar and others (civil appeal nos 3040-3041 of 2004), has upheld an order of the high court of patna declaring that a person who has no right to vote by virtue of sub-section (5) of section 62 of the said act, is not an elector and is, therefore, not qualified to contest the election to either house of parliament or the legislative assembly of a state3 the government has examined the said order of the supreme court and has filed a petition for review of the said order in consultation with the learned attorney-general for india further, the government is of the view that without waiting for the outcome of the said review petition, there is a need for suitably addressing the situation arising out of the said order of the supreme court therefore, it is proposed to amend the said act4 the amendments proposed in the representation of the people (amendment and validation) bill, 2013, inter alia, are as under:-—(a) to amend the definition of the term "disqualified" in clause (b) of section 7 so as to expressly provide that a member of parliament or the legislature of a state shall be disqualified for being chosen as or for being such member only if he is so disqualified under the provisions of chapter iii of part ii of the said act and on no other ground;(b) to insert a proviso to sub-section (5) of section 62 so as to expressly provide that by reason of the prohibition to vote under the said sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector 5 the bill seeks to achieve the above objectivesnew delhi;kapil sibalthe 23rd august, 2013 annexure extracts from the representation of the people act, 1951(43 of 1951) chapter iiidisqualifications for membership of parliament and state legislatures definitions7 in this chapter,— (b) "disqualified" means disqualified for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state right to vote62 (1) (5) no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police:provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force rajya sabha———— a billfurther to amend the representation of the people act, 1951————(shri kapil sibal, minister of law and justice)gmgipmrnd—2270rs(s4)—23-08-2013

Parliament_bills

f323e6f7-c8da-5868-b629-2af9e93c3ab6

bui:n~i;a, tile delhi (delegation of powers) biu, 1963bill ~ , - ----_- --" ,--'; ~ lit, ,,'" i·~"j"· _ -r, ''''tw~:;;i to provide for the delegation of certain power vcted in the adm'm, trator of the union territ071l of delhi "'be" it ~";cted by' parliaine~~tii the f~u:rteen,th -yea~ therepub~ lie of india as follows:-1 (1) thjs act may be called the delhi (delegation of pow-era) sbort title act, 1963 and extent (2) it extends to the whole of the union territory of delhi s -- ~ ", - _ _~ _ c-- - ;-a- •• 2 in this act, unless the context otherwise requires,-de6ni-- - ill tiona (a) "adrnirustrator" means the administrator of deuu appointed by the president under article 239 of the constitution; ca:~~ ~ ~ w ~ -=--___ (b) "chief secretary" means the chief secretary of the delhi administration; '" ~ 10 (c) "otlhi" means the union territory of delhi: (d) "district judge" means the district judge, delhi, and includes an additional district judge, delhi 3 (1) any power, authority or jurisdiction or any duty which delegatioa is the administrator may exercise or discharge by or under the provi- of powera, sions of any enactment mentioned in column 1 of the schedule may r:=a~ be exercised or discharged alsoistrator undereer-(a) by any officer or authority mentioned in relation thereto tain lawi in column 2 of the said schedule; (b) by such other oaleel' or authority as may be lpeelfted in this behalf by the central government by notification in the ome1al· gazette (2) the administrator may transfer any appeal or application for revision or any other matter pending befode him for disposal to an 5 officer or other uuthority competent under sub-section (1) to dispose of the same (3) the administrator may withdraw for disposal by himself any appeal or application for revision or any other matter pending befo;fe ~qffic~ or quter authority competent under sub-section (1) 10 to· ·dispose ·of· theme the schedule (see s~clio1 3)provisions vesting powers officer or authority who name of enactment ~ in the a,4,lni\itrator may awl exercise is the power& chiaf scctetary 20 chief seeretary j :l'~ ,purijab lalllj: revenue< seaions 13 aad 16 aa, i887 (l'unjab act 17 cf , 'l881>, lsin-force in delhi· 2: united, provida:s lana smions 21e" and 219 revenue'act, 1901 (united provinces act 3 of 1901), as in force in d~i, , , district judge 3 the bengal finance (sales section 20 (3)· t ~) ac( 1941 (bet:!:gai a~ 6 of 1941) as in force 1d delhi chief secuetary 4-111e,p~joandrevclu1e ai;t, ~flions 640 66 and 7' ,1954 (~llir ~f1 il of 1954)· 30 :chief s«relary 5 ~ swn ~s (imprpve-" section 20 ment and clearance) act, 1956 (96 of 1956) ' the delhi (delegation of powers) bill, 1963 (to be/as introduced in lok sabha)1 page 2, line 5,-for libefode" ~ "before" 2 page 6, line 29,-for tturracts" read 'textr1~ct" 3 correct line numbers on page 2 new delhi, --vember 25~ 1963 hgrahayana 4, 1885 statement of objects and reasonsund~ certain enactments in force in the union territory of delhi, the ctuefcommissioner of del:hf 'has to exercise appellate, mtsldnal and other poweirs "either by virtue of express -proyisions ln t!ioe ,enactments or by virtue of delegation 'of those powers to him the chief commissioner, on an average, has to hear over '400 appeals and revision applications during the -course of a year under the prmisions {)fthe enactmenislnentioned in the schedule to the bill this work ool1s1llm!!s consjderirble time and renders it diftlcult lor the chief commissioner to devote adequate attention totf1e various prob~s eoj1nected with the administration of the union territory it is, "thefiefore, coftsidered necessary to give relief to ·the- cbfef coibmissi0lle!' by pfuviding that the·powers mentiolned above shall be -exercisable also by tbe oflicers lind authorities spedfted fn the sehfdule and by such other officer or authority as may be specified in this behalf by the centml govern·ment the bill seeks to give et!ect to this object m chandrasekhar • new delhi; the 13th november, 1963 preside!ft's recommendation under article 117 of the constitution of india[copy of letter no 42/3/63-delhi, dated the 16th november, 1963 from shrimati m chandrasekhttr, deputy minister of home affairs to the secretary lok sabha] the president having been informed of the subject matter of the bill, has recommended to the lok sabha the consideration of the bill under article 117 (3) of the constitution clause 3(1) (b) of the bill provides that such officer or authority as may be specified in this behalf by the central goverrunent by notification in the oftlcial gazette may also exercise or discharge the power, authority, jurisdiction or duty which the administrator may exercise or discharge under the provisions of an enactment mentioned in column 1 of the schedule to the bill immediately there is no intention of appointing any extra officer for this purpose and the delegated powers will be exercised -by the existing officers such lis the chief secretary, delhi administration, district judge or additional district judge, delhi, as the case may be however, it may become necessary at a future date to appoint a sep8l1lte officer for this purpose the total annua1i e~diture, if such an oflicer is a,ppointed, is estimated to be about rs 30,000 - - - - - 13 save as otherwise provided by this act, an appeal shall lie appeals from an original or appellate order of revenue officer as follows, namely:-(a) to the collector, when the order is made by an assistant collector of either grade; (b) to the commissioner, when the order is made by a collector; (c) to the financial commissioner, when the order is rnade by a commissioner: provided that-(i) when an original order is confirmed on first appeal, a further appeal shall not lie; (ii) when any such order is modified or reversed on appeal by the collector, the order made by the commissioner on further appeal, if any, to him shall be final - - - - - 16 (1) the financial commissioner may at any time call for the power to record of any case pending before, or disposed of 'by, any revenue ~~~f~e officer subordinate to him and revise proceed-(2) a commissioner or collector may call for the record of any rings of · evenue case pendmg before, or disposed of by, any revenue officer under officers his control (3) if in any case in which a commissioner or collector has called for a record he is of opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the financial commissioner (4) the financial commissioner may, in any case called for by himself under sub-section (1) or reported to him under sulb-sectfon (3), pass such order as he thinks fit: provided that he shall not under this section pass an order reversing or modifying' any proceeding or order of a subordinate revenue q " -, officer and affecting any question of right between private persons without giving those persons an opportunity of being heard - - " - - ex1'mcts nom 7jiij uni'1'bd pbovinces lan8 revfdfuj: ar:r, 1901 (3 011' 1901) - - - - - 110 (1) a})pealsshau lie under this act as follows:-courts to which appeals lie (\:i) to the record officer from orders passed by any assis-·ta1lt reeord oftleer; (b) to the commissioner from orders passed by assistant collector ql' tahsildar; (c) to the board from judicial orders passed: by a :commission~or additional commissioner or reoord officer - - - - - (4) no appeal shall be allowed from a non-judicial order not ccll1jlecteci with settlemem pesaed by a commilsioner - - - " ~t~(r" 219 "the ,state government may cal1 for the record of any noner~~n~v- judicial proceeding not connected with settlement held by any officer ~~ !~f~r subordinate to it, a~ may pass thereon such orders as it thinks fit :~~_ ·t1teboard may call for the record of any case oj a jud~ial nature nate olb-or connected wit a settl~ent, in which no appeal lies to the beard, ":rs~~ if the officer by whom the case was decided appears to have exerciaed orders " a jurisdiction not vested in him by law, or to have failed to exercise a juri!di¢ion'so vested, or to ha've ected in the e~cise of his jurisdiction illegally or with substantial irregularity, and may pass sueh orders in the case as it thinks fit " ' - - - - - appeal, r:v ~ion and review extracts prom the bengal finance (sales tax) act, 1941 (6 of 1941) " - - - - 20 - - - " - c3) subject to such rules as may be prescribed and for reasons to be recprded in writing, the commissioner upon application or of his own notion may revise any assessment made or or~er passed under this act or the rules thereunder by a person appointed under section 3 to assist him, and subject as afweaaid, the chief commis· sitmer may, ia like manper, revise by order pass by the commissiouerc ; _ ~ : _4~ ::i 1 provided that before rejecting any application for the revision of any such order the commissioner or the chief commissioner, as the case ma'y be, shall consider it and shall record reasons for such rejection: (~ _l~ ~_ti',_::j~j provided further that no application for revision shall lie to the commissioner in respect of a~ assessment if an appeal lies under sub-section (1) to the commissioner in respect of such assessment - - - - - extracts fiiom the dbuu lad revbbue acr, 19m(12 of 1954) - - - - chapti;:r vi appeals, reference and revision64 (1) an appeal shall lie wider this act-courts to which (a) to the settlement officer· or the record officer from appeals orders passed by any assistant settlement officer or assistant lie record officer, respectively; (p) to the; deputy commissioner ql' to the additional collector specially empowered in this behalf from orders passed by tbe &eveaue amtant, an assistant collector or tabsildarj (c) to the chief commissioner from orders passed by the deputy commissiorer, additional collector, settlement officer or record officer - - - - - 66 a second appeal shall lie to the chief commissioner from an second order deciding an appeal under clause (a) or clause (b) of sub- appeal section (1) of section 64 on any of the following grounds and no other, namely:-(i) the decision being contrary to law· or to some usagehaving the force of law, (ii) the decision having failed to determine some material issue of law or usage having the force of law, (iii) a substantial error or defect in the procedure as laid down in this act or prescribed thereunder, which may possibly have produced error or defect in the decision of the case upon the merits - - - - - 72 the ohief commissioner may call for the record of-(a) any non-judicial proceeding not connected with settlement, held by any ofbcer subordinate!fo him, and may pass thereon such orders as he thinks fit, or power of chief commis-iloner to call for files of lubordinate offi cers and to revise order • (b) any case of a judicial nature or connected with settlement, in which no appeal lies to the chief commissioner, if the officer by whom the case was decided appears to have exercised jurisdiction not vested in him by law, or to have failed to exercise a jurisdiction so vested, or to have acted in the exercise of his jurisdiction illpgally, or with substantial irregularity, and may pass such orders in the case as he thinks fit - - - - - extract from the slum areas (improvement and clearance) act, 1956(96 of 1956) - - - - - appeall 20 any person aggrieved by an order of the competent authority refusing to grant the permission referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeul to the administrator and the decision of the administrator on such appeal shall be final - - - - - a bjll tq provide for the delegation of certain powers vested in the administrator of the union territory of delhi (8hrimali m chandrasekhar, j)eputy minister in the mirtistry of home affairs)

Parliament_bills

8fe93c6a-9e8e-582b-8d02-20ce3b733aa2

bill no 94 of 2020 the jammu and kashmir appropriation (no 2) bill, 2020 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the union territory of jammu and kashmir for the services of the financial year 2019-20 be it enacted by parliament in the seventy-first year of the republic of india as follows:—short title1 this act may be called the jammu and kashmir appropriation (no 2)act, 20205102 from and out of the consolidated fund of the union territory of jammu andkashmir, there may be paid and applied sums not exceeding those specified in column 3 ofthe schedule amounting in the aggregate to the sum of fifty-five thousands three hundred seventeen crore eighty-one lakhs rupees towards defraying the several charges which will come in course of payment during the financial year 2019-20 for a period of five months with effect from the 31st day of october, 2019 to 31st day of march, 2020 in respect of the services specified in column 2 of the scheduleissue of rs 55317,81,00,000 from and out of the consolidated fund of the union territory of jammu and kashmir for financial year 2019-20appropriation3 the sums authorised to be paid and applied from and out of the consolidated fund of the union territory of jammu and kashmir by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said yearthe 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 | | || 1 | general administration department revenue | 20,89721 || capital | 12,29181 | || 2 | home department revenue | 3,68,43487 || capital | 66,08593 | || 3 | planning department | revenue || capital | 93,00509 | || 4 | information department | revenue || capital | 7500 | || 6 | power development department | revenue || capital | 1,53,59794 | || 7 | education department | revenue || capital | 76,85933 | || 8 | finance department revenue | 4,23,02551 || capital | 63,84533 | 10053,23,00,000 || 9 | parliamentary affairs department | revenue || capital | 15000 | || 10 | law department revenue | 59,59060 || capital | 4,13692 | || 11 | industry and commerce department revenue | 17,11581 || capital | 48,79718 | || 12 | agriculture department revenue | 71,00676 || capital | 31,89724 | || 13 | animal and sheep husbandry department revenue | 29,48630 || capital | 13,18408 | || 14 | revenue department revenue | 20,98635 || capital | 1,34900 | || 15 | food civil supplies and consumer affairs | || department revenue | 19,26735 | || capital | 25,99408 | || 16 | public works department revenue | 35,79864 || capital | 1,48,26228 | || 17 | health and medical education department revenue | 2,16,95132 || capital | 79,28591 | || 18 | social welfare department revenue | 1,46,67690 || capital | 13,17189 | || 19 | housing and urban development department revenue | 36,39976 || capital | 61,58574 | || 20 | tourism department revenue | 13,55394 || capital | 25,93575 | || 21 | forest department revenue | 49,80536 || capital | 9,91088 | || 22 | irrigation department revenue | 25,56226 || capital | 59,50632 | || 23 | public health engineering department revenue | 63,23226 || capital | 87,91987 | || 24 | hospitality and protocol department revenue | 13,50316 || capital | 6,19730 | || 25 | labour, stationery and printing department revenue | 6,44701 || capital | 4,63965 | || rs ||--------------------|| 219,18,16,000 || 122,91,81,000 || 208,97,21,000 || 122,91,81,000 || 3684,34,87,000 || 660,85,93,000 || 3684,34,87,000 || 660,85,93,000 || 47,24,79,000 || 930,05,09,000 || 47,24,79,000 || 930,05,09,000 || 57,12,87,000 || 75,00,000 || 57,12,87,000 || 75,00,000 || 5660,90,93,000 || 1535,97,94,000 || 5660,90,93,000 || 1535,97,94,000 || 5411,97,85,000 || 768,59,33,000 || 5411,97,85,000 || 768,59,33,000 || 6036,26,83,000 || 10691,68,33,000 || 17,71,27,000 || 1,50,00,000 || 4230,25,51,000 || 638,45,33,000 || 17,38,37,000 || 1,50,00,000 || 631,99,30,000 || 41,36,92,000 || 595,90,60,000 || 41,36,92,000 || 171,15,81,000 || 487,97,18,000 || 171,15,81,000 || 487,97,18,000 || 710,06,76,000 || 318,97,24,000 || 710,06,76,000 || 318,97,24,000 || 294,86,30,000 || 294,86,30,000 || 131,84,08,000 || 209,86,35,000 || 13,49,00,000 || 131,84,08,000 || 209,86,35,000 || 13,49,00,000 || 192,67,35,000 || 259,94,08,000 || 192,67,35,000 || 259,94,08,000 || 357,98,64,000 || 1482,62,28,000 || 357,98,64,000 || 1482,62,28,000 || 2169,51,32,000 || 792,85,91,000 || 2169,51,32,000 || 792,85,91,000 || 1466,76,90,000 || 131,71,89,000 || 1466,76,90,000 || 131,71,89,000 || 363,99,76,000 || 615,85,74,000 || 363,99,76,000 || 615,85,74,000 || 135,53,94,000 || 259,35,75,000 || 135,53,94,000 || 259,35,75,000 || 498,05,36,000 || 99,10,88,000 || 498,05,36,000 || 99,10,88,000 || 255,62,26,000 || 595,06,32,000 || 255,62,26,000 || 595,06,32,000 || 632,32,26,000 || 879,19,87,000 || 632,32,26,000 || 879,19,87,000 || 135,03,16,000 || 61,97,30,000 || 135,03,16,000 || 61,97,30,000 || 64,47,01,000 || 46,39,65,000 || 64,47,01,000 || 46,39,65,000 || 1 | 2 | 3 ||------------------------------------|-------------------------------------------------|-----------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 26 | fisheries department revenue | 4,268,18 || capital | 2,597,77 | || 27 | higher education department revenue | 67,881,80 || capital | 10,770,00 | || 28 | rural development department revenue | 31,084,36 || capital | 2,00,997,66 | || 29 | transport department revenue | 6,438,07 || capital | 11,366,60 | || 30 | tribal affairs department revenue | 4,032,32 || capital | 8,643,48 | || 31 | culture department revenue | 3,056,65 || capital | 1,380,92 | || 32 | horticulture department revenue | 7,767,38 || capital | 38,722,19 | || 33 | disaster management, relief, rehabilitation and | || re-construction department revenue | 41,323,84 | || capital | 15,170,20 | || 34 | youth services and technical education revenue | 27,557,29 || capital | 4,905,31 | || 35 | science and technology department revenue | 607,49 || capital | 3,112,06 | || 36 | cooperative department revenue | 4,198,36 || capital | 421,50 | || t | | || otal | | || : | 11905,86,87,000 | || rs | rs | rs || 42,68,18,000 | | || 25,97,77,000 | | || 42,68,18,000 | | || 25,97,77,000 | | || 678,81,80,000 | | || 107,70,00,000 | | || 678,81,80,000 | | || 107,70,00,000 | | || 310,84,36,000 | | || 2009,97,66,000 | | || 310,84,36,000 | | || 2009,97,66,000 | | || 64,38,07,000 | | || 113,66,60,000 | | || 64,38,07,000 | | || 113,66,60,000 | | || 40,32,32,000 | | || 86,43,48,000 | | || 40,32,32,000 | | || 86,43,48,000 | | || 30,56,65,000 | | || 13,80,92,000 | | || 30,56,65,000 | | || 13,80,92,000 | | || 77,67,38,000 | | || 387,22,19,000 | | || 77,67,38,000 | | || 387,22,19,000 | | || 413,23,84,000 | | || 151,70,20,000 | | || 413,23,84,000 | | || 151,70,20,000 | | || 275,57,29,000 | | || 49,05,31,000 | | || 275,57,29,000 | | || 49,05,31,000 | | || 6,07,49,000 | | || 31,12,06,000 | | || 6,07,49,000 | | || 31,12,06,000 | | || 41,98,36,000 | | || 4,21,50,000 | | || 41,98,36,000 | | || 4,21,50,000 | | || 43411,94,13,000 | | || 55317,81,00,000 | | | statement of objects and reasonsthis bill is introduced in pursuance of the gazette of india, extraordinary, part ii, section 3, sub-section (ii), so 3938(e), dated the 31st october, 2019 issued consequent upon the proclamation issued on the 31st october, 2019, gazette of india, extraordinary, part ii, section 3, sub-section (ii) so 3937(e), dated the 31st october, 2019 under section 73 of the jammu and kashmir reorganisation act, 2019 read with articles 239 and 239a of the constitution and section 74 of the jammu and kashmir reorganisation act, 2019, to authorise payment and appropriation of certain sums from and out of the consolidated fund of the union territory of jammu and kashmir of the moneys required to meet the expenditure charged on the consolidated fund of union territory of jammu and kashmir and the grants made for expenditure of the union territory of jammu and kashmir for part of financial year 2019-20 from the 31st day of october, 2019 to 31st day of march, 2020nirmala sitharaman ———— president's recommendation under section 36(1)(c) and (d) and 43(1) of jammu and kashmir reorganisation act, 2019 [letter no 2(19)-b(s)/2018, dated 5th march, 2020 from smt nirmala sitharaman, minister of finance and corporate affairs addressed to the secretary general, lok sabha]the president, having been informed of the subject matter of the jammu and kashmir appropriation (no 2) bill, 2020 to authorise payment and appropriation of certain sums from and out of the consolidated fund of union territory of jammu and kashmir for the services of the financial year 2019-20 recommends, under section 36 (1) (c) and (d) and 43 (1) of the jammu and kashmir reorganisation act, 2019 read with articles 239 and 239a of the constitution, the introduction of the jammu and kashmir appropriation (no 2) bill, 2020 in lok sabha and also the consideration of the bill———— a billto authorise payment and appropriation of certain sums from and out of theconsolidated fund of the union territory of jammu and kashmir for the services of the financial year 2019-20————(smt nirmala sitharaman, minister of finance and corporate affairs)mgipmrnd—5933ls(s3)—13-03-2020

Parliament_bills

1514d7a8-aaed-5daa-9545-4be6d354760d

the national institute of design bill, 2013————— arrangement of clauses————— chapter i preliminary clauses1 short title and commencement 2 declaration of national institute of design, ahmedabad, as an institution of nationalimportance3 definitions chapter ii the institute4 incorporation of the institute 5 effect of incorporation of the institute 6 powers of institute 7 institute be open to all races, creeds and classes 8 teaching at institute 9 visitor10 authorities of institute 11 governing council 12 term of office of, vacancies among, and allowances payable to chairperson and othermembers of governing council13 meeting of governing council 14 powers and functions of governing council 15 senate 16 functions of senate 17 functions, powers and duties of chairperson 18 director 19 dean 20 registrar 21 powers and duties of other authorities and officers 22 grants by central government 23 fund of institute 24 setting up of endowment fund 25 accounts and audit 26 pension and provident fund clauses27 appointment of staff 28 statutes 29 statutes how to be made 30 ordinances 31 ordinances how to be made 32 arbitral tribunal chapter iii miscellaneous33 acts and proceedings not to be invalidated by vacancies, etc 34 sponsored schemes 35 power of institute to grant degrees, etc 36 powers of central government to issue directions 37 institute to be public authority under right to information act, 2005 38 power of central government to make rules 39 transitional provisions 40 statutes and ordinances to be published in the official gazette and to be laid beforeparliament41 power to remove difficulties the national institute of design bill, 2013 a billto declare the institution known as the national institute of design, ahmedabad, to be aninstitution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to design and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the national institute of design act, 20135short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act2 whereas the objects of the institution known as the national institute of design, ahmedabad, are such as to make it the institution of national importance, it is hereby declared that the national institute of design, ahmedabad is an institution of national importance10declaration of national institute of design, ahmedabad, as an institution of national importance3 in this act, unless the context otherwise requires,—definitions(a) "chairperson" means the chairperson of the governing council nominated under clause (a) of section 11;(b) "governing council" means the governing council of the institute, as constituted under section 11;(c) "dean", in relation to any institute campus, means the dean of such institute campus;5(d) "design" means a rational, logical and sequential innovative process for the purpose of transferring culture to viable products and services and for providing a competitive edge to products and services, and includes industrial design, communication design, textile and apparel design, lifestyle design, experiential design, exhibition design, craft and traditional sector design;(e) "director" means director of the institute, as appointed under section 18;10(f) "fund" means the fund of the institute maintained under section 23; (g) "institute" means the national institute of design, ahmedabad, incorporated under section 4;15(h) "institute campus" means the campus of the institute located at bengaluru in the state of karnataka and gandhinagar in the state of gujarat, or such other campus as may be established by the institute at any place within india or outside india;(i) "notification" means a notification published in the official gazette; (j) "prescribed" means prescribed by rules made under this act; (k) "registrar" means registrar of the institute; (l) "senate" means the senate of the institute;20(m) "society" means the national institute of design, ahmedabad, registered as a society under the societies registration act, 1860;21 of 1860(n) "statutes" and "ordinances" means the statutes and the ordinances of the institute made under this act chapter ii25 the instituteincorporation of the institute4 (1) the national institute of design, ahmedabad, shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued30(2) the body corporate constituting the institute shall consist of a chairperson, a director and other members of the governing council for the time being of the institute(3) the headquarters of the institute shall be in the district of ahmedabad in the state of gujarat(4) the institute may establish an institute campus at such other place within india or outside india, as it may deem fit:35provided that each campus of the national institute of design, ahmedabad, established before the commencement of this act, at bengaluru in the state of karnataka and gandhinagar in the state of gujarat, shall be deemed to be the institute campus5 on and from the date of commencement of this act,—40effect of incorporation of the institute(a) any reference to the society in any law (other than this act) or in any contract or other instrument shall be deemed as a reference to the institute incorporated under this act;(b) all property, movable and immovable of, or belonging to, the society, shall vest in the institute;(c) all the rights and liabilities of the society shall be transferred to, and be, the rights and liabilities of, the institute;(d) any reference to any campus of the institute, established before thecommencement of this act, shall be deemed as a reference to that institute campus;510(e) every person employed by the society, immediately before suchcommencement, shall hold his office or service in the institute including the institute campuses, located at bengaluru in the state of karnataka and at gandhinagar in the state of gujarat, 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 be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the statutes:15provided 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 the case of permanent employee and one month's remuneration in the case of other employee20powers of institute6 subject to the provisions of this act, the institute shall exercise the following powers and perform the following duties, namely:—(a) to provide for instructions, research and training in the areas or disciplinesrelating to design and to nurture and promote quality and excellence thereof in such areas or disciplines;25(b) to develop courses leading to graduate and post-graduate degrees, doctoraland post-doctoral distinctions and research in all areas or disciplines relating to design;(c) to hold examinations and grant degrees, and diplomas and other academicdistinctions or titles in the areas or disciplines relating to design;(d) to confer honorary degrees, awards or other distinctions in the areas ordisciplines relating to design;30(e) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (f) to fix, demand and receive fees and other charges; (g) to establish, maintain and manage halls and hostels for the residence of thestudents;35(h) to supervise and control the residence and regulate the discipline of studentsof the institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;(i) to institute academic and other posts and to make appointments thereto(except in the case of the director);(j) to frame statutes and ordinances and to alter, modify or rescind the same;40(k) 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 faculty members and scholars and generally in such manner as may be conducive to their common objective;| ( | l | ) to act as a nucleus for interaction between academia and industry by ||--------------------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------------|| encouraging exchange of designers and other technical staff between the institute | | || and the industry and by undertaking sponsored and funded research as well as | | || consultancy projects by the institute; | | || 5 | | || ( | m | ) to establish, equip and maintain workshops or laboratories or studios with || modern machinery and equipments in order to undertake scientific and technological | | || research for creating good designs for the production of goods and services and to | | || provide funds for such works and for payment to any person or persons engaged in | | || service, training and research work whether in such workshop or laboratory or studio; | | || 10 | | || ( | n | ) to acquire any patent or licence relating to such invention, improvement or || design or standardisation marks whether for general or specific purposes; | | || ( | o | ) to undertake consultancy in the areas or disciplines relating to design; || ( | p | ) 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; | | || 15 | | || ( | q | ) to receive gifts, grants, donations or benefactions from the government and || to receive bequests, donations and transfers of movable or immovable properties from | | || testators, donors or transferors, as the case may be; | | || ( | r | ) to encourage and improve education of persons who are engaged or are likely || to be engaged in the service, training or research activities by grant of loans, | | || scholarships or other monetary assistance or otherwise; | | || 20 | | || ( | s | ) to prepare, print, publish, issue, acquire and circulate books, papers, || periodicals, exhibits, films, slides, gadgets, circulars and other literary undertakings, | | || dealing with or having a bearing upon the subject of industrial design and allied fields; | | || 25 | | || ( | t | ) to establish, form and maintain museums, libraries and collections of literature || and films, slides, photographs, prototypes and other information relating to design | | || and allied subjects; | | || ( | u | ) to nominate designers, engineers (mechanical or electrical or civil), architects, || craftsmen, technicians or investigators to study in india or outside india in regard to | | || the service, training and research in such fields as the institute may think fit; | | || 30 | | || ( | v | ) to retain or employ skilled professional, technical advisers, consultants, || workers or craftsmen in connection with the objects of the institute; | | || ( | w | ) to encourage artisans, technicians and others with inventive skill to work || out details and specifications of processes, appliances and gadgets by giving awards, | | || financial or technical assistance; | | || 35 | | || ( | x | ) to construct buildings and alter, extend, improve, repair, enlarge or modify || and to provide and equip the same with light, water, drainage, furniture, fittings and all | | || other accessories; | | || ( | y | ) ) to borrow and raise moneys, with or without security or on the security of a || mortgage, charge, or hypothecation or pledge of any of the movable or immovable | | || properties belonging to the institute or in any other manner; | | || 40 | | || ( | z | ) 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 | | |(2) notwithstanding anything contained in sub-section (1), the institute shall not dispose of in any manner any immovable property without the prior approval of the visitor45institute be open to all races, creeds and classes7 (1) the institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever(2) no bequest, donation of transfer of any property shall be accepted by the institute, which in the opinion of the governing council involves conditions or obligations opposed to the spirit and objects of the instituteteaching at institute58 all teaching at the institute and the institute campuses shall be conducted by or in the name of the institute in accordance with the statutes and the ordinances made in this behalfvisitor9 (1) the president of india shall be the visitor of the institute(2) the visitor may appoint one or more persons to review the work and progress of the institute or any institute campus and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct10(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 directions10 the following shall be the authorities of the institute, namely:––authorities of institute(a) the governing council,15(b) a senate, and (c) such other authorities as may be declared by the statutes to be the authorities of the institute 11 the governing council shall consist of the following members, namely:—governing council20(a) a chairperson, who shall be an eminent academician, scientist or technologistor professional or industrialist, to be nominated by the visitor;(b) the director, ex officio;(c) the financial adviser in the ministry or department of the government ofindia dealing with the national institute of design, ex officio;25(d) the joint secretary, in the ministry or department in the government of indiadealing with the national institute of design, ex officio;(e) one representative of the ministry or department of the government of indianot below the rank of joint secretary dealing with higher education, to be nominated by the secretary of that ministry or department, ex officio;30(f) one representative of the ministry or department of the government of indianot below the rank of joint secretary dealing with information technology to be nominated by the secretary of that ministry or department, ex officio;(g) one representative from the state in which the institute campus is located, tobe nominated by that state government;35(h) five professionals, one each from the fields of architecture, engineering, finearts, mass media and technology, to be nominated by the central government;(i) an outstanding designer, to be nominated by the visitor in consultation withthe central government;( j) a management expert, to be nominated by the chairperson;40(k) a representative of the micro, small and medium enterprises, to be nominatedby the central government;(l) three persons to be nominated by the senate from amongst personsrecommended by companies, firms or individuals who have provided financial assistance or contribution to the institute:provided that the threshold of financial assistance or contribution and other requirements to qualify for such nomination shall be such as may be provided for in the statutes; and(m) dean of each institute campus, ex officio512 (1) the term of office of the chairperson or any other member of the governingcouncil (other than an ex officio member) shall be three years from the date of his nomination(2) save as otherwise provided in this section, 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 member10(3) the term of office of a member of the governing council nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominatedterm of office of, vacancies among, and allowances payable to chairperson and other members of governing council(4) notwithstanding anything contained in this section, an outgoing member shall, unless the governing council otherwise directs, continue in office until another person is nominated as a member in his place15(5) the members of the governing council shall be entitled to such allowances, if any, from the institute as may be provided for in the statutes but no member other than the persons referred to in clauses (b) and (m) of section 11 shall be entitled to any salary by reason of this sub-section20meeting of governing council13 the governing council shall meet at least four times in a year at such place andtime and observe such rules of procedure in regard to the transaction of business at its meetings, as may be determined by the governing councilpowers and functions of governing council14 (1) subject to the provisions of this act, the governing council shall be responsiblefor the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers of the institute not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate25(2) without prejudice to the provisions of sub-section (1), the governing council shall––| ( | a | ) take decisions on questions of policy relating to the administration and ||---------------------------|-----|------------------------------------------------------------------------------|| working of the institute; | | || 30 | | || ( | b | ) take decision on the establishment of new institute campus at any place in || india or outside india; | | || ( | c | ) institute courses of study at the institute; || ( | d | ) institute academic and other posts and to make appointments thereto; |(e) make statutes;35(f) consider and modify or cancel ordinances; (g) consider and pass resolutions on the annual report, the annual accounts andthe budget estimates of the institute including each of the institute campuses for the next financial year, as it thinks fit and submit them to the central government together with a statement of its development plans; and40(h) exercise such other powers and perform such other duties as may be conferredor imposed upon it by this act or the statutes(3) the governing council shall have 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 governing council shall have the power to enter into arrangements with the central government, state governments and other public or private organisations or45individuals in india or outside india for securing and accepting endowments, grants, donations or gifts to the institute on mutually agreed terms and conditions:provided that the conditions of such grant, donation or gift, if any, shall not be inconsistent or in conflict with the nature or objects of the institute and the provisions of this act5(5) the governing council shall have the power to take over and acquire by purchase,gift or otherwise from government and other public bodies or private individuals willing to transfer movable and immovable properties, endowments or other funds together with any attendant obligations and engagements not inconsistent with the provisions of this act(6) the governing council may by specific resolution to this effect delegate to the chairperson such of its powers for the conduct of business, as it may deem necessary1015 the senate of the institute shall consist of the following persons, namely:––senate(a) the director, ex officio, who shall be the chairman of the senate;(b) dean of each institute campus, ex officio;(c) senior professors of the institute and of the institute campuses;15(d) three persons, not being employees of the institute, to be nominated by thechairperson in consultation with the director, from amongst educationists of repute,one each from the fields of science, engineering and humanities and at least one of them shall be a woman;20(e) one alumnus of the institute to be nominated by the chairperson inconsultation with the director; and(f) such other members of the staff as may be laid down in the statutesfunctions of senate2516 subject to the provisions of this act, the statutes and the ordinances, the senate of the institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes17 (1) the chairperson shall ordinarily preside at the meetings of the governing council and at the convocations of the institutefunctions, powers and duties of chairperson30(2) it shall be the duty of the chairperson to ensure that the decisions taken by the governing council are implemented(3) the chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutesdirector18 (1) the director of the institute shall be appointed by the central government for a tenure of five years in such manner and on such terms and conditions of service as may be prescribed35(2) the director shall be appointed on the recommendations of the selection committee constituted by the central government(3) the director shall be the principal executive officer of the institute and shall be responsible for—40(a) proper administration of the institute and for imparting of instructions andmaintenance of discipline therein;(b) co-ordination of activities of all the institute campuses;45(c) examining the development plans of the institute and each institute campusand to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; and(d) examining the annual budget estimates of the institute and each institute campus and to recommend to the central government the allocation of funds for that purpose| ( | 4 | ) the director shall exercise such other powers and perform such other duties as ||--------------------------------------------------------------|-----|------------------------------------------------------------------------------------|| may be assigned to him by this act, statutes and ordinances | 5 | || ( | 5 | ) the director shall submit annual reports and accounts to the governing council |(6) the central government shall have the power to remove the director before expiry of his tenure, if it considers it appropriate to do sodean1019 (1) the dean of each institute campus shall be appointed on such terms andconditions as may be laid down by the statutes and shall exercise such powers and perform such duties as may be assigned to him by this act or the statutes or by the director(2) without prejudice to the provisions of sub- section (1), the dean of each institute campus shall look after all academic, administrative, research and other activities of the institute campus in consultation with the directorregistrar1520 (1) the registrar of the 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 governing council shall commit to his charge20(2) the registrar shall act as the secretary of the governing council, the 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 functions(4) 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 director2521 the powers and duties of authorities and officers, other than those hereinbeforementioned, shall be determined by the statutespowers and duties of other authorities and officers grants by central government3022 for the purpose of enabling the institute to discharge its functions efficientlyunder this act, 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 fit23 (1) the institute shall maintain a fund to which shall be credited––fund of institute(a) all moneys provided by the central government; (b) all fees and other charges received by the institute; (c) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and35(d) all moneys received by the institute in any other manner or from any other source (2) all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide40(3) the fund 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 act24 notwithstanding anything contained in section 23, the central government may direct the institute to––setting up of endowment fund(a) set up an endowment fund and any other fund for specified purpose; and(b) transfer money from its fund to endowment fund or any other fundaccounts and audit25 (1) the institute shall maintain proper accounts and other relevant records andprepare an annual statement of accounts, including the balance sheet, in such form as may be prescribed, in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditor- general of india5(2) the accounts of the institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor- general of india10(3) the comptroller and auditor- general of india and any person appointed by him inconnection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india, generally 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 any of the offices of the institute15| ( | 4 | ) the accounts of the 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 | | || 20 | | || pension and | | || provident | | || fund | | || 26 | ( | 1 || director, such pension, insurance and provident funds as it may deem fit, in such manner and | | || subject to such conditions as may be laid down in the statutes | | || 19 of 1925 | | || ( | 2 | ) where any provident fund has been constituted under sub-section ( || 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 | | || 25 | | || appointment | | || of staff | | || 27 | all appointments of the staff of the institute, except that of the director, shall be | || made in accordance with the procedure laid down in the statutes by–– | | || ( | a | ) the governing council , if the appointment is made on the academic staff in || the post of senior designer or professor or above or if the appointment is made on the | | || non-academic staff in any cadre, the maximum of the pay-scale for which is the same or | | || higher than that of senior designer or professor ; and | | |30(b) the director, in any other casestatutes28 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) conferment of honorary degrees;35(b) formation of departments of teaching, establishment of workshops,laboratories and studios;(c) fees to be charged for courses of study in the institute including institutecampus and for admission to the examinations of degrees, diplomas and certificates of the institute;(d) institution of fellowships, scholarships, exhibitions, medals and prizes;40(e) qualifications of teachers of the institute; (f) classification, method of appointment and the determination of the terms andconditions of service of officers, teachers and other staff of the institute;45(g) reservation of posts for the scheduled castes, the scheduled tribes andother backward classes of persons as may be determined by the central government;(h) constitution of pension, insurance and provident funds for the benefit of theofficers, teachers and other staff of the institute;| ( | i | ) constitution, powers and duties of the authorities of the institute and institute ||---------------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------------------------|| campuses; | | || ( | j | ) establishment and maintenance of halls and hostels; || ( | k | ) conditions of residence of students of the institute and the levying of the || fees for residence in the halls and hostels and other charges; | | || 5 | | || ( | l | ) || ( | m | ) allowances to be paid to the chairperson and members of the governing || council; | | || ( | n | ) authentication of the orders and decisions of the governing council; || 10 | | || ( | o | ) || such meetings and the procedure to be followed in the conduct of their business; | | || ( | p | ) || statutes | | || statutes how | | || to be made | | || 15 | | || 29 | ( | 1 || the previous approval of the visitor and a copy of the same shall be laid as soon as may be | | || before each house of parliament | | |(2) the governing council may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereinafter in this section provided20(3) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold assent therefrom or remit it to the governing council for reconsideration(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitorordinances30 subject to the provisions of this act and the statutes, the ordinances of theinstitute may provide for all or any of the following matters, namely:––25(a) admission of the students to the institute including institute campus; (b) reservation in admission to various courses or programmes of the institutefor the scheduled castes, the scheduled tribes and other backward classes;(c) courses of study to be laid down for all degrees, diplomas and certificates ofthe institute;30(d) conditions under which students shall be admitted to the degree, diplomaand certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates;(e) conditions for award of fellowships, scholarships, exhibitions, medals andprizes;35(f) conditions and mode of appointment and duties of examining body, examinersand moderators;(g) conduct of examinations; (h) maintenance of discipline among the students of the institute; and40(i) any other matter which by this act or the statutes is to be or may be provided for by the ordinances31 (1) save as otherwise provided in this section, ordinances shall be made by the senateordinances 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 governing council and shall be considered by the governing council at its next meeting5(3) the governing council 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 bearbitral tribunal1032 (1) any dispute arising out of a contract between the institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to an arbitral tribunal consisting of one member appointed by the institute, one member nominated by the employee and an umpire appointed by the visitor(2) the decision of the arbitral tribunal shall be final and shall not be questioned in any court15(3) 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 arbitral tribunal(4) the arbitral tribunal shall have power to regulate its own procedure (5) nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this section20 chapter iii miscellaneous33 no act of the institute or governing council or senate or any other authority set up under this act or the statutes, shall be invalid merely by reason of —| ( ||----------------|| acts and || proceedings || not to be || invalidated by || vacancies, || etc |25(b) any defect in the election, nomination or appointment of a person acting as amember thereof; or(c) any irregularity in its procedure not affecting the merits of the casesponsored schemes3034 notwithstanding anything contained in this act, whenever the institute receives funds from any government, the university grants commission or any other agency including industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a chaired professorship or a scholarship, etc, to be executed or endowed at the institute,—(a) the amount received shall be kept by the institute separately from the fundof the institute and utilised only for that purpose; and(b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisations:35provided that any money remaining unutilised shall be transferred to the endowment fund set up under section 24 of this act40power of institute to grant degrees, etc35 the institute shall have the power to grant degrees, diplomas, certificates and other academic distinctions under this act, which shall be equivalent to such corresponding degrees, diplomas, certificates and other academic distinctions granted by any university or institute established or incorporated under any other law for the time being in force36 the central government may give such directions as it may deem necessary to the institute for effective administration of this act and the institute shall comply with such directionspowers of central government to issue directions37 the provisions of the right to information act, 2005 shall apply to the institute, as if it were a public authority as defined in clause (h) of section 2 of the right to information act, 200522 of 2005institute to be public authority under right to information act, 2005538 (1) the central government may, by notification, make rules to carry out the purposes of this actpower of central government to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:—| ( | a | ) the manner of appointment of the director and terms and conditions of his ||-----------------------------------|-----|--------------------------------------------------------------------------------|| service under sub-section ( | 1 | ) of section 18; || 10 | | || ( | b | ) the form and the manner in which the books of account of the institute shall || be maintained under sub-section ( | 1 | ) of section 25; || ( | c | ) any other matter which is required to be, or may be, prescribed || 15 | | || 20 | | |(3) every rule made by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session, immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule39 notwithstanding anything contained in this act––transitional provisions25(a) the governing council of the institute functioning as such, immediately before the commencement of this act, shall continue to so function until a new governing council is constituted for the institute under this act, but on the constitution of a new governing council under this act, the members of the governing council holding office before such constitution shall cease to hold office;30(b) the policy and planning committee of the society, functioning as such before the commencement of this act, shall be deemed to be the senate constituted under this act and continue to so function until a new senate is constituted for the institute under this act;35(c) until the first statutes and ordinances are made under this act, the rules andregulations, instructions, guidelines and bye-laws of the society, in force immediately before the commencement of this act, shall continue to apply to the institute and institute campuses located at bengaluru or gandhinagar, as the case may be, in so faras they are not inconsistent with the provisions of this act40 (1) every statute or ordinance made under this act shall be published in the official gazette40statutes and ordinances to be published in the official gazette and to be laid before parliament45(2) every statute or ordinance made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute or ordinance or both houses agree that the statute or ordinance should not be made, the statute or ordinance 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 or ordinance(3) the power to make statutes or ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act to statutes or ordinances or any of them but no retrospective effect shall be given to any statute or ordinance so as to prejudicially affect the interests of any person to whom such statutes or ordinances may be applicable5power to remove difficulties41 (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 purposes of this act, as appears to it to be necessary or expedient for removing the difficulty:10provided that no such order shall be made after the expiry of two years from theappointed day(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament statement of objects and reasonsthe national institute of design (nid), ahmedabad was set up in the country in the year 1961 as a society registered under the societies registration act, 1860 and also under the bombay public trusts act, 1950, by the government of india in the ministry of industry (now known as the ministry of commerce and industry), as an autonomous institution nid is an educational and training institution which conducts graduate and post-graduate programmes in the area of design education2 realising the strategic importance of design for national and industrial competitiveness of both manufacturing and service industries, nid is already striving for excellence in the field of design education in the country nid products, comprising its students and alumni, form the spearhead of the design initiative in india despite this, the potential of indian design has not been fully exploited and there is an immense scope for future growth which may be achieved by establishing an institution of national importance for imparting design education with international benchmarking which can award degrees, function as an apex body to train teachers and trainers imparting design education in the country and provide the interface between academia and the industry in order to achieve the desired objectives, it is expedient to enact a law declaring nid as an institution of national importance in the interest of public at large3 the national institute of design bill, 2013, inter alia, provides for declaration of national institute of design, ahmedabad, as an institution of national importance and make it a body corporate to nurture and promote quality and excellence in design education; to conduct research and training in all disciplines related to design; to confer honorary degrees, diplomas, certificates, awards and other academic distinctions or titles in disciplines relating to design and to act as a nucleus for interaction between academia and industry by encouraging exchange of designers and other technical staff between the institute and the industry and by undertaking sponsored and funded research as well as consultancy projects4 the bill seeks to achieve the above objectsanand sharmanew delhi;the 21st february, 2013 notes on clausesclause 1—this clause relates to the short title and commencement of the proposed legislationclause 2—this clause relates to the declaration of the national institute of design, ahmedabad as an institution of national importanceclause 3—this clause defines certain expressions used in the proposed legislationthese definitions, inter alia, include "governing council", "design", "institute", "registrar"clause 4—this clause relates to incorporation of the national institute of design, ahmedabad as a body corporate, consisting of a chairperson, a director and other members of the governing council the headquarters of the institute shall be at ahmedabad and the institute may establish an institute campus at such other place within india or outside indiaclause 5—this clause relates to the effect of incorporation of the institute that all property, movable and immovable of, or belonging to the society and that every person employed by the society, immediately before such commencement, shall hold his office or service in the institute including the institute campuses, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privilegesclause 6—this clause relates to the powers and duties of the institute which includes, inter alia, to provide for instructions, research and training in the areas or disciplines relating to design; to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to design and to frame statutes and ordinances and to alter, modify or rescind the sameclause 7 - this clause provides that the institute shall be open to all races, creeds, and classesclause 8—this clause provides that all teaching at the institute and the institute campuses shall be conducted by or in the name of the institute in accordance with the statutes and ordinancesclause 9—this clause provides that the president shall be the visitor of the institute who shall in that capacity appoint one or more persons to review the work and progress of the institute or any institute campusclause 10—this clause relates to authorities of the institute which includes the governing council, a senate and such other authorities as may be declared by the statutesclause 11—this clause relates to the composition of the governing council consisting of a chairperson, the director, dean and other membersclause 12—this clause provides the term of office of the chairperson and other members of the governing council other than ex-officio members and filling of their vacancies and allowances payable to themclause 13—this clause provides that the governing council shall meet at least four times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings, as may be determined by the governing councilclause 14—this clause relates to powers and functions of the governing council, which shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall have the power to review the acts of the senateclause 15—this clause provides the composition of the senate consisting of the director, dean of each institute campus, senior professors of the institute, three persons and one alumnus of the institute nominated by the chairperson in consultation with the director and such other members of the staff as laid down in the statutesclause 16—this clause relates to the functions of the senateclause 17—this clause relates to functions, powers and duties of the chairperson, as assigned to him by the proposed legislation or the statutesclause 18—this clause provides the terms and conditions of service of the director of the institute who shall be appointed by the central government for a tenure of five years on the recommendations of the selection committee constituted by the central governmentclause 19— this clause relates to the appointment, power and duties assigned to the dean of the institute by the proposed legislation or the statutes or by the director which provides that the dean of each institute campus shall look after all academic, administrative, research and other activities of the institute campus in consultation with the directorclause 20— this clause relates to the appointment, powers and duties of the registrar of the institute on such terms and conditions laid down by the statutes and he shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the governing council shall commit to his chargeclause 21— this clause relates to the powers and duties of other authorities and officers of the institute to be determined by the statutesclause 22—this clause relates to the grants by the central government to the institute in each financial yearclause 23—this clause provides for the maintenance of a fund by the institute which shall be applied towards meeting the expenses of the instituteclause 24— this clause provides for the setting up of an endowment fund and any other fund for specified purposeclause 25— this clause provides for the maintenance of proper accounts and other relevant records, an annual statement of accounts including the balance-sheet in accordance with general directions issued by the central government in consultation with the comptroller and auditor-general of india and the same shall be audited by the comptroller and auditor- general of indiaclause 26— this clause provides for the constitution of pension, insurance and provident funds for the benefit of the employees including the director of the instituteclause 27— this clause provides for the appointment of the staff of the institute in accordance with the procedure laid down in the statutes by the governing councilclause 28— this clause provides for framing of the statutes with respect to conferment of honorary degrees; the formation of departments of teaching, establishment of workshops, laboratories and studios; fees for courses of study; institution of fellowships, scholarships, exhibitions, medals and prizes; qualifications of teachers of the institute; the allowances to be paid to the chairperson and members of the governing council, etcclause 29— this clause provides for the procedure regarding framing of the first statutes of the institute and making of new or additional statutes as well as their amendment and repealclause 30— this clause provides for ordinances to be made relating to the admission of the students to the institute; reservation in admission to various courses or programmes of the institute for the scheduled castes, the scheduled tribes and other backward classes; courses of study to be laid down for all degrees, diplomas and certificates of the institute, etcclause 31— this clause provides for the procedure of making ordinances by the senateclause 32— this clause provides for an arbitral tribunal for settlement of disputes between the institute and its employeesclause 33— this clause provides that acts and proceedings of the institute or governing council or senate or any other authority shall not be invalidated by any vacancy, etcclause 34— this clause relates to various sponsored schemes of the institute and its utilisationclause 35— this clause relates to power of institute to grant degrees, diplomas, certificates and other academic distinctionsclause 36— this clause provides for powers of central government to issue directions for effective administration of the proposed legislationclause 37—this clause provides the applicability of the provisions of the right to information act, 2005 to the institute, as if it were a public authority defined in the said actclause 38— this clause confers power upon the central government to make rules in respect of the matters specified in the proposed legislationclause 39— this clause provides for the continuation of the existing governing council till the constitution of a new council under the provisions of the proposed legislationclause 40— this clause provides for the publication of every statute or ordinance in the official gazette and also for its laying before parliamentit further provides that the power to make statutes or ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of the proposed legislationclause 41—this clause relates to the power to remove difficulties financial memorandumclause 4 of the bill provides for establishment of the national institute of design(nid), ahmedabad as a body corporate2 sub-clause (y) of clause 6 of the bill provides for borrowing or raising monies, with or without security or on the security of a mortgage, charge, or hypothecation or pledge of any of the movable or immovable properties belonging to the institute or in any other manner3 sub-clause (4) of clause 14 of the bill empowers the governing council of the institute to enter into arrangements with the central government, state governments and other public or private organisations or individuals in india or outside india for securing and accepting endowments, grants, donations or gifts to the institute on mutually agreed terms and conditions which shall not be inconsistent or in conflict with the nature or objects of the institute and the provisions of the act4 clause 22 of the bill provides that 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 fit5 the following budget provisions have been made for the institute during the last five years ie 2007-2012:—(rs in lakhs)particulars2007-082008-092009-102010-112011-12grant-in-aid plan recurring9301070145014951510plan non-recurring865626135021752105non-plan24114179100100total189118102979377037156 clause 23 of the bill provides that the institute shall maintain a fund to credit all monies provided by the central government; all fees and other charges received by the institute, all monies received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and all monies received by the institute in any other manner or from any other source all monies credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide7 clause 24 of the bill provides for setting up of an endowment fund and any other fund for specified purpose and transfer money from its fund to the endowment fund or any other fund8 clause 25 of the bill provides for maintenance of proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed by the central government in consultation with the comptroller and auditor general of india the comptroller and auditor general of india shall be empowered to audit the accounts of the institute9 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 29 of the bill empowers the governing council, to frame, with the previous approval of the visitor, the first statutes of the institute sub-clause (2) of the said clause provides that the governing council may, from time to time, make new or additional statutes or amend or repeal such statutes sub-clause (3) of the said clause provides that every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold such assent or remit it to the governing council for reconsideration sub-clause (4) of the said clause provides that a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor2 clause 30 of the bill enumerates the matters in respect of which ordinances of the institute may be made the ordinances are subject to the provisions of the proposed legislation and the statutes the matters in respect of which ordinances may be made, inter alia, include the admission of the students to the institute including institute campus;reservation in admission to various courses or programmes of the institute for the scheduled castes, the scheduled tribes and other backward classes; courses of study to be laid down for all degrees, diplomas and certificates of the institute; conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates; conditions for award of fellowships, scholarships, exhibitions, medals and prizes; conditions and mode of appointment and duties of examining body, examiners and moderators; 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 31 of the bill lays down the procedure of the senate to make ordinances 4 clause 38 of the bill empowers the central government to make rules in respect of matters relating to the appointment of the director and terms and conditions of his service under sub-section (1) of section 18; the form and manner in which the books of account of the institute shall be maintained under sub-section (1) of section 25 and any other matter which is required to be, or as may be, prescribed5 the matters in respect of which the notification, the statutes, or the ordinances 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 declare the institution known as the national institute of design, ahmedabad, to be an institution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to design and for matters connected therewith or incidental thereto————

Parliament_bills

c3a0e0da-20cd-5be2-af1c-67bf937d1255

'ire :;'tdusmial re01ns'jru(l?ion bank ofind~ bill, 19r4 (to bel ~,3 intro duced in 10 k sabha) 1 pa ge (ii), 3gnin;:;t clause 32,-!gj: ,"corpora tion" ~ ''preparation'' 2 page (11), against'"clause 41,-m "transfer" ~ "primary or" 3 page (iii), :again~,clause 64,-0jii11 "under this act" 4 page 3, line 27,-ru '~regulations" ~ "regulation" 5 page 4, lin,e 19,-!su: ''reconstructions'' ~ ''reconstruction'' 6 page 4, line 20,-after "section 5," insert "of" 7 pa~ it, line 26,-!ol: "capitas" ~ "capital" 8 p9ge ~, lh aft el' "0 r " in s er t "in" 9 page~, lil'e 38,-!cl: "ovserves" ~ "observes" 10 page, 7, line 4,-after "provident" wsert "or" 11 - pa ge 7, lide 12, -tb+ "0 r th e!' r ea "! "0 f th e " 12 page 7, line 31,-after "wlere" om1i "a" 13 page 7, l1ne 45,-before ''amount " insert "the" 14 page ;,-against clause 11, insert the marginal headlllg -hdisqualificat10ns of membership of the board" 15 page 9, line ~7,-m - lipar_ time" ~ "part- time" 16 page 10, in the marginal heading to c'~e1l3e ·14,-lb1: "meet~ng of th e boards " ~ "meetings of the board " 17 pa ge 10, lin e 15,-~ ''nbard'' ~ "board" page 10, line 19,-18 !cr "sub- section ()" ~ "sub- section (3) '! 19 pa ge 10, in th e marginal heading to clause 15, - !ci "executive committees" ~ "executive committee" 20 page 10, line "11,-!qi "a fer wards " ~ "afterwards" 21 - page 1 0, lin e 41,-!cl: ''act'' ~ "act" 22 page 11, in the marginal heading to clause 17,- -!or ila 110 wan ce dir e c to r s " ~ "allowances of directors" 23 page 11, in the marg1pal heading to cla use 18, !cl: 'reconstruc-" ~ ''reconstruction'' 2+ - p!\ ge 11, lin e 1 a, -after "assist" insert "and" r,'; 25 page 11, line 20,-!cr "business" ~ "businesse:::" 2~ page 12, line 8,-after "managing" insert "industrial -ooncerns" 27 page 12, line 1j,- om;lt "or undertaking" •• 28 page 12, line 22,-fb!: "p\!rpo se fi ~ lip urpo sa s " 29 page 13, lin\ 20,-m ''holds'' ~ ''hold'' 30 page 13, against line 32, in;2ert the marginal citation,-"1 0 f 195"" 31 page 14, against line 24, in the mrgina'l: citation,-nu: "2 of 1984" ~ "2 of -1934 " 32 page 14, against line' 3}, insert tile ~rginal citation,-"2 0 f 1882" 33 page 18, line 4, $fter "fund" insert "to" 34 page 20, une 13,- after "discharge" insert "its" 35' page 2j, line 43,':" am1:t "a stile ca se f_' y be, " ji't page 22, line 4,-~ 'recorfstrua tion" r~ "reconstruction" 37 pag~ 23, line 2,-~ ~ om1t ''0 f clause (b) if 38 page 23" line 11,-!oi: ''p 1 ed ge " ~ ''p 1 ed ged " :51 pa ge 23, line 20 ,-m "shally th,e" read "shall apply the" i 1'0 page 24, line 4,-' after "shall" in ser t "apply" 41 page 24,against'line 2j, jj1sert th,e'ma~g1nal c1tatlon,-"5 of 1908" 42 page 24, against line 31, ins,art the marginal citat:lon~-"5 0 f 1908" 4 3 p? ~e 25, in th e mar gina 1 h ea01n g to cl1\~se 41,-i ' •• tj:ll: "co llacteral" ~ "colla te-ral" ' , i 44 page 25', line 25~-1bj: "·",ith the" ~ "wi tb hi;" 45 page 25, against line 33,-fo r th e mar ginal ci ta tipn iij,j o,f 19 56:ti ~ "4 of 1882,',' ,,4'' pa,g9 25" in the aarginal·heading to clause 42,-,:1 1lu: ttconcen" ~ , 'ooncern" , , " 4-7 ~age 2", in the marginal hea,,~g to, clause 44,-!oj: "tn d rt ~ "an d " f48 page 28, line 13,-- ror "obligation" ~ ''obligat~nsrt ' y 49 page 2b, lin e 33,-, isji "aoapa t1ons" ~ "adap,~ tien,s" 50 pc 69 29, line 15,-om! t ,1'z d1 t1o!} t:f1 " 51 page 30, line 35,-!ol: ''bark'' ~ "bank" 52 page 31, line 13,-''i wi ''0 f tho se ,~ 53 pa ge 32, in th e !!j8r gina,~, h eatung to· <¥a'lse 50,-!al: ''11 cb ur t" x:ead'" cb ur t,,, ~ " 54 page 33, _in the ·narginal ha3d1ng to: c~~uge 51,-" ' ,~ !2! "d1s~rict ma'hst~atg" ,~''n1:str1ct mi!i~a~ate" ~ 55 page 33,11oe 41,-tp1:, "rules· or schemes" ~ "rule or scheme", , 5~ fage 34, line 17,--1bi: "1981" ~ "1891, ii 57 page 36, in the rrarginal heading to clause '4, ~ "under this act" 58 page 37, line 18,-,!q,r "he ii road "the" 59 pa ge 37, in til e ma,'rgj,j"lal h 00 din g to clause 68,_ for ''po\·rers''·~ "power" 60 pal;e 37, line 40,-a ft ex- ''ban k" in ser t "a 9 " 61 page:j3,- lin~ 3) ,-!qr ''member "- ~ ''members'' 62 pa ge 3), line14,-" , !ql: '1house" ~ ''houses'' h"', p~ ge ,3), lin e 18,-!al: "m an y" i:e9:d "m the" 64 page 41, line 16,-l'ei'ore "industrial" ;lnsert "the" 65 page 41, line 43,-fqr "sub-clause (c) l' ~ "sub-clause(1i) of clause (c)" 66 page 42, line 28;-(i) 'fqi "id-" read "in" (ii) ~ ii( lause" ~ ,"clause" 67 page 42, line 37,-!or "wor-cds" ~ "words fi 68 page 48, lines 16 and 17,-om1t "colla teral" 69 - page 48, lines 20 and 21,-ru!11:t " co 119 te ra 1 " 70 page 50, line b,-!cu: "tra tit l:!illid ntha t n ~ _________ _ 71 page 50, line 24,-after "unit" insert "vilich" 72 pago 50, line 33,-ru "i ts" <r~ "an" 73 page 51, line 3,-fqr "on d" ~ "an d " 74 page 51, line 3frombottom,-m "corpora tinons" ~ "corpo~t:lons" 75 'pa~e 55, line 4 from bottom,':' !q1: "occurence" ~ ''occurrenoe tt o ' new dellii; lyh 30 ___ -1984~---;-~_ f;ravana 8, 1909' (saka) bill no 55 of 1984 the industrir\l reconstruction bank of india bill, 1984 i arrangement of clauses chaprer i preliminary clauses1 short title and commencement 2 definitions chaprer ii establishment of the industrial rmcons1'ruction bank oi~' india3 establishment of the reconstruction bank 4 authorised capital chapter iii acquisition and transfer of the undertaking of the industrial recons'truction corporatlon of india limrrj:d5 undertaking of the corporation to be transferred to the reconstruction bank 6 power of central government to authorise a person to take over the management of the corporation 7 transfer of the services of 'the officers and other employees of the corporation to the reconstruction bank 8 dissolution of the corporation chapter ivmanage1!vfent of the reconstruction bank 9 management 10 board of directors ] 1 disqualifications of membership of the board 12 term of office, salaries and allowances of chairman 13 disclosure of interest 14 meetings of the board 15 executive committee and other committees 16 existence of vacancy in or defect in the constitution of the board or defect or disqualification of a meinber not io invalidate the proceedings of the board 17 fees and allowances of directors and members of committees (i) clauses18 objects ;nd business of the reconstruction bank 19 prolifbited business tl loans by central qovernment 21 borrowing and acceptance of deposits by the recollstruction bank 22 power to transfer rights 23 loans in foreign currency 24 grants, donations, etc, to the :reconstruction bank chapter vi rd:!onstruction assistance fuim25 reconstruction assistance fund 26 credits to the reconstruction assistance fund 27 utilisation (1f reconstruction assistance fund 28 debits to reconstruction assistance fund 29 accounts 'and audit of reconstruction assistance fund 30 liquidation of reconstruction assistance fund chapter vii genbral fund accounts and atj'dit31 general fund 32 corporation of accounts and balance-sheet 33 disposal of profits accruing to general fund 34 audit 35 saving chapter viii special powers of the reconstruction bank36 power to impose conditions for assistance 37 assistance to industrial concern when to operate as a charge i)n the property offered as security 38 power to call for repayment before agreea period 39 rights of reconstruction bank in case of default 40 enforcement of claims by the reconstruction bank 41 power of reconstruction bank relating to property offered as transfer collateral security 42 power of reconstruction bank to appoint directors or administrators of an industrial concern when management thereof is taken over 43 effect 01 notified order under section 42 clauses44 powers and· duties of directors and administrators 45 no right to compensation for termination of contract of managing director, etc 'application of act 1 of 1956 - 7 restriction on filing of suits for dissolution, ~tc, of ~ industrial concern not being a company wben its management is taken over ~8 ooidal assignee or receiver not to be appointed without the consent of the reconstruction bank 49 power of central government to grant relief in the case of certain assisted industrial concerns 50 power of high court to authorise reconstruction bank to prepare scheme for reconstruction, etc, of industrial concern 5! chief metropolitan magistrate and district magistrate to assist reconstruction bank in taking charge of property chapter ix miscellaneous52 effect of the act on other laws 53 act 43 of 1961, act 7 of 1964 and act 45 of 1974 not to apply to reconstruction bank 54 law relating to winding up not to apply to the reconstruction bank 55 act 18 of 1891 to apply to the books of the reconstruction bank 56 certain provisions of act 10 of 1949 not to apply to reconstruction bank 57 act 54 of 1969 not to apply to the expansion or amalgamation of certain undertakings 58 returns 59 delegation of powers 60 staff of the reconstruction bank 61 obligations as to fidelity and secrecy 62 provident fund 63 indemnity of directors 64 protection of action taken in good faith under this act 65 chairman, director, etc, to be public servants 66 penalty for making false statement in applications lor loans and advances 67 oftences by companies 68 power to make rules clauses69 power of reconstruction bank to make regulations 70 power to remove difficulties 71 amendmt'"ot of certain enactments 72 substitutio:c in acts, rules or regulations of the reconstruction bank in place of the corporation the first schedule the second schedule the third schedule billto provide for the estabzishment of the industrial reconstruction bank of india, and for the transfer to, and vesting in, the igid reconstruction ban1e, of the uncfertaking of the corporation 1mo1dn c&3 the industrial reconrtntction corporation of india limited, with a view to enabling the said reconstruction bank to function as the principal credit and reconstruction agency for industtial reviwl and to coordi?tgte similar 'work of the other institutions engaged therein and to assist and promote industrial development, and to rehabilit4te industrial cotlcerns and for matter, connected therewith or incidental thereto be it enacted by parliament in the thirty-ftfth year of the republic of india as follows:- chapter i preuminuyr 1 (1) this act may be called the industrial reconstruction bank ,j of india act, 1984 short title and commencement (2) it shall come into force on such date as the central government may, by notification in the oft1clal gazette, appoint, and dift'erent dates may be appointed for dift'erent provisions of this act 2 in this act unless the context otherwise requires,-l)eftni· tiona (a) "appointed day", in relation to any provision of this act, means the date on which such provision comes into force and any reference to the appointed day in any provision of this act shall be construed as a reference to the commeneement o~ that provision; 5 (b) "assistance" means any direct or indirect financial, managerial or technical assistance granted by the reconstruction bank in pursuance of any business referred to in section 18; (c) "assisted industrial concern" means any industrial concern to which any assistance has been given by the reconstruction bank; 10 (d) "board" means the board of directors ot the reconstruction bank; (e) "charge" includes a charge referred to in section 37; <i) "corporation" means the industrial reconstruction corporation of india limited, a company formed and registered under the '5 companies act, 1956, and having its registered office in the state of 1 of 1956 west bengal; (g) "development bank" means the industrial development ,';·bank of ulia, established under section 3 of the industrial development bank of india act, 1964; 20 18 of 1964 (h) "dues" means any dues payable by any person to the reconstruction bank in relation to any assistance given by, or any bond or debenture issued to, the reconstruction bank, and includes interest, rent, costs, charges and coinmission payable in relation , thereto· ', , 25 (i) -"industrial concel'll"- (1) means any, concern en&apd, or to be ~ged,in-(i) ih~ ~an':liacture, preservation or process~g of joods; (ii) shipllli\g;· (iii)" mi~g; (it,) the hotel industry; (v) tl;le trans~rt of ~engers or goods ~y toad or hy water or by air or by ropeway or by lift; (vi) the generation or distribution of electricity or any other form of power; 35 (vii) the maintenance,· re~ir, testing or servicing of machinery of any description or vehicles or vessels or motor boats' or trailers or tractors; (viii) assembling, repairing or packing any· article with ~e aid of ~acbineiy or power; 4d (ix)the development of any contiguous -area of land bi an industrial estate; (x) fishing or prov\ding shore facilities for fishing or maintenanee thereof; (xi) providing special or technical knowledge or other services for the promotion of industrial growth; or (xii) the research and development of any process or product in relation to any of the matters aforesaid, (2) and includes-5 (i) an undertaking owned, controlled or managed by a company, finn or other body corporate, which is, or is to be, so engaged, (ii) such other concern as the central government may, by notification in the oftlcial gaiette, specify in this behalf explrmation-the expression "processing of goods" includes any art or process for producing, preparing or making an article by subjecting any material to a manual, mechanical, chemical, electrical or any other like operation; 15 (j) ~nationalised bank" means a corresponding new bank as defined in section 2 of the-(i) banking companies (acquisition and tranrfer of undertakings) act, 1970; 5 of 1970 20 40 of 1980 (ii) banking companies (acquisition and transfer of undertakings) act, 1980; (k) "prescribed" means prescribed by rules made under this act; 1 of 1956 (l) "public financial institution" means a public financial institution specified in, or under, section 4a of the companies act, 1956; (m) ccreconstruction bank" means the industrial reconstruction bank of india, established under section 3; (n) ccregulations" means a regulation made un4er this act; (0) "reserve bank" means the reserve bank of india constituted under section 3 of the reserve bank of india act, 1934; 2 of 1934 (p) "share" means a share in the capital of the corporation; 30 (q) "shareholder" means a person registered l:ry' the corporation as the holder of a share; 2011984 (r) "scheduled bank" means a bank for the time being included in the second schedule to the reserve bank of india act, 1934; 35 23 of 1955 (8) "state bank" means the state bank of india constituted under section 3 of the statl:" bank of india act, 19&&; i( (t) "state co-operative bank" means the principal co-operative society in a state, the primary object· of which is the financing of other co-operative societies in the state; (u) "state financial corporation" means a financial corporation established under section 3 or section sa or an institution noufted under section 46, of the state financial corpor~tions act, 1961; 4~ of 19"l (v) "state level agency" means such institution or agency, operating in any state or union territory, as may be specifted as its agency by the reconstruction bank 45 chapter ii establishment oj' the industrial reconstruction bank of indiaestabliabment of there_ 3 (1) with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established, for the purposes of this act, a corporation, to be known as the industrial reconstruction bank of india ') ~onstruc­tion bank (2) the reconstruction bank shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold :jnd dispose of property, and to contract, and may, by that name, sue and be sued 10 (3) the head office of the reconstruction bank shall be at calcutta, and the reconstruction bank may establish offices, branches or agencies at any other place, whether in or outside, india 4 (1) the authoriled ("alltal or the r~on!itrudiob bak shall he rupees two hulldred crores 15 authorised capihit (2) 1be initial paid-up capital of the reconstruction bank shall be rupees fifty crores which shall be obaained,-(0) by the appropriation, oat of die usets of· tb~ corporation which staad transferred to tile reeomauetioas bak by virtue of die prowons of sectioa 5, a sam of rupees twenty crores, heidg an 20 diiioddt equal to the amount paid-lip on the shares of tb~ corporation: (b) by the coiiversioa, to the eut of rupees twenty c:rores, of the 108115 gnated by the central goftrdment to tbf! corporation mto the capital of die rec:odstnlc:tion baak: and (c) by the subsc:ripdod, by the central goverdmeat, to die paid- 2:) up capitas of tile rec:oastruction 8adk, of a sum of rupees ~a nores (3) the rec:oastmdioa bak may '-crease its paid-up capital b~' -killa furdler isiue of of sach iiblouilt as it may tlaink expedieat bu in doing 80, die rec:cmstruction 8adk ibaii ensure that its total c:apltftl does not, in any c:a,e exceed its authorised capital 3() (4) the eatire paid-up capital of the rec:odstructiod bank shall be wholly subscribed by and allotted to, the central govemmert chapter litacquisition and transfer of the undertaking of the industria': reconstruct;on corporation of india limited 35 5 (1) on :'ll~h date as the central government may, by notit1cation in the official gal,ctte, "ppoint, the undertaking of the corporation shan itand tran'ferred 10 and ~hall vest in the reconstruction bank (2) f:or the transfer to, and vestina in, the reconstruction bank uf 40 tbe und~rfaldng of the corporation, the corporation shall be' given, ill· cash, by the c~tral government ad amount equal to the amount of the lotal ~id-up capital of tbe corporation under takinlof the cnrporation to be transferred to the reconstruet:on hpilk (3) the lindc!laking of the corporation shah be deemed to inclulie at; assets, husine:s, right" powers, authorities and privijeges and all r>ro- " perty movable and immovable, cash balances, reserve funds, investments, book-debts and all other rights and interest<; in, or ",irising out of, such property as were, immediately before the appointed day, in the ownership, possession, power or control of the corporation whether within or outside 5 india, and all books (if account, registers, records, and all other documents of whatever nature relating thereto, and shah also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the corpof,ation in relation to its undertaking (4) unless otherwise expressly provided by this act, all contracts, 10 deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature' subsisting or having effect immediately before the appointed day and to which the corporation is a party or which are in favour of the corporation, shall be of as full force and effect againsf or in favour of the reconstruction bank, imd may be 15 enforced or acted upon as fully and effectually as if, in theptace of the corporation, the recorutruction bank had been a party thereto or as if they had been issued in favour of the reconstruction bank (5) if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to the business of the undertaking which has ~o been transferred under this section, is pen:ding by, or against, the corporation, the same shall not abate, be discontinued or be, in any way, prejudicially deete<! by reason of the transfer of the undertaking of the corporation or of anything contained in this act, and the suit,' appeal or other pr()oo ceeding may be c~ntinued, prosecuted apd enforced by, or against, the re-25 construction bank to (1) the central government may appoint, on or·after the appoint- eel day a suitable person to take over the management of the corporation b''t11! pui'pose of winding up of the corporation, and, where any penon is 80' 'appomted, it shall be the duty of such person to bring the operations 30 of the ~ation to a close, realise the amounts payable to the corporanor uncidr sub-section (2) of section 5 and distribute the said amount -to the sharbholdcrs in accordance with their rights and interests, and after such realisation and distribution, to obtain the order of the central giyv-ernment for the dissolution of the corporation pow of central governmentto authorl - pel'ion to take over the manaaemeat of the corpordiod 35 (2) for the purposes of sub-section (1), the person appointed under that sub-sectionshau have such powers and duties of the official liquidator under the compallies act, 1956, as are necessary to give effect to the provisions of sub-section (1) as if the corporation were being wound up by the court and, for this purpose the provisions of the companies act, fo 1956 shall apply, subject to the modification that for the word "court", wherever it occurs, the words "central government" shall be substituted ' (3) when any person is appointed by the central government under sub-section (1), to take over the majulgement of the corporation,-(a)' die provisions of ~he companies act, 1956, or of any other law for the time being in force, or any instrument having effect by virtue of any act, or other law, shall, in so far as they are inconsistent with the provisions of this act, cense to apply to,· or in relation to, the corporation; (b) all persons holdillg office as chairman and managing 50 director and other dir~ctors, of the corporation, immediately befolw tho appointment of the person under sub-section (1), shall be qeemcd to have vacated their offices as such (4) notwithstanding anything contained in this act or any other jaw for 1he1ime being in force or in any agreement or contract, any period iablding, immediately before the appointed day, office as the chairmlb 5 fit'director of the corporation, who vacates his office as such on the appointed day by reason or the provisions of sub-section (3) shall not be _titled to any compensation from the reconstruction bank for the loss or oidee or for the premature termination of any ~greement or contract retating to his employment, except such compensation or other benc8t 10 ~ch the reconstruction bank may grant to him, bavida regari to wbi ' that penon would have 1'eceived as an officer of the corporation if tbl,a a"tt had dot been pa~sed and if he had retired from" his employment in the oramary course 7 (1)' save as otherwise provided in sub-section (3) of seotion 6 15 every officer or other employee of the corporation shall beco~ on and from the appointed day, an officer or other employee, as the case may be, of the reeonstruetton bank and shall hold his offtoe or servi'ce in that biilk on the same tenns and conditions and with the lame rights to gratuity aii'4' dtbtt matters as would have been admissible to bim, if the ~takid& !zo of'the·corporation had not been transferred to and vested'in the recona truet:hm bank, and continue to do 80 unless ann until his employment 1n the lteconstruction bank is duly tenninated or until 9 his remuneration, terms and conditions are duly alt'!ted by the reconstruction bank: , ' ' eftlle ~­ , a 011 9 & jimii,pnmded'thbt an officer or other emtjlovee who dma not intend to 25 coiiiaue as an emolovee of the'reconstruction bank mav,widrin 1limty "';'from the iibjx>inted day, serve a notice of hii intention· to the ~etlod·'bank and, on the expjry of the period of thirty da,'fiout,the dme of service of the notice, he shall cease to be an emplovee of die reeonstruction bank and on such cesser, superannuadon and· - __ !so benefits due to him under the terms of his emolovment ihall be psidto him forthwith by the reconstruction bank as if he had retind ,from -viae (2) any person who on the aonointed day is entitled to, or is in recemt of any superannuation or comoassionate allowance or benefit from the corporation or anv urovident ot' other fund or anv iiiut110rltv adm"\il- 35 terine: such fund shall he entitled to be "aid bv and to receive from the reconstruction ranle or anv provident or other func:! or anv authority a4:' minist!lrin2 such fund the same allowance or bf!nefit so lonq' a~ be ovlleryes the conditions on which the allowance or benefit was qt,ulted and if anv qoertion arises whether he has so observed such conditions the question 40 shan be determined bv the (",cntral government and the decision of the central government thereon shall be final (3) where, under the terms of any contract :qf service or otherwise any ~ whose service becomes transferred to the reconstruction bank bv reason of the nrovi~ions of this act is entitled to anv oavment bv wrv ·"5 of 2ratuitv ot' retirement benefit or compensation for pl1v 1e'lve i10t availed of~ or any other ~neftts su~h rerqon m'ly enfol'('~ hi~ ~laim against (,,,\ reconstruction bank (4) notwjthstandin~ anything contained in suj>section {l j or sub-"~"'ction ('2) no ap1'1icatio!'" made or rrnmotjo~ increment in s 1\1 ary 311ow- 50 anee or any other benefit granted to any person, before the awpinted day, which would not ordinarily have been made or granted or which would not ordinarily have been admissible under the rules or authorisation pf the corporation, or of any provident other fund in force prior to the appointed day, &hall have effect or be payable or claimable from the 5 reconstruction bank or from any provident, or other fund or from an authority administering such fund, unless the central government has, by general or special order, confirmed the appointment, promotion or incremealt or has directed the continued grant of such allowance or other ben~ 10 fit, as tite case may be (5) notwithstanding anything contained in the industrial disputes act, im'l, or iri any other law for the time being in force, the transfer or, the services ,of any officer or other employee of the corporation to thes re· 15 coiaitmction bank shall not entitle such officer or other employee to ~ compensation under that act or other law, and no such claim shall 'be entertained by any court, tribunal or other authority (6) ,·where any person, chairman, 0r other director, by whatever name called, or other employee of the corporation has, before the appointed day, been pfrld a sum by way of compensation or gratuity, the r,& 20 construction bank shall be entitled to claim refund of any sum so paid, jf'the ,payriient is not confirmed by the central government by general or speeialorder -,-(7)wh,ere one or more provident funds have been established ,9r maintained, by the corporatioh or any other authority, for the benefit ,of 25 its officers and other employees, the money debitable to the oftloera and other employees whose services have become transferred, by, or under thlsact, to the reconstruction bank, shall, out of' the mpnies standing on the appointed day to the credit of such provident f'tuid, atand transferred to, and vested in, the provident fund established, b7 the" j:teconstruction bank, under section 62 (8) where a superannuation, welfare and other funds have been 30 established by the corporation for the benefit of its officers or other employees' whose services stand transferred to the reconstruction bank, the amount standing to the credit of such fund shall stand transferred on· the appointed day, to the reconstruction bank for distribution to the concerned officers or other employees in accordance with their righf6 and £~ obugations 8(1) as soon as realisation and distribution of the amount have , been made under section 6, the person appointed under sub-sect1on (1) of , that section shall submit ,his duly audited account to the central govern -to ment and shall apply to that government for orders as to the dissolution of the corporation (2) the celltral government shall, after hearing such person as it xgay think fit, and jlpon perusing the accounts so audited, if satisfied that :~t ha~ been realised and distributed in accqrdance with the provi 45 atolls of this act, make an order that the corporation is dissolvt"d from the elate of the order and the corp~ration shall stand dissolved accordingly (3) a copy ,of the order made by the central government for the dissolution of the corporation sball be filed by the reconstruction bank 50 with the registrar of companies within thirty days from the date of ~uch order, and the registrar of companies shall give effect to the said order u if it were an order made by the court for the dissolution of the corporation ( 4) the provlslons of this section shall' have effect, notwithstanding anything to ·the contrary contained in the companies aot, 1956, or in any other law for the time being in force chapter iv management of the reconstruction bank5 9 (1) the general superintendence, direction and management of the affairs and business of the reconstruction bank shall vest in a board of directors which may exercise all powers and do all acts and thin whjch may be exercised or" done by the reconstruction bank (2) save as otherwise provided in the regulations made under this 10 act, the chairman shall also have powers of general superinteadence, direction and management of the affairs and business of the reccmstrw> tion bank and may also exercise all" powers and do all acts and thin" which may be exercised or done by the reconstruction bank (3) subject to the provisions of this act, the board, in discbarzinl 15 its functions, shall act on business princip1es with due regard to' public interest (4) in the discharge of its functions under this act, the rccodstruction bank sha11 be guided by such directions in matters of policy mvomq public interest as the central government may give to it in writing, and $i if 'any dispute arises as to wheth~ a ques~9n is or is not a questi9ll ot 0 such policy, the dispute shall be decided by the central government whose decision thereon shall be final 18 (1) the board shall consist of ihe following, namely:-(a) a chairman, to be appointed by ,the central goven1medt, who shall\ function both as the chait'll181i alftl as the" manajin !2,5 director; ' , (b) a deputy, governor of the reserve bank, to be nomiaaied by that bank ; (c) a director, to be nominated by the j:)cwlopment bank; 30 (d) not more than fifteen directors to be ~lod by the central government, of whom--(i) three shall be officials of the central govcl'didiiilt, (ii) not more than three shall be from the public finbllcia! institutions, 35 (iii) not more than five shall be from the state bank, nationalised banks and the state financial corporations, (iv) not more than four shall be from among persons who have, in the opinion of the central government, special lmowledge of, and professional experience in, science, technology, eco: nomics, industry, industrial co-operatives, law, industrial finlldce',4o investment, accountancy, marketing 01' any other matter, the specialknowledge of, or professional experience in, which would, in the opinion of the central govemment~ be useful to the reconstruction bank 45 (2) a director nominated under sub-section (1) shah hold office tluring the pleasure of the authority nommatioi him 11 no person shall be qualified to be a member of the board if-(a) he has been removed or dismissed from service of-(i) government, or (ii) reserve bank, state bank or any other bank, or 5 (iii) any public financial institution or state financial corporation, or (iv) any other corporation owned or controlled by government, on a charge cf corruption or bribery; or 10 \ (b) he is, or at any time has been, adjudicated an insolvent or b«s suspended payment of his debts or has compowlded with his creditors; or (c) he is a lunatic and stands so declared by a competent court; or 15 (d) he is or has been convicted of any offence, which in the opinio~ of the central government, involves moral turpitude 12 (1) the choirman shall, hold offtce for such term not exceedjde ftve yean as the central government may specify in this behalf and ady person so appointed shall be eligible for re-appointment ler a like term (2) notwithstantiing anything contained in sub-section (1) ,-20 :25 (a) the central govemment !ihad iaav~ the right to termiaate the term of of6c=e of the chairmau at y time before the apiry of the term specified udder sub-sectiod (1) by giving bbn d~ of dot leal dum three moatbs writlag or three montbs salary and allowances in lieu of such notice: and the cjudnaad shad also have tile right to relinquish his ofilce at ady before the expiry of the term specified ~ sub-aection (1) by giving, to the central govemmeat, notic:e of not less than three molltbs ia writing; (b) the central government may, at any time, remove the chainnan from office: 30 pro\< ided that, no person shall be removed from his office under this clause, unless he has been given a reasonable opportunity of showing cause against his removal'i (3) where any vacancy occurs in the oftlce of the chairman, the 35 central government shall appoint a suitable person to discharge the functions of the chairman ,",' (4) when the chairman is unable to discharge his function • owing to absence, illness or any other cause, the central government may appoint a suitable person to function as the chairman until the day on which the chairman resumes the charge of his functions 40 (5) the chairman shall be a whole-time officer of the reconstruction bank and shall receive such salaries, allowances and other benefits, and shall be subject to such other terms and conditions, b!'1 may be determined hy the central government: provided that the board may, if it is of opinion, that it is necessllry in 45 the public interest so to do, permit the chairman to undertake, at the request of the central government or the reserve bank, such par-time honorary work as is not likely to interfere with his duties as chairman dildosure of interest 13 norn~mber of the board shall have an intere3t, direct or iadtitd in any buainess,industry' or concern to which any assistance bas been given or is to be given by the reconstruction bank under this act and if any such mf:!mber acquires such interest at any time during the continuance of's~h 'qssi'stance,he shall immediately disclose it to the board and 5 shaie'ither· resign his me1nbership of the board or dispose of his interest in such manner and within such tjme as the board may direct meettn, of the boards if (1) the board shall meet· at such times and places and shall observe such rules of procedure in regard to the tranl>8ction of busineas at its meetings as may be provided for in the regulations 1& '! i (2) if, for any reason, the chairman is· unable to attedd ajly, ~ of the board, any uther director nominated by the chairman intbtabeba1f, and in the absence ~f such nomination, any director elected by ,the -curectors, present from amongst themselves, shall preside at the meetjd&: (3) all questions which <-'orne up before any meetiftg of the obard '5 shall bede<!ldedbya' majority of vtjtes of the directors pre8ent' ai14 voting, and in the e';ent of an equality of votes, the chairman, or, in btl ableftce, the person presiding, shall have a second or casting vote (4) $ave as otherwise provided under ~ub-section (), every director' of the board shall have one vote ~f 15 (1) the board may constitute an executive committee,eonsistinc =-of s\1ch number of directors as may be~ provid(!d for in the regujatiou other eommittees (:~) the executive committee shall discharge such fudctions asmay be provided for in the regulations, or, as may be delegated to it, };)y the board (3) the board may constitute such other committees, ~hether, codsisting only of direckrs or only of other persons or partly of direefors"add partly d other persons, for such purpose or purpose~, as it may think fit (4) i the executive committee ar any other committee coditittlted under this sectton shull meet at such times and places and shall ~bsetve , sucih ru1esof procedure in ~jard to the transactio~ of business at its meeti~g'l as may be provi~ed for in the regulations 16 (1) no act or proceeding of the board or of any executive or committee constituted by it shall pe invalid merely on the ground oftlae existence of any vacancy in, or any defect in the constitution ot, such &ard or conunittee, as the case m~ be 35 -(z) all acts done by a person acting in good faith as a member of the board or of any committee constftuted by it shull be vaud,riotwftb standing that it may aferwardsbe -discovered that hisappoiutment 'wls invalid by reason of any defect or disqualification or had 18nnlnated by;fo ~rtaeof any provision of this act or any -other law tor tbe time·betaft in force: prvvidedthat nothing in this'section shall be deemed to' give ,v~tfdjty to any act of a member of thef board or of any committee after his a~t ment has been shown to the reconstruction bank to be invahd orto'hrie ~~~~~ 6 existence olvacancyin or detect !nthe constitution of, the board ordeted ordtl qllluftca tionofa member not toinvaudale the proceedinls oube dord if tho dire:tors and members of the committee shall be paid such ftii aad allowances as may be provided for in the regulations for attending the mcdings of the board or of any committee constituted in pursuance of thi$ ac;t or for atteqd4ti to any other work of the reconstruction bank: fee atd ~, directorw and membel- of cojq mluees 5 provided that no fees shall be payame to the chairman or to any other director or member who is an official of the government, or to a deputy ooyernor of the reserve bank or to an~cial of the development bank or reconstruction bank: chapter v 1 oiijects of, and business to be transacted by, the reconstruction bawkobjects and buaineas of the he-colllkruc_ bank 1& (1) the reconstruction bank shall function as the principal credit aqd reconstruction agency for industrial revival by undertaking modemisadon c:p:p8dsion, re-organisation, diversification or rationalisation of indus-'5 ~; id¢ by co-ordinating similar work of other institution:- engaged ti'lenmt and sh,8ll assist promote industrial development, reconstruction and revival, and undertake rehabilitation of industrial concerns, by providing or procuring assistance and opc:rating schemes for the same, and may, for ,at4uning the said objects, carry on and trsnllact all or any of the follow-:lq in, business, namely:- \ (a): granting loans and advances (including working capital) to any industrial concern or subscribing to or purchasing ,or underwrltini the issue of stocks, shares bond~ or debentures of any indus~ trial concern or converting the dues in respect of such loans or de~ ;; bento-res into the shares cyf any industrial concern; (b) guaranteeing' counter-guaranteeing or providing indemnity, as the case may be, in respect of-(i) loans raised by an industrial concern from any scheduled bank or state co-operative bank or any public financial inlstitution or any other prescribed institution or agency in or outside, india; (ii)' deferred payments due 'from an industrial concern; (iii) the performance obligations of any contract undertaken by an industrial concern, including repayment of any a4vance obtained hy such tndustriul concern in connection with such contract; (c) subscribing to or purchasing or imderwriting the issue of stocb, shares, bonds or debenques of any institution which may be notified by the central govemm~jlt in this behalf; (d) providing credit to any state level agency or other prescribed institution or agency for grant of loans and advances to industrial concerns; (e) providing or obtaining credit from other public financial institutions scheduled banles and state co-operative banks, for grant of loans and advances to or to furnish guarantees on hehalf of the industrial concern: (f)' providing infra-structural facilities and raw materials: (g) providing machinery and other equipment on lease or hirepurchase basis; i au":) ~vi=:~rec'!~:;c::t =;:;:'::"'oin := i industrial concern or indbstry ill general:~ (;) accepting or discounting of bills of exchange and promissory i notes, made, drawn, accepted or endorsed by any industrial concern 5 l' or by any person selling capital goods mapufactured by one indus-1: trial concern to another industrial concern; , (j) promoting, owning, taking over, managing and acting u authorised person, where so appointed by thcceatral government, to manage an industrial concern, including ancillaries; 10 (k) transferring or acquiring for consideration any instrument relating to loans and advances; (i) providing technical, legal adminjstrative and marketing assistance, promoting, assisting and financing mergers, amalpmation or reconstruction of an industrial or business concern or undertbkid&; 15 (m) providing managerial assistance to in4ustrial concerns including nationalised undertakings by deputing omccrs -from its own cadre or a separate management pool constituted for the purpose; (ii) undertuing r~ch and surveys for enaluatiag or deal"" with marketing or investments, carrying on tecbno-cconomic studies 10 in connection with reconstruction ~ development of industry and establishment of institutes for such purpose including training of pet'ioildd ; (0) granting opening, issuing confirming or cndoraing «etten of credit and negotiating or collecting bids and otber documents drawr sl5 thereunder; (p) forming, or contr~ of subsidiaries for carryida out ally of ita functions or to carry on such other activities comjucift to its businc:ss; ( q) acting as an agent of-30 (i) centra! government or state government; (il), reserve bank, state bank, scheduled bank, state cooperative bank public financial institutions, ~ate financial corporations; (iii) such other government or person as the central 35 government may authorl$e; and to appoint one or more of those institutions or ,agencies, or any other pr-ccribed person, as its agent; i (r) performing functions entrusted to or required of it by central government ullder this act or any other law; 0 (s): doing any kind of business or assignment in or out5i~ the country which the central government may authorise; (i) conceting information from all concerned agencies relating to industt"ial sickness and industria] development; (ul) preparing guidelines to assist the central government in formulating policy framework to reconstruct, revive or rehabilitate industrial concerns or any industry; (v) granting loans for housing and· other purposes to the om-5 cers and other employees (including persons employed on contract) of the reconstruction bank; - (w) generally doing such other acts and things as may be incidental to or consequential upon the exercise of its powers or of its duties under this act or any other law, including sale or transfer of 10 any o(its assets (2) the reconl)truction bank may receive in consideration of any of the services mentioned in sub-section (1), such comnussjon, brokerage, interest rent, remuneration or fees, as may be agreed upon (3) the reconstruction bank shall not grant any :(oan or advance 15 or other assistance on the security of its own bonds or debentures prohibited business 19 (1) the reconstruction bank shall not enter into any kind of business with any indu~trial concern, of which any of the directors of the reconstruction bank is a proprietor, partner, director, manager, agent, employee or guarantor, or in which one or more directors of the reconstruction bank together bolds substantial interest: 20 provided that this sub-section shali not apply to any indusitrial concern if any director of the reconstruction bank-(i) is nominated as a director of the board of such concern by government, or a government company, or by the reconstruction bank or by a corporation established by any other law, or (ii) is elected as a director on the board of such industrial concern by virtue of shares held in that industrial concern by government, or a1 government company, or by the reconstruction bank or by a corporation established by any other law, 30 by reason only of su~h nomination or election, as the case may be explanation '-"government company" has the meaning assigned to it in section 617 of the companies act, ) 9 5 6 1 of 1956 explanation 1i-"substantial interest" in relation to any industrial concern, means the beneficial interest held by one or more of the directors of the reconstruction bank or hy any relative as defined in clause· (4tt ~ 35 of section 2 of the companies aer, 1956] of such director whether singly or taken together, in the shares of the industrial concern, the aggregate amount paid-up on which either exceeds five lakhs of rupees or five per cent 0{ the paid-up share capital of the industrial concern, whichever is the lesser 40 (2) tile provisions of sub-secti9n (1)-45 (i) shall not apply to any industrial concern as spe~ified there~n if the reconstruction bank is satisfied that it is necessary in t~e p~bhc inferest to enter into business wirth that concern, and ent~nng mto any kind of business with such industrial concern shall be 10 accord- d l' t' as may be ,ance with and subject to such conditions idl1 iffilta ions provided for in the regulations; (ii) shall apply only so long as the conditions precedent to such disability as set out in the said sub-section continue 20 'ike central govemment may, after due appropriatioa made by parii t by law in thk behalf, advaace to the reconstruction bank inteftsi free loans or lonns with int,~rest on such terms and conditions, as 5 may be aweed uponloans by central government 21 (1) the reconstruction bank may for the purpose or carrying out its functions under this act-(a) issue nnd sell bonds and debentures with or without guarantee of the central government; jo (b) borrow money fwm the reserve bank-borrow_ ingand acceptanceof deposits by the reconstruction bank (i) repayable on demand or on the expiry of fixed period~, not exceeding ninety days 'from tfte date on which the money ]s so borrowect ug:ainst the security of stocks, funds a~ secul'~ties (other than immm'abh property) in which a trust~e is authons~d 15 to invest trust money by any law for the: time hemg 10 force m india: (i;) against bills of exchange or promissory notes arising out of bona fide commercial or trade transactions, bearing-two or more good signatures and maturing within five years from the 20 date of borrowing; (iii) for any other purpose approved by the central government in accordance with the provis~ons of the reserve bank of india act, 1934; 2 of 1984 (c) borrow money from !;uch other authority, "org~njsation, insti- 25 tution or trust in india as may be generally or specially approved by the central government; (d) accept deposits repayable after the expiry of a period which shall not be less than twelve months from the date of making of the deposit on such terms as may be generally or specially approved go by the recwerve bank (2) the central government may, on a request being made to it by the reconstruction hank, guarantee the bonds and debentures issued by that bank as to the repayment of principal and the payment of interest ht such rate as may be fix'ed by that government 35 (3) notwithstanding anything contained in any other law for the time being in force, the bonds and debentures issued or sold bv the reconstruction bank shan be approved securities for the purposes ·of the indian tr\lsts act, 1882 the lmurance act, 1938 and the banking regulation act, 4! of 1938 1949 : ; i , ~ 40 10 of 1949 power to lran~ fer rights 22 the rights 'and interests of the reconstruction bank (including any other r!ght~ incidental thereto) in relation to any loan or advance grar:tted or any amount recoverable, by it may be transferred hy the reconstruction bank, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument by endorsement, or 45 in any other manner in which the rights and interests in· relation to such loan or advance may be lawfully transferred, and the re:::onstruction rank may notwithstanding such transfer act as the trustee of the transferee loans in foreign currency 23 (1) notwithstanding anything contained in the foreign exchange regulation act, 1973, or in any other enactment for the time being in force relating to foreign exchange, ute reconstruction bank may, tor the purpose' 01 grantmg joans ana advances under this act, borrow, with the previous consent 01 the central government, foreign currency from any bank ,or linanc131 instltutlon ill any foreign country or as otherwise prescnoed (2) the central government may, where necessary, guar,antee auy loan, taken by the reconstruction bank under sub-section ~1), or ani part thereuf, as to the repayment of principal and payment of interest an! other lllcidcntal charges ' 10 (3) all loans and advances granted by the reconstruction)3ank out of foreign currency borrowed unaer sub-section (1), shall be expressed in terms 01 (oreign currency ~ equivalent of indian currency, calculated in accordance with the rate of exchange pr,evailing i!f india at the time of grant thereof, and the ~uullt due thereunder shall be repayable in equiva-15 lent indian currency, calculated in accordance with the rale of ex::hange prevailing in lndia at the time of repayment of such loan or advance ( 4) any loss or profit in connection with any borrowing of foreign currency under sub-section (1), for the purpose of granting loans and 20 ,advances wlder this act, or' with its repayment to the concerned foreign lending agency, on account of any fluctuations in the rate of exchange accruing-(a) during the period within which the loan or advance is repayable by the industrial concern or the period of actual repayment thereof by the concern, whichever is longer, shah be reimbursed by, or paid to, , as the c,ase may ,be, the recipients 01 such loans ami advances (b) after the expiry of the period specified in clause (a),-(i) shall be borne by the reconstruction bank in respect of normal market fluctuations in foreign exc~; (ii) shall be reimbursed by, or paid to as the case may be, the central government in respect of fluctuations other than the normal market fluctuations in foreign exchange explanation-if any ques~on arises as to whether any fluctuation as aforesaid is a norlual fluctuation or not, the same ,shall be decided by the 35 central govcmment whose decision thereon shall be fin,al 24 the reconstruction bank may receive gifts grants, donations or grants, benefactions from government 01' any other source donations, c~ervletc, to the reconstruction bank reconstruction assistance fu!lid40 25, with effect from the appointed day, the reconstruction bank shall,· reconestablish a special fund to be called the reconstruction assistance fund struction assistance fund 28 to the reconstruction assistance fund shall be credited-credits to thereconstruction assistance fund (a) all amounts ~ived for the purposes of that fund by way of loans, gifts, grants, donations or benefactions from government or any other source; (b) repayments or recoveries in respect of loans, advances or 5 other facilities granted from the fund; (c) income or profits from investments made from the fund; and (d) income accruing or arising to the fund by way of interest or otherwise, on account of the application of the fund in accordance with the provisions of sect~on 27 10 utilisation of reconatru:tion aasistance fund 27 (l) where the reconstruction bank considers it necessary or desirable so to do, it may, subject to the prov:sions of iub-\iections (3) and (4), disourse or spend from the reconstruction assistance fund any amount on account, or in consequence, of the grant of any loan or advance or on account, or in consequence, of entering into any arrangement, 15 under section 18: - a: provided that before granting any such loan or advance to an industrial concern or entering into any '8uch arrangement with or in relation to an industrial concern, the reconstruction bank shall obtain the prior approval of the central government 20 (2) where the reconstruction bank considers it necessary or desirable so to do, it may, subject to the provisions of 'iub-section$ (3) and (4) disburse or spend from the reconstruction assistance fund any amount for one or more of the purposes s~fied in section 18 (3) before seeking, the appr~val of the central government under 25 sub-section (1), the reconstruction bank shall satisfy itself that the banking or other financial institutions or other agencies are not likely to grant such loan or advance to the industrial concern or to enter into any such arrangement with or in relation to the industrial concern in the ordinary course of business 30 (4) the central government shall, before giving its approval, satisfy itself that such loan, advance or arrangement is necessary as a matter of priority in the interests of industrial reconstruction, revival, rehabilitation or development t (5) for the removal of doubts, it is hereby declared that nothing 35 contained in this section shall be deemed to preclude the ~onstruction bank from granting any loan or advance or· from entering into any arrangement under clause (a) or under clause (b) of sub-section (1) of section 18, without the approval of the central government, if do amount in respect thereof is to be disbursed or spent from the recon- 40 atruction assistance fund 28 (1) to the reconstruction assistance fund shall be debi-ted-(a) such amounts as may from time to tinle be disbursed or spent under section 27; debits t() r-ecoastruction assistaace fuad (b) such amounts as may be required for discharging the 5 liabilities in respect of loans received for the purposes of that fund; (c) any loss arising on account of investment made out of that fund; and (d) such expenditure arising out of or in connection with io the administration and application of the fund as may be determined by the board (2) no amount shall be debited to the reconstruction assist~ce fund except as provided for in sub-section (1) 29 (1) the balance-sheet and accounts of the reconstruction assis-15 tance fund shall be pl"e!pared in such form and manner ;4 may be provided for in the regulations accounts and audit of reconstruction assistance fund (2) the board shall cause the hooks and accounts of the fund to be closed and balanced as on the 30th day of june each y~r (3) the reconstruction assistance fund shall be audited by one or 20 more auditors appointed by the central government under section 34, who shah make a separate report thereon (4) the provisions of sulrsections (2), (3), (4) and (6) of section 34 shall, so far as may be, apply in relation to the audit of the reconstruction assistance fund, as they apply to the audit of the accounts of 25 the reconstruction bank (5) the reconstruction bank -shall furnish to the central government, within four months from the date on which the accounts of the fund are closed and balanced, a copy of the balance-sheet and accounts together with a copy of the auditors' report and a copy of the report 30 on the operation of the fund during the relevant year and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament 30 t!te rm:onstruction assistance fund l:>hall not be closed or wound up save by the order of the central government and in such 35 manner as that gov'ernment may direct chapter viiliquidation of reconstruction assistance fund general fund accounts and auditgenual fund 31 all receipts of the reconstruction bank other than those which are to bc credited to the reconstruction assistance fund under this 40 act shall be credited to a fund to be called the general fund and all payments by the recon'struction bank, other than those which are to be debited to the reconstruction assistance fund, shall be made out of the general fund 32 (1) the balance-sheet and account of the reconstruction bank 45 shau be prepared in such form and manner as may be provided for in the regulations preparation of accounts and balance-ibeet (2) the board shall cause the books and accoulltli of the reconstruction tiank to be closed and balanced as on the ~oth (jay of june eaen year j:j ~1) the reconstruction bank may establish a reserve fund wlucl"l may be translerrect such sums as mat bank may deem tit out of 5 the annual prohl::; accrumg to the lzenel'al ~'und disposal of profits accruing to general fund (2) after making provision for bad and doubtful debts, depreciation of assets and lor au other matters tor which pl'ovlsion is necessary or expedient or wnich is usually provided lor by bankers and ior the l·e~erve lund reletrect to ill sub-section· v), the reconstruction bank 10 shajl tl'ansler the balance of the net profits to ,the central government audit ~ (1) the accounts of the reconstr~ction bank shall be audited , by aui1hol's duly qualil1ed to act as auditors under iiuo-sectlon (1) 01 i)ectloll ~:::b 01 tne ~ompanies act, 19;'0 who shall be appointed by the 1 of 1956 ~entral uovernment lor such ,term and on such ,remuneration as the 15 l,;entral uovernment may fix i '(z) the auditors snall be supplied with a copy of tlu~ annual balance-sheet of the reconstruction bank and it shall be their duty 10 examme it together with the accounts and vouchers relating thereto and tney shah have a !iiit delivered to' them of all books kept by the 20 lteconstructlon tiank and shall at all reasonable' times have ac("ess to the books, accounts, vouchers and other documents of the reconstruction l:wlk (3) the auditors may, in relation to such accounts, examine any director or any otlicer or other emplo~e 01 -the reconstruction bank: 25 and ijhal1 be entitled to require trom ,the board or officers or other employees of the }{econstructlon bank such information and explanawon as they may thmk necessary for the performance of their duties (4) the auditors shall make a report to the reconstruction bank upon the annual balance-sheet and accounts examined by them and in 30 every such report they shall state whethe,r in their opinion the balance-sheet is a full and fair balance-sheet containing all necessary particulars and properly drawn up 80 as to exhibit a true and fair view of the state of attaas of the reconstruction bank and in case they' had called tor any explanation or information from the board or any officer 35 or other employee of the reconstruction bank whether it has been given and whether it is satinactory (5) the reconstruction bank shall furnish to the ceniral government within four months from ,the date on which itt> accounts are closed and balanced, a copy of its balance-sheet and accounts together with a copy 40 of the auditors' report and a report of the working of the reconstruction bank during the relevant year, and the central government 'shall, as soon as may be after they are ;received by it, cause the same to be laid before each hou~ of parliament (6) without prejudice to anything contained in the preceding sub- 45 sections, the central government may at any time appoint the comptroller and auditor-general of india to examine and report upon the accounts of the reconstruction bank and any expenditure incurred by him in connection with such examination and report shall be payable by the reconst,ruction bank to the comptroller and auditorqeeral of 50 india 35 save as otherwise provided in sub-section (4) of section 29; no-savin, thing contained in this chapter shall apply to the reconstruction assistance fund chapter vill s spec'ial powers of the reconstruction bank36 (1) in entering into any arrangement under section 18 with an power to industrial concern, the reconstruction bank may impose such conditions impose conditions as it may think necessary or expedient for protecting the interests of the for assis-reconstruction bank, and securing that the assistance granted by it is' tanco 10 put to the best use by the industrial concern (2) where any arrangement en,tered into by the reconstruction bank with an industrial concem-p,rovides for the appointment by the reconstruction bank of one or more directors of such industrial concern, such provision and any appointment of directors made in pur~uance thereof is shall be valid and effective notwithstanding anything to the contrary 1 of 1956, contained in the companies act, 1956, or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the industrial concern" and any provision ;regard ing share qualification, age limit, number of directorships, removal from 20 office· of directors and such like conditions contained in any such law or inst,rument aforesaid, shall not apply to any director appointed by the reconstruction bank in pursuance of the arrangement as aforesaid (3) any director appointed in pursuance of sub-section (2) sha11-(a) hold ' officeduring the pleasure of the reconstruction bank and may be removed or substituted by any person by order in writing by the reconstruction bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing 'the number of directors liable to such retirement auistance to industrial concern when to operate as a charge on the property oft'ered js lieou-dty 37 (1) where any person o,r industrial concern 'seeks any assist8nce 35 from the reconstruction bank on· the sf!curity of any immovable propel"ty belonging to him or to the industrial concern or on the security of the property of some other person whose property is offered as a collateral security for such assistance" such person or indulstrial concern or, as the case may be, such other person may execute a written declaration in the 40 form specified in the fi,rst schedule stating therein the particulars of the immovable property which is proposed to be offered as security or, a's the case may be, collateral security, for such assistance and agreeing that the dues relating to the assistance, if granted, shall be a charge on such property;, and, if, on receipt of such declaration, the reconstruction bank 45 grants any assistance to the person or the industrial concern aforesaid, the due!; relating to such assistance shall, without prejudice to the rights of any other creditor holding any prior charge or mortgage in respect of the property so specified, be, by virtue of the provisions of this section, a charge on the property specified in the declaration aforesaid (2) where any further immovable property is offered as 'security for the assistance referred to in sub-section (1), a fresh declaration shall be executed, as far as may be, in the form specified in the first schedule 5 (3) every declaration referred to in sub-section (1) or sub-section (2) shall be deemed to be a document registrable as an agreement under the provisions of the registration act, 1908, and no such declaration shall 16 of 1908 , have effect unless it is so registered power to call for repayment before agreed period 38 notwithstanding anything contained in any agreement to the fo contrary, the reconstruction bank may, by notice in writing, require any industrial concern to which it· has granted any assistance to discharge forthwith in full its entire dues and also discharge other liabilities to the reconstruction bank-- (4) if it appears to the board that false or misleading inform~tion 1-5 in any material particular was given in the application for the assistance; or ·(b) if the industrial conceu'n has faued to comply with the terms of its agreement with the reconstruction bank in the mrtter of assistance; or 20 (c) if there is a reasonable apprehension that the industrial concern is unable to pay its debts or that proceedings for liquidation has been, or may be, commend!d in respect thereof; or (d) i11he property assigned, charged, hypothecated, mortgaged or pledged to the reconstruction bank as a security for assbtance is 25 not insured and kept insured by the industrial concern to the satisfaction of the rec::onstruction barlk or if such property depreciates in value to such an extent that 'rn the opinion of the board, further security to the satisfaction of the board should be given and such security is not given; or 30 (e) if, without the permission of the board, any machinery, plant or other equipment, whether 'forming part of the security or otherwise, is removed from the premises of the undcl'taking or the industrial concern, as the case may be, without being· replaced; or (1) if for any other reason, it is necessary so to do to· protect the 35 interests of the reconstruction bank rights of recons_ truction bank tn case of default 31 (1) where an assisted industrial concern, which is' under a liability to the reconstructiqn bank under any agreement with the bank, makes any ,default in the payment of any duef\, or in meeting its obligation in relation to any other assistance given by the reconstruction bank or 40 otherwise fails to comply with the terms of the agreement with that bank, the reconstruction bank shall have the right ~ take over the management, or possession, or both, of the industrial concern as the case matr be , ,7 , as well as the right to transfer by way! of lease or sale of the· property assigned, charged, hypotheca'ted, mortgaged or pledged to the' reconstruc- 45 tion bank for the purpose of realising its dues or for the revival of the industrial concern (2) any transfer of property made by the reconstruction bank in aercise of the powers conferred on it by sub-section (1) shall vest in the transferee the rights in or in relation to the »roperty transferred u ~ the,transfer had been made by the owner of such property 5 (3)' the reconstruction bank shall have the 'same rights and powel'l with, respect to goods manufactured or produced wholly or partly frodl goods fwming part of the securitty held by it as it had with respect to the original goods '_ (4) where any action has been taken against an industrial / /0 concern nnder the provisions of sub-section (1) , all costs, charges and expenses which, in the opinion of the reconstruction bank, have been properly incurred by it as incidental thereto, shall be recoverable from the industrial concern and the money which is received by the reconstruction bank shall, in the absence of any contract to the 15 contrary, be held by it in trust, to be applied, firstly, in payment of such costs, charges and expemes, and, secondly, in discharge of the d1,1es of the reconstruction bank and the residue of the money so leceived shall be paid to the person entitled thereto in accordance with his rights and interests 20 (5) where the reconstruction bank takes over the management ot possession of any industrial cone ern under sub-section (1), such industrial ,concern may sue, and be sued, in its name 40 (l) (a) where an assisted industrial concern makes any default in the payment of any dues to, or in meeting its obligation in relation to 25 any other assistance given by the reconstruction bank or otherwise fails to comply with the terms of agreement with that bank, or enforcement of claims by the reconstruction bank (b) where the reconstruction bank makes an order under section 38 requiring the assisted industrial concern to make immediate repay ment of any assistance granted to it and the industrial concern fails to 30 make such repayment," { of 1882 then, without prejudice to the provisions of section 3i1 of this act and of section 69 of the transfer of property act, 1882, any officer of the reconstruction bank generally or specially authorised by the board in this behalf, may apply to the concerned high court for one or more of 35 the following reliefs, namely:-(i) for an order for the sale or lease of the property ~igned, charged, hypothecated, mortgaged or pledged to the reconstruction bank as security for the assistance granted to it, or for the sale or lease oe any other property, of the industrial concern; or 40 (i,i) for transferring the management of the industrial concern to the reconstruction b8nk or to its nominee; or 45 (iii) fer an ad interim injunction restraining the industrial concern ,from transferring or removing its machinery, plant or equipment from the premises of the industrial concern without the previous peril1ission of the boaru, where lluch transfer ot removal is apprehended; or (i'v) for an order for the appointment 9f a receiver where there is apprehension of the machinery, equipment or any other property ot substantial value which has been assigned, charged, hypothecated, mortgaged or pledged to the reconstruation bank, being removed from the premises of the industrial concern or of being transferred , without the previous permission of the reconstruction bank (2) an application under sub-section (1) shall state the nature and extent of the liability of the industrial concern to the reconstruction bank, the ground on which it is made and such other particulars as may be necessary for obtaining the relief prayed for 10 (3) where an application is for any relief mentioned in sub-clause (i) of suljsection (1), the high court may,-(4) by an order, authorise the reconstruction bank to grant lease of such property to such person and on such terms and condi tions as may be specified in the said order; or is (b) pass an order calling upon the person whose property bat been assigned, charged, hypothecated, mortgaged or pledged to the reconstruction bank to show cause, on a date to be specified in the notice, as to why an order for the sale of such property or so muehi of such property as would, on being sold, realise in its estimation, \lo an amount equivalent in value to the outstanding dues of the ind~­trial concern to the reconstruction bank, together with costs of the proceedings taken under this section, shall not be made; or (c) pass an ad interim order attaching any property of the industrial concern which has not been assigned, charged, hypoth~ 25 cated, mortgaged or pledged to the ~construction bank, or so mucb of such property, as would, on being sold, realise in its estimation an amount equivalent in value to the outstanding dues of the industrial ~oncern to the reconstruction bank, together with costa of the proceedings taken under this section, and pass an order so calling upon the industrial concern to show cause on a date to be specified in the notice as to wby such order of ad interim attach· ment shall not be made absolute (4) where an applicatioj) is for the relief mentioned in sub-clause (ii) of sub-section (1), the high court shall issue a notice calling upon 3s the industrial concern to show cause, on a date to be specified in the notice, as to why the management of the industrial concern shall not be transferred to the ri'construction bank or to its nominee (5) where an application is for the relief mentioned in sub-clause (iii) of sub-section (1), the high court shall grant an ad interim 40 injunction restraining the industrial concern from transferring or removing its machinery or other equipment and issue a notice calling upon the industrial concern to show cause, on a date to be speclfted in the notice, as to why such ad interim injunction shall not be made abaolute (6) where an application is for the: relief mentioned in sub-claum (iv) of clause (b) of sub-section (1), the high court shall put an ad interim order appointing a receiver in respect of the property autgll ed, charged, hypothecated, mortgaged or pledged and shall issue a notice 5 calling upon the industrial concern to show cause, on a date to be specifted in the notice, as to why the ad interim order appointing the receiver shall not be made absolute (7) if no cause is shown, on or before the date speciiled in the notice iuued by the high court, the court shall forthwith-10 (a) make an order for the sale of the property which haa been assigned, clarged, hypothecated, mortgaged or· pledge to the reconstruction bank or so much of such property, as would, on being sold, realise in its estimation, an amount equivalent in value to the outstanding dues of the industrial coneern to the reconstruct5 tion bank, together with costs of the proceedings taken under thii sectio~ (b) direct the lale of the attaehed property or the trantfer of the management of the industrial concern to the reconatructfon bani or to its nominee; and shally the proceeds of such sale for the discharge of the dues to the reconstruction bank and the residue of such proceed, if any, shall be made over to the person entitled thereto in accorc:ladce with his rights and interests; ! ' (c) make the ad interim injunction made under sub-section (5), and the ad interim order of appointment of the receiver made under sub-section (6), as the case may be, absolute (8) if cause is shown, the high court shall proceed to investigate the 'of 1908 claim of the reconstruction bank and the provisions· of the code ot --civil ~rocedure, 1908, shall, as far as practicable, apply to uch pro-30 ceedings ' ~ (9) on an investigation made under sub-8ection (8), the high court may pass an order,- (a) for t~ sale of the property which has been assigned, charged, hypothecated mortgaged or pledged to the reconstruction 35 bank or so much of such property, as would, on being !old, real1se, in its estimation, an amount equivalent in value to the outstanding dues of the assisted industrial concern to the reconstructfon bank, together with costs of the proceedings taken under this section; or (b) con1\rming the order of attachment and directing the sale 40 of the attached property, or the transfer of the management of the asslsted industrial eoncem to the reconstruction bank or to its nominee; or (c) varying the order of attachment so s to release a ~ortion of the property from attachment and directing the sale - of the remainder of the attach,d propertyi and shall the proceeds of such sale for the discharge of the dues to the reconstruction bank and the residue of such proceeds, ·if any t 5~ shall be made over to the person entitled ·thereto, in accordance with his rights and interests; (d) releasing the property fro~ attachment, if it is satlifted, that it is not necessaty in the interests· of the reconstruction bam;-or (e) confirming or vacating the injunction or the order for the 10 appointment of the receiver: provided that when making any order under clause '(d), the high court may maire such further orders as it thinks nec;eesary to protect the interest of the &!construction bank, and may apportion the costs of the proceedings in such manner a's it thinks fit: /j 15 provided further that unless the reconstruction bank intimates to the high court that it will not prefer an appeal against any order releasing any property from any attachment, such order shall not be given effect to until the expiry of the period fixed under sub-section· (12) within which an appeal may ~ preferred, or if an appeal is preferred, unless the ao court empowered to hear appeals from the decisions of the said' high court othetwi~e directs untn the appeal is disposed of : (10) an or~er of attarhment or !lllle of property under this section shall be carripd into effect as far as l>racticable in the manner provided in the code of civil procedure, 1908 for the attachment or sale of 25 propet"tv in 'the ex~ht;on of a derree a~ 'f the reconstruction bank werp the de~holder ill' an order undf'l' thio:; )';ection tran~e",fn~ th~ manal!e~ent of any ~ndu~trial cotl(~m tl') thp 'reron!:l+rtlction bank n1' to ;ts nominee shall be earried into effe~t ~!! fa1' it';; may be '01"aeticable in the mannerprovtded 30 in the code of civil procedure, 1908 fnl' thl'! "ossession of immovable pl'~rtv or the deliverv of movable l>l'onertv in the execution of a decree, as if the reconstruction bank or its nominee were the decreeholder ', ,-,_, r , ! (u) anv party ae~rie~ by an order un~er sub-section (3) sub- 35 seetlon (7) 01' sub-section (9) mav within thl1'tv davs from the date of the order prefer an appeal to the court empowered to hear appeals from the decisfonc:; of the 'hicyh court which tlafl<lt'!d the o1"der and the appeuate court may, after hearinrt the parties pass such orders as it thtnksproper (13) nothin~ in this section shall be constrned where proceedings for4o uquidatfon in respect of an industrial eonce,"" hhve commenced before an application is made uniter sub-seetion (1) a~ \7,lvin9' to the reconstruction bank any preference over the other creditors of ,tbe fndustr:liil ~c8m not conferred on it by mly other law , 41 (1) where a person has offered any property as 'security, '\yhether primary or collateral, for any assistance given by the reconstruction bank to any industrial concern, or to such person, and a default has been committed by the industrial concern 5 or by such person in the payment of any dues of the reconstruction bank or in meeting any obligation in relation to the assistance given by the reconstruction bank to the industrial concern aforesaid, the reconstruction bank shall have the right to take over the management, or possession, or both, of the property so offered as security, and 10 shall have the right to transfer by lease or sale the property aforesaid for the purpose of realising its dues power at beconstrw:-·tion bank relatin, to property offered as primary or collacteral security (2) any transfer of property made by the reconstruction bank, in exercise of the powers conferred on it by sub-section (1), shall vest in the transferee, the rights in or in relation to the property transferred is as if the 'transfer had heen made by the owner of such property (3) where any action has been taken t1',der the provisions of subsection (1), costs, charp,es and expense!! which in the opinion of the reconstruction bank, h!lve been properly incurr",d hy it als incidental lzo them!to shall be recoverable out of the money received by the reconstruction bank by the sale or lease of the property referred to in subsection (1), and· shall in the absence of any contract to the contrary, be held by it in trust, to be applied, firstly, in paymept of· such com, charges and expenses and secondly in the discharge of the dues 85 of the reconstruction bank and the residue· of the money so received shall' be paid to the '''person entitled thereto in accordance with the rights and interests _' 1 of 1956 (4) the reconstruction bank mav fnstead of exercisin~ the powers conferred on it bv sub-section (1) ap-olv for the sale or lease of the -or'opertv"referred to in sub-section (1) or for anv other relief to the so hieh court within the local limits of whose jurisdiction the property aforesaid is situated snd, thereupon the provisions of section 4{) shan without preiudice to the p:r:ovisfons of section 69 of the transfer of property act, 1882 apply thereto as if the property aforesaid were the 35 properly referred to fn section 40, and powers shall be exercisable by the hi~h court accordingly 42 (n when the manallement of an industrial concern fs taken over by the reconstt1lction bank, that bank mav bv order, notified in the official gazette appoint as many persons as it thinks ftt-1 of 1956 (a) in anv case in which the industrial concern is a company, as defined in the companies act, 1956, to be the directors of that industrial concern; or (b) in any other case, to be the admini!ftrator of thsat indmrtrial concen'n 45 (2) the power to apooint directors or adminf':'!trators under thfs section inc!ludes the power to apnoint any fndividwll finn or body rorpora~ to be the man8~r of tlle industrial conrpm on such terms and cotlditionsa~ the re"onstruction bank may think fit poorei' of recon b!udion baot to ~t ciirecton or admldjatratorso( an industrial concen when ~ meat thereo:i :fa taken over (3) for the removnl of doubts it is hereby declared that tht! power' to mmoint directors administrators or manager~ includes the power to so remove or' replace the person 9(", br'pofnted (4) nothing in the companies act, 1956 or in any other law for 1 of 1956 the time being in force or in any instrument relating to the 0 indljbtrial concern shall, in so far as it makes, in relation to a direct~r, any provision for the holding of any share qualification, age limit, restriction on tht" number (if directorships, retirement by rotation or removal 5 from office, apply to any director appointed by the reconstruction bank under this section 43 on the issue of a notified order under section 42-meet of notified order under section 42 (a) if the industrial concern is a company as defined in the companies act, 1956, all persons holding office 88 directors of the 10 1 of 1918 industrial concern, anod in any otheu' case, all persons holding any office having the powers of superintendence, direction and control of the industrial concern, immediately before the issue of, the notified order, shall be deemed to have vacated their oftlces as such; (b) any contract of management between the industrial concern 15 and any director or manager thereof holding office as such immediately bt"fore the issue of the notified order shall be deemed to have terminated: (e) the directors or administrators, appointed under section 42, shall take 'such steps as may be necessary to take into their custody 20 or under their control, the property, effects and actionable claims to which the industrial concern is, or appears to be, entitled, and all the property and effects of the industrial concern shall be deemed to be in the custody of the directors or administrators, as the case may be as from the date ot' the notified order; 25 (d) the directors appointed under section 42 shall, for all purposes, be the directors of the industrial concern, duly constituted und~r the companies act 1956, and such directors, or, as the case 1 of 1956 may be, the administrators, appointed under section 42, shall alone be entitled to exercise -all the powers of the directors, or, as go the ca9p mlly be of the persons exercising powers of superintendence direction and control of the industrial concern, whether such powers are derived from the said act or from the memorandum or articles of association of the industrial concern or from, any other source whatsoever 35 44 '(1) subject to the control of the reconstruction bank the directors or as the case may be, the administrators appointed under section 42, shall take such steps as may be necessary for the purpose of efticientlv managing the busfne'ss of the industrial concern and shall exercise such power" an~ have such duties as may be prescribed powers and dutiee of directors tnd administrators (2) without preiudice to the generality of the powers vested in th'?m under sub-section (1) the directors, or as the case may be, the administrators appointed under section 42, may, with the previous approval of the reconstruction bank, make an app1ication to a court far the purpose of cancelling or varying any con4:ract or agreement entered 4, into, at any time before the issue of the notifierl order under liection 42, between the industrial concern and any other penon, and the court may, if satisfied after due inquiry that such contract or agreement had been entered into in bad faith and is detrimental to the interests ot' the ~ indust:rlal concern, make an order cancelling or varying (either uncan- 50 ditionally or subject to such conditions as it may think ftt to impose) tbatcontract oraareement and the contract or agreement shall have eftect accordingly )lu right to 45 (1) notwithstanding anything to the contrary contained in any 5 contract or in any law for the time being in force, no managing or whole~time director or any other director or a manager or any person in charge of management of an industrial concern shall be entitled to any compensation for the loss of office or for the premature termination, under this act, of any contract of management entered into by him 10 with such concern compen~ sation [or tel1niution of contract ot managing director, etc (2) nothing contained in sub~section (1) shall affect the right of any such managing or whole-time director, or any-other director or manager or any such person in charge of management to recover from the industrial concern, moneys recoverable otherwise than by way of 15 such compensation applica tion of act 1 of 1956 u (l) where the managem~nt of an industrial concern, beini a company as defined in the companies act, 1956, is taken over by the reconstruction bank, then, notwithstanding anything contained in the said act or in the memorandum or articles of association of such con- ao cern,-(0) it shall not be lawful for the shareholders of such concern or any other person to nominate or appoint any person to be a director of the concern; (b) no resolution passed at any meeting of the shareholders of such concern shall be given effect to unless approved by the recon~ struction bank; (c) no proceeding for the winding up of such concern or for the appointment of a receiver in respect thereof shall lie ill any cclurt, except with the consent of the reconstruction bank 30 (2) subject to the provisions contained in sub-section (1) and to the other provisions contained in this act and subject to such other exceptions, restrictions and limitations, if any, as the central government may, by notification in the official gazette, specify in this behalf, the of 1916 companies act, 1956, shall continu~ to -apply to such concern in the s5 same manner as it applied thereto before the issue of the notified order under section 42 t 41 where the management of an industrial concern not being a of 196fl company as defined in the companies act, 1956, is taken over by the reconstruction bank, no suit or proceedings for dissolution or for 40 partition shall, in so far as it relates to that industrial concern, lie in any court or before any tribunal or other authority except with the consent of the reconstruction bank restriction on filing of suits for dissolution, etc, of an industrial cooccrn notbeinc a com pany when ita mana, ment is taken 48 no proceeding for the appointment of any official 'uai&dee ' or receiver in relation to any industrial concern the management of which has been taken over by the reconstruction bank shall lie in 'any coun except with the consent of' the reconsu-uction bank ofttcial assi&ijoi orr&-ceiverncn to be appointed without the coil88jlt oube ~ struction bank power olcentral governmentto ii'8llt relief in the cue of certain uslated indul_ trial concend 49 (1) the central government may, 1f it is satisfied on 'an application 5 made to it by the reconstruction bank thllt it is necessary so to do for the purpose of reconstructing, reviving or rehabilitating any assistediadustrial coa cern, declare by notitication in the official gazette, that the operation of an or any of the contracts, assurances of property, agreements,' settlemcots, awards, standing orders or other instruments in force (to which such assisted 10 industrial concern is a party, or which may be applicable to such assisted industrial concern) immediately before the issue of such notified order, shall remain suspended or any rights, privileges, obligation and liabilities accruina or arising thereunder before the said date, shall remain suspended or shall be enforceable with such adaptations and in such maj:lilcr as may be specified in 15 the notified order (2) the notified order made under sub-section (1) shall remain intocce, in the first instance, for a period of two years, but the duration of such order may be ,e~tended from, time to time by a· further notified order by a period, not exceeding two years at a time: ~o provided that no such order shall in any case remain in force for more than eight years in the aggregate from the date of issue of the first notified order (3) any notified order made under sub-section (1) shall have effect, notwithstanding anything to the contrary contained in any other law, bjcee- 25 mentor instrument or any decree or order of a co\lit, tribunal, officer or other aut40rity or of any submission, settlement or standing order (4) any remedy for the enforcement of any right, privilege, obligation or liability referred to in ~tion (1) and suspended or modified by notified order made under that sub-section shall, in accordance with the terms so of that notified order, remain suspended, or modified, and all proceedinp relating thereto pending before any court, tribunal, officer or other authotity sh811 accordingly remain stayed or be continuedsubject to such adapations, so, however, that on the notified orders ceasing to' b,ave effect-')' (a) any right, privilege, obligation or liability so remaining sus· 35 pended or modified shall become revived and enforeeable as if the notified order had never been made; (b) any proceeding so remaining stayed shall be proceeded with, subject to the provisions of any law which may then be in force, from the stage which had been reached when the proceeding became stayed (5) in computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in sub~ection (1), the period during which it or the remedy for the enforcement thereof, remained iui~nded ahall be excluded (6) durias me pcriog ot operation of the notified order maoe uddor :$uboaction (l ), the central government may, if satisfied that it isneceasuy 80 to do in the public interest,- --(a) lor the r~onstructiod,revivalor rehabilitation of an assisted 5 industrial concern; or (b) for the proper management of the assisted industrial concern; or (e) for sealing down the liabilities oj the assisted industrial concern, -0 the financial condition and other circumstances of the assisted in-10 dutriaj concern are such that such scaling down is necessary, authorise the reconstruction bank to prepare a 9cheme- ' (;) for, the reconstruction, revival or rehabilitation of the a~sisted industrial concern; or (ii) for scaling down the liabilities of the assisted industrial concern; i 5 or z dition tft (iii) for the amalgamation of the assisted industrial concern with any other industrial concern (refetted to in this section as the 4'tr~eree' industrial concern"), i: (7) the scheme referred to in sub-section (6) may contain, provisiodj for 20 all or any of the following matters, namcly:-(a) the constitution, name and registered office, the capital, assets, powers, rights, interests, authorities and privileges, the liabilities, duties and oblig~tions of the assisted industrial concern on its r~onstruction, or, as the case may be, of the transferee industrial concern; (b) in the case of amalgamation of the assisted industrial concern, the transfer to the tran9f~ree indusfrial concern of the business, properties, assets and liabilities of the assisted industrial concern on such terms and conditions as mny be specified in the scheme; 30 35 (e) any change in the board of director9, or the appointment of a new board of directors, of the assisted industrial concern on its reconstruction, or, as the case may be, of the transferee industrial concern and the authority by whom, the manner in which, and the other terms and conditions on which, such change or appoihtment shall be made and in the case of appointment of a new board of directors or' of any di~tor, the period for which such appointment shall be made; (d) the alteration elf the memorandum und articles of association of the assisted industrial concernod its reconstruction, or, as the case may qe, of the transferee industrial concern for the purpo$e of altering the c;apitai thereof or for such other purposes as may be necessary to give e1fect to the reconstruction or amalgamation; (e) subject to the provisions of the scheme, the continuation by or against, ·the· assisted industrial concern on its reconstruction or, as the case may be, the ttansferee industrial concern of any actions or proceedings pending ag~inst the assisted industrial concern immediately before the date of the notified order made under sub-section (1); 45 (f) the reduction of the interest or rights which the members and otber creditors have, in, or against,' the assisted industrial concern before its reconstruction or amalgamation to such extent as the reconstructioo babk considers rlecestary in the interest of the recoliatruction, ~ •• viva! or rehabilitation' of the assisted iddustrial concern or for themald~ tenance of the business of the assisted industrial conccrn; , (g) the payment in cash or otherwise to the members and other creditors in full satisfaction of their claims-5 (i) in respect of their interests or rights, in, or against, the assisted industrial ~oncern before the reconstruction or amalgamation; or (ii) where their interests or rights aforesaid, in, or against, the assisted industrial concern has or have been reduced under 10 clause (f) , in respect of such interests or rights as so reduced; (h) the vesting of controlling interest, in the reconstructed industrial concern, in the central government or its nominee either by the appointment of additional director or by the allotment of additional shares; (i) the allotment to the members of the assisted industrial concern, 15 for any share or shares held by them therein before its reconstruction or amalgamation [whether their interest on such shares has been reduced undcrclause (i) or not], of shares in the assisted industrial concern art its reconstruction, or, as the case may be, in the transferee industrial concern and where any member claims payment in cfth and not auotment izo of shares, or where it is not possjble to allot shares to any member, the payment in cash to those members in, full satisfaction of their claims,-(i) in respect of their interest in shares in the assisted industrial concern before its reconstruction or amalgamation; or (ii) where such interest has bcen reduced under clause (j), in 25 respect of their interest in shares as so -reduced; (j) the continuance of the services of such of the employees of the assisted industrial co_ncern as may, be specified in the scheme, in the assisted industrial concern itself on its reconstruction, or in the transferee iudustrial concern on such terms and conditions as may be speci- 30 fled in the scheme; (k) notwithstandinj anything contained in clause (j), where any employees of theassisfed industrial concern wl10se services are proposed in the draft scheme referred to in sub-section (2), have, by notice in writing given to the reconstruction bark at any time before the expiry of 35 one month next following the date on which the draft scheme is sent to the assisted industrial concern, intimated their intention of not becoming employees of the assisted industrial concern on its reconstruction or' in the trallsferee industrial concern, the payment, to such employees, and to ?ther ~mployees whos~ services h!1~e not been continued in the assisted 40 iddustrtal concern on lis reconstructton or in the transferee industrial concern, of compensation, if any, to which they are entitled under the industriajdisputes act 1947, and such pension, gratuity, provident fund and other retirement benefits ordinarily admissible to them under the rules or authorisations of the assisted industrial concern as in force imme- 45 diately before the date of its reconstruction or amalgamation; (l) any other terans and conditions for the reconstruc"tion or amalgamation of the assisted industrialconcerp; (m) such incidental, consequential and supplemental mattera ii necessary to secure that the reconstruction or amalgamation shall be fully and effectively carried out ( 8) (a) a copy of the scheme prepared by the reconstruction bank 5 shall be sent, in draft, ,to the assisted industrial concern and also to the transferee industrial concern and any other industrial concern concerned in the amalgamation for suggestions and objections, if any within such period as the reconstruction bank may specify for this purpose; (b) the reconstruction bank may make such modifications, if any, in 10 tho draft scheme as it may consider necessary in the light of the suggestions and objections received from the assisted industrial concern and as also from the transferee industrial concern, and any' other industrial concern' concerned in the amalgamation and from any members or other creditors of such of those industrial concerns and the transferee industrial concern: 15 provided that where the transferee industrial concern is a company, the scheme aforesaid shall be laid before such company in the general meeting for the approval of the scheme by its members and no such scheme shall be proceeded with unless it has been approved, with or without modification, by a special resolution passed by the members of such company 20 (9) the scheme shall thereafter be placad 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 consider necessary, and the scheme as sanctioned by the central government shall come into force on sucb date as the central government may specify in this behalf: 25 provided that different dates may be specified for different provisions of the scheme (10) for the purpose of assisting it to exercise the powers conferred on it by sub-section (9), the central government may constitute an advisory committee consisting of such officers of ,the central government, reserve bank, go state bank, public financial institutions and n,ationaiised banks, having knowledge of, or experience in, one or more of the following matters,namely:-(a) -industry and industrial sickness; (b) finance and banking; (c) industrial relations; (d) law, ' 35 as it may think fit (11) the sanction accorded by the central government under $ub-section (9) shall be conclusive evidence that all the requirements of this scheme relating to the reconstruction, or, as the case may be, amalgamation, have been complied 40 with and a copy of the sanctioned scheme certified in writing by an officer ot the central government to be a true copy thereof, shall, in all legal proceedings (whether in appeal' or otherwise) be admitted as evidence to the same extent as the original scheme (12) on and from such date of tbe coming into operation of the scheme or 45 any provision thereof, the scheme or such provision shaji be binding on the assisted industrial concern or as the case may be, on the transferee induatrial concern, and any other i~du;trial concern concerned in the amalpmation and ,also on illl the, members and oilier creditors and employees of each of those assisted industrial concerns and of the transferee industrial concern, and on any other person having any right or liability in rciution to any of the assisted industrial c()dcerns or the transferee industrial concern including the trustees or· ether persons managing, or connected in any other manner with, any provident fund 5 or other fund maintained by any of those industrial concerns or the transfcre~ industrial concern (13) on and from such date as may be specified by the central government in tbis behalf, the properties, and the assets of the assisted industrial concern shall, by virtue of, and to the extcnt provided in the scheme, stand transferred 10 to, and vest in, and the liabilities of the assisted indu~trial concern shall, by virtue of, and to the extent provided in, the scheme stand transferred to and become the liabilities of, the transferee industrial concern (14) if any difficulty arises in giving effc:t [0 the provisions of the scheme, jhe central government may, by order, do anything not inconsistent with such 15 ,,-provisions, which appears to it to be ncces9ary or expedient for the purpose or reriloving the difficulty (15) copies of the scheme or of any order nlade under sub-section (14) shalj be laid before each house of parliament, as soon as may be, after the scheme has been sanctioned hy the central government or, as the case maybe :lo the order has been ,made, (16) where the scheme is a scheme for amalgamation of the assisted industrial concern, any ~usiness acquired by the transferee industrial concern under the rcheme or under any previsions thereof shall, after the coming into operation of the scheme or such provision, be carried on by the transferee industrial ~5 concern, in accordance with the law governing the transferee industrial concern, subject to such modifications in that law or such exemptions of the 'transferee industrial concern from the operation of any provisions th~reof as the central , government, on the recommendation of the reconstruction bank, may, by notification iw'the official gazettc make for the purposes of giving full effect to the 30 scheme: provided that no such modification or exemption shall be made so as to have effect for a period d more than seven years from the date of the acquisition of such business , (17) nothing in this sub-section shall be deemed to prevent the amalgama~ 35 tion with an assisted industrial concern by a single scheme of several industrial concerns in respect of each of which an order has been made under sub-section (1) of thi!l section power of high \i court to nu~ho­rise re-so (1) where any company, being an industrial concern, is being wound up by the high court, and the high court is of opinion that a scheme should be 40 'made for the reconstruction, revival or rehabilitation of such industrial concern, it may, by order, authorise the reconstruction bank to prepare, and submit to h, a scheme for such reconstruction,' reviva1 or rehabilitation of the industrial concern con8trll~_ lion bank to prepare s-:heme for reconstruction, etc, of (2) the reconstruction bank may, in pursuance of the order made by the 45 court under sub--section (1), prepare a scheme for the reconstruction, revival or rehabilitation of the industrial concern referred to in sub-section (1), and 'the s~heme so made may cootain all or any of the matters specified in sub--' rettion (7) of section 49: :'1du~1-trial concern· provided that no such scheme shall provide for the amalgamation or merger of the company in liquidation or of any undertaking owned by it with any other company or any other undertltking owned by such other company, except o'n the authority ofa special resolution passed by the members of that other com-5 pany (3) the· high court may if it is satisfied after considering the scheme prepared under sub-section (2), that the scheme ensures the reconstruction revival or rehabilitation of till? industrial concern which is a company being wound· up by ~e court; and such reconstruction, revival or rehabilitation 10 would ensure an increase in the production of goods needed by the community, approve the scheme with or without any modification and the scheme so approv cd shall have effect, notwithstanding anything to the contrary contained in any other provisions of this act or any other law, or any agreement, award ,or other instrument for the time being in force 15 51 (1) where any pro~rty effects or actionable claims have been sold or leue4 in pursuance of any power conferred by section 39, section 40 or section 41 or where the management of an industrial concern is taken ovel by the reconstruction bank or its nominee or an undertaking or an industrial concern is amalgamated under section 49, the reconstruction bank or the administrator 20 or any director, or any other person authorised by the re~onstruction bank may, fof the purpose of taking into custody or control any such property, effects or actionable claims, may, request in writing the chief metropolitan magistrate or the district magistrate within whose jurisdiction any property or books of account or other documents relating to such property of effects or actionable 25 claims may be situated, or found, to take possession thereof, and the chief metropolitan magistrate or the district magistrate, as the case may be, shall, on such request being made to him,~ (a) take possession of such property effects or actionable claims and books of account and other documents relating thereto, and chief metropolitan magistrate and district magistrats to'bssist reconstruction bank in taking charge of property 30 (b) forward them to the reconstruction bank, administrator, director or other person, 8s the case may be (2) for the purpose of securing compliance with the provisions of subsection (1), the chief metropolitan magistrate or the district magistrate may take or cause to be taken such steps and use, or cause to be used, 9uch' f~rce as 35 may in his opinion, be necessary (3) no act of the chief metropolitan magistrate or the district magistrate don~ in pursuance of this section shall be called in question in any court or bef~re any authority chapter ix miscellaneouseffect otthe acton other laws 52 the provisions of this act and of any rules or schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained ~ any other law for the time being in fofce or in the memorandum or artlc1es of assoellrtfoa of in indu8trial eonc:elioor in any other instrumedt having 54 effect by virtue of any law other 'than this act 53, notwithstanding anything contained in the income-tax act, 1961, or the companies (profits) surtax act, 1964 or the interest-tax act, 1974, or any other enactment for the time being in force relating to tax on income, profits or gains, the reconstruction bank shan not be liable to pay income-tax, surtax, interest-tax, or any other tax in respect of-(a) any income, profits or gains accruing to the reconstruction assistance fund or any amount received to the credit of that fund; act 43 of 1961, act 7 of 19i14: and act 45 of 1974 not to apply to reconstruction bank (b) aily inc~e, profits or gains derived, or any amount received, by the reconstruction bank; and , (c) any interest collected by, or payable to, the reconstruction bank 10 in accordance with the provisions of the interest-tax act, 1974 54 no provision of law relating to winding up of corporations shall apply to the reconstruction bank and the reconstruction bank shall not be placed in liquidation, save by order of the central government and in such manner as it 15 may direct law relating to winding up not to apply to the , reconstruction bank 55 the reconstruction bank shall be deemed to be it bank for the purposes of the bankers' /books evidence act, 1981 act 180f 1891 to apply to the books of the reconstruction bank 56 nothing contained in the banking regulation act, 1949, except the _prpvi9ions of section 34a and section 36ad, shall apply to the reconstruction bank certain provisions of act loof 1949 not to apply to reconstruction bank 57 no provision of the monopolies and restrictive trade practices act, 1969, in relation to the amalgamation, merger, modernisation or expansion of any undertaking to which part iii of that act applies, shall apply when such amalgamation, merger, modernisation or expansion of such undertaking takes place as a result of any sale, lease, purchase, amalgamation or merger in ilccord- 25 ance with the provisions of this act act 54 of 1969 not to apply' to the expansionor amalgamation of certain undertakings returns 58 the reconstruction bank shall ,furnish, from time to time, to the central government and the reserve bank such returns as the central government, or as the case may ~ reserve bank, may require delegation ot powers 39 thl board may, by general or special order, delegate, subject to such mditiolls and limitations, if any, as may be specified in the said order, to the executive committee or any other committee constituted under this act or to any director, officer or other employee of the reconstruction bank or to the 5 directors, administrators, officers, or other perftons authorised by the reconstruction bank to manage any assisted industrial concern or any undertaking owned by such assisted industrial concern, such of its powers and duties under this act as it may deem necessary 00, (1) without prejudice to the provisions of section 7, the reconstruclotion bank may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine their terms and conditions of appointment and service staff of the reconstruction bank (2} the reconstruction bank may, notwithstanding anything contained in any other law for the time being in force or in any contract, depute any of its 15 officers or other members of its staff to, or receive on deputation from, prescribed institutions on such terms and conditions as may be prescribed, and may also depute any of its officers or other members of its staff to any assisted industrial concern: provided that nothing contained in this section shall be construed as em-30 powering the reconstruction bank to depute to any prescribed institution or assisted industlial concern any officer or other member of its staff on any salary, emoluments or other terms and conditions of service which are less favourable to him than those to which he was entitled immediately before such deputation obligations as to fidelity and secrejcy 25 61 (1) the reconstruction bank shall observe, except as otherwise required by law, the practices and usages customary among bankers and, in particular, it shall not, except as otherwise provided in sub-section (3), divulge any information relating to, or to the affairs of, the assisted industrial concern, except in circumstances in which it is, in accordance with law or practices and usages, 30 customary among bankers, necessary or appropriate for the reconstruction bank to divulge such information (2) every director, auditor, adviser, officer or any other employee of the reconstruction bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the second schedule 35 (3) the reconstruction bank may, for the purpose of efficient discharge of its fudctions under this act, collect from, or furnish to,-(a) the centra) government, 3801 1939 (b) the reserve bank (c) the stute bank, or any subsidiary bank within the meaning of 40 the state bank of india (subsidiary banks) act, 1959, or any nationalised bank, or any other scheduled bank, or any state cooperative bank or the development bank or other public financial institutions, or state level agencies or prescribed institutions or state financial corporations, such credit information or other information as it may consider useful for the 45 purpose, in such manner and at such times, as it· may think fit explanat;on-for the purposes of this sub-section the expression "credit information" shall have the same meaning as in clause (c) of section 45a of the reserve bank of india act, 1934, subject to the modification that the banking company referred to therein shah menn an 50 assisted industrial concern < provident fund 61(1) the reconstruction bank shall constitute, for thebeneftt ot the omcers and other employees appointed under section 50 (as also for the officers and other employees whose services have been transferred to it under section 7) in such manner and subject to such conditions as may be ' prescribed, such insurance and provident fuhd as it may deem fit 5 (2) where any such insurance or provident fund·qqsbeen soconstitvted, the central government may declare that the provisions of' the pldvident funds act, 1925, shall apply to such fund as if it were a governm(f~t provident fund indeminity of 'directors 63 (1) every director shall be indemnified by the reconstruction 10 nank against all losses and expenses incurred by him in or in relation, to the discharge of his duties, except such as are caused by his ow:!l wilful act or default (2) a director shall not be responsible for any other director or for any officer or other employee of the reconstruction bank or for any loss 15 or expenses resulting to the reconstruction bank from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the reconstruction bank or the insolvency or wrongful act of any debtor or any person under obligation to the reqonstructioo bank or any' thing done in good faith in execution of the duties of his 20 office or in relation thereto protection of actior taken in good faith under this act 64 no suit or other jegal proceeding shall lie against the recons~on bank, or any director, or officer, or other employee of the reconstructl(m bank or any other person authorised by the reconstruction bank, to discharge any functions under this act, for any loss or damage oaused or is 25 likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any other law or provision having the force of law 65 chairmad, director, adviser and auditor and every other employee of the reconstruction bank shall be deemed to be public servants for the 30 purposes of chapter ix of the indian penal code 45 l'f 1860 chairman director, etc, to !be public servants 66 if in any application, return or statement or othet document made, submitted, furnished or produced for the purpose of obtaining any loan or advance or any other assistance from the reconstrucq9n ,bank any person makes a statement-35 (0) which is false in any material particular, knbwing it to !be false; or penalty for making false statement in applications for loans abel advances (b) which omits to &tate any material fact, knowing it to be materi~l; , , be shall be punishable with imprisonment for a term which may extend 40 to two years, and shan also be liab'le to fine offence by companies 67 (1) where any offence, punishab~e under section 66, has been ccmmltled by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company' for the conduct of the business of the company, as well astbe company, sbad be deemed to be guilty of the offence and shall be liable to be proceeded against 'add punished accordingly: i ' provided that nothing contained in this sub-section shall render' any/ sueb person liable to any punishment, if he proves that the offence: was , committed without his knowledge or that he had exercised all due diligence to prevent the codlidission of such offence (2) notwithstanding anything contained in sub-section (1), when any offence punishable under section 66 has been committed by a company and it is proved that the offence has been committed with the consent 10 or connivance of, or is attributable to any neglect on tbepart ot, any director, manager, secretary or othet officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that oifemce and shall be liable to be proceeded against and punished accordingly , explanation-for the purpose of this section,-(a) "company" means any body corporate and incudes a firm or other association of individuals; and (b) "director", in relation to a firm means a partner in he firm 68 (1) the central government may, by notification in the official pow'e1'll ~o gazette, make rules to carry out the provisions' of· this act ' ~ate i (2) without prejudice to the generality of the foregoing power, such rules may provide for all or any ot the following matters, di!1lely:-lz5 (a) institutions and agencies in, and outside, india, payment of whose loans may be guaranteed, counter-guaranteed or indemnified by tho reconstruction bank as may be specjfied under sub-section (1) of section 18; - (b) institutions and agencies which may, be provided with the line 01 credit by the reconstruction bank for grant of loans and advances by them to industrial concerns as may be specified under clause (d) of sub-section (1) of section 18; (c) persons who may be appointed to act as the agents of the reconstruction bank as required by clause (q) of sub-section (1) of section 181 ,:;: i (d) borrowing of foreign currency from any sotp'ce, other than the source specified in sub-section (1) of section 23; 35 (e) the powers which may be exercised and duties which may 'be performed by any director or· administrator appointed' under , ub-section (1) of iection 44; (f) the manner in which and the conditions subject to which an insurance or provident fund may be constituted by the reconstruction bank required by sub-lection (1) of section 62; (g) 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 parhament while it is in session, for 45 a total period of thirty days which may be comprised in one session or in two or morc; successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have dlcet only in luch modified form or be of no effect, as the case may be; 10, however, 5 that any luch modification or annulment shall be without prejudice to the validity of anything prev~ously done under that rule power of reconatruction bank to make rep1auods " (1) the board may, with the previous sanction of the central government, make regulations, not inconsistent with the provisions of this act and the rules made thereunder, to provide for au matters for which 10 regulations are necessary or expedient for the purpose of giving effect to the provisions of this act and of the rules made thereunder (2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or- any of the fohowing ,matters, nllj!lcly:-15 (0) restrictions relating to the powers which may be exercised by the chairman in pursuance of the provisions of sub-section (2) of section 9; (b) the time and place at which the board shall meet and the rules of procedure (including quorum) which shall be observed by 20 the board in regard to the transaction of business at its meetings 8s required by bub-section (1) of section 14; (c) (i) the constitution of the executive committee or other comuiittees and the functions thereof; (ii) the time and place at which such committees shall meet; and 25 (iii) the rules of procedure (including quorum) which shall be observed by each committee in relation to the transaction of business at ita meetings ~ required by section is; (d) fees and allowances which may be paid to the directors and member of 111e commi~ a~ required by sec1ion 17; so (e) conditions and limitations, subject to \yhich an industrial eoncern may enter into 1ldy kind of business as required by clause (f)of iu~on (,%) of section 19: l (1) the form and manner in which the oolance sheet and accounts of the reconstruction assistance fund shall be prepared as required 35 by sub:section (1) of section 29; (g) the form and the manner in which the balance sheet and accoun~ of 1he reconstruction bank shall be preplred as required by su~ section (1~ of section 32; (h) the duties, conduct, ~alaries, allowances and conditions of service of officere and other employees (whether employed on re~ basis or on contract) of the reconstruction bank and all those who are appointed for the management of any undertaking, the mana 5 ment of which has been taken over; and (i) any other matter which is required to be, or may be, provided for by regulations " (9) the central government shall cause every regulation made under this act to be laid, as soon as may be after it is made, befl)fe each houle of parha-10 ment, 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 suc<:e8sive seisions aforesaid, both houses agree in making any modification in the regulation, or both house agree that the regulation should not be made, oe regulation shall 15 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 70 if any difficulty arises in giving effect to any provisions of this act, the central government may, by notification in the official gazette 80 remove the difficulty: provided that no such notification shall be made after the' expiry of - period of two years from the appointed day 71 the enactments specified in parts i to iii of the third schedule to this act shall be am~ded in the manner directed in the first column thereof a5 and such amendments shall take effect on the dates specified in the second column of that schedule amead ment of certahl enaetmenta " 71 in every act,rule or regulation in fdrce on the appointed day, for the words "industrial reconstruction corporation of india limited", wherever they· occur, the words "industrial reconstruction bank of india" shall , so substituted ' <"-'t~ subetitu· tionm acta, ru1ea or ftiula· tloiii of dio recoil-iti'uctiod bantta plaae of die cor pcnuciil the first schedule (see section 37)·d!x:laration rill"erred to in sec'1'ion 'n or thij imtnrs'i'rial ridoomltrttcl'ioif bank 01' india act, 19m bank of india, as specified in the annexure hereto i/we agr~ that the immovable properties specified in the said annexure shall form a security for 'the said assistance and iiwe agree that ·the dues arising out of such assistance shall, on and from the date of execution of' these presents, be a cbarge on the said properties for the recovery of the dues of, the 5 ibid reconstruction bank execution by the parties « \ 1 signed and delivered by • ~ - • (party recciwg the assistance ) 2 signed and delivered by • (the concerned person fumilh- 10 ing guarimtee / collateral security ) 3 sign~ by the duly authorised official of reconstruction bank ' , , '(note:-&rike out whichever is not applicable) 'the second schedule , (see section 61) declaration of fidelity and secrecyi, ~, do hereby declare that i will faithfully, truly and to the best of my skill and ability, execute and perform the dutiel required of me as the chairman, director, member of committee, auditor, adviser, officer or other employee of the reconstruction bank ~o of india and which properly relate to the office or position held by me in or in " rela~on to the said reconstruction bank i further declare that i will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the industrial' reconstruction bank of india:l5 or to the affairs of any person having any dealing with the said racon- struction bank, nor will i allow any such person to inspect or have access to any books or documents belonging to or in possession of the aaid reconstruction bank and relating to the business of the said recon-ittuction bank or the busine~ of any person having any dealing with so the said reconstruction bank , (signature) signed before me '-- the third schedule (see section 71) amendments of certain enactmentspart i "~', , 5 amendments ronre resbrve banlc of indla act; 1934 (2 0, 1934)ameudmcmta 10 (1) date on which amendme n ts shall take effect (2) 1 in section 2, after clause (elli), insert the following th e date of establishclause, namely:-ment of !be recons-'(cll) "reconstruction bank" means the industrial truction bank reconstruction bank of india establbhed under 15 section 30£ industrial reconstruction bank: of india act, 1984' 2 in tection 17,-do (0) in clause (40), after the worda ·,the exim bank", insert the worda "or the reconstruction bank'~; 20 do (b) in clause (4-1), after the words "exim bank", insert the worda "of' reconstruction bank"; do (c) after clau~c (41), insert the following clause, namely:-"(410 the making to the reconstruction bank of loans and advabccs-(0) repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of such loan or advance against the security of stocks, funds and securities (other thad immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in india; or 35 (b) against the security of bills of exchange or promissory notes, arising out of bona flu commercial or trade transactions bearing two or more good signatures and maturing within five years from the date of luch loan or advance"; do (d) in clause (i~b), after the words "the exim bank", insert the word$ "or the recoditruc tion bank"; 3 in section 42, in sub-clausci (e) of the explanotion do below the proviso to sub-section (r), after th, words "or from the exim bank", msert the 'words "or from the recons-45 truction bank" -- -- ------------------------ ------------date on which amendments shall t~ke effect (2) | the ||-----------------|| establishment || of || the reconstruc- || tion || bank |4 in section 46c, in clauses (e) and (d) ofsub-section (ii), after the words "&tim banku wherever they oa;ur, insert the worda "or the reconstruction bank, as the case may be," part ii amendment to nle industlual disputes act, 1947 (14 of 1947)amendment date on which amendment shall take effect in section 2 'ojn clause (bb), after the words "export-import bank of india, u insert the words uthe industrial reconstruction bank of india," the date of establishment of the industrial reconstruction bank of india partm amjcndments to the banking regulation n:rl 1949 (10 or 1949)amendments 25 (1) date on which amendments shall take effect (2) so the date of establishment of the reconstruction bank i id section 5, after [lause (1ft), buert the following clause, namely:-(i,) "reconatructlon bank" means the industrial reconstruction bank of india established under ectlon s or the industrial rccoditructioll bank or india act, 1984,", do s in lectlon 18, in the &pl_,,,,, in bub-clause (ia") of clau,e (ii), ' af\er tlle words "or from the exim bank", insert the worda "ortiom the reconstruction bank" s5 do 3, in section ma, in lub cction (,), after the words "the exim badk" insert the worcda "the reconstruction bank", 4 in section s6ad, in sub ection (3), after the words "the eldm do bank" idlert the words ''the reconstruction dauk" 5 in section ,56, in ub-cl e (ii) of clause (ii) of the &,iiimfidji do under clause u), after the words "the edm bank", insert the words "the recomtructlon bank", the bill seeks to convert the industrial reconatruction corporatioa of india limited (which was established 81 a company under the companies aot, on 12th apru, 1971, for tl}e purpose of rehabilitating and reconstructing ailing industrial concerns) into a statutory corporation, to be known as the industrial reconstruction bank of lddia (hereafter referred to as the reconstruction bank) the conversion of the said company into a statutory corporation has become necessarx-(i) in order to overcome the inherent difilcultiea which have been faced by the company during the last twelve yeara of ita existence, which have tended to inhibit its efforta to rebabilitate and reconstruct sick industrial concerna, and 1 (ii) to invest the reconstruction bank with eftective power to tackle and contain the growing malaise of indust~81 sickness 2 the salient features of the bill at'6-(i) the establishment of the industrial reconstruction bank of india which shall be wholly: owned 1:>y the central government, and the transfer thereto of the wldertaking of the company known sa ,the industrial reconstruction corporation of india limited; : , (ii) the chairman of the industrial reconstruction bank of india (who shall also fwlction as the managing director thereof) shall be appointed by': the central government; (iii) the reconstnlction bank will function 88 the principal credit and reconstruction agency' for industrial revival and w1ll coordinate the work of other institutions engaged in industrial revival activities besides, the recopstruction bank will also assist and promote industrial development and rehabilitation of ind\j8trial concel'ils ; , (iv) in regard ,to assisted sick industrial units, the jteconstruction bank shall have powers to take over the management; lease out or sell the undertaking as a running concern; prepare schemes for reconstruction by scaling down the liability and submit such schemes of merger or amalgamation fal' approval of the central government and to apply to the central government for the sub-pension of all or any contracts, agreements, settlements, awards, etc the reconstruction bank will also have the power, if directed 80 to do by the high court, to submit schemes for recoditruction of the companies in liquidation or, for their amalgamation with healthy concenu and to submit such schemes to the high court for approval; (v) the central oovemmen( ~an have powers to give to the reconstruction bank such directions in matters of policy invo}ying public interest as it may think fit 3 the notes on c~usea appended to the bill explain in detail the various provisions of the bill pranab mukherjee nbw del~; the 2"d j1!ly, 19&4 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no fl (13)if-ll/81, dated 2nd july, 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 industrial reconstruction bank of india bill, 1984, recommends under clause (1) of article 117 read with clause (1) of article 274 of the constitution, 'the intro'cluction of the bill in lok sabha and also ,ecommends to lok sabha under clause (3) of article 117 of the constli tution the consideration of the bill clause i-this clause deals with the extent and commencement 01 the act t::lause 2:-this clause seeks to define certain expressions in the bill speclal mention may be made about the definition of the expression industrial concern the said expression has been so defined as to ensure that almost all types of industries fall within the purview of the bill clause 3-this clause seeks to provide for the establishment of the industrial reconstruction bank of india (to be known as the reconstruction bank) with head office at calcutta and also for the establishlllent of its office'i and branches in and outside india claw ie 4-' this clause deals with the share capital and the owner-5hip of the reconstruction bank jt provides for an authorbed capital of rs 200 crores with initial paid up capital of rs 50 crores further, the issued capital shall be wholly subscribed by the central government clauses 5 to 8-these clauses provide for the trallsfer of business of jndustrial reconstruction co~poration of india limited (irel) to the reconstruction bank and other consequential provisions clauses 9 and 10-these clauses provide for the management of the reconstruction bank clause l1-this clause deal with the disqualification of membership of the board of directors clause 12-this clause deals with the terms of office, salaries and allowances of the, chainnan clause l3-this clause deals with the disclosure of interest direct or indirect, of the directors clause 14-this clause deals with the time and place of the meetings of the board of reconstruction bank and the rules and procedures in regard to transaction of business of the meetings clause is-this clause empowers the board to constitute executive committee nr other committees for such purpose as it may think fit clame 16-this clause provides that no act or proceeding of the -board or of any executive committee or other committees shall be invalid on the ground of existence of any vacancy or difficulty in the constitution of the board or difficulty or di"qualification of a member of the board of executive or other committee clause 17-this clause seeks to provide for the payment of fees and allowances to directors and members of the executive committee or other committees clause 18-this clause deals with the object and business of the reconstruction bank and gives details of the functions which may be undertaken by the reconstruction bank apart from its normal function, 1,iz:, to act as the principal credit and reconstruction agency for industrial revival by undertaking modernisation expansion re-organisation, diversification or rationalisation of industries and by coordinating similar work of other institutions, the reconstruction bank shall a]so assist and promote industrial development and undertake rehabilitation of industrial concerns by providing or procuring assistance and operating schemes for the same and for attaining the said objectives granting loans and advances (including working capita]) to any industrial concern or subscribing to or purchasing or underwriting the issue of stocks, shares, bonds or debentures of any industrial concern or converting the dues in rc!spect of such loans or debentures into shares of industrial concerns, to i~sue guarantee, counter guarantee in respect of: (i) loans raised by industrial concerns from banks, public fin-,incial institutions or any other prescribed institution or agency in or outside india; (ii) deferred payments due from an industrial concern; (iii) the purpose of obligation to any contract undertaken by the incjustrial concern a number of other functions are proposed to be entrusted to the reconstruction bank, such as (a) subscribing to or purchasing or underwriting the issue of stocks, shares, bonds or debentures to any institution; (b) providibg credit to any state level agency or other institution for grant or loans and advances to industrial concerns; (c) providmg or obtaining credit from other public institutions or banks; (d) grant of loans to, or to furnish guarantees on behalf of industrial concerns: (e) providing infrac;tructural facilities and raw-materials; (f) providing machinery or other equipments on lease or hire iurchase basis; (g) providing eonsultancy and bank services in or outside india related to reconstruction and development of any industrial concern; (h) providing technical, managerial, legal, administr-ative and marketing assistance; (i) to provide schem~ for merger ama]gamation or reconstruction of industrial or busines's concerns or undertakings: (j) undertaking research and survey for evaluating or dealing with marketing or investment and, (k) acting as an agent to the central or state government, reserve bank, state bank • scheduled bank, etc cla11se 19-this clause rrohibits re('onstruction bank from entering into any kind of business with any industrial concern of which any of the directors of reconstruction bank is a proprietor, partner, director etc or one or more 'directors (if reconstruction bank together hold subatantial interest however, the restriction is not applicable to a directornominated by government, government company, reconstruction bank or by a corporation established by any law or is elected by the aforeljaid bodies pursuant to shares beld by any of them clauses 20 and 21-while clause 20 seeks to provide for loans by' the central government, clause 21 provides for borrowings and accepmnce of deposits by the reconstruction bank like other financial institutiods, reconstruction bank would be abl~, to borrow from the open market throub'h the issue of bonds and debentures besides it will also enjoy the requisite ,accommodation from the reserve bank against trustee securities and lodgment of bill!! and promissory notes arisins out of bolul fide ~rcial or trwe transactions in addition to the above, reconstruction bank may borrow from such other authority,'organisation institutions or trusts in india as approved by the central government as also may accept deposit repayable after the expiry of not less than one year with the approval of reserve bank cliluse 22-this clause deals with the power of the reconstructioa bank to transfer its rights and interest in respect of any loan or advance granted or any adlount recoverable by it clauses 23 and 24-clause 23 enables the reconstruction bank to borrow foreign currency for the purpose of granting loans and advances with the consent of central government from bank or financial institutiona in any foreign country and clause 24 enables it to raise resources by acceptance of gifts, grants, donations, etc either from government qr from any" other source clauses 25 to 30-these clause,s inter alia deal with the establishment of a special fund to be called the reconstruction assistance fund which would be utilised mainly for financing of any loan or advance or entering into any arrangement under clause 18 which are unlikely to be supported by the reserve bank, scheduled banks and financial institutions the account of the reconstruction assistance fund would be maintained separately and· would also be audited by the statutory auditors and an annual report on its operations would be submitted to the central government these provisions are similar to the provisions udder industrial development bank of india act, 1964 clause 31-this clause seeks to provide for the maintenance ai peral fund to which au other income earned by the reconstruction bank would be aredited the general fund will be uti1i!led by the reconstruction bank for its normal operations clause 32-this clause seeks to provide for the preparation of balance sheet and profit & los'\ account of the reconstruction bank and closure or books and accounts as on 30th june each year clause 33-this clause provides that the reconstruction bank may est lish a reserve fund to which may be transferred such funds as it may deem fit out of the annual profit acct jing to the general fund it further provides that reconstruction banle: shall after making the provisions for bad and doubtful debts, depreciation of assets a:nd for all other matters which are usually provided for by the bankers and for the transfer of the balance of the net profits to the central government clause 34-this clause provides for the accounts of the reconstruction sank being audited by the auditors duly qualified to act u such under the companies act, 1956, to be appointed by the central government the central government may also, at any time appoint the comptroller and auditor ~ rat of india to examine and report upon the accounts of the reconstruction bank c'ai~ie 3s this clau'se makes a saving provjslon to ensure that the provi sions contained in chapter vii [except as otherwise provided in sub-sectioa ( 4)] of section 29 shall not apply to the reconstruction assistance fund cuuue 36-this clause deals with the power of the reconstruction bank to impose conditions on industrial concerns for grantin, assistance for the purpose of protecting the interest of the reconstruction bank and for securing that the assistance granted is put to the best use by the industrial concem this clause further enables the reconstruction bank to appoint one or more aominee non-rotational director on the board of such industrial concern any provision regarding qualification, age limit, number of directorships\ removal from office of directors and such like conditions contained in the memorandum, articles of association of the industrial concern or in any <>ther law relating to industrial concern, shall not apply to such directors appointed by the reconstruction bank clause 37-this clause deals with the creation of a charge on the property of the industrial concern or'thc person offering immovable properties as collatetal security to secure assistance from the reconstruction bank this clause enables the reconstruction bank to have a charge both as primary security and as collateral security for the assistance sanctioned to the industrial concern the person seeking th~ assistance or offering any immovable property as collateral security for such assistance will be required to make a written declaration which wijl be registered with the concerned registrar of assurances such liec1aration shall, inter alia, contain the particulars of the assistance granted and the particulars of the properties offered as security or collateral security lor such assistance in case any fresh security qf immovable property is offered for the assistance, fresh decjaration shan be executed by the industrial concern or the person offering suc'l property as collateral security, as the case may be cl4use 38-this clause deals with the power of the reconstruction bank to call for repayment before the agreed period if false or misleading information ift any material particular have been given in the application for the assistance or it the 'industrial concern had failed to comply with the terms of its agreement with the reconstruction bank or if there is r~asonable apprehension that the industrial concern is unable to pay its debts or that proceedings for liquidation have been or may be commenced against the industrial concern or if the property assigned, charged, hypothecated, mortgaged or pledged to the reconstruction bank as security for the assistance is not insured and kept insured to the satisfaction of tlte reconstruction bank or if such property ms depreciated in value to suchan extent that further security to the satisfaction of the reconstruction bank should be given and such security has not been furnished or any machinery, plant and10ther equipment whether, forming part lof the security or otherwise, is removed without the permission of the reconstruction bank from the premises of the industrial concern or for any otber reason to protect the interest of the reconstruction bank clause 39-this clause deals with the rights of the recodstruction bank in case of default it enables the reconstruction bank to take over the management, or possession, or both, of the industrial concern as well as the right to transfer by way of lease or sale of the property assigned, charged, hypothecated, mortgaged or pledged to reconstruction bank for the purpose of realising its ~ or for the remal of the industrial concern any such transfer of property made by reconstrictiqj1 bank shall vcst in the transferee the rights in relation to the property transferred as jf th~ transfer has been made' by the owner, of such p!opcrty~ the same powe'r is 'llso extended to the reconstmctionbank in regard to goods manufactured or produ:ed atinually or partly from the goods forming part of the security held by the reconstruction bank as it had with the 'receipt or the origin a' !!o<)d<;, the cost incidental to the aforesaid shall also be recovered from the industrial concern clause 40-this clause deals with the enforcement of claims by the reconstruction bank w~ete an assisted industrial concem makes default in payment of any of the dues or in meeting its obligations in relajion to any other industrial a<;sistance given by the reconstruction bank or otherwise fails to comply with the term of agreement with the reconstruction bank through concerned high court for an order of sale or lease of the property a~signed, charged hypothecated mortgaged or pledged to re· cuni>truction bank as primary or coj1ateraj security for the assistance granted by it or for transfer of the management of the industrial concern to the reconstructi()1\ bank or its or its nominee or for ad interim injunction or f(}t' order for appointment of receiver, by an application stating the nature and extont of liability of the industrial concern to the reconstruction bank and the grounds thereof and the procedure to be ad1pted by the high court in this regard clause 41-this clause deals with the powers of'reconstruction bank to take over the management or possession or both of the property offered as collateral security and shall also have the right to transfer by lease or sale of the said property for the purpose of realising its dues the clause also enab!es reconstruction bank to recover the incidental cost out of the money received by way of sale or jease of the property mentioned aforesaid, reconstruction bank shall also have the right to appjy to high court for sale or leac;eof the aforesaid property and the provisions will he similar to that of clause 40 clause 42-this c1ause deals wjth the power of the reconstruction rank to appoint a director oradministratot of an industrial concern by llolitled order when the ~a2ement of the industrial concern is taken over the provisions of the companies act, 1956 or any other la~ for timely enforccmentretating to industrial concern in so far as it relates to the holding of any share qualification, age limit, restriction on the number of directorship\ j;'etirement by rotation or removal from office shall not apply to such directors as appointed by the reconstruction bank under this tltlll:e clawe 43-1'his clause deals with the effect of nolified order issued under clause 42 on the issue of such notified order, all persons holding "tnee as directors of the industrw concern and all the persons homing any office having the power of superintendence, direction or control of the industrial concern whiclt is not· a company before the issuance of notified order shall be deemed to have vacated their offices as such and any contract or management between any other jndustrial concern and any director or manager thereof, 'lihall be deemed, to have terminated the directors or administrators, appointed 'for the purpose, shall take suc!1 steps as may be neeessary to take into their custody or control all the properties and assets of the industrial coacem from the date of notified order the direc--rors or administrators, as the case may be shall alone be entitled to exercise ·tbe powers of the directors or au the powers of superintendence, direction or control as the case may be ' clause 44-this clause deals with the powers and duties of directors and administrators appointed under clause 42 subject to the control of the reconstruction ~ank for the purpose of efficiently managing the business of industrial concern and shall also have powers to make an application to court for cancellation of any contract or agreement entered into before the issue of notified order and the court may make an order cancelling of such contracts or agreements clawe 45-this clause povides trat the managing or whole-time director' or any other director or manager or any person in charge of management of the industrial concern shall not be entitled to any compensation in the loss of office or for premature retirement or for the termination of any contract of management by him with the industrial concern clause 46-this clause deals with the non-application of certain provisions of the companies act where the management of ~ company has been taken over by the reconstruction bank it restricts nomination or appointment of a director by the shareholders and passing of any resolutions in the shareholders'meeting and no proceedings for winding up or for appointment of receiver of such industrial concern shall lie in any court except with the consent of the reconstruction bank except the above re- strict ions and the exceptions, restrictions and eliminations, if any, at; the central government by notified order specify, all other provifoions of the companies act shall apply to the industrial concern clause 47 -this clause deals with the restriction on filing of suits for disso·lution or for partition of an industrial concer9 (unit is not a company) when its management is taken over by the reconstruction bank, before any court or tribunal or other party except with the consent of reconstruction bank clause 48-this clause seeks to "provide that no proceeding for the arl)ointment of ~y official assignee or receiver shall lie in any court in retion to any indu'itrial concern the management of which has been taken over by the reconstruction bank without its consent clawe 49-this clause gives power to the central government, by notified oreier, to grant relief to im assisted industrial concern, on its application, to suspend the operation of all or any of the contracts, ,assurances of property, agreem~nts, settlements and awards or standing brders, etc, or any rights, privileges, obligations and liabilities arising or accruing thereunder before the date of notified order the notified order shall not be made for more than two years at a time, so, however, that such notified order shall not remain in force for more than eight years in the aggregate, the period of limitation will not run for the period during which the notified order will be in force during the period of operation of the notified order, the central government, if satisfied, that it is necessary 80 to do in the public interest, may authorise the reconstruction bank to prepare a scheme for reconstruction, revival or rehabilitation of the assisted industrial concern or for scaling down the liabilities of the assisted industrial concern or f9r / the amalgamation of the a'ssisted industrial concern with any other indl1strial concern, a copy of the draft of the scheme is to be sent to the assls~ed industrial concern concerned in the amalgamation, for sl1ggestions and objections and the consent of the transferee industrial concern, if it is a company, has to be obtained by special resolution of l:iuch company the scheme as approved shall be placed before the central government for si\!lction ond if sanctioned the same shall come inlo force on such date as the central government may specify in this behalf the central government may constitute an advisory committee consisting of officers of the central government, reserve bank, state bank, nationalised banks and public financial institutions for the purpose of assisting it in this regard the scheme shall when comes into force, be binding on the assisted concern, transferee !jldustrial concern or any other indu8~al concern and also on all the'membel'll and other creditors and employees and on any other person having any right or liability thereto including the trpstees or other persons managing or connected with provident fund ' or other funds maintained by any of those industrial concern or the transferee industrial concerns the copies of the schemes or any other order made under sub-section (14) shall be laid before both the houses of parliament after the scheme has been sanctioned by the central government or, as the case may be, the order has been made cllluse 50-this clause enables the concerned high court to authorise the reconstruction bank to prepare scheme for reconstruction, revival or rehabilitation of industrial concern which is being wound up by the high court the high court may, alter considering the scheme, approve the scheme with or without modification and the scheme so approved shall become effective clause 51-this clause seeks to enable the chief metropolitan magistrate or district magistrate to extend help to the reconstruction bank or the administrator, any directors or any other person authorised by the re::onstruction bank in taking charge of or possession of the property of the industrial concern or of any other person offered that security which has been sold or leased in pursuance of any of the power conferred by clause 39, 40 or 41 or where the managementl of any industrial concern is taken over or when an und':!rtaking or an industrial concern is amalgamated under clause 49 clause 5·2-this clause deals with the effect of this act on other laws clause 53-this clause provides for the exemption of the reconstruction bank from payment of income-tax or companies (profits) surtax and of other taxes on income, profits, or gains and is on the lines ot similar exemptions given to industrial development bank of india and export import bank of india this clause further exempts reconstruction bank from the payment of interest-tax on its income under the interesttax act, 1974 clause 54-this clause ensures that no provision of any law relating to the winding up of companies or corporatinons shall apply to the reconstruction bank which shall not be placed in liquidafion except by 1'\n order of the central government clauses 55 and 56-these two clauses seek to extend the application of the bankers' books evidence act, 1891, and to a limited extent, of the banking regulation act, 1949 to the reconstruction bank clfluse 57-this 'clause provides that part iii of the monopolies ani restrictive trade practices act, 1969, shall not apply to any amalgamation effected under this act clause 58-this clause makes it obligatory for the reconstructioa bank to furnish from time to time returns to the central gov~rnment olause 59-this clause provides for the delegation of powers and functions of tilt! board under the act clause 6o-this clause provides for the appointment of the staft by the reconstruction bank for the efficient performance of its functioning it also enables the reconstruction bartk to depute or to receive on deputation lrom the prescribed institutions any of its ofticers or other memohers of its staff on such terms and conditions as may be prescribed including deputation of its officers or other members to any assisted industrial concern clause 6l-this clause s~eks to impose on the reconstruction bank obligation not to divulge any information relating to or to the affairs of its constituents except in the circumstanc~ stated in that clause it also provides ff}r a declaration of fidelity and secrecy by every director, auditor, adviser, officer or other employee of the reconstruction bank clause 62-this clause deals with the establishment of the provideat fund for the benefit of its officers and employees clause 63-this clause seeks to indemnify the directors of the reconstruction bank against all losses and expenses incurred by hun in or in relation to the discharge of his duties other than those caused by his own wilful act or default clause 6~-this clause is the usual provision rela!ing to protection of a-::tion taken in good faith clause 65-this clause provides that the chairman, adviser and auditor and every other employee of the reconstruction bank shall be d:emcd to be a public servant for the purpose of chapter ix of the indian penal code clauses os and 67-these two clauses provide for penalty for making hlse statoment in applications for loans or arlvances or any other assistance from the reconstruction bank ~ clause 68-this clau~e provides for the power of the central government to make rules for the purpose of giving et!ect to the provisions 0( thp act and in particular in respect of the matters specified in ·that clause clause 69-this clause seeks to empower the board of directors of "reconstruction bank, with the approval of the central govej,'dment, to make regulations not inconsistent with the act and the rules mst-de th~reunder, for the purpose of giving etlect to tbeprovtsions of the' act and in p'1rticular in respect of the matters specified in that clause czavse 70-this clause gives power to central government to remove defects in iiving eft'ect to any of the provisions of this act clause 71-this clause provides for certain amendments of the reserve bank of india act, 1934, the industrial disputes act, 1947 and the banking regulation' act, 1949 the amendments to the reserve bank of india act, 1934 arc mainl)t consequential this will enable the ,reserve bank to grant accommoda tion to the reconstruction bank against trustee securities, loans and advances and purchase of foreign exchange from the reserve bank of indi:l for the purpose of its financing activities the reserve bank of india is also being empowered to grant short-term loans to the recon- struction bank the amendment to the industrial disputes act, 1947 is to clarify that the appropriate government in relation to any industrial dispute, involv ing the reconstruction bank, will be the central government the amendment to the banking regulation act 1949 is for the purpose of extending the reconstruction bank the protection against any demand by any tribunal or authority under the industrial disputes act, 1947 for disclosure of information regarding its inner reserves the other amed4-ments prohibits the holding of arty agitation by the staff of the reeor· struction bank wi£hin the premises clcru8e 72-this clause deals with substitution in acts, rules anti gulations of the reconstruction bank in place of industrial recon~t1'uc~ tion corporation of india limited clause 4(1) provides tbat the ird~trial 'recodstructiolil bank of india shall have an authorised capital of two hundred crores of rupees gause 4(2) provides that the· initial paid up capital of 'the reconstruction bank shall be ~ crores of rupees obtained by acquiring the present paid up capital of twedty crores of rupees of the industrial reconstruction corporation of india limited; conversion into equity of central government loans to the reconstruction carporation to the extent of twenty crores of rupees and direct su~1l by, the central government of the remaining ten crores of rupees aause 4(3) povid~ that the reconstruction bank may incrc:8se its paid up capital by makin •• furthe~ iss~e of shares of such amount as it may think expedient within the ad-thorised capital of two hundred crores of rupees clause 4(4) provides ~ the entire paid up capital of the reconstruction bank shall be wholly subscn"bed by and allotted to the central government- thus, it would be necessary to make available a sum of twenty crores of rupees for acquiring the shares of the iikiustrial reconstruction coqx>ration of india and a sum of tea crores of rupees for subscribing to the share capital of tbe industrial reconstru'ction bank of india during the year 1984-85 it would also be necessary to coilvert the outstanding central government loans to the extent of twenty crorea of rupees to the industrial reconstruction corporation of india into equity of the reconstruction bank during the year 1984-85 the imp]ica~on of conversion of twenty crores of loan into equity df the reconstruction b'ank will be that after slich conversion the interest payable on the sum of twenty crore!r of' n:rpeei shall cease to be paid tile loss of interest amount may to lome extent btw offset by the dividend payable on this amount by the reconstruction baqk the extent of dividend that may be paid by the recon'truction bank, each year, on the ~um at twenty crores of rupees and the extent to which such payment of dividend "ould offset the loss of interest cannot be envisaged at thi~ stage ja regard to subscriptions beyond the initial paid up capital of fifty crofes of rupees th", central government may have to provide funds to the extent of one hun· dred and fifty crores of rupe~ over a period of time as and when the paid up capital of the reconstruction bank is proposed to be enhanced untu the paid up capital reaches the level of the authorised capital of ~wo hundred crofes of ruptes 2 c'iause 5(2) provides for payment by the central government to the in dustrial reconstruction corporation of jndia ltd an amount equal to the amount of fhe total paid up capital ()f the corporation for being disbursed to the existing !'hareholder!> of the corporation in terms of clause 6(1) the amount payable to the shilreholders being twenty crores of rupees, is the same amount indicated inc1ause 4(2) for acquiring sharc~ of the reconstruction corporation thus, there is no ildditional expenditure either in terms of clause 5(2) or clause 6(1) except to the extent of twenty crores of rupecfi contemplated to be paid fo, acquiring the shares of the reconstruction corporation under clause 4(2) tr:~----'" ,';j" 3 clause 12(2)(61) provides that ia the event of the central governmeat deciding to terminate the liervices of the chairman before the expiry of bis term; it shall either give him notice of not less than three months or three q10jltbs' salary and allowance in lieu of uch notice the salaries and auowancs of the chairman of the reconstruction bank shall be the same lots presently njoyed by him, as the chairman of the 'reconstruction corporation the chairman ot the iildustrial reconstructioa corporation is presently drawinj a salary of three thousand five hundred rupees in the pay scale of rs 35()()125-4000 thus in the event of the central government deciding to temlinate the services of the chairman of the reconstruction b~mk without three months' notice the central government may have to pay an amount ronging from ten thousand five hundred rupees to twelve thousand rupees plus three months' allowances a~ admissible to the chuirman at the time of sllch termination 4 clause 20 provides that the central government may, after due appropriation made by law, advance to the reconstruction bank, interest free loans or interest bearing loans, on such terms and conditions as may be agreed upon it may be necessary for the central government from the year 1984-85 onwardi to grant loans ranging from forty crores of rupees to eighty cron's of rupees every year depending upon the magnitude of the operations of the reconstruction bank, 011 such terms and conditions lls may be agreed upon 5 clauie 21 provides that the industrial reconstruction bank of india may iisue and sell bonds and debentures with or without the guarantee of the ('~n­iral government cause 21(2) provides that the central government may on a request being made to it by the reconstruction bank guarantee the bonds and debentures issued by that bank as to the repayment of principal and payment of interest at such' rate as may be fixed by that government the extent of the contingent liability arising out of the central government guarantee in respect of bonds and debentures issued by the reconstruction bank will depend upon the size of the market borrowings of the reconstruction bank, the exact quantum of which would be known only at'1er the bank has ~tarled fw'lctioning 6 clause 23 (2), read with clause 23 (1 ), provides that the centrlll govern-melit may, where necessary,qtjarantce the foreign currency loans taken by the reconstruction bank with thepreviou~ consent of the central government from any bank or financial institution or other prescribed sources in any foreign country the extent of the contingent liability arisinl!; out of such guarantee will depend upon the extent of the foreign currency borrowings by the reeonstnu:tion bank which would be known only after the bank bas started fwtetioning clause 23(4) provides that any loss or profit arising from ftuctuation~ in the rate of exchange relating to borrowings in foreign currency will be borne by or accrue to the central government as the case may be if such fluctuation is not related to nonnal market fluctu:!tion~ in foreign elrchan'!e and occurred after the period within which the forci,," currency loan i'l reoavhh1, mr the industrial concern or the period of actunl repavm~nt by tbe concern whichever is longer the extent of this con!ingent liability will depend not onlv udon the extent of foreign exchange fluctuations but also the nature and the time of occurencc of such fluctuation further the los on 1c:coun' of depreciation in the value of the rupee at any poidt of ti~e will be offset to some e)[tent by the p-roftt accruing from appreciation of the value ~ the rupee at other point~ rl time, 7 clause 24 provides· that the recodsttuction bank may i'ccoive gifts, jl'3iltl, donations or benefactions from the ceotral government it is dot pr0-posed at this stage to make any contributions to the reconstruction bank under this provision s cause 53 provides that the reconstruction bank shall not be liable to pay income-tax, companies (profits) surtax, i!ltcrest~ax or any other tax in respect of any income, profit or gains accruing to the reconstruction asslsteed fund or any amount received to the credit of that fund as also on any income, profit or gains or any amount received by the reconstruction bank including any interest collected by or payable to the reconstruction bank in accordanco with the provisions of the interest-tax act, 1974 the extent of the contingent liability on account of loss of income-tax, companies (profits) sunax, interest tax or any other tax in terms of the provision o1f this clause will depend upon the extent of tbe operation of the reconstruction bank, the exact quantum ot 19hich will vary from year to year, and would be known only after the bank has become fully functional 9 no other provision of tbe bill, would, if enacted, involve any other expenditure of a recurring or a non-recurring nature from and out of the coasolidated fund of india sub-clause (6) of clause 49 empowers the central government to authorise the reconstruction bank to prepare a scheme for the reconstluction, revival or rehabilitation of the assisted industrial concern; for scaling down liabilities of such a concern or for the amalgamation of such a concern with any other industrial concern if any difficulty arises in giving effect to the provisions of the scheme~ the central government may by order do anything, not inconsistent with such provilsions, which appears to it to be necessary or expedient for the purpose of removing the difficulty [vide sub-clause (14) j it is also provided that the scheme or any order !ssued for removing the djfficulty shall be laid before both houses of parliament [vide sub-clause (15)] 2 qause 68 of the bill empowers the central government, by notification in the official gazette, to make rules for carrying out the provisions of the proposed legislation sub-clause (2) thereof enumerates in detail the matters in respect pf which rules may be made under that clause these matters relate to the institutions and agencies in and outside india, the payment of whose loans to industrial concerns may be guaranteed, counter-guaranteed or indemnified by the reconstruction bank, the institutions and agencie~ which may be provided with line of credit by the reconstruction, bank for grant by them of loans and advances to industrial concerns, the persons who may be appointed to act as agents of the reconstruction bank and the manner in which and the conditions subject to which insurance or provident fund may be constituted by the reconstruction bank 3 cause 69 of the bill empowers the board of directors of tho reconstruction bank with the previous sanction of the central government, to make by notification in the official gazette, regulations not inconsistent with the provisions of thebill and the rules made thereunder, to provide for all matters for which regulations are necessary or expedient for the purpose of giving effect to the provisions of the bill and of the rules made thereunder the matters in respoe't of which such regulations may be made are specified in sqbclause (2) of that clause 'jihese matters, inter alia, relate to the restrictiods relar;n~ to the "owen; which mav be exrrci!ied bv the chairman of the board of directors, the time jnd place at which the board of directors shall meet aud the rules of procedure (inc1udin/! quorum) which shall be observed by the board in regard to the transaction of hl1sine~s at its meetin2s the conditions and limitations subject to which an industrial concern may enter into any kind of business and the form and manner in which the balance-sheet and acco~ts of the reconstruction assistance fund shall be prepared 4 the matters with respect' to which the rules and regujation~ may be made are matters of procedure or detail and as such the delegation or legislative power is of a normal character i s cause 70 of the bill empowers the central government, by notification in the official gazette, to remove any difficulty which may arise in giving effect to any of the provisions ·of the biu as all the problems which may arise cannot be envisaged, this provision has been included by way of abundant caution it is also made clear in the clause that no such notification shall be made after the expiry of a period of two years from the commen~ment of that claube extmc'l's from the reserve bank of india ar:r, 1934 (2 of 1934) - 17 the bank shall be authorisedto carry on and transact the bliilseveral kinds of business hereinafter specified, namaly:-nem wbicb the til bank (4g) the making of loans and advances to, and the purchasing idaj of bonds land debentures of, the development bank or the exim transact bank out of the national indusirial credit (long term operations) fund establfshed under section 46c; (4-1) the making to scheduled banks, the development bank, the exim bank, the industrial finance corporation and any other financial institution as may, on the recommendation of the bank, be approved in this behalf by the central government of 10anj and advances repayable on demand or otherwtise and against such security and on such other terms and conditions as may be approved in this behalf by the central board for the purpose of enabling such banks, or financial institution, as the case may be, to purchase foreign exchange from the bank for the purpoee of financing the import of capital goods or for auch other - purpole8 as may be approved by the central government; - (12b) the making of loans and advances in foreign currencies to scheduled banks, the development bank, the exim bank, the industrial finance corporation, any state financial corporation and any other financial institution may, on the recommendation of the bank, be approved by the central government and on iuch terms and conditions as may be specified by the central board in this behalf, against promisbory notes of suc~ bank or financial institution, as the case may be: provided that the borrowing bank or financial institution, as the case may be furnishes a declaration in writing to the effeet tha~ (a) it has made loans and advances in foreign currencies for~ini international trade or for the import ()f capital goods or for such other purposes as may be approved by the central· government; and (b) that the amount of loans or advances so made and outstanding at any time will not be less than the outstandmg amount of the loans or advancn obtained by it from the bank; - - - u (1) tvery bank included in the second schedule shall maintala with the bank an average daily balance the amount of which shall not be leu than three per cent of the total of the demand and time liabili· ties in india of such bank as shown in the return referred to in sub--section (2): a,nk provided that the bank may, by notification in the gazette of india, increue the said rate to such hlgher rate as may be specified in the notification so however that the rate shall not be more than fifteen per cent 01 the total of the demand and time liabilities e:cplanation-for the purposes of this section,~ '" '" '" (c) "liabilities" shall not include-'" :' '" '" - it; (ii) the amount of any loan taken from the bank or from the development bank or from the exim bank or from the national bank, '" '" '" 48c (1) - - (2) the amount in the said fund shall be applied by the "bank oniy to the following objects, namely:-ii< '" '" '" - national ldclurdal crecut (lon, term opera-tiodl) j'und (r) tne making to the exirn bank of loans and advances for the purposes' of any business of the exim bank; (d) the purchasing of bonds and debentures issued by the exim bank '" '" '" '" '" bx'l'ra(:t from the industrial disputes act, 1947 (14: of 1947)'" •• - 2 in this act, unless there is anything repugnant in the subject ot conb!xt,-j - " - '" - (bb) "banking company" means a banking' company as defined in section 5 of the banking companies act, 1949, having branches 10 of 1940 or other establishments in more than one state, and includes- the export-import bank of india, the industrial development bank of " incua, the reserve bank of india, the state bank of india, a corresponding new bank constituted under section 3 of the banking com- panies (acquisition and transfer of undertakings) act, 1970, a 5 of 1970, corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980, 40 ot 1980 and any subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1969; 38 of 1081 - , - - - ii' extracts from the banking reculation aj:r 1949(10 of 1949) - - - - - 26 of 1881 18 every banking company, not being a scheduled bank, shall maintain in india, by way of cash reserve with itself or in current account reserve opened wi~h the reserve bank or the state bank'of india or any other bank notified by the central government in this behalf or partly in cash with itself and partiy in such account or accounts, a sum equivalent to at least three per cent of the total of its time and demand liabilities in india, and shall submit to the reserve bank before the tifteentb day of every month a return showing the amount so held on friday of each week of the preceding month with particulars of its time blui demand liabilities in india on each such friday, or, 1f any such friday is a public holiday under _ the negotjable instruments act, 1881, at the close of business on the preceding working day explanation ·-in this section and in section 24, "liabilities in india" shall not include-- - - - 2 of j934 (b) any advance taken from the reserve bank or from the state bank of india or from the industrial development bank of india or from the export-import bank of india or from the national bank or from any -bank notified by the central government under clause (c) of the explanation to sub-section (1) of section 42 of the reserve bank of india act, 1934 - - - - - ma (1) - - - - - - production of document ofconftdential nature is of 1970 21 of 1978 40 of 1980 (3) for the purposes of this section, "banking company" in<:judes the export-import bank of india, the industrial devel09ment bank of india, the national bank, the reserve bank, the state bank of india a corresponding new bank c;onstituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, a regional rural bank established under section 3 of the regional rural banks act, 1976, a corresponding new bank constituted under section '3 of the banking companies (acquisition and transfer of undertakings) act, 1980, and any subsidiary bank - - - - 36ad (1) - - - - - - punishments for certain activities 1d reiatlon to bank-ine compame 5011970 21 of 1978 (3) for the purposes of this section, "banking compan," includes the export-import bank of india, the reserve bank, the industrial development bank of india, the national bank, the stare bank of india, a eorresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, a regional rural bank estabushed under ff'ction 3 of the regionl rural banks act, 19'16, a corresponding new bank constituted under section 3 of the banjpng companies (acquisition and transfer of undertakings) act, 1980, and any subsidiary bank / 40 of 1980 - - - - - 56 the provisions of this aet, as in force for the time being, shall apply to, or in relation to, co-operative societies as they apply to, or in relation to, banking companies subject to the following modifications, namely: -i ::~ ij - - - - - act to apply to cc-opers_ tive societies subject to modiftc:atiors (j) for section 18, the following section shall be substituted, namely:-cash reserve 2 of 1934 28 of 1881 '18 every co-operative bank, not being a state ~o-operatlve bank for the time being included in the second schedule to the reserve bank of india act, 1934, shall maintain in india, by way of cash reserve with itself or in current account opened with the ~serve bank or the state bank of india or the state co-operative bank of' the state concerned or with any other bank notified by the central government in this behalf or, in the case of a primary co-operative bank, with· the central ~o­operative bank of the district concerned or partly in cash with itself and partly in such account or accounts, a sum equivalent to at least three per cent of the total of its time and demand liabilities in india, and shall submit to the reserve bank before the 15th day of every month a return showing the amount so held on friday of each week of the preceding month with particulars of its time ~d demand liabilities in india on each such friday, or, if any such friday is a public holiday under the negotiable instruments act, 1881, at the close of business on the preceding working day explanatioo-in this section and section 24, "liabilities in india" shall not include,-- - - - - (b) any advance taken from a state government, the reserve bank, the state bank of india, the industrial development bank of india, the export-import bank of india, the national bank or any b~ notified by the central government under clause (c) of the exp14nation to subsection (1) of section 42 of the reserve bank of india aet, 1934:; 2 of 1934 - - - - - a billto provide for the establishment of the industrial reconstruction bank of india, and for the transfer to, and vesting in, the said reconstruction bank, of the undertaking of the corporation known as the industrial reconstruction corporation of india limited, with a view to enabling the said reconstruction bank to function as the principal credit and reconstruction agency for industrial revival and to co-ordinate similar work of the other institutions engaged therein and to assist and promote industrial development, arid to rehabilitate industrial concerns, and for matters connected therewith or incidebtal thereto (shri pranab kumar mukhet'jee, minibte7' 0/ finance)

Parliament_bills

7b3d2a82-0b9e-5709-8f6d-112786b16557

bill no 180 of 2014 the public records (amendment) bill, 2014 by dr shashi tharoor, mp a billto amend the public records act, 1993be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the public records (amendment) act, 201469 of 1993amendment of section 22 in section 2 of the public records act, 1993 (hereinafter referred to as the principal act),—(i) after clause (d), the following clause shall be inserted, namely:—5"(da) "private record" means a record created or received by a private individual or a company or any other body other than the records creating agency" (ii) for clause (e), the following clause shall be substituted, namely:—10"(e) 'public records' mean records created or received by a records creatingagency in pursuance of its activities and include—(i) any document, manuscript and file;(ii) any microfilm, microfiche and facsimile copy of a document; (iii) any reproduction of image or images embodied in such microfilm(whether enlarged or not);(iv) any electronic record;5(v) any recording generated, sent, received or stored in any media and on which sounds or images or both are fixed or from which sounds or images or both are capable of being reproduced; and(vi) any other material produced by a computer or by any other device regardless of form or medium1021 of 2000explanation—the expression "electronic record" in sub-clause (iv) shall have the same meaning as assigned to it in clause (t) of section 2 of the information technology act, 2000"3 in section 3 of the principal act,—amendment of section 3(a) in sub-section (2)—15(i) for clauses (l) and (m), the following clauses shall be substituted, namely:—"(l) acceptance, preservation and exhibition of private records of historical or national importance which cannot be appropriately preserved, managed, arranged or exhibited by a private individual or a company or any other body creating or receiving those private records;20(m) making public records accessible, subject to fair and reasonable restrictions, and promote their use by the public;" (ii) after clause (r), the following clauses shall be inserted, namely:—25"(s) granting permission for transfer of those public records that have been in existence for less than twenty years to the national archives of india or, as the case may be, the archives of the union territory;(t) seek clarifications from those records creating agencies that have not furnished action taken report or have not complied with the provisions of the act and initiate appropriate legal proceedings;"; and(b) after sub-section (2), the following sub-section shall be added, namely:—30 35"(3) the director general or the head of the archives shall submit an annual report to the central government and central government shall cause the report to be laid, within fourteen days after its receipt, before each house of parliament, if parliament is in session, and if parliament is not in session, then within fourteen days of the commencement of the session of parliament"4 in section 5 of the principal act,—amendment of section 5(i) in sub-section (2), for the words "may set up", the words "shall set up" shall be substituted; and(ii) after sub-section (2), the following sub-section shall be added, namely:—40"(3) each records creating agency shall publish information annually on the public records that have been appraised, declassified or transferred to the national archives of india, or as the case may be, the archives of the union territory"amendment of section 65 in sub-section (1) of section 6 of the principal act, for clause (c), the following clause shall be substituted, namely:—45"(c) appraisal and transfer of public records which are in existence for twenty years or more in consultation with the national archives of india or, as the case may be, the archives of the union territory with a view to preserve public records"6 in section 11 of the principal act,—amendment of section 11(i) for sub-section (1), the following sub-section shall be substituted, namely:—5"(1) the national archives of india or the archives of the union territory may accept, by way of gift, purchase or otherwise, preserve or exhibit private records of historical or national importance which cannot be appropriately preserved, managed or exhibited by a private individual or a company or any other body creating or receiving those private records"; and10(ii) in sub-section (2), for the words "any bona fide research scholar" the words"public for inspecting and obtaining copies thereof" shall be substitutedamendment of section 127 for section 12 of the principal act, the following sections shall be substituted, namely:—access to public records15"12 (1) all unclassified public records which are in existence for more than twenty years and are transferred to the national archives of india, or as the case may be, the archives of the union territory, shall, subject to fair and reasonable restrictions, be made available to the public for inspection and obtaining copiesexplanation i—for the purposes of sub-section (1), the period of twenty years shall be reckoned from the year of the opening of the public record20explanation ii—for the purposes of this section, the expression "reasonable restrictions" shall include imposing restrictions in the interest of the sovereignty and integrity of india, security of the state, friendly relations with foreign states, public order, incitement to an offence, or conditions of the donor of private records25(2) any records creating agency may grant to any person access to any public record in its custody in such manner and subject to such conditions as may be prescribed:30provided that all unclassified public records, which are in existence for more than twenty years and in the custody of any records creating agency, shall be made available to the public for inspection and obtaining copies thereof, subject to fair and reasonable restrictions, by making arrangements comparable to those made for public records by the national archives of india or the archives of the union territorydeclassification of classified records3512a all classified records being maintained by the records creating agency shall be declassified, for the purposes of this act, on such date or event for declassification, as determined by the concerned records creating agency but such date or event shall not be more than twenty years from the date of the decision of classification:provided that if the sensitivity of the information requires, the records creating agency may mark the records as classified for upto twenty-five years, for the purposes of this act"8 in section 13 of the principal act, in sub-section (2),—amendment of section 1340(i) in clause (b), for the words "and ministry of personnel, public grievances and pensions", the words, "ministry of personnel, public grievances and pensions and ministry of science and technology" shall be substituted; and(ii) for clause (d), the following clause shall be substituted, namely:—45"(d) ten persons to be nominated by the central government for a periodnot exceeding three years, three being archivists, six being professors in the post-graduate department of history in any recognized university and one being an electronic or computer engineer"9 in section 17 of the principal act, in sub-section (2),—amendment of section 17(i) in clause (f), for the words "research scholar", the word "public" shall be substituted; and(ii) for clause (g), the following clause shall be substituted, namely:—5"(g) fair and reasonable restrictions subject to which public records may be made available to the public under section 12;" statement of objects and reasonsrecords are created to serve as evidence of transactions and as testimony of the pastby preserving records generated by our government bodies and other record creating agencies, the national archives of india preserves the memory of the daily dealings of government, citizens, organizations and all connected activities these archives eventually become a keeper of our culture, history, achievements and failuresthe public records act was enacted on 22nd december, 1993 to regulate the administration, management and preservation of records of the central government, union territory administrations, public sector undertakings, statutory bodies and corporations, commissions and committees constituted by the central government or a union territory administration it creates an onus on all the bodies of the government to provide for the safekeeping of information and records of their daily activitieshowever, the act has failed to establish a strong mechanism for accountability and transparency even though an adequate punishment has been prescribed for the offenders, in the absence of any authority constituted for initiating legal proceedings, the penal provisions of the act have never been invoked such procedural lacuna have resulted in ineffective implementation of the provisions of the actfurther, there is a need to ensure that classified documents be de-classified and made accessible to the public after the expiry of a reasonable time period the declassification process should not be left at the mercy of periodic reviews and the judgment of any one individual the ''default option" should be that of openness and transparency the unclassified public records, however, should be made accessible subject to reasonable restrictions involving the security of the state and public orderit is also important to ensure that any citizen, whether a bona fide researcher or not, should have access to inspect and obtain copies of unclassified records preserved by the national archives of india or any records creating agency one should not feel the need to resort to the right to information act for obtaining information from archives it should strictly be in the domain of the public records acthence this billnew delhi;shashi tharoornovember 7, 2014 financial memorandumclause 8 of the bill seeks to provide for reconstitution of the archival advisory board and increasing the number of members on the board from thirteen to twenty-twoall members of the advisory board shall be entitled to such travelling allowance and daily allowance as may be determined by the central government it is expected to be in accordance with the rates admissible to 'group a' officers of the central government the bill, therefore, if enacted, would involve expenditure from the consolidated fund of indiafurther as expenditure would depend on the number of meetings of the archival advisory board, recurring or non-recurring expenditure cannot be anticipated at this stage memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules to impose fair and reasonable restrictions subject to which public records may be made available to the public as the rules will relate to matters of detail only, the delegation of power is, therefore, of a normal character annexure extract from the public records bill, 1993 (69 of 1993)definitions2 in this act, unless the context otherwise requires,—(a) (b) (c) (d) (e) "public records" includes—i any document, manuscript and file; ii any microfilm, microfiche and facsimile copy of a document; iii any reproduction of image or images embodied in such microfilm(whether enlarged or not); and iv any other material produced by a computer or by any other device, of any records creating agency; (f) (g) "records officer" means the officer nominated by the records creating agency under sub-section (1) of section 5 3 (1)(2)(l) accepting records from any private source; (m) regulating access to public records;(r) obtaining on lease or purchasing or accepting as gift any document of historical or national importancepower of the central government to coordinate, regulate and supervise operations connected with administration, management, etc, of public records5 (1)records officer(2) every records creating agency may set up such number of record rooms in such places as it deems fit and shall place each record room under the charge of a records officer6 (1) the records officer shall be responsible for—(a) responsibilities of records officer(b) (c) appraisal of public records which are more than twenty-five years old in consultation with the national archives of india or, as the case may be, the archives of the union territory with a view to retaining public records of permanent value; 11 (1) the national archives of india or the archives of the union territory may accept any record of historical or national importance from any private source by way of gift, purchase or otherwisereceipt of records from private sources(2) the national archives of india or, as the case may be, the archives of any union territory may, in such manner and subject to such conditions as may be prescribed, make any record referred to in sub-section (1) available to any bona fide research scholaraccess to public records12 (1) all unclassified public records as are more than thirty years old and are transferred to the national archives of india or the achives of the union territory may be, subject to such exceptions and restrictions as may be prescribed, made available to any bona fide research scholarexplanation—for the purposes of this sub-section, the period of thirty years shall be reckoned from the year of the opening of the public record(2) any records creating agency may grant to any person access to any public record in its custody in such manner and subject to such conditions as may be prescribed13 (1)archival advisory board(2) the board shall consist of the following members, namely:—a b one officer not below the rank of joint secretary to the government of india,each from the cabinet secretariat, ministry of home affairs, ministry of defence,ministry of external affairs, ministry of finance and ministry of personnel, publicgrievances and pensionsc d three persons to be nominated by the central government for a period notexceeding three years, one being an archivist and two being professors in thepost-graduate department of history in any recognized university 17 (1) power tomake 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, f the manner in which and the conditions subject to which public records may bedestroyed or disposed of under sub-section (1) of section 8; g the manner in which and the conditions subject to which records of historicalor national importance may be made available to research scholar under sub-section(2) of section 11; ———— a billto amend the public records act, 1993————(dr shashi tharoor, mp)

Parliament_bills

fac47924-6260-5935-8264-4fcde0d1a8a5

financial memorandumclause 2 of the bill provides for establishment of agricultural workers welfare board to protect the interests of agricultural workers in the country clause 4 of the bill provides for employment and assistance to agricultural workers during off season period the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees three hundred crore from the consolidated fund of india a non-recurring expenditure of about rupees one crore is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to frame rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character

Parliament_bills

a6c9adfc-10f0-56f8-b159-a7ca6332d101

bill no 112 of 2013 the right to information (amendment) bill, 2013 a billto amend the right to information act, 2005be it enacted by parliament in the sixty-fourth year of the republic of india as follows:— 1 (1) this act may be called the right to information (amendment) act, 2013 (2) it shall be deemed to have come into force on the 3rd day of june, 2013short title and commencement amendment of section 222 of 20052 in section 2 of the right to information act, 2005 (hereinafter referred to as the principal act), in clause (h), the following explanation shall be inserted, namely:––543 of 1951'explanation––the expression "authority or body or institution of selfgovernment established or constituted" by any law made by parliament shall not include any association or body of individuals registered or recognised as political party under the representation of the people act, 1951' 3 after section 31 of the principal act, the following section shall be inserted, namely:—10insertion of new section 32validation"32 notwithstanding anything contained in any judgment, decree or order of any court or commission, the provisions of this act, as amended by the right to43 of 1951information (amendment) act, 2013, shall have effect and shall be deemed always to have effect, in the case of any association or body of individuals registered or recognised as political party under the representation of the people act, 1951 or any other law for the time being in force and the rules made or notifications issued thereunder" statement of objects and reasonsthe right to information act, 2005 was enacted by the government for setting out a framework for effectuating the right to information for citizens and to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority2 the central information commission in one of its decision dated 03062013 has held that the political parties namely aicc/inc, bjp, cpi (m), cpi, ncp and bsp are public authorities under section 2(h) of the said act the government considers that the cic has made a liberal interpretation of section 2(h) of the said act in its decision the political parties are neither established nor constituted by or under the constitution or by any other law made by parliament rather, they are registered or recognised under the representation of the people act, 1951 and the rules/orders made or issued thereunder3 it has also been observed that there are already provisions in the representation of the people act, 1951 as well as in the income-tax act, 1961 which deals with the transparency in the financial aspects of political parties and their candidates4 declaring a political party as public authority under the rti act would hamper its smooth internal working, which is not the objective of the said act and was not envisaged by parliament under the rti act further, the political rivals may misuse the provisions of rti act, thereby adversely affecting the functioning of the political parties5 in view of above, the government has decided to amend the rti act to keep the political parties out of the purview of the rti act, with a view to remove the adverse effects of the said decision of the cic it is also necessary to give retrospective effect to the proposed amendment with effect from the date of the said decision of cic, that is, 3rd day of june, 20136 the bill seeks to achieve the above objectsv narayanasamynew delhi;the 5th august, 2013 annexure extract from the right to information act, 2005 ( 22 of 2005) definitions2 in this act, unless the context otherwise requires, — (h) "public authority" means any authority or body or institution or self-government established or constituted—(a) by or under the constitution; (b) by any other law made by parliament; (c) by any other law made by state legislature; (d) by notification issued or order made by the appropriate government, and includes any—(i) body owned, controlled or substantially financed; (ii) non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate government; ———— a billto amend the right to information act, 2005————(shri v narayanasamy, minister of state in the ministry of personnel, public grievances and pensions)gmgipmrnd—1750ls(s4)—07-08-2013

Parliament_bills

f8d8b0a9-bd2b-5ea8-93dd-1bc75bf7500e

bill no 13 of 2010 the private schools (regulation) bill, 2010 byshri bhausaheb rajaram wakchaure, mpa billto regulate the functioning of private schools and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:—1(1) this act may be called the private schools (regulation) act, 2010(2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appointed day" means the date of commencement of this act; (b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(c) "authority" means the private schools education authority constituted by the appropriate government under section 3;(d) "prescribed" means prescribed by rules made under this act; and10(e) "private school" means an unaided school, whether recognized or not, which is not run by the appropriate government, or its local authority or any other authority designated or sponsored by appropriate government and includes a pre-primary, primary, middle, higher secondary and senior secondary school and also other institutions which impart education or training below the degree level but does not include an institute which imparts technical education15constitution of education authority3 (1) with effect from the appointed day, the appropriate government shall, by notification in the official gazette, constitute an authority to be known as the private schools education authority to regulate within its territorial jurisdiction, the functioning of private schools and conditions of service of teachers working in such schools(2) the authority shall consist of,—(a) a chairman to be appointed by the appropriate government; and20(b) a maximum of twelve members to be appointed by the appropriate government:provided that the number of members shall, in no case, be less than six(3) the chairman and other members referred to in sub-section (2) shall be chosen from amongst the persons who have special knowledge and at least twenty years of experience in the field of education25(4) the term of office and conditions of service of the chairman and the other members shall be such as may be prescribed(5) the appropriate government shall appoint such number of officers and staff to assist the authority, as it considers necessary for its efficient functioningfunctions of the authority4 (1) it shall be the duty of every authority to regulate the functioning of private schools and conditions of service of teachers, under its jurisdiction30(2) without prejudice to the generality of the provisions contained in sub-section (1), the authority may,—(a) fix the student-teacher ratio for each standard;35(b) put a ceiling on the tuition fee and other charges, including payments in the form of sports fee, computer fee or any other fee of similar nature, which is charged by a private school for a particular class;(c) fix the hours of duty for teachers; (d) monitor the funds collected by the schools; and (e) perform such other functions as may be prescribed40power to make regulations5 (1) the authority, with the previous approval of the appropriate government, may make regulations consistent with this act for regulating the minimum qualifications for recruitment, and the conditions of service of teachers of the private schools45 (2) subject to any regulation that may be made in this behalf, no teacher of a private school shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with the prior approval of the authority6 the salary, allowances, medical facilities, pension, gratuity, provident fund and other benefits of the teachers of private schools shall not be less than those of the teachers of the corresponding status in schools run by the appropriate governmentsalary, allowances and other benefits to teachers fee and other charges7 no private school shall charge a tuition fee or collect other charges or receive payments, in excess of the amounts specified by the authority:5provided that every private school shall obtain prior approval of the authority for charging tuition fee or collecting other charges or receiving payments, exceeding the amounts specified by the authorityclosing down of school108 if the appropriate government, on receipt of a report from the authority, is satisfied that the managing committee of any private school has neglected to perform any of the duties imposed on it by or under this act or any rules or regulations made thereunder and that it is expedient in the interest of school education to close down such school, it may, after giving reasonable opportunity of showing cause against the proposed action, order closing down of such school for such period as it may consider appropriate:15provided that if the school is a recognized private school, the appropriate governmentmay also withdraw its recognition9 the provisions of this act shall be in addition to and not in derogation of any other law or rules made thereunder for the time being in forceact not in derogation of other laws20power to remove difficulties10 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty:provided that no order shall be made under this sub-section after the expiry of two years from the appointed day25(2) every order made under this section shall be laid, as soon as may be after it is made,before each house of parliamentpower to make rules11 (1) the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of this act3035(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(3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonsnowadays running an unaided private school has become a business there are a number of unaided private schools throughout the country being run by a handful of persons the main aim of these persons is to earn money rather than to impart good education these schools are charging hefty tuition fee besides other charges in the name of donations, building funds, computer fee, etc these schools after availing the necessary tax concessions are not investing the funds collected by them for the development of the schools the teachers in these schools are underpaid and are also not given service benefits like medical facilities, provident fund, etc there are cases of arbitrary retrenchment and suspension of teachers the management works in connivance with officials of education department the women teachers are subjected to various kinds of harassmentthus, education is not safe in the hands of such unscrupulous persons overcharging of fee on one hand and underpayment to teachers on the other hand is the modus operandi of these people the tax laws are violated with impunitytherefore, it has become necessary to set up adequate mechanism to monitor, regulate and control the thriving education business not only to ensure that children get good quality education, but also to protect the parents from exploitationhence this billnew delhi;bhausaheb rajaram wakchauredecember 14, 2009 financial memorandumclause 3 of the bill provides that the appropriate government shall, within its territorial jurisdiction, establish private schools education authority to regulate the functioning of the unaided private schools 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, is likely to involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one crore will be involved as recurring expenditure per annum from the consolidated fund of indianon-recurring expenditure to the tune of rupees twelve lakh is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the authority to make regulations for regulating the minimum qualifications for recruitment and conditions of service of teachers of private schools clause 11 empowers the appropriate government to make rules for carrying out the purposes of the bill the matters in respect of which rules and regulations may be made are matters of administrative details and procedure and, as such, the delegation of legislative powers is of a normal character————— a billto regulate the functioning of private schools and for matters connected therewith or incidental thereto—————(shri bhausaheb rajaram wakchaure, mp)gmgipmrnd—220ls(s5)—24-02-2010

Parliament_bills

4832a95e-770d-5a1e-91d0-ca60e73ac2d6

financial memorandumclause 5 of the bill provides for establishment of "receiving centres" in every district by the appropriate government clause 6 provides for setting up of beggars' welfare fund clause 7 provides for formulation of schemes and creating suitable infrastructure by appropriate government in every district so as to enable beggars to take up suitable jobs it further provides for setting up of destitute homes by the appropriate government the central government would have to incur expenditure from the consolidated fund of india for establishment of receiving centres, destitute homes, formulating schemes, creating suitable infrastructure in respect of union territories and shall also have to contribute monies into beggars' welfare fund as fir as establishment of receiving centres, destitute homes, formulation of schemes and creating suitable infrastructure in the states are concerned, the concerned state governments will incur expenditure from their consolidated funds, though the central government may have to extend some financial assistance to the states for implementing the provisions of the bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one hundred crore per annum a non-recurring expenditure of about rupees fifty lakhs is also likely to be involved memorandum regarding delegated legislationclause 8 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 anormal character

Parliament_bills

2829b27a-0576-5cad-bfab-505696ff7e43

tile assam rifles (amendment) bill, 19s8(as introduciid in lok sabra) the assam rifles (amendment) bill, 1958 (as introduced in loie sabra) a bill!urih, to amem the assam rifles aot, 19'1 ba it enacted by parliament in the ninth year of the republic of india u follows:-1 this act may be called the assam rifles (amendment) ad, shott tide lea 5 2 in clause (a) of sub-section (1) of section 8 of the assam amcddjqedt rifles act, 1941 after the word "commandant" the words "or an of mction i, , , aetsof assistant commandant" shall be inserted 1941 while clause (4) of sub-section (1) of section 8 of the assam rifles act, 1941 (5 of 1941), confers on a district magistrate and a commandant of the assam rifles powers to award imprisonment extending to twenty-eight days in respect of petty offences against discipline, it confers on an assistant commandant in similar cases powers of punishment extending to seven days the relative status of the authorities no doubt varies, but the differentiation was made --«1 tbe~· of the conditions previously obtaining in the administration of the north-eastern frontier agency when a major ponton of the;area:was i)ot,erjmjnibtttredand the auam riftes outposts w1!re rarely situated beyond fifty miles from the plains and were easily accessible 'lhe '11_1ty for emdaaing, equal powers on an assistant commandant was, therefore, not felt at that time the position has now undergone a radical change and the outposts and wing headquartersof theaam lwiee· ba\lleftow :moved into the interior for some of the outpo~ts, the normauine of communications is by air lift since the punishing power of an assistant commandant is limited, a breach of discipline in remote outposts is dealt with at ipieseotettjaer by ,the rd gfa light puniahment ,within the powers of assistant commandant or by subjecting the ottender to a mag llulich to the headquarters for trial by a commandant in the former ease, a disproportionately ·light· punishment is apt to create 6 sense gf laxity in tbe ranks of rlflemen and in the latter case, the efteetof the punishment is lost due to delayed award cif 1!ientenee moreover, in certain cases where witnesses have to be examined, they often refuse to go too fur from their homes in the circumstances, it is necessary that assistant commandants should also have the same powers as commandants the bill gives effect to this object new di:lhi; the 24th septemb~, 1958 lakshmi n menon - - - - - 8 (1) a district magistrate or a commandant, or subject to midoj' ollenthe control of the commandant, an assistant commandant, or :u~t subject to the control of the commandant an officer not below the rank of a jamadar commandingjlseparate detachment or an outpost or in temporary command at the headquarters of a district during the absence of the district magistrate, commandant and assistant commandant, may, without a formal trial, a'mll"d to any rifleman below the rank of a naik, who is subject to his authority, any of the following punishments for the commission of any petty offence against discipline, which is not otherwise provided for in this act, or which is not of a suftlciently serious nature to call for prosecution before a criminal court, that is to say,-(a) imprisonment in tbequarter guard, or such other place as may be considered swtable, wr a term whic:b may extend to twenty-eight days when' the order' is passed by a district magistrate or a commandant or to seven days when it is passed by any other officer; , (b) punishment drill, extra guard, fatigue or other duty, not exceeding twenty-eight days in duration, with or without confinement to lines; (c) forfeiture of pay and allowances for a period not exceeding twenty-eight days, - - - - - a bill further to amelld the assam ri1les act, i~l (shrimati laluhmi n mtftont deputy minister of exttmal affair )

Parliament_bills

c497a938-2939-5f37-b3f7-7afb1b311ae5

bill no 67 of 2008 the vice-president's pension (amendment) bill, 2008 a billfurther to amend the vice-president's pension act, 1997be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the vice-president's pension (amendment) act, 2008short title and commencement(2) clause (i) of section 2 shall be deemed to have come into force on the 1st day of january, 2006 and the remaining provisions of this act shall come into force at onceamendment of section 230 of 19972 in section 2 of the vice-president's pension act, 1997 (hereinafter referred to as the principal act),—(i) in sub-section (1), for the words "of twenty thousand rupees", the words "at the rate of fifty per cent of the salary of the vice-president'' shall be substituted;(ii) in sub-section (2), for clause (c), the following clause shall be substituted, namely:—"(c) to secretarial staff consisting of a private secretary, an additional private secretary, a personal assistant and two peons and office expenses not exceeding sixty thousand rupees per annum"amendment of section 3a 3 in section 3a of the principal act, for the words "unfurnished residence", the words and brackets "furnished residence (including its maintenance)" shall be substituted4 after section 5 of the principal act, the following section shall be inserted, namely:—insertion of new section 6 power to remove difficulties"6 (1) if any difficulty arises in giving effect to the provisions of this act as amended by the vice-president's pension (amendment) act, 2008, the central government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty:provided that no such order shall be made after the expiration of two years from the date on which this act comes into force(2) every order made under sub-section (1) shall be laid before each house of parliament" statement of objects and reasonsunder sub-section (1) of section 2 of the vice-president's pension act, 1997, former vice-presidents are entitled to a pension of rupees twenty thousand per mensem for remainder of his life the salary of the vice-president is being increased with effect from 1st january, 2006 in order to bring parity in the salaries of constitutional functionaries therefore, it is proposed to make a former vice-president entitled to a pension at the rate of fifty per cent of the salary of the vice-president per mensem with effect from 1st january, 20062 the former vice-presidents are also entitled to one personal assistant and one peon and rupees twelve thousand per annum as office expenses in order to maintain parity with other dignitaries, it is proposed that the strength of the personal staff of a former vice-president be increased by providing a private secretary, an additional private secretary and an extra peon further, keeping in view the inflation over the years, the office expenses are proposed to be increased from rupees twelve thousand per annum to rupees sixty thousand per annum3 the spouse of a deceased vice-president is entitled to an unfurnished accommodation without maintenance in order to maintain parity in extension of various facilities to the spouses of deceased presidents, it is proposed to make the spouse of a deceased vice-president also entitled to a furnished residence including its maintenance4 the bill seeks to achieve the above objectsnew delhi;shivraj v patilthe 15th october, 2008———— president's recommendation under article 117 of the constitution of india ————[copy of letter no 10/19/96-m&g dated the 21st october, 2008 from shri shivraj vpatil, minister of home affairs to the secretary-general, lok sabha]the president, having been informed of the subject matter of the vice-president's pension (amendment) bill, 2008, recommends the introduction of the bill in lok sabha under article 117(1) of the constitution as also the consideration of the bill by lok sabha under article 117(3) of the constitution financial memorandumclause 2 of the bill provides for an increase in the pension of the former vice-president and facilities of additional secretarial staff consisting of a private secretary, an additional private secretary and a peon and increased office expenses of rupees sixty thousand per annum to a former vice-president2 clause 3 of the bill provides for an increase in the entitlement of the spouses of deceased vice-presidents to furnished residence (including its maintenance) for the reminder of his or her life3 the implementation of aforesaid provisions would involve certain expenditure from the consolidated fund of india it is estimated that the additional expenditure on pension under sub-clause (i) of clause 2 of the bill will be of the order of rupees seven lakh sixty-five thousand per annum also an additional non-recurring expenditure of rupees twelve lakh ninety-six thousand two hundred and fifty towards arrears in pension will be there the expenditure on provision of additional secretarial staff and increased office expenses under sub-clause (ii) of clause 2 of the bill will be of the order of rupees thirteen lakh fifty-two thousand seven hundred and forty-eight approximately as per persent rates it is not feasible to assess as the expenditure under clause 3 of the bill on providing furnished accommodation to the spouses of deceased vice-president as the actual expenditure has to be reimbursed4 this bill, if enacted, will not incur any other recurring or non-recurring expenditure annexure extracts from the vice-president's pension act, 1997 (30 of 1997) 2 (1) pension to retiring vice- presidents(2) subject to any rules that may be made in this behalf, every such person shall, for the remainder of his life, be entitled— (c) to secretarial staff; and office expenses not exceeding rupees twelve thousand per annum; 3a subject to any rules that may be made in this behalf, the spouse of a person who dies—(a) while holding the office of vice-president, or free accommodation to spouse of vice- president(b) after ceasing to hold office as vice-president either by the expiration of his term of office or by resignation of his office, shall be entitled to the use of unfurnished residence without payment of licence fee, for the remainder of her life ———— a billfurther to amend the vice-president's pension act, 1997————(shri shivraj v patil, minister of home affairs)gmgipmrnd—3620ls(s5)—23102008

Parliament_bills

dfc5a20e-9f4c-5b42-a664-a8b2799e34f9

bill no 52 of 2009 the compulsory voting bill, 2009 byshrimati supriya sule, mp a billto provide for compulsory voting by the electorate in the country and for matters connected therewithbe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the compulsory voting act, 2009short title, extent and commencement(2) it extends to the whole of india(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint543 of 1951compulsory voting by every eligible citizen2 notwithstanding anything contained in the representation of the people act, 1951or any other law for the time being in force, every citizen, who is eligible to vote at an election, shall exercise his right to vote compulsorily when called for by the election commission in an election to the house of the people or legislative assembly of a state, as the case may be:10provided that a voter may be exempted from exercising his right to vote if he is physicallyincapacitated due to an illness of a serious nature and produces a certificate from a registered medical practitioner certifying such incapacitymobile polling booths for casting votes by certain citizens3 the election commission shall arrange for adequate number of mobile polling booths in each constituency for casting of votes by citizens who are unable to cast their votes in polling booths due to illness or such reasons, as may be prescribed by rules made under this actpunishment54 any citizen, who fails to cast his vote, shall be liable to—(i) a fine of rupees one hundred, or one day's imprisonment or both; (ii) forfeiture of his ration card; and (iii) be rendered ineligible for contesting any election for a period of six yearsfrom the date of his conviction, in case of deliberate avoidance:10provided that if such citizen is an employee of the central government or any publicsector undertaking owned or controlled by the central government, he shall also be punished with—(a) forfeiture of four days salary; and (b) delay in promotion for a minimum period of one year15incentives for voting5 any citizen who inspite of his illness or physical incapacity, exercises his right tovote at an election or any citizen who has exercised his right to vote at all elections held during a period of twenty years preceding the commencement of this act without any break or who exercises his right to vote at all elections for a period of not less than fifteen years without break after the commencement of this act, shall be—20(i) given a cash reward of rupees one thousand;(ii) given preference in jobs in services under the central government; and (iii) given preference in admission to the institutions of higher technicaleducationpower to make rules256 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30(2) every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit is a very sad feature of our democracy that in most of the elections the number of voters who cast their votes is far less than those who are eligible to vote the average number of votes polled is around fifty per cent it does not reflect well on the responsibility of the citizens that the fate of the country's democratic institutions is left to be decided by only fifty per cent of the electorate since the trend of voting during elections has not so far shown any appreciable increase in the number of voters who exercise their franchise, the time has come to bring forward a legislation making it compulsory for every voter to exercise his right to vote in order to ensure that all the citizens exercise their sovereign right to choose their representatives so that the elections reflect the will of the whole electorate and not merely a part of itwith a view to increasing the voting percentage, the present bill proposes to make it compulsory for every eligible voter to vote during elections and provides for exemption only in cases where the voter is physically incapacitated due to illness of serious nature and produce a certificate to this effect from a registered medical practitioner the bill also provides for arrangement of mobile booths for those who are unable to go to polling booths due to illness or certain other reasonssince casting of vote is being made compulsory, punishment is also sought to be given to those who do not vote at elections however, cash reward and other incentives are also proposed to be given to those persons who vote at elections inspite of their illness or have been voting in successive elections without any breakhence the billnew delhi;supriya sulejune 30, 2009 financial memorandumclause 3 of the bill provides that the election commission shall make arrangements for mobile polling booths for the purpose of casting of votes by those persons who are not in a position to cast their votes at polling booths in each constituency clause 5 of the bill provides for cash reward of rupees one thousand to those persons who inspite of their illness or physical incapacity exercise their right to vote at an election or to those who exercise their right at all elections held during a period of twenty years without any breakthis bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one crore per annuma non-recurring expenditure of about rupees one lakh 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, which will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character lok sabha————a billto provide for compulsory voting by the electorate in the country and for matters connected therewith————(shrimati supriya sule, mp)gmgipmrnd—2710ls (s5)—10-07-2009

Parliament_bills

fba1e62f-9ec8-515d-ae69-84d0215e538f

bill no 238 of 2016 the constitution (amendment) bill, 2016 by shrimati jayshreeben k patel, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 201652 after article 243e of the constitution, the following article shall be inserted namely:—insertion of new article 243eaoath or affirmation by members"243ea every member of panchayat shall, before taking his seat, make and subscribe before the governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose by law made by the legislature of the state"3 after article 243u of the constitution, the following article shall be inserted, namely: —insertion of new article 243ua oath or affirmation by members5"243ua every member of municipality shall, before taking his seat, make and subscribe before the governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose by law made by the legislature of the state" statement of objects and reasonsevery person who is elected or appointed to a constitutional office and every member of parliament or state legislature has to subscribe an oath or affirmation before assuming charge of his office or taking his seat in the legislaturehowever, there is no provision in the constitution which makes it compulsory for the elected members of the panchayats and the municipalities to make and subscribe an oath or affirmation after being electedthe bill, therefore, seeks to amend the constitution with a view to make it compulsory for members of the panchayats and the municipalities to make and subscribe an oath or affirmation before taking their seatshence this billnew delhi;jayshreeben k pateljuly 28, 2016 lok sabha———— a billfurther to amend the constitution of india————(smt jayshreeben k patel, mp)gmgipmrnd—2594ls(s3)—06-10-2016

Parliament_bills

1246af76-58f7-5ddc-8070-cbc26dfa68f0

bill no 281 of 2016 the prevention of cruelty to animals (amendment) bill, 2016 by shri jayadev galla, mp a billfurther to amend the prevention of cruelty to animals act, 1960be 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 prevention of cruelty to animals (amendment) act,2016(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both", the words "he shall be punishable, in the case of a first offence, with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than ten thousand rupees or with imprisonment for a term which may extend to six months, or with both" shall be substituted103 for section 12 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 1215penalty ofpractisingphooka,doom dev or use of oxytocin"12 if any person performs upon any cow or other milch animal the operation called phooka or doom dev or any other operation (including injection of any substance or oxytocin) to improve lactation which is injurious to the health of the animal or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with imprisonment for a term which may extend to four years, or with both, and the animal on which the operation was performed shall be forfeited to the government"20amendment of section 204 in section 20 of the principal act, for the words "which may extend to two hundredrupees", the words "which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees" shall be substitutedamendment of section 26255 in section 26 of the principal act, for the words "he shall be punishable on convictionwith fine which may extend to five hundred rupees, or with imprisonment which may extend to three months, or with both", the words "he shall be punishable on conviction with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with imprisonment which may extend to six months, or with both" shall be substituted306 for section 31 of the principal act, the following section shall be substituted, namely:substitution of new section forsection 31cognizability of offences2 of 1974"31 notwithstanding anything contained in the code of criminal procedure,1973 (2 of 1974), any offence punishable under this act shall be a cognizable offence within the meaning of that code"amendment of section 387 in section 38 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—35"(3) if any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with imprisonment for a term which may extend to six months, or with both" statement of objects and reasonsanimal cruelty has various forms it not includes only overt and intentional acts of violence towards animals, but also includes neglect of animals or failure to provide food to them animal cruelty can generally be described as any act of omission or commission that causes unnecessary or unreasonable harm to an animal cruelty include torturing or beating an animal or confining or transporting an animal in a way that is inappropriate for its welfare or killing an animal in an inhumane manner or failing to provide appropriate or adequate food or water to an animal or failing to provide appropriate treatment for disease or injury or failing to provide appropriate living conditionswe have seen how shaktiman, a horse, succumbed to injuries recently in uttarakhandit is not shaktiman, but there are hundreds and thousands of animals which are subjected to cruelty day-in-and-day-out and persons committing such crimes either go scot-free or come out freely by paying a paltry sum as penalty prescribed under the prevention of cruelty to animals act, 1960there are many organizations working in the area of protecting animals and these organizations are receiving complaints of animal cruelty—from acid attacks, brutal stoning, hunting, beating, illegal transport and even poisoning—everyday it is all happening in spite of the fact that it is one of the fundamental duties of every citizen as mentioned in our constitution to be compassionate to all living creatures secondly, animals are one of the most important components, other than plants and microbes, of our ecosystem so, protection of animals is all the more important for survival and existence of humankindpenalties imposed for abuse of animals under the prevention of cruelty act are too meagre hence, law enforcement agencies, animal welfare organizations and activities have been demanding for increasing the penalty to deter cruelty against animals it is pertinent to mention that while the wildlife protection act, 1972 has been amended to strengthen penal provisions, yet, there has been no move to amend the prevention of cruelty to animals act,1960hence, it is proposed to strengthen penal provisions in the parent act to deter persons who indulge in such crime against animalsthe bill seeks to achieve the above objectivenew delhi;jayadev gallajuly 11, 2016 annexure extract from the prevention of cruelty to animals act, 1960| | | | | ||------|------|------|------|-----|11 (1) if any persontreating animals cruelly(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treatsany animal so as to subject it to unnecessary pain or suffering or causes, or being the owner permits, any animal to be so treated; or (o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting:he shall be punishable 19 (in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend, to one hundred rupees or with imprisonment for a term which may extend, to three months, or with both]| ||-------------|| penalty for || practising || phooka || or || doom dev || |12 if any person upon any cow or other milch animal the operation called practising phooka or 21 [doom dev or any other operation (including injection of any or doom dev substance) to improve lactation which is injurious to the health of the animal] or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to the government| ||----------------|| penalties || 20 || if any person— |(a) contravenes any order made by the committee under section 19; or (b) commits a breach of any condition imposed by the committee under that section: he shall be punishable with fine which may extend to two hundred rupees, and, when the contravention or breach of condition has taken place in any institution the person incharge of the institution shall be deemed to be guilty of the offence and shall be punishable accordingly| | | | | ||-----------------------------------------------------------------------------------|------|------|------|-----|| | | | | || offences | | | | || 26 | | | | || if any person— | | | | || (a) not being registered under this chapter, exhibits or trains any performing | | | | || animal; or | | | | || (b) being registered under the act, exhibits or trains any performing animal with | | | | || respect to which or in a manner with respect to which, he is not registered; or | | | | |(c) exhibits or trains as a performing animal, any animal which is not to be used for the purpose by reason of a notification issued under clause (ii) of section 22; or(d) obstructs or wilfully delays any person or police officer referred to in section25 in the exercise of powers under this act as to entry and inspection; or(e) conceals any animal with a view to avoiding such inspection; or (f) being a person registered under the act, on being duly required in pursuance of this act to produce his certificate under this act, fails without reasonable excuse so to do; or(g) applies to be registered under this act when not entitled to be so registeredhe shall be punishable on conviction with fine which may extend to five hundred rupees or with imprisonment which may extend to three months, or with both cognizability of offences31 notwithstanding anything contained in the code or criminal procedure, 1898, (5 of1898) an offence punishable under clause (1) or clause (n) or clause (o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of that code 38 (1) power to make rules(3) if any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both lok sabha———— a billfurther to amend the prevention of cruelty to animals act, 1960————(shri jayadev galla, mp)gmgipmrnd—2605ls(s3)—21-11-2016

Parliament_bills

fe72ad1f-2753-510e-87cc-d00fee1445cf

bill no 27 of 2014 the information technology (amendment) bill, 2014 byshri baijayant panda, mpa bill further to amend the information technology act, 2000be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the information technology (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, appointamendment of section 221 of 2000 52 in section 2 of the information technology act, 2000 (hereinafter referred to as theprincipal act)—(i) clause (ha) shall be re-numbered as clause (hb) and before clause (hb) as so re-numbered, the following clause shall be inserted, namely:—'(ha) "commercial electronic message" means an electronic message the primary purpose of which is to market or promote a product or a service or a business or an investment opportunity;'; (ii) after clause (s), the following clause shall be inserted, namely:—5'(sa) "electronic message" means a message or an information created, transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, images, audio, video or any other electronic record, which may be transmitted with the message;'; and (iii) after clause (zg), the following clause shall be inserted, namely:—10'(zga) "unsolicited commercial electronic message" means a commercial electronic message that is sent to the addressee or the recipient without his/her consent;'3 for section 66a of the principal act, the following section shall be substituted, namely:—substitution of new section for section 66a15"66a any person who sends, by means of a computer resource or a communication device,—(a) any unsolicited commercial electronic message;punishment for sending unsolicited commercial electronic messages, etc(b) any commercial electronic message in which the identity of the originator or the person on whose behalf the message is sent has been disguised or concealed; or20(c) any commercial electronic message which cannot be unsubscribed or replied to by the addressee or the recipient due to the absence of a valid electronic address or otherwise, shall be punished with fine which may extend to rupees one crore" statement of objects and reasonsthere has been phenomenal growth in the use of internet for exchange of information, ideas and opinions since easy accessibility to internet has empowered the citizens with information and knowledge, it is extremely important that the rights of our citizens to express themselves freely over the internet be zealously protected however, law enforcing agencies have, on several occasions, misused the law to subvert these rightspart of the problem is the law itself, which has been drafted in a broad manner that leaves wide scope for misinterpretation and abuse section 66a of the information technology act, 2000, in particular, has come under severe criticism from various quarters clause (a) of the section 66a uses expressions such as 'grossly offensive' and 'menacing', which are not only vague but also highly subjective by individual standards clause (b) prescribes penalties for offences such as 'annoyance', 'criminal intimidation', 'insult' and promoting 'hatred' or 'ill-will' between groups prescribing the same punishment for 'annoyance' as well as 'criminal intimidation' by bundling disparate terms within the same clause is bound to lead to confusion and misuse moreover, most of these offences are already covered under various sections of the indian penal code, 1860 as a result, offenders often get booked under both the statutes for the same offence clause (c) of that section is meant to be an anti-spam provision but does not do justice to the requirement of either the users or the industrywhat is more, in some cases, penalties for the same offences are higher in the information technology act as compared to those in the indian penal code thus, if an offence is committed through an electronic medium such as the internet, it would attract a higher penalty than otherwise for instance, threatening someone with injury to their reputation through email attracts a penalty of three years' imprisonment under the information technology act, while the same offence when committed verbally attracts a penalty of two years' imprisonment under the indian penal code (sections 503 and 506) this is inconsistent and unjustifiedthe significance of this change goes beyond the increase in penalty under the code of criminal procedure, 1973, offences punishable with a jail term of three years or more are 'cognizable' where a police officer can arrest the offender without a warrant this leaves more discretion to the police officer and makes the section liable to be misusedour constitution accords high importance and sanctity to the freedom of speech and expression article 19(1) of the constitution provides our people the freedom to freely express their opinion while article 19(2) empowers the legislatures to impose reasonable restrictions on this freedom reasonable restrictions can only be imposed in the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence no other grounds have been providedour supreme court has upheld that restrictions on freedom of speech and expression should be narrowly and specifically defined it is pertinent to note that some other democracies use the principle of incitement to violence with clear and present danger as the defining guideline for such restrictionsgiven that section 66a of the information technology act is broadly defined and open to varied interpretation by the enforcers, it ceases to be 'reasonable' the present law needs to be amended in order to narrowly delineate the contours of situations under which free speech on the internet may be restricted any attempt to provide our people an atmosphere conducive to healthy debate and deliberation, will have to begin with an amendment of this act, which strikes at the very root of our democratic valuestherefore, clauses (a) and (b) of section 66a must be omitted and clause (c) must be reworded to provide for a potent anti-spam provision several countries, such as usa, uk, canada and singapore already have a comprehensive anti-spam legislation in place in india, despite demands from various quarters, the information technology act has so far not adequately addressed the issue of spamhence this billnew delhi;baijayant pandajune 11, 2014 annexure the information technology act, 2000 (21 of 2000) 2 (1) in this act, unless the context otherwise requires,—definitions(a) (b) (c) (d) (e) (f) (g) (h) (ha) "communication device" means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image; (s) "electronic gazette" means the official gazette published in the electronic form; (zg) "subscriber" means a person in whose name the digital signature certificate is issue; 66a any person who sends, by means of a computer resource or a communication device,—(a) any information that is grossly offensive or has menacing character; or punishment for sending offensive messages through communication service, etc(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will, persistently by making use of such computer resource or a communication device; or(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine explanation—for the purposes of this section, terms "electronic mail" and "electronic mail message" means a message or information created or transmitted or received on a computer, computer-system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message——————a billfurther to amend the information technology act, 2000————(shri baijayant panda, mp)gmgipmrnd—732ls(s-3)—27-06-2014

Parliament_bills

7b8a7868-2bf5-5527-95f8-a8d2eaef8b32

the salt cess (amendment) bill, 1961las introdtjcbd in loic sabha on 16th march, i¢i) - the salt cess (amendment) bill, 19€)1 (as introduced in lok sada) a billfurther to amend the salt cess act, 1953 bb it enacted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the salt cess (amendment) act, 1961 shon tide 49 of 1953 2 in section 2 of the salt cess act, 1953 (hereinafter referred to amendment s as the principal act) ,- i of lection 2 (i) in clause (c), the words "and a 'private salt factory' is one not solely owned or not solely worked by the central government;" shall be omitted; (ii) clause (d) shall be omitted - 10 3 for section 3 of the principal act, the following section shall substitution be substituted, namely:-:::: for is section 3 "3 there shall be levied and collected in such manner as levy and may be prescribed, a cess in the nature of an excise duty at <fcction the rate of fourteen naye paise per forty kilograms on all salt ~t:="' on manufactured in india in any salt factory, whether owned by government or nol" ! " in section 6 of the principal act, after sub-section (2), the amendment following sub-section shall be inserted, namely:-of hction 6 - u (3) every rule made by the central govermnent under this aection shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following both houses agree in making any modification in the s 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" 10 statement of objects and reasonssection 3 ef the salt cess/act,1953, lays down that cess shall be levied oil salt at two annas per standard maund if manufactured in a private salt factory and at three and a half annas'per standard maund if manufactured in a ,salt factory solely owned or solely worked by the central government with the transfer of mast of the government salt works to the company form of management, the government salt works find, it duileult ,to compete on equal terms with private manufacturers of salt, who are in an advantageous ,position in' that tlley pay 'eess at 'less '1i8tes in· order, there-'fore, to provide "for levy gf cess at ' a uniform 'rate oil both private and government produetion it is proposed -toamead metion 3 of the act ''!'his opportunity is also proposed to,be lltilued -for laying down by legislation 'the'rate of ' cess in ~termsof,mtric,aeasures new delhi; 'manubhai shah ,the 25th feb1:uary, '1961,' - - - - - z in this act, unless the context otherwise requires,-- - - - (c) 'salt factory' includes-(i) a place used or intended to be used in the manufacture of salt and all embankments, reservoirs, condensing and evaporating pans, buildings, and waste places situated within the limits of such place, as defined from time to time for the purposes of the central excises and salt act, 1944: i of i 944-(ii) all drying grounds and storage platforms and storehouses appertaining to any such place; (iii) land on which salt is spontaneously produced; and a 'private salt factory' is one not solely owned or not solely worked by the central government: (d) 'standard maund' means a maund of 822/7 pounds avoirdupois; - - - 3 there shall be levied and collected in such manner as may be levy and prescribed a cess in the nature of an excise duty on all salt manu- ~ectiod famured in india- ~ on (4) in the case of salt manufactured in a private salt factory, at the rate of two annas per standard maund; (b) in the case of salt manufactured in a salt factory solely owned or solely worked by the central government, at the rate of three and a half annas per standard maund - - - a bill further to amend the salt cess act, 1953·the president has, in pursuance of clause (i) of article 117 of the constitution of india, recommended to lok sabha the introduction of the bill mn kaul, seqeujry (8hri mtmubluji siujij, minister 0/ industry)

Parliament_bills

b44b762a-b00f-5ac9-901d-73f41e6b6699

the rights of transgender persons bill, 2014———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent and commencement 2 definitions 3 guiding principles chapter ii rights and entitlements4 equality and non-discrimination 5 transgender children 6 right to life and personal liberty 7 right to live in the community 8 right to integrity 9 protection from torture or cruel, inhuman or degrading treatment or punishment10 protection from abuse, violence and exploitation 11 right to home and family 12 freedom of speech, etc chapter iii education13 duty of educational institutions to provide inclusive education to transgenderstudents14 adult education for transgender persons chapter iv skill development and employment15 vocational training and self-employment 16 non-discrimination in employment chapter v social security, health, rehabilitation and recreation17 social security 18 healthcare facilities clauses19 rehabilitation of transgenders 20 leisure, culture and recreation 21 reservation in primary, secondary and higher educational institutions 22 reservation of posts for transgender persons 23 incentive to employers in the private sector 24 special employment exchange chapter vi duties and responsibilities of appropriate government25 awareness raising chapter vii national and state commissions for transgender persons26 constitution of national commission for transgender persons 27 term of office of chairperson and members 28 resignation and removal of chairperson 29 member to act as chairperson or to discharge his function in certain circumstances 30 terms and conditions of service of chairperson and members 31 vacancies, etc, not to invalidate the proceedings of the commission 32 procedure to be regulated by the commission 33 officers and other staff of the commission 34 functions of the commission 35 action by appropriate authorities on the commission's recommendations madeafter enquiry36 powers of the commission37 annual and special reports of the commission 38 constitution of state commission for transgender persons 39 resignation and removal of chairperson and members 40 term of office of chairperson and members 41 members to act as chairperson or to discharge his functions in certain circumstances 42 terms and conditions of service of chairpersons and members 43 officers and other staff of the commission 44 annual and special reports of state commission 45 application of certain provisions relating to national commission to statecommissions chapter viii transgender right courts46 special transgender rights courts 47 exclusive transgender courts clauses48 jurisdiction of transgender rights courts chapter ix offences and penalties49 offences by establishments 50 penalty for hate speech 51 penalty for failure to furnish information chapter x miscellaneous52 central government to provide funds 53 act to be in addition to and not in derogation of any other law 54 action taken in good faith 55 power to remove difficulties 56 power of appropriate government to make rules 57 powers of national commission to make regulations 58 power of the state commission to make regulations bill no xlix of 2014 the rights of transgender persons bill, 2014 a billto provide for the formulation and implementation of a comprehensive national policyfor ensuring overall development of the transgender persons and for their welfareto be undertaken by the state and for matters connected therewithand incidental theretobe 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 rights of transgender persons act, 20145(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinition2 in this act, unless the context otherwise requires;(a) 'abuse' includes verbal and physical abuse;10(b) 'appropriate government' means;(i) in relation to an establishment of the central government, or an establishment, wholly or substantially owned or financed by that government,2 of 1924or a cantonment board constituted under the cantonments act, 1924, or a union territory without legislature, or the provider of a service which pertains to list 1 in schedule vii of the constitution, the central government;5(ii) in all other cases, the state government or, as the case may be, the government of a union territory with legislature (b) 'barrier' means any factor including attitudinal, cultural, economic, institutional, political, religious, social or structural factors which hampers the full and effective participation, of transgender person in society;10(c) 'discrimination' means any distinction, exclusion or restriction on the basis of gender identity and expression which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination, including denial of reasonable accommodation;15(d) 'establishment' means and includes;(i) departments and ministries of government; (ii) local authorities and authorities or bodies owned, controlled or aided by the central or state government;20(iii) any statutory or non-statutory body created, owned, financially or administratively controlled or aided by the central or state government or any such body performing public or civic functions and includes government companies as defined in section 617 of the companies act, 1956;25(iv) any company, firm, cooperative or other society, association, trust, agency, institution, organization, union, industry, supplier of goods or services, factory or other non-statutory body which is not covered under clause (a) to (c) and provides services as defined in clause (r) section 2;30(e) 'exclusive transgender rights court' means a court notified under section 47 of this act;(f) 'exploitation' means using a transgender person to one's own advantage to which one is not otherwise entitled, or to the latter's disadvantage, to which such latter person is not otherwise liable;35(g) 'higher education' means a course of education which can be pursued after completing twelve years of school education;10 of 1994(h) 'human rights' shall have the meaning assigned to it in clause (d) of section 2 of the protection of human rights act, 1993;(i) 'inclusive education' means a system of education wherein all students learn together, most or all of the time;40(j) 'institution' means an institution for the reception, care, protection, education, training, rehabilitation or any other service of transgender persons;(k) 'local authority' means a municipality, a cantonment board, a panchayat or any other authority, established under an act of parliament, or a state legislature to administer the civic affairs of any habitation as defined in or under such act;(l) 'national commission' means the national commission for transgender persons constituted under section 26 of this act(m) 'prescribed' means prescribed by rules made under this act;5(n) 'public building' means a building, irrespective of ownership, which is usedand accessed by the public at large; and includes its entrance, exit, parking space, footpath and other appurtenant lands;(o) 'reasonable accommodation' means an accommodation needed to ensure transgender persons the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;10(p) 'registered organization' means an association transgender persons, or avoluntary, non-governmental or charitable organization or trust, society, non-profit company working for transgender persons, duly registered under an act of parliament or a state legislature;15(q) `rehabilitation' refers to a process aimed at enabling transgender persons to attain and maintain maximum independence, full physical, sensory, intellectual psychiatric, social and vocational ability, and inclusion and participation in all aspects of life20(r) 'services' means services provided by members of any profession or trade, orprovided by any govemment, local authority or establishment and includes services relating to banking and finance; education; health; insurance; rehabilitation; entertainment recreation and hospitality; transport or travel; and telecommunications;(s) 'state commission' means a state commission for transgender persons constituted under section 38 this act25(t) 'transgender person' means a person, whose gender does not match with thegender assigned to that person at birth and includes trans-men and trans-women (whether or not they have undergone sex reassignment surgery or hormone therapy or laser therapy etc), gender-queers and a number of socio-cultural identities such as - kinnars, hijras, aravanis, jogtas etc(u) 'violence' means causing physical or mental harm or injury30guiding principles3 the appropriate government and local authorities shall, subject to the provisions of this act and any other law for the time being in force, take the following necessary steps to secure for transgender persons:—(a) respect for inherent dignity, individual autonomy including the freedom tomake one's own choices, and independence of persons;35(b) non-discrimination; (c) full and effective participation and inclusion in society;(d) respect for difference and acceptance of transgender persons as part of human diversity and humanity;(e) equality of opportunity; and40(f) accessability chapter ii rights and entitlementseqality and non- discrimination54 (1) the appropriate government shall take all necessary steps to ensure thattransgender persons enjoy the right of equality guaranteed by article 15 of the constitution of india on an equal basis with others(2) the appropriate government shall take all necessary steps to ensure reasonableaccommodation for the transgender personstransgender children5 (1) the appropriate government and local authorities shall take all necessary measuresto ensure that transgender children enjoy human rights on an equal basis with other children10(2) the appropriate government and local authorities shall ensure that all transgenderchildren shall have on an equal basis with all other children a right to freely express their views on all matters affecting them; and provide them appropriate support for the exercise of the right15right to life and personal liberty6 (1) the appropriate government shall take necessary steps to ensure thattransgender persons enjoy the right to life with dignity and to personal liberty guaranteed by article 21 of the constitution of india on an equal basis with others(2) no person shall be deprived of his personal liberty only on the ground of being atransgender207 (1) all transgender persons shall have the right to live in the community withchoices equal to othersright to live in community(2) the appropriate government and local authorities shall take appropriate measuresto ensure full enjoyment of the right mentioned in sub-section (1) of section 7 by:—25(a) ensuring that transgender persons have access to a range of in-house,residential and other community support services, including assistance necessary to support living and inclusion with community; and(b) making community services and facilities for the general population availableon an equal basis to transgender personsright tointegrity8 every transgender person has a right to respect for his or her physical and mentalintegrity on an equal basis with others309 the appropriate government and local authorities shall take all appropriateadministrative and other measures to protect persons from being subjected to torture, or cruel, inhuman or degrading treatment or punishmentprotection from torture or cruel, inhuman or degrading treatment or punishment3510 (1) the appropriate government and local authorities shall take all appropriateadministrative, social , educational and other measures to protect transgender persons, both within and outside the home, from all forms of abuse, violence and exploitationprotection from abuse, violence and exploitation40(2) any person, or registered organization who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any transgender person, may give information about it to the executive magistrate in whose jurisdiction such incident occurs or is likely to occur, who, on receipt of such information, shall take immediate steps to stop it or prevent its occurrence as the case may be, or pass such order as he deems fit for the protection of such transgender person including an order,—45(a) to rescue the victim by authorizing the police or any reliable organization working for transgender persons to provide for the safe custody, or rehabilitation of such transgender person, or both, as the case may be;(b) for providing protective custody to the transgender person if such person so desires; and(c) to provide for maintenance to such transgender person(3) no civil or criminal liability shall be incurred by any person who in good faith furnishes information under sub-section (2) of section 10;5(4) any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any transgender person shall inform the aggrieved person of:(a) the right to apply for protection under sub-section (2) of section 1010(b) the particulars of the nearest organization or institution working for therehabilitation of transgender person who have been subject to abuse, violence or exploitation;(c) the particulars of the executive magistrate having jurisdiction to provideassistance to aggrieved persons;1539 of 1987(d) the right of the transgender person to free legal services under thelegal services authorities act, 1987 and any other services offered by the national legal services authority or the state legal services authority for the benefit of transgender persons; and45 of 186020(e) the right to file a complaint under the relevant provisions of the indian penalcode, 1860 or any other law dealing with such crimes:provided that nothing in this section shall be construed to free such police officer of his obligation to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence40 of 186025(5) if the executive magistrate finds that the alleged act or behaviour would also be anoffence under the indian penal code, 1860 or under any other law imposing criminal sanctions on such acts, he may forward a complaint to that effect to the judicial or metropolitan magistrate, as the case may be, having jurisdiction in the matter, whereupon the latter shall act on it forthwith in accordance with law30(6) the appropriate government shall take all appropriate measures to prevent abuse, violence and exploitation against transgender persons by, inter alia providing information and raising awareness on:(a) taking cognizance of incidents of abuse, violence and exploitation; (b) the legal remedies available against such incidents; (c) steps to be taken for avoiding such incidents;35(d) pocedure for reporting such incidents; and (e) steps required for the rescue, protection and rehabilitation of transgenderpersons who have been victims of such incidentsright to home and family4011 (1) no child who is a transgender shall be separated from his or her parents on grounds of being a transgender except on an order of competent court, if required in the best interest of the child(2) where the immediate family is unable to care for a transgender child, the competent court shall make every effort to place such child within his or her extended family, or within the community in a family settingexplanation—'family' means a group of people related by blood, marriage or adoption to a transgender person45freedom of speech, etc12 the appropriate government and local authorities shall take steps to ensure that transgender persons are able to enjoy the rights regarding freedom of speech, etc, provided by article 19 of the constitution of india, on an equal basis with others chapter iii5 education13 the apropriate government and local authorities shall ensure that all educational institutions funded or recognized by them, provide inclusive education, and inter alia,—10(i) admit transgender students without discrimination and provide them educationas also opportunities for sports, recreation and leisure activities on an equal basis with other;duty of educational institutions to provide inclusive education to trangender students(ii) provide reasonable accommodation of the individual's requirements; (iii) provide necessary support in environments that maximize academic andsocial development, consistent with the goal of full inclusion;15(iv) monitor participation, progress in terms of attainment levels, and completionof education, in respect of every transgender student14 the appropriate government and local authorities shall ensure participation of transgender persons in adult education and continuing education programmes on an equal basis with othersadult education for transgender persons chapter iv20 skill development & employment15 (1) the appropriate government shall formulate schemes and programmes to facilitate and support employment of transgender persons especially for their vocational training and self-employmentvocational training and self- employment25(2) the appropriate government shall institute mechanisms for provision of loans at concessional rates to transgender persons for self-employment ventures, and for marketing of their products16 (1) no establishment shall discriminate against any transgender person in any matter relating to employment including but not limited to recruitment, promotion and other related issues30non- discrimination in employment(2) any transgender person, if eligible for any post which is be filled, shall have the right to appear for selection and hold the post if selected chapter v social security, health, rehabilitation & recreation35social security17 (1) the appropriate government shall promulgate necessary schemes andprogrammes to safeguard and promote right of transgender persons to adequate standard of living and living conditions to enable them to live independently and in the community(2) the schemes under sub-section (1) of section 17 shall inter-alia provide:—(a) safe and hygienic community centres with decent living conditions in terms of nutritious food, sanitation, health care and counselling;40(b) facilities for persons including transgender children who have no families or have been abandoned, or are without shelter or livelihood;(c) access to safe drinking water and appropriate and accessible sanitation facilities especially in urban slums and rural areas(d) pension to transgender persons subject to such income ceiling as may beprescribed;5(e) unemployment allowance to unemployed transgender persons registeredwith special employment exchange for more than two years and who could not be placed in any gainful occupationhealth case facilities18 (1) the appropriate government and local authorities shall take necessary measures to provide transgender persons:—(a) separate hiv sero-survellance centres since they face several sexual health issues;10(b) sex reassignment surgery, free of cost; (c) barrier-free access in the hospitals and other healthcare institutions andcentres;15(2) to fulfil its obligation under this section, the appropriate governments shall makeschemes and programmes with participation and involvement of transgender persons and care-givers that inter alia makes provision for coverage of medical expenses and therapeutic intervention by a comprehensive insurance scheme for transgender personsrehabilitation of transgenders19 (1) the appropriate government and local authorities shall undertake or cause to be undertaken services and programmes of rehabilitation, particularly in the areas of health, education and employment for all transgender persons20(2) the service and programmes shall be designed so to begin at the earliest possiblestage and to be based on a comprehensive assessment of issues faced by transgender persons25(3) for purposes of sub-section (1) of section 19, read with sub-section (2), the appropriate government and local authorities shall, subject to fulfilment of financial and other norms, and availability of budgetary allocation, grant financial assistance to nongovernmental organizations(4) the appropriate government and local authorities, while formulating rehabilitation policies, shall consult the non-governmental organizations working for the cause of transgender persons30(5) without prejudice to the generality of sub-section (1) of section 19, the appropriategovernment shall by notification formulate schemes to provide aid to transgender personsleisure, culture and recreation20 (1) the appropriate government and local authorities shall take suitable measures to promote and protect the right of all transgender persons to have a cultural life and to participate in leisure and recreational activities on an equal basis with others35(2) without prejudice to the general obligation in sub-section (1) of section 20, suchmeasures shall include,—(a) sponsoring of transgender film, theatre, music and dance festivals; (b) establishment of a transgender history museum which chronicles andinterprets the historical experiences of transgender persons;4021 all government instituations of primary, secondary and higher education and allprimary, secondary and higher education institutions receiving aid from the government shall reserve two percent of the total seats in each class or course for transgender persons:reservation in primary, secondary and higher educational institutionsprovided that transgender persons are not to be prevented from competing for seats which are not reserved for them4522 every appropriate government shall reserve, in every establishment under them,not less than two per cent of the vacancies meant to be filled by direct recruitment, for transgender personsreservation of posts for transgender personsincentive to employers in the private sector23 the appropriate government shall, within a period of one year from thecommencement of this act, provide incentives to employers in the private sector to ensure that at least two per cent of their work force is composed of transgender persons within a period of five years from the commencement of the act5special employment exchange24 (1) the appropriate government may, by notification, specify that the employer inevery establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for transgender persons that have occurred or are about to occur in that establishment to such special employment exchange as may be prescribed and the establishment shall thereupon comply with such information10(2) the form in which and the intervals of time for which information or returnsshall be furnished and the particulars, they shall contain shall be such as may be prescribed chapter vi duties and responsibilities of appropriate governmentawareness raising1525 (1) the appropriate government in consultation with the national or statecommission, as the case may be, shall conduct, sponsor, encourage, support or promote on a regular and continuous basis information campaigns and sensitization programmes to ensure that the rights recognized in this legislation are respected, protected and promoted20(2) the campaigns shall aim at enabling both state and civil society to comprehendtransgenderism as an integral part of the human condition, to recognize the capabilities and contributions of transgender persons, and to combat the stereotypes, prejudices and harmful practices which impede the participation of transgender persons on an equal basis with others;(3) without prejudice to the general awareness raising obligation in sub-section (1) of section 25, such programmes, campaigns and workshops shall inter-alia,—25(a) promote values of inclusion, tolerance, empathy and respected for diversity; (b) advance recognition of the skills, merits and abilities of transgender persons and oftheir contributions to the workforce, labour market and professional fee;(c) poster respect for the decisions made by transgender persons on all matters related to family life, relationships, bearing and raising children;30(d) provide orientation and sensitization at the school, college, university andprofessional training level on the human condition of transgenderism and the rights of transgender persons; and(e) provide orientation and sensitization on transgenderism and rights of transgender persons to employers, adminsitrators and co-workers35 chapter vii national and state commissions for transgender persons a national commission4026 (1) the central government shall, by notification, constitute a body to be known as the national commission for transgender persons to exercise the powers conferred upon, and to perform the functions assigned to it, under this act(2) the commission shall consist of the following members, namely,—constitution of national commission for transgender persons45(a) a chairperson, who is an eminent person with a distinguished record of service in the field of transgender rights and rehabilitation; and(b) six members, of whom at least three shall be transgender persons and to be popularly acknowledged by the representatives of the transgender community and the other three members must have a distinguished record of service in the fields of rehabilitation, advocacy, law, relating to transgenders(3) the chairperson and the members shall be appointed by the central government on the recommendation of a selection committee with such composition as may be prescribed(4) the headmistress of the national commission should be at such place as the central government by notification, specify5term of office of chairperson and members27 the chairperson and a member of the national commission shall hold office for a term of three 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 shall be eligible for reappointment for another term of three years1028 (1) the chairperson or any member may, by notice in writing under his hand addressed to the president, resign his officeresignation and removal of chairperson(2) subject to the provisions of sub-section (3) of section 28, the chairperson or any member shall only be removed from his office by order of the president on the ground of proven misbehaviour or incapacity has, on an inquiry held in accordance with the procedure, prescribed under this act15(3)notwithstanding anything in sub-section (2) of section 28, the president may, by order, remove from office the chairperson or any member, if the chairperson or such member, as the case may be:—(a) is adjudged an insolvent; or20(b) engages during his term of office in any paid employment outside the duties of his office; or(c) is convicted and sentenced to imprisonment for an offence which in the opinion of the central government involves moral turpitude2529 (1) in the event of the occurence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the president may, by notification, authorise one of the members to act as the chairperson until the appointment of a new chairperson to fill such vacancymember to act as chairperson or to discharge his functions in certain circumstances30(2)if the chairperson is unable to discharge his functions', owing to absence on leave or otherwise, one of the member, as the president may, by notification, authorise in this behalf, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties30 the salaries and allowances payable to and other terms and conditions of service of, the chairperson and the members shall be such as may be prescribed:terms and conditions of service of chairperson and members35 provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member shall be varied to his disadvantage after his appointment31 no act or proceedings of the commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the commission32 (1) the commission shall meet at such time and place as the chairperson may think fit40vacancies, etc, not to invalidate the proceedings of the commission procedure to be regulated by the commission(2) subject to the provisions of this act and the rules made thereunder, the commission shall have the power to lay down, by regulations, its own procedure(3) all orders and decisions of the commission shall be authenticated by the secretary or any other officer of the commission duly authorised by the chairperson in this behalf33 (1) the central government shall make available to the commission an officer of the rank of an additional secretary to the government of india who shall be the secretary to the commissionofficers and other staff of the commission5(2) subject to such rules as may be made by the central government in this behalf, the commission may appoint such other administrative and technical officers and staff, as it may consider necessary(3) the salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) of section 33 shall be such as may be prescribed34 the commission shall perform all or any of the following functions, namely:—10functions of the commission(a) identify, suo-moto, or on a representation received, provisions of any laws,policies, programmes and procedures, which are inconsistent with this act, and recommend necessary corrective steps;(b) review and coordinate the activities of all departments of government andother governmental and non-governmental organizations which are dealing with matters concerning transgender persons;15(c) inquire, suo-moto or on a complaint by an affected transgender person or anyperson or organization on his behalf, with respect to deprivation of his rights and safeguards in respect of matters for which the central government is the appropriate government and take the up the matter with the appropriate authorities for corrective action, as necessary;20(d) intervene in any proceeding involving any allegation of violation of therights of transgender persons pending before a court with the approval of such court;25(e) review the safeguards provided by or under this act or any law for the timebeing in force for the protection of rights of transgender persons and review the factors that inhibit the enjoyment of rights of transgender persons and recommend appropriate remedial measures;(f) study treaties and other international instruments on the rights of transgenderpersons and make recommendations for their effective implementation;(g) undertake and promote research in the field of the rights of transgenderpersons;30(h) promote awareness of the rights of transgender persons and promoteawareness of the safeguards available for their protection;(i) monitor implementation of the provisions of this act and of schemes,programmes, etc, meant for transgender persons;35(j) monitor utilization of funds disbursed by the central government for thebenefit of transgender persons; and(k) such other functions as the central government may assign4035 whenever the commission makes a recommendation to an authority in pursuance of clause (c) of section 34, that authority shall take necessary action on it, and inform the commission of the action taken within three months from the date of receipt of the recommendation:action by appropriate authorities on the commission's recommendations made after enquiryprovided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the commission within the above period of three months, and shall also inform the aggrieved personpowers of the commission5 of 190836 (1) the commission shall, for the purpose of discharging its functions under the act, have all the powers of a civil court trying a suit under the code of civil procedure, 1908 and in particular in respect of the following matters, namely,—(a) summoning and enforcing the attendance of witnesses and examining them on oath;5(b) discovery and production of any document; (c) receiving evidence on affidavits;(d) reinvesting for any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; or(f) any other matter which may be prescribed10(2) the commission may, while investigating a complaint, make written requests so furnish information question people, review documents or visit the premises to determine upon the nature of violation or non-compliance of regulations1545 of 18602 of 1974(3) every proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code 1860 and the commission shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure,19732037 (1) the national commission shall submit an annual report to the central government and may at any time submit special reports on any matter which, in its opinion,is of such urgency or importance that it shall not be deferred till submission of the annual reportannual and special reports of the commission25(2) the central government shall cause the annual and special reports of the commission to be laid before each house of parliament, along with a memorandum of action taken or proposed to be taken on the recommendations of the commission, and the reasons for nonacceptance of the recommendations, if any b state commission38 (1) every state government may constitute a body to be known as the state commission (name of the state) for transgender persons to exercise the powers conferred upon, and to perform the functions assigned to, a state commission under this chapter30constitution of state commission for transgender persons(2) the state commission shall, with effect from such date as the state government may be notification specify, consist of—(a) a chairperson who is an eminent person with a distinguished record of service in the field of transgender rights; and35(b) six members, of whom at least three shall be transgender person and to be popularly acknowledged by the representatives of the transgender community and the other three members must have a distinguished record of service in the field of rehabilitation, advocacy, law, relating to transgenders(3) the chairperson and the members shall be appointed by the state government on the recommendation of selection committee with such composition as may be prescribed40(4) the headquarters of the state commission shall be at such place as the state government may, by notification, specify(5) a state commission may inquire suo-moto or on a complaint by an affected transgender person or any person or organization on his behalf, with respect to deprivation of his rights and safeguards in respect of matters for which the state government is the approrpiate government4539 (1) the chairperson or any member may, by notice in writing under his hand addressed to the governor resign his officeresignation and removal of chairperson and members5(2) subject to the provisions of sub-section (3) of section 39, the chairperson or any member shall only be removed from his office by order of the governor on the ground of proved misbehaviour or incapacity has, on inquiry held in accordance with the procedure prescribed under this act(3) notwithstanding anything in sub-section (2) of section 39 the governor may, by under, remove from office the chairperson or any member, if the chairperson or such member, as the case may be—(a) is adjudged an insolvent; or10(b) engages during his term of office in any paid employment outside the dutiesof his office; or(c) is convicted and sentenced to imprisonment for an offence which in theopinion of the central government involves moral turpitude15term of office of chairperson and members40 the chairperson and members of the state commission shall hold office for a termof three 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 shall be eligible for reappointment for another term of three years2041 (1) in the event of the occurrence of any vacancy in the office of the chairperson by reason of the death, resignation or otherwise, the governor may, by notification authorise one of the members to act as the chairperson until the appointment of a new chairperson to fill such vacancymember to act as chairperson or to discharge his functions in certain circumstances25(2) if the chairperson is unable to discharge his functions owing to absence on leaveor otherwise, one of the member as the governor may, by notification, authorise in this behalf, shall dicharge the functions of the chairperson until the date on which the chairperson resumes his duties42 the salaries and allowances payable to, and other terms and conditions of service of, the chairperson and the members shall be such as may be prescribed:terms and conditions of service of chairpersons and members30provided that neither the salary and allowances nor the other terms and conditions ofservice of the chairperson or a member shall be varied to his disadvantage after hisappointment43 (1) the state government shall make available to the commission an officer of the rank of the secretary to the state government who shall be the secretary to the commissionofficers and other staff of the commission35(2) subject to such rules as may be made by the state government in this behalf, thecommission may appoint such other administrative and technical officers and staff as it may consider necessary(3) the salaries, allowances and conditions of service of the officers and other appointedunder sub-section (2) of section 43, shall be such as may be prescribed4044 (1) the state commission shall submit an annual report to the state governmentand may at any time submit special reports on any matter which, it its opinion, is of such urgency or importance that it should not be deferred till submission of the annual reportannual and special reports of state commission45(2) the state government shall cause the annual and special reports of the statecommission to be laid before each house of state legislature, where it consists of two houses, or where such legislature consists of one house, before that house along with a memorandum of action taken or proposed to be taken on the recommendations of the state commission and the reasons for non-acceptance of the recommendations, if any45 the provisions of section 26, 27, 29 30, 32 and 34 shall apply, mutatis mutandis to a state commission and shall have effect, subject to the following modifications, namely,—(a) reference to "commission" clause be construed as references to "state commission"; and(b) in section 34, clause (8) shall be omitted5application of certain provisions relating to national commission to state commissions chapter viii transgender rights courtsspecial transgenderrights courts1046 for the purpose of speedy disposal of suits of a civil nature which may be filed by on behalf of transgender persons regarding infringement of their rights as a transgender person, under this or any other law for the time being in force, the state government may, with the concurrence of the chief justice of the high court, by notification in the official gazette, specify for each sub-division, a court to be a special transgender rights court for the hearing and disposal of such suits and criminal cases, as prescribed15exclusive transgender rights courts47 notwithstanding anything contained in section 46, the state government, with the concurrence of the chief justice of the high court, by notification in the official gazette:—(i) may establish for each district, and20(ii) shall establish for each city with a population of 10 lakh or more as per the last census, a court as an exclusive transgender rights court, and such court shall hear and dispose of only suits of the type mentioned in section 46jurisdiction of transgender rights courts48 where a district has one or more exclusive transgender rights courts established under section 47, their jurisdiction vis-a-vis that of special transgender rights courts specified under section 46, shall be such as the state government may, by notification in the official gazette, specify chapter ix25 offences & penaltiesoffences by establishments3049 (1) where any offence under this act has been committed by an establishment, every person who, at the time the offence was committed, was the appointed head or was directly in charge of, and was responsible to the establishment for the counduct of its business, as well as the establishment, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in sub-section (1) of section 49, shall render any such person liable to any punishment provided in this act, if he proved that the offence was committed without his knowledge or that all due diligence was exercised to prevent the commission of such offence35 40(2) notwithstanding anything contained in sub-section (1) of section 49, where an offence under this act has been committed by an establishment and it is proved that the offence has been comitted with the consent or connivance of, or is attributable to any neglect on the part of any other officer of the establishment, such person shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglypenalty for hate speech50 whoever voluntarily or knowingly commits or abets the offence by words, either spoken or written, or by signs or by visible representations or otherwise, shall be punished with imprisonment for a term which may extend to one year and with finepenalty for failure to furnish information551 whoever fails to produce any book, account or other document or to furnish anystatement, information or particulars which, under this act or any order, regulation or direction made or given thereunder, he is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this act or of any order, regulation or direction made or given thereunder, shall be punishable with fine which may extend to rupees twenty-five thousand in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to rupees one thousand for each day, of continued failure or refusal after the date of original order imposing punishment of fine chapter x10 miscellaneous52 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds, from time to time, for carrying out the purposes of this actcentral governmentto providefunds1553 the provisions of this act or the rules made there under shall be in addition andnot in derogation of any other legislation, rules, orders or instructions which provides any entitlement or benefit to transgender personsact to be in addition to and not in derogation of any other law action taken in good faith54 no suit prosecution or other legal proceeding shall lie against any person foranything which is done in good faith or intended to be done under this act or any rule there made under20power to remove difficulties55 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of two yearsfrom the date of commencement of this act25(2) every order made under this section shall, as soon as may be after it is made, be laidbefore each house of parliament56 (1) subject to the other provisions of this act, the appropriate government may,by notification, make rules for carrying out the provisions of this act30power of appropriate government to make rules(2) prior to the formation of the rules, the appropriate government shall make availablethe draft of the rules in accessible formats to the members of the public and invite their suggestions and objections to the same35 40(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule 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 rule(4) every rule made by the state government under this section shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house4557 (1) the national commission may with the previous approval of central government, by notification make regulations consistent with this act and the rules for the effective implementation of the purposes of this act, in respect of the matters to any of the entries enumerated in list i and list iii in the seventh schedule to the constitutionpowers of national commission to make regulations(2) without prejudice to the generality of sub-section (1) of section 57, the national commission shall make regulations relating to the,—(a) establishment of such committees as may be required for the efficientperformances of its functions;5(b) composition, membership, qualification, terms and conditions of appointment,removal, tenure, meetings, quorum and resignation of the committees, formed by the national commission; (c) rules of procedure for transaction of business;10(d) rules of procedure for convening meetings of chairpersons of statecommissons;(e) form in which and the time at which the meetings to be called;(f) manner in which and the time at which meetings of national commission to beconvened ; and(g) any other matter incidental or ancillary for the enforcement of this act15(3) prior to be finalization of the regulations, the national commission shall make available the draft rules in accessible formats to the members of the public and invite their suggestions and objections to the same20power of the state commission to make regulations58 (1) the state commission shall have the power to issue regulations with the previous approval of state governments, which are in conformity with the act and the rules for the effective implementation of the purposes of this act, in respect of the matters relatable to any of the entries enumerated in list ii and list iii in the seventh schedule to the constitution:provided that where any regulation has already been issued in any such matter pertaining to list iii by the national commission, such regulations shall prevail over the regulations of the state commission pertaining to the said matter25(2) without prejudice to the generality of sub-section (1) of section 58, the state commission shall make regulations relating to the,—(a) establishment of such committees as may be required for the efficient performance of its functions;30(b) composition, membership, qualifications, terms and conditions ofappointment, removal, tenure, meetings, quorum and resignation of the committees formed by the state commission; and(c) any other matter incidental or ancillary for the enforcement of this act35(3) prior to the finalization of the regulations, the state commission shall make available the draft rules in accessible formats to the members of the public and invite their suggestions and objections to the same statement of objects and reasonsdespite some recent progressive measures by the government, india's trangender community continues to face a plethora of problems transgender persons are sidelined and treated as untouchables the denial of social justice leads to the denial of economic and political justice the suffer from poor access to education, healthcare, legal aid, employment and lack of social acceptance measures towards sensitization of school administrations, curbing of stigma, discrimination and violence against transgender persons are also mostly absent they are discriminated against in access to medical services and most hospitals lack adequate skills or provisions to meet their special health needs the state should seriously address the problems being faced by transgenders such as fear, shame, gender, dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc and any assistance for sex ressignment surgery for declaring one's genderarticle 17 of the international convenant on civil and political rights, 1966 states that no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation and everyone has the right to protection of law against such interference or attacks legal safeguards to prevent human rights violations of the transgender community and institutional mechanisms to address their specific concerns have to be put in place without protection of human rights, there can be no democracy or justification for democracy we need to have proactive participation of transgender persons in all democratic spaces and systems, including participation in policies framed for their welfare it must be noted that historically, hijra or transgender persons had played a prominent role in the indian society with the onset of colonial rules from the 18th century onwards, the situation had changed drasticallyduring the british rule, a legislation was enacted to supervise the deeds of hijras or transgender community, called the criminal tribes act, 1871, which deemed the entire community of hijra persons as innately 'criminal' and 'addicted to the systematic commission of non-bailable offences' state should take measures to regain their respect and place in the society which they once enjoyed in our cultural and social life undoing centuries of discrimination that the transgender community has faced, will require targeted interventions by the statehence this billtiruchi siva financial memorandumclause 24 of the bill provides for the establishment of special employment exchangeclause 26 of the bill provides for the establishment of the national commission for transgender persons clause 30 provides for remuneration and facilities to the chairperson, vice-chairperson and members and clause 33(3) provides for remuneration and other facilities to officers and other staff of the national commission clause 38 of the bill provides for the establishment of the state commissions for transgender persons clause 42 provides for remuneration and facilities to the chairperson, vice-chairperson and members and clause 43(3) provides remuneration and facilities to officers and other staff of the state commission clause 46 of the bill provides for establishment of special transgender rights courts and clause 47 provides for the establishment of exclusive transgender rights courts clause 52 makes it obligatory for the central government to provide adequate funds to the authority for the purposes of the billthe bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible at present to quantify the funds that may involve but it is estimated that a sum of rupees five hundred crores may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees one hundred core may also involve for creating assets and infrastructure memorandum regarding delegated legislationclause 56 of the bill gives power to the central government to make rules for carrying out the purposes of the bill clauses 57 and 58 give the national commission and state commission respectively the power to make rules relating to their functioning the rules will relate to matters of details onlythe delegation of legislative power is of normal character rajya sabha———— a billto provide for the formulation and implementation of a comprehensive national policy forensuring overall development of the transgender persons and for their welfare to be undertaken by the state and for matters connected therewith and incidental thereto————(shri tiruchi siva, mp)gmgipmrnd—3780rs(s3)—18122014

Parliament_bills

121867c0-bd16-56fa-9e5e-cc01f2ac1b06

the reserve bank of india (amendment) bill, 1960(as introduced in lok sabha on 22nd, april, 1960) (as introduced in lok sabra) a billfurther to amend the reserve bank of india act, 1934 3e it eoocted by parliament in the eleventh year of the republic of india as follows:-1 this act may be called the reserve bank of india (amendment) short title act, 1960 a of 1934 s 2 in section 17 of the reserve bank of india act, 1934,-amendment (a) after clause (4), the following clause shall be inserted, ofsection 17 namely:-63 of 1951 10 is "(4a) the making to any state financial corpomtion established under the state financial corporations act, 1951, of loans and advances repayable on the expiry of fixed periods not exceeding eighteen months from the date of such loan or adwnce, against securities of the central government or of any state government, of any maturity, or against bonds and debentures issued by that corporation and guaranteed by the state government concerned and maturing within a period not exceeding eighteen months from the date of such loan or advance: 20 provided that the amount of loans and advances granted to a state financial corporation under this clause shall not, at any time, exceed in the aggregate sixty per cent of the paid-up share capital thereof;"; (b) existing clause (4a) shall be renumbered and relettered as clause (4aa); (c) for clause (4bb), the following clause shall be substituted, namely:-"(4bb) the making to any financial institution notified by the central government in this behalf, of loans and adwnces,-s (a) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date of such loan or advance, against the securities of the central government or of any state government, or (b) repayable on the expiry of fixed periods not 10 exceeding eighteen months from the date of such loan or advance, against securities of the central government or of any state government, of any maturity, or against bonds and debentures issued by that financial institution and guaranteed by the central government or any state is government, and maturing within a period not exceeding eighteen months from the date of such loan or advance: provided that the amount of loans and advances granted to a financial institution under sub-clause (b) shall not at any time, exceed in the aggregate sixty per 20 cent of the paid-up share capital thereof;"; (d) after clause (11), the following clause shall be inserted, namely:-"(lla) the acting as agent for the central government in guaranteeing the due performance by any small-scale 2s industrial concern approved by the central government, of its obligations to any bank or any other financial institution in respect of loans and advances made to it by such bank or other financial institution and the making as such agent of payments in connection with such auarantee j" 30 statement of objects and reasonsin order to facilitate the grant of loans by commercial banks and certain other financial institutions to small-scale industrial units, a scheme for guaranteeing the loans sanctioned in favour of such units has been prepared and is proposed to be brought into force it is intended that the reserve bank of india should act as an agent of the central government for implementing this scheme the bill proposes to confer on the reserve bank of india the necessary authority to undertake this agency function the opportunity provided by this amendment has also been utilised to authorise the bank to extend medium-term loans to the state financial corporations and to other institutions notified by the central government new delhi; morarji r desai the 19th april, 1960 under clause (ua) as proposed to be inserted in section 17 of the reserve bank of india act, the bank is empowered to act as an agent of the central government for the purpose of guaranteeing the loans and advances made to small-scale industrial units by banks and other financial institutions the amounts, if any, which may have to be paid in pursuance of these guarantees cannot be precisely estimated at this stage as a contribution is proposed to be levied from the industrial units, in consideration of the guarantees which are being offered by or on behalf of the central government, and as recoveries are also expected to be made in the usual course from the borrowers, after the guarantees have been invoked, the ultimate loss to be borne by the central government may not, however, be appreciable the guarantee scheme is experimental at the present stage and will, if necessary, be revised in the light of actual experience annexureextract from the r§erve bank of india act, 1934 (no2 of 1934) - - - - 17 the bank shall be authorised to carry on and transact the bulin several kinds of business hereinafter specified, namely:-~~ - - - - (4bb) the making to any financial institution notified by the central government in this behalf of loans and advances repayable on demand or on the expiry of fixed periods not exceeding, ninety days from the date of such loan or advance, against securities of the central government or of any state government; - - - - a bill further to amend the reserve bank of india act, i934 the president has, in pursuance of clauses (i) and (3) of articlo ii7 of the cono;;titution of india, recommended to lok sabha, the introduction and consideration of the bill m n kaul, secrttary (shri morarji desai, minister of finance)

Parliament_bills

92727ac4-79ff-5639-b124-93a10901a322

bill no 283 of 2016 the scheduled castes and the scheduled tribes (prvention of caste-based discrimination in educational institutions) bill, 2016 by shri nishikant dubey, mp a billto effectively prevent the caste-based discrimination in educational institutions and for matters connected therewith or incidental theretobe 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 scheduled castes and the scheduled tribes(prevention of caste-based discrimination in educational institutions) act, 20165(2) 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,—(a) "authority", in relation to an educational institution, means the executive or the administrative head of an educational institution;(b) "caste-based discrimination", means any act of an employee or authority of an educational institution that, on the basis of caste or tribe, results in unjust treatment, individually or collectively, to any student or staff, whether teaching or non-teaching, belonging to the scheduled castes or the scheduled tribes;5(c) "educational institution" means any college, institute, university, deemed university, whether established by the government or by any citizen or body of citizens and whether in receipt of aid from government or not, recognised by central or state government for the award of a certificate, diploma or a degree in any course of study, education or training;10(d) "employee", in relation to an educational institution, means a person employed for any work including teaching or administrative or technical on regular, temporary, ad-hoc or daily wages basis, either directly or indirectly or through an agent or contractor, whether for remuneration or not, and includes a co-worker, a contract worker, a probationer, a trainee or an apprentice;(e) "head of the institution" means the vice-chancellor in case of a university or a deemed university and in case of any other institution, the principal or the director, as the case may be;15(f) "inquiry committee" means inquiry committee constituted under section 6; (g) "student" includes any person who is pursuing any academic programme including a part-time programme in an educational institution; and(h) "prescribed" means prescribed by rules made under this act203 notwithstanding anything contained in any other law for the time being in force, whoever does any act of caste-based discrimination shall be deemed to have committed the offence of caste-based discriminationact of castebased discrimination to be an offence254 any aggrieved person or any other person on his behalf may file a complaint of caste-based discrimination to the officer designated under section 5 in such form and manner, as may be prescribedaggrieved person to make complaint5 (1) every educational institution shall designate an officer or head of the department to entertain complaints of offences of caste-based discrimination under this acteducational institutions to designate an officer for entertaining complaints(2) the designated officer shall,—duties of designated officer30(a) on receipt of a complaint, acknowledge the same to the complainant and forward it to the head of the educational institution;(b) take steps for safety and security of the complainant and witnesses to the committal of offence of caste-based discrimination; and(c) monitor the progress of cases of caste-based discrimination filed in the courts35appointment of inquiry committee6 (1) the head of the educational institution shall, within two weeks from the date ofreceipt of the complaint from the designated officer, appoint an inquiry committee to investigate into the complaint(2) the inquiry committee shall consist of—composition of inquiry committee40(i) the dean of the faculty in the case of a university or one of the head of thedepartments in case of a college or a person immediately below the head in hierarchy in case of all other educational institutions, as the chairperson;45(ii) a member of the senate or academic council in the case of a university or aperson to be nominated by the head of the educational institution from amongst the senior teachers of the institution or the senior most professor or researcher in the case of all other educational institutions, as a member;(iii) a person to be nominated from amongst the senior professors belongingto the scheduled castes by the national commission for scheduled castes, as a member;5(iv) a person to be nominated by the national commission for scheduled tribes,as a member; and(v) a person to be nominated by the national human rights commission, as amember(3) the terms and conditions of appointment of the members nominated under clauses(iii) to (v) of sub-section (2) shall be such as may be prescribed107 (1) the inquiry committee shall—role of inquiry committee(i) inquire into the contents of the complaint; (ii) record both oral and documentary evidence; (iii) give opportunity of being heard to the complainant and the chargedemployee for presenting and defending the case;15(iv) submit its findings to the head of the educational institution within a periodof three weeks of its appointment(2) if the inquiry is not completed within a period of three weeks of the date of appointment of the inquiry committee, the inquiry committee shall, for the reasons to be recorded in writing, complete the inquiry within a further period of three weeks208 the head of the educational institution shall, within one week from the date ofreceipt of report from the inquiry committee, make available a copy of the report to the complainant and the charged employeeprovision of supply of copy of report to the complainant and the charged employees appeal259 (1) any person aggrieved of the recommendations of the inquiry committee mayprefer an appeal to the head of the educational institution within a period of thirty days from the date of the receipt of the copy of the reportdisposal of appeal(2) the head of the educational institution shall, after affording an opportunity ofbeing heard to the aggrieved party including inquiry committee, if required, dispose of theappeal within a period of thirty days and communicate the final decision in writing to the complainant and the charged employee30disciplinary action against charged officer10 where the inquiry committee or the appellate authority finds that the allegationagainst the charged employee has been proved, it shall recommend to the authority to take action against charged employee for committing the offence of caste-based discrimination under this actpunishment3511 (1) any employee who commits the offence under this act shall be punished forthe first offence, with suspension for a minimum period of six months but which may extend upto two years or with fine or both, and for subsequent offence with termination of service(2) the authority shall, in case of second time offence, forward a copy of the report of inquiry committee to the nearest police station for registration of the case against the charged employee40power to make rules12 (1) the central government may, by notification in the official gazette, make rulesto carry out the purposes of this act(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of 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 rule5 statement of objects and reasonsthe persons belonging to the scheduled castes and the scheduled tribes constitute about one-fourth of the total population of india though, their socio-economic conditions have somewhat improved due to various policies adopted by the government in the post- independence period, they are still the most vulnerable sections of the indian society it is agonizing that they continue to be victims of caste-based discrimination in practically every sphere of the country's socio-economic and cultural lifesuch caste-based discrimination in various forms and to varying degrees is rampant in the educational institutions in general; and higher educational institutions, in particular of late, the extent and magnitude of such caste-based discrimination has increased manifold due to the apathetic attitude of concerned educational institutions on the one hand and colossal neglect towards such caste-based discrimination by the government on the other hand, the victims of discrimination become so desperate that some of them commit suicidethere is a need to effectively and expeditiously address the incidents of caste-based discrimination specifically in the educational institutions and eliminate it at the earliesthence this billnew delhi;nishikant dubeyoctober 10, 2016 financial memorandumclause 6 of the bill provides for nomination of three persons as members of the inquiry committee for investigating into complaints of caste-based discrimination the members will be paid ta/da for attending meetings of the committee at this stage, it is not possible to give the exact amount to be incurred on this account as the appointment of inquiry committees in educational institutions would depend upon the number of complaints of caste-based discrimination however, the recurring expenditure, which cannot precisely be estimated at this stage, would be involved out of the consolidated fund of india in case of educational institution under the central governmentno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of this act as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto effectively prevent the caste-based discrimination in educational institutions and for matters connected therewith or incidental thereto————(shri nishikant dubey, mp)gmgipmrnd—2906ls(s3)—21112016

Parliament_bills

da90dbc7-206b-5dbb-864e-6d5dd30c67ec

bill no 6 of 2010 the constitution (scheduled tribes) order (amendment) bill, 2010 byshri nishikant dubey, mpa billfurther to amend the constitution (scheduled tribes) order, 1950be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order (amendment)act, 2010co222 in the schedule to the constitution (scheduled tribes) order, 1950, in part xxii—jharkhand,—(i) after entry 5, the following entry shall be inserted,—"5a, bhuian ghatwal";(ii) after entry 10, the following entry shall be inserted,—"10a ghatwar";5(iii) after entry 13, the following entry shall be inserted,—"13a kadar";(iv) after entry 16, the following entry shall be inserted,—"16a khetori"; and(v) after entry 26, the following entry shall be inserted,—10"26a pariyar" statement of objects and reasonsjharkhand is predominantly a tribal state it was on account of its tribal identity that the movement for its creation was carried on, which ultimately became a success there are a large number of tribal people known as bhuian ghatwal, ghatwar, kadar, khetori and pariyar who are living in the state but have not been included in the list of scheduled tribes of the state of jharkhandas a result, the people belonging to the above tribes are not getting any benefit, which are otherwise available to the scheduled tribes in the state their living condition is becoming more miserable and there is an immediate need for their socio-economic upliftment even though, these groups have all the characteristics required for inclusion in the list of scheduled tribes, they have not yet been included in the list of scheduled tribes as a matter of fact, these tribes were being accorded the status of scheduled tribes till the year 1935 but it was subsequently withdrawn for unknown reasons the people belonging to the aforesaid tribal groups are living in all parts of the state and their total population is approximately ten lakh however, their concentration is maximum in the district of santhal pargana particularly in mehgama, porraiya haat and jarmundi areastherefore, these tribal groups namely 'bhuian ghatwal', 'ghatwar', 'kadar', 'khetori'and 'pariyar' deserve to be included in the constitution (scheduled tribes) order, 1950 in respect of the state of jharkhandhence this billnew delhi;nishikant dubeydecember 15, 2009 financial memorandumclause 2 of the bill seeks to include khetori, bhuian ghatwal, pariyar, ghatwar and kadar tribes in the list of scheduled tribes in respect of the state of jharkhand the bill, therefore, if enacted, would involve additional recurring and non-recurring expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to these tribes under the ongoing central schemes meant for development of the scheduled tribesat this stage, it is not possible to give the exact amount to be incurred on this accounthowever, the expenditure, whether recurring or non-recurring, will be met out of the consolidated fund of india it is expected that a recurring expenditure of about rupees fifty crore will be involved annuallyno non-recurring expenditure is likely to be involved annexure extract from the constitution (scheduled tribes) order, 1950 (co 22)the schedule part xxii—jharkhand5 bedi 10 chick baraik 13 ho 16 kharwar 26 parhaiya ———— a billfurther to amend the constitution (scheduled tribes) order, 1950—————(shri nishikant dubey, mp)gmgipmrnd—362ls(s5)—22-02-2010

Parliament_bills

a98b00b0-f033-572a-b79c-e3208acb6036

bill no xxvii of 2019 the national institute of design (amendment) bill, 2019 a billto amend the national institute of design act, 2014be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the national institute of design (amendment) act, 2019short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint and different dates may be appointed for different provisions of this act18 of 2014amendment of long title2 in the national institute of design act, 2014 (hereinafter referred to as the principalact), in the long title, for the words "the institution known as the national institute of design, ahmedabad, to be an institution of national importance", the words "certain institutions of design to be institutions of national importance" shall be substitutedamendment of section 13 in section 1 of the principal act, in sub-section (1), for the word "institute", the word "institutes" shall be substitutedsubstitution of section 24 for section 2 of the principal act, the following section shall be substituted, namely:—5"2 whereas the objects of the institutions 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 importance"declaration of certain institutions as institutions of national importance5 in section 3 of the principal act,—amendment of section 3(i) for clause (d), the following clause shall be substituted, namely:—10'(d) "director", in relation to any institute, means the director of such institute as appointed under section 18;'; (ii) for clause (e), the following clause shall be substituted, namely:—'(e) "fund", in relation to any institute, means the fund of such institute as maintained under section 23;';15(iii) for clause (f), the following clause shall be substituted, namely:—'(f) "governing council", in relation to any institute, means the governing council of such institute as constituted under section 11;';(iv) for clause (g), the following clause shall be substituted, namely:—20 '(g) "institute" means any of the institutions mentioned in column (4) of the schedule;'; (v) for clause (h), the following clause shall be substituted, namely:—'(h) "institute campus" means the campus of an institute as may be established by such institute at any place within india or outside india;';(vi) for clause (k), the following clause shall be substituted, namely:—25'(k) "registrar", in relation to any institute, means the registrar of such institute as appointed under section 20;'; (vii) after clause (k), the following clause shall be inserted, namely:—'(ka) "schedule" means the schedule annexed to this act;';(viii) for clause (l), the following clause shall be substituted, namely:—30'(l) "senate", in relation to any institute, means the senate of such institute;'; (ix) for clause (m), the following clause shall be substituted, namely:—'(m) "society" means any of the societies registered under the societies registration act, 1860, and mentioned in column (3) of the schedule;';35(x) for clause (n), the following clause shall be substituted, namely:—'(n) "statutes" and "ordinances", in relation to any institute, mean the statutes and the ordinances of such institute made under this act'substitution of section 46 for section 4 of the principal act, the following section shall be substituted, namely:—40incorporation of insitute"4 (1) each institute shall be a body corporate by the same name as mentioned in column (4) of the schedule(2) each institute 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 sued5(3) the body corporate constituting each institute shall consist of a chairperson, director and other members of the governing council for the time being, of the institute(4) any institute may establish an institute campus at such place within india or outside india, as it may deem fit:10 provided that each campus of the national institute of design, ahmedabad, established before the commencement of this act, at bengaluru in the state of karnataka and at gandhinagar in the state of gujarat, shall be deemed to be the institute campus thereof15explanation—the reference in this sub-section to the commencement of this act shall, in relation to the national institute of design, ahmedabad, be deemed to be the 16th day of september, 2014"7 in section 5 of the principal act,—amendment of section 5(i) for clause (a), the following clause shall be substituted, namely:—20"(a) any reference to the society mentioned in column (3) of the schedule in any law or in any contract or other instrument shall be deemed as a reference to the corresponding institute mentioned in column (4) thereof;"; (ii) in clause (e), the words "located at bengaluru in the state of karnataka and at gandhinagar in the state of gujarat," shall be omitted;(iii) the following explanations shall be inserted, namely:—25"explanation i—the reference in this section to the commencement of this act shall, in relation to the national institute of design, ahmedabad, be deemed to be the 16th day of september, 201430explanation ii—the reference in this section to the commencement of this act shall, in relation to the national institutes of design in the states of madhya pradesh, assam, haryana and andhra pradesh, be construed as the reference to the date on which the provisions of the national institute of design (amendment) act, 2019 comes into force"amendment of section 68 in section 6 of the principal act, in sub-section (1), for the words "the institute shall", the words "each institute shall" shall be substitutedamendment of section 79 in section 7 of the principal act, in sub-section (1), for the words "the institute",the words "every institute" shall be substituted35amendment of section 810 in section 8 of the principal act, for the words "teaching at the institute", thewords "teaching at each of the institutes" shall be substitutedamendment of section 911 in section 9 of the principal act, in sub-section (1), for the words "the institute",the words "each of the institutes" shall be substituted40amendment of section 1012 in section 10 of the principal act, for the words "the following shall be theauthorities of the institute", the words "each institute shall have the following authorities" shall be substitutedamendment of section 114513 in section 11 of the principal act, for the words "the governing council shallconsist of", the words "the governing council of every institute shall consist of" shall be substitutedamendment of section 1514 in section 15 of the principal act, for the words "the senate of the institute", thewords "the senate of each institute" shall be substitutedamendment of section 1615 in section 16 of the principal act, for the words "the senate of the institute", thewords "the senate of an institute" shall be substituted5amendment of section 1816 in section 18 of the principal act, in sub-section (1), for the words "the institute",the words "each of the institutes" shall be substitutedamendment of section 2017 in section 20 of the principal act, in sub-section (1), for the words "registrar ofthe institute", the words "registrar of each institute" shall be substitutedamendment of section 2218 in section 22 of the principal act, for the words "enabling the institute", the words"enabling an institute" shall be substituted10amendment of section 2319 in section 23 of the principal act, in sub-section (1), for the words "the institute",the words "every institute" shall be substitutedamendment of section 2420 in section 24 of the principal act, for the words "the institute", the words "anyinstitute" shall be substituted15amendment of section 2521 in section 25 of the principal act, in sub-section (1), for the words "the institute",the words "every institute" shall be substitutedamendment of section 2622 in section 26 of the principal act, in sub-section (1), for the words "the institute",the words "every institute" shall be substituted23 in section 27 of the principal act,—amendment of section 2720(i) in the opening portion, for the words "the institute", the words "an institute"shall be substituted; (ii) in clause (a), for the words "senior designer", at both the places where theyoccur, the words "principal designer" shall be substitutedamendment of section 2924 in section 29 of the principal act, in sub-section (1), for the words "the institute",the words "each institute" shall be substituted25amendment of section 3025 in section 30 of the principal act, for the words "ordinances of the institute", thewords "ordinances of each institute" shall be substitutedamendmentof section 3226 in section 32 of the principal act, in sub-section (1), for the words "between theinstitute", the words "between an institute" shall be substituted30amendment of section 3327 in section 33 of the principal act, for the words "the institute", the words "anyinstitute" shall be substitutedamendment of section 3428 in section 34 of the principal act, for the words "the institute receives", the words"an institute receives" shall be substitutedamendment of section 3529 in section 35 of the principal act, for the words "the institute", the words "everyinstitute" shall be substituted35amendment of section 3630 in section 36 of the principal act, for the words "to the institute", the words"to any institute" shall be substitutedamendment of section 3731 in section 37 of the principal act, for the words "the institute", the words "everyinstitute" shall be substituted4032 in section 39 of the principal act,—amendment of section 39(i) in clause (a), for the words "governing council of the institute", the words"governing council of an institute" shall be substituted;(ii) in clause (c ), the words "located at bengaluru or gandhinagar, as the case may be" shall be omitted;(iii) the following explanations shall be inserted, namely:—"explanation i—the reference in this section to the commencement of this act shall, in relation to the national institute of design, ahmedabad, be deemed to be the 16th day of september, 20145explanation ii—the reference in this section to the commencement ofthis act shall, in relation to the national institutes of design in the states of madhya pradesh, assam, haryana and andhra pradesh, be construed as the reference to the date on which the provisions of the national institute of design (amendment) act, 2019 comes into force"10amendment of section 40 33 in section 40 of the principal act, after sub-section (3), the following explanations shall be inserted, namely:—| " | explanation ||-----------------------------------------------------------------------------------|----------------------------------------------------------|| this act shall, in relation to the national institute of design, ahmedabad, be | || deemed to be the 16th day of september, 2014 | || 15 | || explanation | ii—the reference in this section to the commencement of || this act shall, in relation to the national institutes of design in the states of | || madhya pradesh, assam, haryana and andhra pradesh, be construed as the | || reference to the date on which the provisions of the national institute of design | || (amendment) act, 2019 comes into force" | || 20 | || insertion of a | || new schedule | | 34 after section 41 of the principal act, the following schedule shall be inserted, namely:— "the schedule [see sections 2, 3(g), (ka), (m), 4 (1) and 5 (a)]25slname ofname of the societyname of the institutionsno the stateincorporated underthis act(1) (2) (3) (4)301gujaratthe national institute of design,national institute ofahmedabad, a society registereddesign, ahmedabadunder the societies registration act, 18602madhya pradeshthe national institute of design,national institute ofbhopal, a society registered underdesign, madhya pradeshthe societies registration act, 1860353assamthe national institute of design, jorhat,national institute ofassam, a society registered under thedesign, assamsocieties registration act, 1860404haryanathe national institute of design,national institute ofkurukshetra, a society registereddesign, haryanaunder the societies registration act, 18605andhra pradeshthe national institute of design,national institute ofandhra pradesh, a society registereddesign, andhra pradesh"under the societies registrationact, 1860 statement of objects and reasons the national institute of design act, 2014 was enacted to declare the national institute of design, ahmedabad to be an institution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to design2 in pursuance of the national design policy and to raise the design education to global standard of excellence in all regions of india, the government of india set up four new national institutes of design in the states of andhra pradesh, madhya pradesh, assam and haryana, as societies under the societies registration act, 1860 presently, the said institutes do not have the authority to grant degree, diploma and other academic distinctions therefore, a need has been felt to give them statutory status so as to ensure the maintenance of similar standards and quality of education in all areas or disciplines relating to design, as the national institute of design, ahmedabad it is proposed to declare the aforesaid institutes as institutions of national importance and to confer power on them to grant degree, diploma and other academic distinctions 3 it is, accordingly, proposed to amend the national institute of design act, 2014, inter alia, to provide for the following:—(a) to amend section 2 of the said act, so as to declare the national institutes of design in the states of andhra pradesh, madhya pradesh, assam and haryana, as institutions of national importance;(b) to substitute section 4 so as to provide for incorporation of each of the aforesaid institutes;(c) to make consequential amendments to various sections of the said act; (d) to amend section 27 of the said act so as to designate the post of principal designer instead of the senior designer, as equivalent to a professor 4 the bill seeks to achieve the above objectivesnew delhi;piyush goyalthe 24th, july, 2019 notes on clausesclause 2 —this clause seeks to amend the long title of the act so as to substitute the words "the institution known as the national institute of design, ahmedabad, to be an institution of national importance" with the words "certain institutions of design to be institutions of national importance" in view of proposed incorporation of new institutions such as national institutes of design in the states of andhra pradesh, madhya pradesh, assam and haryanaclause 3—this clause seeks to amend section 1 of the act to provide for substitution of the word "institute" with the word "institutes" which are consequential in natureclause 4—this clause seeks to substitute section 2 of the act to provide for declaration of the institutions mentioned in the schedule, as institutions of national importanceclause 5—this clause seeks to amend section 3 of the act to amend the definitions of director, fund, governing council, institute, institute campus, registrar, senate, society, statutes and ordinances and to insert a new definition of scheduleclause 6—this clause seeks to substitute section 4 of the act to provide for the incorporation of each of the institutes mentioned in the schedule it further provides that each of the institutes may establish institute campuses within or outside indiaclause 7—this clause seeks to amend section 5 of the act to provide that any reference to the society mentioned in the schedule shall be deemed as a reference to the corresponding institute mentioned therein it further provides that commencement of the act shall, in relation to national institute of design, ahmedabad, be deemed to be 16th day of september, 2014 and in relation to the national institutes of design in the states of andhra pradesh, madhya pradesh, assam and haryana, be construed as the reference to the date on which the provisions of the national institute of design (amendment) act, 2019 comes into forceclause 8—this clause seeks to amend section 6 of the act so as to substitute the words "the institute" with the words "each institute"clause 9—this clause seeks to amend section 7 of the act so as to substitute the words "the institute" with the words "every institute"clause 10—this clause seeks to amend section 8 of the act so as to substitute the words "teaching at the institute" with the words "teaching at each of the institutes"clause 11—this clause seeks to amend section 9 of the act so as to substitute the words "the institute" with the words "each of the institutes"clause 12—this clause seeks to amend section 10 of the act so as to substitute the words "the following shall be the authorities of the institute" with the words "each institute shall have the following authorities"clause 13—this clause seeks to amend section 11 of the act so as to substitute the words "the governing council shall consist of" with the words "the governing council of every institute shall consist of"clause 14—this clause seeks to amend section 15 of the of the act so as to substitute the words "the senate of the institute" with the words "the senate of each institute"clause 15—this clause seeks to amend section 16 of the act so as to substitute the words "the senate of the institute" with the words "the senate of an institute"clause 16—this clause seeks to amend section 18 of the act so as to substitute the words "the institute" with the words "each of the institutes"clause 17—this clause seeks to amend section 20 of the act so as to substitute the words "registrar of the institute" with the words "registrar of each institute"clause 18—this clause seeks to amend section 22 of the act so as to substitute the words "enabling the institute" with the words "enabling an institute"clause 19—this clause seeks to amend section 23 of the act so as to substitute the words "the institute" with the words "every institute"clause 20—this clause seeks to amend section 24 of the act so as to substitute the words "the institute" with the words "any institute"clause 21—this clause seeks to amend section 25 of the act so as to substitute the words "the institute" with the words "every institute"clause 22—this clause seeks to amend section 26 of the act so as to substitute the words "the institute" with the words "every institute"clause 23—this clause seeks to amend section 27 of the act so as to substitute the words "the institute" with the words "an institute" and the words "senior designer" with the words "principal designer"clause 24—this clause seeks to amend section 29 of the act so as to substitute the words "the institute" with the words "each institute"clause 25—this clause seeks to amend section 30 of the act so as to substitute the words "ordinances of the institute" with the words "ordinances of each instituteclause 26—this clause seeks to amend section 32 of the act so as to substitute the words "between the institute" with the words "between an institute"clause 27—this clause seeks to amend section 33 of the act so as to substitute the words "the institute" with the words "any institute"clause 28—this clause seeks to amend section 34 of the act so as to substitute the words "the institute receives" with the words "an institute receives"clause 29—this clause seeks to amend section 35 of the act so as to substitute the words "the institute" with the words "every institute"clause 30—this clause seeks to amend section 36 of the act so as to substitute the words "to the institute" with the words "to any institute"clause 31—this clause seeks to amend section 37 of the act so as to substitute the words "the institute" with the words "every institute"clause 32—this clause seeks to amend section 39 of the act so as to substitute the words "governing council of the institute" with the words "governing council of an institute" and to omit the words "located at bengaluru or gandhinagar, as the case may be" it further seeks to insert two explanations so as to provide that for the purposes of the said section, the commencement of the act shall, in relation to the national institute of design, ahmedabad, be deemed to be the 16th day of september, 2014 and in relation to the national institutes of design in the states of andhra pradesh, madhya pradesh, assam and haryana, be construed as the reference to the date on which the provisions of the national institute of design (amendment) act, 2019 comes into forceclause 33—this clause seeks to insert two explanations in section 40 of the act so as to provide that for the purposes of the said section, the commencement of the act shall, in relation to the national institute of design, ahmedabad, be deemed to be the 16th day of september, 2014 and in relation to the national institute of design in the states of andhra pradesh, madhya pradesh, assam and haryana, be construed as the reference to the date on which the provisions of the national institute of design (amendment) act, 2019 comes into forceclause 34—this clause seeks to insert a schedule after section 41 of the act containing the names and particulars of the national institutes of design financial memorandumclause 4 of the bill seeks to amend section 2 of the national institute of design act,2014 so as to declare the national institutes of design in the states of andhra pradesh, madhya pradesh, assam and haryana, as institutions of national importance and clause 6 seeks to substitute section 4, so as to provide for incorporation of each of the said institutes2 it is estimated that there would be an expenditure of approximately 434 crore rupees for the establishment of these institutes accordingly, a sum of 434 crore rupees was sanctioned during the twelfth plan the non-recurring expenditure is estimated to be 33672 crore rupees and recurring expenditure is estimated to be 9728 crore rupees the expenditure is met through budgetary provision of the department for promotion of industry and internal trade after the institutes become fully operational and start generating revenues through fees, consultancy income, etc, dependence on government grants for recurring expenditure will gradually reduce3 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclauses 24 of the bill seeks to amend section 29 of the national institute of design act, 2014, so as to confer powers on the national institutes of design in the states of andhra pradesh, madhya pradesh, assam and haryana, to frame statutes and clause 25 seeks to amend section 30 of the said act, so as to confer powers on these institutes to frame ordinances2 the matters in respect of which the statutes or ordinances 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 power is, therefore, of a normal character annexure extracts from the national institute of design act, 2014 (18 of 2014)an act to declare the institution known as the national institute of design, ahmedabad, to be an institution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to design and for matters connected therewith or incidental thereto chapter i preliminary1 (1) this act may be called the national institute of design act, 2014short title and commencement 2 whereas the objects of the institution known as the national institute of design, ahmedabad, are such as to make it the institution of national importance, it is hereby declared that the national institute of design, ahmedabad is an institution of national importancedeclaration of national institute of design, ahmedabad, as an institution of national importance3 in this act, unless the context otherwise requires,—definitions (d) "director'' means director of the institute, as appointed under section 18; (e) "fund" means the fund of the institute maintained under section 23; (f) "governing council" means the governing council of the institute, as constituted under section 11;(g) "institute" means the national institute of design, ahmedabad, incorporated under section 4;(h) "institute campus" means the campus of the institute located at bengaluru in the state of karnataka and gandhinagar in the state of gujarat, or such other campus as may be established by the institute at any place within india or outside india; (k) "registrar" means registrar of the institute; (l) "senate" means the senate of the institute;21 of 1860(m) "society" means the national institute of design, ahmedabad, registered as a society under the societies registration act, 1860;(n) "statutes" and "ordinances" mean the statutes and the ordinances of the institute made under this act chapter ii the instituteincorporation of institute4 (1) the national institute of design, ahmedabad, shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued(2) the body corporate constituting the institute shall consist of a chairperson, a director and other members of the governing council for the time being of the institute(3) the headquarters of the institute shall be in the district of ahmedabad in the state of gujarat(4) the institute may establish an institute campus at such other place within india or outside india, as it may deem fit:provided that each campus of the national institute of design, ahmedabad, established before the commencement of this act, at bengaluru in the state of karnataka and gandhinagar in the state of gujarat, shall be deemed to be the institute campus5 on and from the date of commencement of this act,—effect of the incorporation of the institute(a) any reference to the society in any law (other than this act) or in any contract or other instrument shall be deemed as a reference to the institute incorporated under this act; (e) every person employed by the society, immediately before such commencement, shall hold his office or service in the institute including the institute campuses, located at bengaluru in the state of karnataka and at gandhinagar in the state of gujarat, 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 be so, unless and until his employment is terminated or until such tenure, remuneration, 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 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 the case of permanent employee and one month's remuneration in the case of other employeepowers of institute6 (1) subject to the provisions of this act, the institute shall exercise the following powers and perform the following duties, namely:—(a) to provide for instructions, research and training in the areas or disciplines relating to design and to nurture and promote quality and excellence thereof in such areas or disciplines;(b) to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to design;(c) to hold examinations and grant degrees, and diplomas and other academic distinctions or titles in the areas or disciplines relating to design;(d) to confer honorary degrees, awards or other distinctions in the areas or disciplines relating to design;(e) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (f) to fix, demand and receive fees and other charges; (g) to establish, maintain and manage halls and hostels for the residence of the students;(h) to supervise and control the residence and regulate the discipline of students of the institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;(i) to institute academic and other posts and to make appointments thereto(except in the case of the director);(j) to frame statutes and ordinances and to alter, modify or rescind the same; (k) 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 faculty members and scholars and generally in such manner as may be conducive to their common objective;(l) to act as a nucleus for interaction between academia and industry by encouraging exchange of designers and other technical staff between the institute and the industry and by undertaking sponsored and funded research as well as consultancy projects by the institute;(m) to establish, equip and maintain workshops or laboratories or studios with modern machinery and equipments in order to undertake scientific and technological research for creating good designs for the production of goods and services and to provide funds for such works and for payment to any person or persons engaged in service, training and research work whether in such workshop or laboratory or studio;(n) to acquire any patent or licence relating to such invention, improvement or design or standardisation marks whether for general or specific purposes;(o) to undertake consultancy in the areas or disciplines relating to design; (p) 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;(q) to receive gifts, grants, donations or benefactions from the government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be;(r) to encourage and improve education of persons who are engaged or are likely to be engaged in the service, training or research activities by grant of loans, scholarships or other monetary assistance or otherwise;(s) to prepare, print, publish, issue, acquire and circulate books, papers, periodicals, exhibits, films, slides, gadgets, circulars and other literary undertakings, dealing with or having a bearing upon the subject of industrial design and allied fields;(t) to establish, form and maintain museums, libraries and collections of literature and films, slides, photographs, prototypes and other information relating to design and allied subjects;(u) to nominate designers, engineers (mechanical or electrical or civil), architects, craftsmen, technicians or investigators to study in india or outside india in regard to the service, training and research in such fields as the institute may think fit;(v) to retain or employ skilled professional, technical advisers, consultants, workers or craftsmen in connection with the objects of the institute;(w) to encourage artisans, technicians and others with inventive skill to work out details and specifications of processes, appliances and gadgets by giving awards, financial or technical assistance;(x) to construct buildings and alter, extend, improve, repair, enlarge or modify and to provide and equip the same with light, water, drainage, furniture, fittings and all other accessories;(y) to borrow and raise moneys, with or without security or on the security of a mortgage, charge, or hypothecation or pledge of any of the movable or immovable properties belonging to the institute or in any other manner;(z) 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| | | | | ||------|------|------|------|-----|institute be open to all races, creeds and classes7 (1) the institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever| | | | | ||------|------|------|------|-----|teaching at institute8 all teaching at the institute and the institute campuses shall be conducted by or in the name of the institute in accordance with the statutes and the ordinances made in this behalfvisitor9 (1) the president of india shall be the visitor of the institute| | | | | ||------|------|------|------|-----|10 the following shall be the authorities of the institute, namely:—authorities of institute(a) the governing council, (b) a senate, and (c) such other authorities as may be declared by the statutes to be the authorities of the institute 11 the governing council shall consist of the following members, namely:—governing council(a) a chairperson, who shall be an eminent academician, scientist or technologist or professional or industrialist, to be nominated by the visitor;(b) the director, ex officio;(c) the financial adviser in the ministry or department of the government of india dealing with the national institute of design, ex officio;(d) the joint secretary, in the ministry or department in the government of india dealing with the national institute of design, ex officio;(e) one representative of the ministry or department of the government of india not below the rank of joint secretary dealing with higher education, to be nominated by the secretary of that ministry or department, ex officio; (f) one representative of the ministry or department of the government of india not below the rank of joint secretary dealing with information technology to be nominated by the secretary of that ministry or department, ex officio;(g) one representative from the state in which the institute campus is located, to be nominated by that state government;(h) five professionals, one each from the fields of architecture, engineering, fine arts, mass media and technology, to be nominated by the central government;(i) an outstanding designer, to be nominated by the visitor in consultation with the central government;(j) a management expert, to be nominated by the chairperson; (k) a representative of the micro, small and medium enterprises, to be nominated by the central government;(l) three persons to be nominated by the senate from amongst persons recommended by companies, firms or individuals who have provided financial assistance or contribution to the institute:provided that the threshold of financial assistance or contribution and other requirements to qualify for such nomination shall be such as may be provided for in the statutes; and(m) dean of each institute campus, ex officio senate15 the senate of the institute shall consist of the following persons, namely:—(a) the director, ex officio, who shall be the chairman of the senate; (b) dean of each institute campus, ex officio; (c) senior professors of the institute and of the institute campuses; (d) three persons, not being employees of the institute, to be nominated by the chairperson in consultation with the director, from amongst educationists of repute, one each from the fields of science, engineering and humanities and at least one of them shall be a woman;(e) one alumnus of the institute to be nominated by the chairperson in consultation with the director; and(f) such other members of the staff as may be laid down in the statutesfunctions of senate16 subject to the provisions of this act, the statutes and the ordinances, the senate of the institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes director18 (1) the director of the institute shall be appointed by the central government for a tenure of five years in such manner and on such terms and conditions of service as may be prescribed registrar20 (1) the registrar of the 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 governing council shall commit to his charge grants by central government22 for the purpose of enabling the institute 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 institute in each financial year such sums of money and in such manner as it may think fit23 (1) the institute shall maintain a fund to which shall be credited—fund of institute(a) all moneys provided by the central government; (b) all fees and other charges received by the institute; (c) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and(d) all moneys received by the institute in any other manner or from any other source 24 notwithstanding anything contained in section 23, the central government may direct the institute to—setting up of endowment fund(a) set up an endowment fund and any other fund for specified purpose; and (b) transfer money from its fund to endowment fund or any other fundaccounts and audit25 (1) the institute shall maintain proper accounts and other relevant records andprepare an annual statement of accounts, including the balance sheet, in such form as may be prescribed, in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditor-general of india pension and provident fund26 (1) the institute shall constitute, for the benefit of its employees, including thedirector, such pension, insurance and provident funds as it may deem fit, in such manner and subject to such conditions as may be laid down in the statutes appointment of staff27 all appointments of the staff of the institute, except that of the director, shall be made in accordance with the procedure laid down in the statutes by—(a) the governing council, if the appointment is made on the academic staff in the post of senior designer or professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum of the pay-scale for which is the same or higher than that of senior designer or professor; and| ||-----------------|| statutes how to || be made |29 (1) the first statutes of the institute shall be framed by the governing council with the previous approval of the visitor and a copy of the same shall be laid as soon as may be before each house of parliament| ||-------------|| ordinances |30 subject to the provisions of this act and the statutes, the ordinances of the institute may provide for all or any of the following matters, namely:—(a) admission of the students to the institute including institute campus; (b) reservation in admission to various courses or programmes of the institute for the scheduled castes, the scheduled tribes and other backward classes; (c) courses of study to be laid down for all degrees, diplomas and certificates of the institute;(d) conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates;(e) conditions for award of fellowships, scholarships, exhibitions, medals and prizes;(f) conditions and mode of appointment and duties of examining body, examiners and moderators;(g) conduct of examinations; (h) maintenance of discipline among the students of the institute; and (i) any other matter which by this act or the statutes is to be or may be provided for by the ordinances arbitral tribunal32 (1) any dispute arising out of a contract between the institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to an arbitral tribunal consisting of one member appointed by the institute, one member nominated by the employee and an umpire appointed by the visitor| | | | | ||------|------|------|------|-----| chapter iii miscellaneous33 no act of the institute or governing council or senate or any other authority, 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; or ||----------------------|-----|-------------------------------------------------------------------------------|| acts and | | || proceedings | | || not to be | | || invalidated by | | || vacancies, etc | | || ( | 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 case || sponsored | | || schemes | | |34 notwithstanding anything contained in this act, whenever the institute receives funds from any government, the university grants commission or any other agency including industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a chaired professorship or a scholarship, etc, to be executed or endowed at the institute,—(a) the amount received shall be kept by the institute separately from the fund of the institute and utilised only for that purpose; and(b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisations: provided that any money remaining unutilised shall be transferred to the endowment fund set up under section 24 of this act| power | of ||----------------|------|| institute | to || grant degrees, | || etc | |35 the institute shall have the power to grant degrees, diplomas, certificates and other academic distinctions under this act, which shall be equivalent to such corresponding degrees, diplomas, certificates and other academic distinctions granted by any university or institute established or incorporated under any other law for the time being in force36 the central government may give such directions as it may deem necessary to the institute for effective administration of this act and the institute shall comply with such directionspowers of central government to issue directions22 of 200537 the provisions of the right to information act, 2005 shall apply to the institute, asif it were a public authority as defined in clause (h) of section 2 of the right to informationact, 2005 institute to be public authority under right to information act, 200539 notwithstanding anything contained in this act—transitional provisions(a) the governing council of the institute functioning as such, immediately before the commencement of this act, shall continue to so function until a new governing council is constituted for the institute under this act, but on the constitution of a new governing council under this act, the members of the governing council holding office before such constitution shall cease to hold office; (c) until the first statutes and ordinances are made under this act, the rules and regulations, instructions, guidelines and bye-laws of the society, in force immediately before the commencement of this act, shall continue to apply to the institute and institute campuses located at bengaluru or gandhinagar, as the case may be, in so far as they are not inconsistent with the provisions of this act rajya sabha———————— a billto amend the national institute of design act, 2014————(shri piyush goyal, minister of railways and commerce and industry)mgipmrnd—2140rs(s3)—26-07-2019

Parliament_bills

6fa6fd9f-da6c-59a9-a9f2-a4eedba365bc

bill no 139 of 2018 the appropriation (no 5) bill, 2018 a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march 2016, in excess of the amounts granted for those services and for that year be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title1 this act may be called the appropriation ( no 5) act, 20185102 from and out of the consolidated fund of india, the sums specified in column 3 of the schedule, amounting in the aggregate to the sum of two hundred eighty-six crore, fortyfour lakh, twenty thousand two hundred and fifty-five rupees shall be deemed to have been authorised to be paid and applied to meet the amounts 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, 2016, in excess of the amounts granted for those services and for that yearissue of rs 286,44,20,255 out of the consolidated fund of india to meet certain excess expenditure for the year ended on the 31st march, 2016appropriation3 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 march, 2016the 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 | | || civil ministries | | || 15 | department of telecommunication | revenue || 22 | defence pensions | revenue || ministry of railways | | || 2 | miscellaneous expenditure | revenue || 3 | working expenses—general superintendence and | || services | revenue | || 4 | working expenses—repairs and maintenance of | || permanent way and works | revenue | || 6 | working expenses—repairs and maintenance of | || carriage and wagons | revenue | || 11 | working expenses—staff welfare and amenties | revenue || 13 | working expenses—provident fund, pension and other | || retirement benefits | revenue | || t | | || otal | | || : | 285,85,14,293 | 59,05,962 || rs | rs | rs ||------------|----------------|---------------| statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the grants made by the lok sabha for expenditure of the central government, for the financial year ended 31st day of march, 2016piyush goyal ———— president's recommendation under article 117 of the constitution of india ————[copy of fno 7(1)-b(sd)/2018, dated 2772018 from shri piyush goyal, minister of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 2016, in excess of the amounts granted for the said services and for that year recommended under clause (1) and (3) of article 117 of the constitution, read with clause (2) of article 115 thereof, the introduction of the appropriation (no 5) bill, 2018 in lok sabha and also recommends to lok sabha the consideration of the bill———————————— a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 2016, in excess of the amounts granted for those services and for that year————

Parliament_bills

ff222b7b-d671-5443-af52-34a4ca3eacf3

the brentfdrd eijecrric (india) ld1ited (acquisition and trans]'e[i 01' ljl'iljt!ifi:akings) bill 1987 (to be/a2 introduced in 10k sapha) page (11) in the arrangement of clauses, 1 - against clalise 21, !2r "commissioner of''' ~ "chmmissioner to" 2 page 6, line 48,-3 for "30th january," -read "30th day of january, it -page 6, line 49,-for "shal" ~ "shal2" 4 page 9, line 15,-for "wthin" ~ nwithin" sravana 2, 19 9 (saka) the brentford electric (india) limited (acquisition and transfer of undertakings) bill, 1987 arrangement of clauses chapter i pu:umtnary clausib1 short title and commencement 2 definitions chapter iiacquisition and transfer of the undertakings of 'nie company transfer to, and vesting in, the central government of the undertakings of the company 4 general effect of vesting 5 company, to be liable for certain prior liabilities 6 power of central government to direct vesting ot the undertakings of the company ib andrew yule chapter nl payment of amounts7 payment of amount 8 payment of further amounts chapter iv management, etc, of the undertakings of the company9 management, etc, of the undertakings of the company 10 duty of persons in cbarge of management of the undertakings of the company to deliver all assets, etc ( 11 duty of ~sons to account for assets, etc, in their possession chapter vpltov:tsions relatino to tal) employees of nu: company cla1j&i:s12 continuance of employees 13 provident fund and other fund!! (i) chapter vi commissioner of payments14 appointment of commissioner of payments 1$ payment by the central government to the commissioner 16 certain powers of the central ~rnment er andrew yule 17 claims to be made to the commissioner 18 priority of claims 19 examination of claims 20 admission or rejection of claims 21 disbursement of money by the commissioner of claimants 22 disbursement of amounts to the company 23 undisbursed or unclaimed amount to be deposited to the general revenue account chapter vii miscellaneous24 act to have overriding effect 25 contracts to cease to have eft'ect unless ratified by the central government or andrew yule 26 penalties 27 offences by companies 28 protection of action taken in good faith 29 delegation of powers 30 power to make rules 31 power to remove difficulties the schedule 'i:'q u&'ntfqij) ilictblc (india) ijmi'i'ed (acquisition and transfer of undertakings) bill, 1987 a billto provicbe for the acquisition and transfer of the undertakings of the brentford electric (indii&) ltmited, with a view to securing the pr0-per ~ of' 8'uch u,m,e,-taking8 so as to subsert7e the iaterests of the general public by ensuring the con'f'nued manufacture cmd production oj electrical equipmenu whack are essential to the need! of the economy of the country and for mattjer8 conn~d therewith or~l~ 8&af 1961 wli-a\s the b!'entford electric (india) ~imited had been engaged in the,mataeture andpr&duction of articles mentioned ~ the fij!st ~ dule·tbe:faduattles ~lopment and reeu1ation) act, 1951, namely electrical equipments; 5 and wherbas the management of the undertakings of the brentford eleetrlc (india) limited was taken over by the central government under section 18aa of the industries (development and regulation) act 65ofttsl 1951; am whjrea8 'it 'is' n~ty to acquire the undertakings of the b&--eat-10 forclieleotric '(india)" lbrii~ to ensure that the intecests 61 ·the ge" ~"il'e ~'by the ccmtin~ce, by the undertaki13f5 of "~ patif "" ~ u2d prociuetion of ihe,donimicl ~ , are eeiieiltm'" the needs of the economy of the country; be it enacted by parliament in the thirty-eighth year of the republic of india as follows:-chapter i preliminary1 (1) this act may be called the brentford electric (india) limited 5 (acquisition and transfer of undertakings) act, 1987 shol't title and con,· mencernent (2) the provisions of sections 26 and 27 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 1st day of april, 1986 z in this act, unless the context otherwise requtres,-10 deflnitiojll (a) "andrew yule" means the andrew yule and company limit· ed, calcutta, a company formed and registered under the companies act, 1956; 1 of 1868 (b) "appointed day" means the 1st day of april, 1988; (c) "commissioner" means the commissioner of payments 1s appointed under section 14; (d) "company" means the brentford electric (india) limited a company within the meaning of the companies act, 19s6, and 1 ot 18m having its registered office at 8, clive row, calcutta, in the state of west bengal; ! 20 (e) "notification" means a notification published in the oftlclal gazette; -' i (f) "prescribed" means preseribed by rules made· uftder this act; (g) "specifted date", in relation to any provision of thil act, 25 means such date as the central government may, by notiftcation, specify for the purposes of that provision and dhrerent dates may be specified for different provisions of this act; (h) words and exprdssions used herein and not defined but defined in the companies act, 1956, shall have the meanings respee- 30 10f 1811, tlvely assigned to them in that act, ' chapter nacquismon and 'l'ransfeji of 'me undertakings or'l'llz compan 3 on the appointed day, the uildertakinp of the company,'" tm right, title- and interest of tbe company in relatlod to ita 1iilderfajdn , 35 shall, by vtftue of this ad, caud transferred to, ver in, tile cntnl government '1 - ; transfer to, and veetint; in, the caltralgovemment of the undertakings oft!ie compadj geniinl efteet tjl velttftl (1) the undertakings of the company shad be deemed to idciucle all urts, rights, lease-holds, powers, authorftifji and prlvueps, i!jd 111 pru(mlitr, movable and immovable, including l~ds ¥cunp, ~ 40 ~~,, fmtruments, machinery and equipment, cub ~ -ja: ' on 1iihi/ellliwtues; demand drafts reserve funds, "i,nveetmeftt8 ~ delttw, and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the company, whether within or outside india, and all books of account, registers, records and all other documents of what-5 ever nature relating thereto (2) au properties as aforesaid which have vested in the central government under section 3 shall by force of such vesting, be freed and discharged from any trust, obliga'tion, mortgage charge, lien and all other incumbrances affecting them, and any attachment, injunction, 10 decree or order of any court, tribunal or other authority restricting the use of such properties in any manner shall be deemed to have been withdrawn 1 (8) every mortgagee of any property which has vested under this act in the cen'tral government and every person holding any charge, lien or is other interest in, or in relation to, any such property, shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest (4) for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (3) or any other person 20 holding anv char~e lien or other interest in, or in relation to, anv such propertv shall be entitled to claim, in accordance with his rie:hts and interests payment of the ml)l'b!'ae:e money or other dues, in whole or in part out of the amount sne('iiied in section 7 and also out of the amounts 25 determtned under section r but no such morte-me, chare:e, lien or other interest shall be enforceable against any property which has vested in the central government (5) any licenre or other inrtrument etanted to the comnany in re-'~tion to any undf'rlakin~ which h:lc:; vested in the cf'ntral government unner ~prtion :j at anv tim~ hefore the annnfnterl day and in force fmme-30 diatelv hefore th:lt rhlv ~ha'l contitlllp to be in forre 0" and 1!fter surh day in ilc~orii::lnce with its tenor in tela'tion to and for the nl1rno~e~ of ruch unnertakinq :lnd on il"n from the ihte of vestln~ of stlch unriprfrkf"lt under sertlon 6 in andrf'w yule that comnanv shall he riel'>men to be substituterl in sllch 11l'en('e or othpr instrllmen't ac:; if s1lch 'icenc'e or 35 other instrument hllo been ptanted to an~rew yule 1!nd that comnany shall hold it for the remainder of thf' nerlori for which the company would have held it under 'the terms thereof '(01 tf on the ::innointeif d:lv any suit ;mneal or other nro('p"ninq' of wh'ltever naturp in rl'>1::tion to any nronertv whirh h:lc:; vpc:;ted fn the 40 centml c"rllvernment llnrler sedion ~ inl'!tftuted or nreforren bv or a{jainst the company is nending the 811me shall not ahate he discontinued or be, in any wav preiudicla'lv affected hv reason of the tran~fer of the undertakin~s of the company or of anything contained in this act but th~ !mit, appeal or other nroceedfn~ may be c'ontinued nrosecuted or enforced 4s bv or ag-ainst the central government or where th€' und'ertakinl!s nf the company are directed, 'fmner se('tion 6, fo vest in andrew yule hy or against andrew yule 5 '(1) every liabflftv of the company other than the lfabilities specifted in sub-seetfnn m, in resnect of any period orior to the atmofnted day so shl'ln be the l'l'ibflftv of the comnanv anrt shall be enforceable a~:lfnc:;t it and not ~gafnst the central government or, where' the ,mt!ertaldng! 0'0wlpuir to he uable_ certaid prtqr bdltte& of the company are directed, under section 6, to vest in andrew yule, against andrew yule (2) any liability arising in respect of advances made to the company for the supply of articles, or in respect of materials supplied to the company, after the management of the undertakings of the company bad 5 been taken over by the central government shall on and from ~ appointed day, be the liability of the central government or of andrew y1lle, aathe case may be, and shall be discharged by that government or andrew yule, as and when payment for such advances or supplies becomes due and payable 10 (3) for the removal of doubts, it is hereby declared that,-(a) save as otherwise expressly provided in this section or in any other provision of this act, no liability of the company, in respect of any period prior to the appointed day, shall be enforceable against the central government, or where the underialdngs 15 of the company are directed under section 6, to vest in andrew yule, against andrew yule (b) no award, decree or order of any court, tribunal or other authority in relation 'to the undertakings of the compluly, pused after the appointed day in resp£:ct of any matter, claim or dispute, 20 which arose before that day, shall be enforceable against the central government or wher(s the undertakin~ of the company are directed, under section 6, to vest in andrew yule, against andrew yule; (e) no liability incurreo by the company before the appointed day for the contravention of any provision of law for the 'time befng 25 in force shall be ~nforeeable allainst the central government or where the undertakin~ of the company are directed: under section ft, to vest in andrew yule, against andrew yule 6 (1) notwithstanding anything contained in sections 3 and 4, the central governmen't may subject to such terms and conditions as it 30 may think fit to impose, direct by notification, that the undertaldn~ of the companv and the rilrht, title and interest of the company in relation to its undertakjngs, which have ve-<;ted in the central government under section ~ shall instead of continuing to vet:l't in the centt'al government, vest in andrew yule, either on the date of the notification or on sueh 35 earlier or later date (not beinl! a nate earlier than 'the appointed day) as may be specified in the notification power of central government t" direct vesting o! the undertakings of the company tnandrew yule (2) wherp the rif!ht title and interest, and the liabiuties referred tn in sub-section (2) of section 5 of the companv in relation to its undertakings vest in andrew yule under ~mb-sectio~ (1) andrew yule shall, 40 on and from the date of such vesting bf:' dpemecl to ha,re become the owller in relation 'to such undertflkin{!s and all the ril!hts and liabflitie!'f of the central government in relation tn such undertakings shall on and from the date of such vestinll re dp't>med to have "t;ecome the right and liabilities respectively, of andrew yule '45 ' ' '" chapter m , w· of ~' •• -•• ____ 0 , , ,':' hi '1'01' dae - tramfer tft anti ~eear til •• eenfnl' t"oftftnlleftf under of ~ ;litictlon 3, of the andettak1ng~ q' f"~ company ,nd the rirrjj( fftle 1''' baterest of the company in relation to its undertddngs, there shall be paid liy die central government to the compeay in cash, and in the manner speeiflod in chapter vi, an amount of rupees thirty-seven lakhs ami fifty thou,and p~ment of further amounts 5 8 (1) for the deprivation of the company of the management of its undertakinrs, there shall be paid by the central govel'nment to the company in cash, an amount calculated at the rate of five thousand rupees per and urn for the period commencing on the date on which the management of the undertakings of the company was taken over in pur-10 suance of the order made by the central government under section 18aa 65 o~ ]~l of the industries (development and regulation) act, 1951, and ending on the appointed day (2) in consideration of the retrospective operation of the provisions of sections 3, 4 and 5 there hall also be paid by the central govern-j 5 ment to the company in cash, an amount calculated at the rate of five thousand rupees per annum for the period commencing on the appointed day and ending on the date on which this aet receives the aaent of the president , - (3) the amounts specified in section 7, and the aldfmlts ~ 20 accordance with the provi~ious of sub«ctigns (1) bdd (2), shall amoy simple interest at the rate of four per cent per annum for the period ~encing on the appointed day and ending on the date on which paymut of such amounts is made by the central government to the commluioner 25 (4) the amounts determined in accordance with the provisions of sujt1ectieas (1) (2) and (3) sbali be paitl by the central govemmeat to the compluly addition to the amount specified in section 7 (5) for the removal of doubts, it is hereby declared that the liabilities of the company, in relation to its undertakings which have vested in the 30 central government under section 3, shall be discharged from the amount referred to in section 7, and also from the amounts determined under su~ctions (1) t (2) and (3), in accordance with the rights and interests of the creditors of the company chapter iv 35 management, etc, of the undertakings of tile companymanagement, etc, of the undertakings of the company 9 the general superintendence, direction, control and management of the aftairs and business of the undertakings of the company, the right title and interest in relation to which have vested in the central government under section 3, shall, where a direction has been made by 40 the central government under sub-section (1) of section 6, vest in andrew yule, and thereupon andrew yule shall be entitled to exercise, to the exclusion of all other persons, all sttch powers and do all suell thinas as the companv w'8i authorised to exercise and do in relation to its undertakings , duty of persol1l ineharge of management ottha undertakinpof tbecompanyto deuverall etc dutyot penonato aeeou;nt for_ta, etc, ill thelrpoe-m!iiion io (1) on the vesting of the management of the undertakings of the company in andrew yule, all persons in charge of the management of the undertakings of the company immediately before such v~ting shall be bound to deliver to andrew yule all assets, books of account, registers or other documents in their custody relating to the undertakings of the 5 company (2) the central government may issue such directions as it may deem desirable in the circumstances of the case to andrew yule as hi its powers and duties and andrew yule may also, if it so desires, apply to the central government at any time for instructions as to the manner 10 !n which the management of the undertakings of the company shall be conducted by it or in relation to any other matter arising in the course of such management 11 (1) a:jjy person who has, on the appointed day, in his possession or under his control, any assets, books, documents or other papers relat- 15 ing to any undertaking owned by the company, which have vested in the central government or in andrew yule under this act and which belong to the company or would have so belonged, if the undertakings owned by the company had not vested in the central government or andrew yule, shall be liable to account for the said assets, books, documents and other 20 papers to the central government or andrew yule and shall deliver them to the central government or andrew yule or to such person or persona as the central government or andrew yule may specify in this behalf (2) the central government or andrew yule may take or cause to be taken all necessary steps for securing possession of the undertakings of 25 the company which have vested in the central government or andrew yule under this act (3) the company shall, within such period as the central government may allow in this behalf, furnish to that government a t::omplete inventory of all its propprties and assets, as on the appointed day, pertaining 30 to the undertakings which have vested in the central government under section 3 and for this purpose, the central 9'<>vernment or andrew yule shall dord to the company all reasonable facilities chapter v provisions rllanng to the employea of tim company 35 12 (1) every person who has been, immediately before the appointed day, employed in any undertakings of the company shall become,-,(a) on and from the appointed day, an employee of the central government, and (b) where the undertakings of the company are directed under 40 sub-6ection (1) of section 6 to vest in andrew yule, an employee of andrew yule on and from the date of such vesting; and shall hold office or service under the central government or andrew yule, as the case may be, with the rights and privileges as to pension, gratuity and other matters admissible to him immediately before the s appointed day, as modified by the memoranda of settlement signed by 4 the representatives of the management and the employees of the company on the 28th day of january, 1986 and the 30th january, 1986, and shal continue to do so unless and until his employment under the central government or andrew yule, as the case may be, is duly termi- so natecl or lultil his remuneration and other conditions of service are duly altered by the central government ~ andrew yule, as the case may be (2) notwithstanding anything contained in the industrial disputes :i4 of 1947 act, 1947, or in any othot;!r law for the time being in force, the transfer of the services of any officer or other person employed in any undertak· ing of the company, to the central government or and~w yule shall 5 not entitle such officer or' other employee to claim any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority 13 (1) where the company has established a provident fund, super- provt-' annuation fund welfare fund or any other fund for the benefit of the dent 10 persons employed in any of its undertakings, the moneys relatable to the tund and officers or other employees, whose services have become transferred by other or under this act to the central government or andrew yule shall, funds out of the moneys standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund or other fund, stand 15 transferred to, and vest in, the central government or andrew yule, as the case may be (2) the moneys which stand transferred under sub-section (1) to the central government or andrew yule, as the case may be, shall be dealt with by thnt government or andrew yule in such manner, as 20 ltlay be prescribed chapi'er vi commissioner of' payments14 (1) the central govcrnm~nt shall, for the purpose of disbursing appointthe amounts payable under sections 7 and' 8 to tht\ company, by notifi- ment ot 25 cation," appoint a commissioner of payments commil (2) the cpntral government mayappoint such other persons as it lionerot,· may think fit to assist the commissioner and thereupon the commissioner pay" may authorise one or more of such persons also to exercise all or any of menu the powers exercisable by h'im under this act and different persons may 30 be authorised to exercise different powers (3) any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authori-35 sation (4) the salaries and allowance~ of the commissioner and otber persons appointed under this section shall be defrayed out of die ccmi8o - ted fund of india ~ (1) the central government shall, within thirty days from the 40 specified date, pay, in cash, to the commissioner, for payment to the company,_ (a) an amount equal to the amo\lrtt specified in section 7; and patfttlnt by the cedtra1 governmentto the codi' sioner: (b) further amount equal to the amounts payable to the com, pany under section 8 45 (2) a deposit account shall be opened by the central government m favour of the commissioner in the public account of india, and every amount paid under this act to the cdmn1issioner shall b~ depdsited by him to the credit of the said deposit account and the said deposi' account shall be operated by the commissioner; (8) records shall be maintained by the commissioner in reapect of the undertakings of the company in relation to which payments have been made to him under this act (4) interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit 5 of the company 16 (1) the central government or andrew yule, as the case may be, shall be :entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the company, in relation to its undertakings which have vested in the central government or andrew 10 yule, and realised after the appointed day notwithstanding that the realisation pertains to a period prior to the appointed day certain powers ofsbe central governmentor andrew yule (2) the central government or andrew yule, as the case may be, may make a claim to the commissioner with regard to every payment made by that government or andrew yule, after the appointed day, for 15 discharging any liability of the company, not being any liability specified in sub-section (2) of section 5, in relation to any period prior to the appointed day; and every such claim shall have priority in accordance with the priorities attaching, under this act, to the matter in relation to which such liability has been discharged by the central government or 20 andrew yule (3) save as otherwise provided in this act, the liabilit~s of the company, in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the company 25 17 every person having a claim against the company with regard to any of the matters specified in the schedule, pertaining to any of its undertakings, shall prefer such claim before the commissioner within thirty days from the specified da te: claims tobl made \0 the commia· ldoner provided that if the commissioner is satisfied that the claimant was 30 prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter priority 18 the claims made under section 17 shall have priorities in accorofclabnl dance with the following principles, namely:-35 (4) category i shall have precedence over all other categories and category ii shall have precedence over category iii, and so on; (b) the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such c'lairns in full, they shall abate in equal proportions and be paid 40 accordingly; and (c) the question of diltcharaing any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all tht! liabilities specified in the immediately higher category it (1) oll receipt of the claims made under section 17, the commissl()ner shall arrange the claims in the order of priorities specified in the schedule and examine the same in accordance with such order ot priotities (2) if, on an examination of the claims, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be reoqui red to examine the claims in respect of such lower category admit· staaor rejee tion o' alaidil- 5 20 (1) after examining the claims with reference to the priorities set out in the schedule, the commissioner shall fix a certain date on or b:efore which every claimant shall file the proof of his claim , (2) not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the 10 english language having circulation in the major part of the country and one issue of any daily newspaper in such regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement 15 (3) every claimant who fails to file the proof of his claim wthin the period specified by the commissioner shall be excluded from the dis-bursements made by the commissioner (4) the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the company an opportunity of 20 refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part (5) the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, 25 including the place or places at which he may hold his sittings and shall, for the purpose of making an investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, lof 19g8 1908, while trying a suit, in respect of the following matters, namely:-30 (a) the summoning and enfoi"cing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of wit-35 nesses -'5 of 1880 j 011974 (6) any investigation before the conunissioner shall be deemed to be a judicial pro~eding within the meaning of sections 193 and 228 of the indian penal code and the commissioner shall be deemed to be a civil court for the purposes of section 195, and chapter xxvi, of the code 40 of criminal procedure, 1973 (7) a claimant who is dissatisfied with the decision of the commis-sioner, may prefer an appeal against such decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated: 4~ provided that where a person who is a judge of a high court is appo:nted to be the commissioner, the appeal shall lie to the high court at calcutta, and such appeal shall be heard and disposed oj by no't l"s than two judges of that high court, 21 after admitting a claim under this act, the amownt 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 sllch payment, the liability of the company in respeot of such claim shall stand discharged disbur sement of moncy by the commis-jig_ to c1\limaats qisburse· ~edl of amounts to the company 22 (1) if, out of the moneys paid to him in relation to the undertak-5 ings of the company, there is a balance left after meeting the liabilities specified in the schedule, the commissioner shall disburse such balance to the company (2) where the possession of any machinery, equipment or other pro- perty has vested in the central government or andrew yule under this ]0 act, but such machinery, equipment or other property does not helong to the company, it shall be lawful for the central governm~nt or andrew yule, to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by the company immediately before the appointed day 15 23 any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be 1ransferred by the commissioner, before his office is finally wound up, to the general revenue account of the central government; but a claim to any money lzo so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim, being treated as an order for the refund of revenue uddi!-bursedor -unclaim· edamountto be de· poiilted totbe 1 l'e'ftnue account chapter vii25 miscellaneous 24 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being act to have overridtng dect in force or in any instrument having effect by virtue of any law, other than this act or in any decree or order of any court, tribunal or other 30 authority fz5 every contract entered into by the company in relation to its undertakings which has vested in the central government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred 35 and eighty days from the date on which this act receives the assent of the pre~ident, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the central government or andrew yule in which such undertakings have been vested under this act, and in ratifying such contract, the central government or 40 andrew yule may make such alteration or modification therein as it maythink fit: contracts to cease to have effect udl-ratlftec1 by the cejltral governmeator andrew yule provided that the central government or andrew yule shall not omit to ratify a contract and shall not make any alteration or modification in a contraot-(a) unless it is satisfied that such contract is unduly onerous or juts 'been entered into in bad faith or is detrimental to the interests of the central government or andrew yule, and (b) except after givmg to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein 26 a:ny person who,-5 penaltim (a) having in his possession, custody or control any property forming part of the undertakings of the company, wrongfully withholds $uch property from the central government or andrew yule; or 10 (b) wrongfully obtains possession of, or retains, any property forming part of the undertakings of the company; or (c) wilfully withholds or fails to furnish to the central government or andrew yule or any person or body of persons specified by that government or andrew yule, as the case may be, any document 15 relating to the undertakings, which may be in his possession, custody or control; or (d) fails to deliver to the central government or andrew yule or any person or body of persons specified by that government or and·rew yule, as the case may be, any· assets, books of account, 20 registers or other documents in his possession, custody or control relating to the undertakings of the company; or (e) wrongfully removes or destroys any property forming part of the undertakings of the company or prefers any claim under this act which he knows or has reasonable cause to believe to be false 25 or grossly inaccurate, jhall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees, or with both 27 (1) where an offence under this act has been committed by a offences 30 company, every person who, at the time the offence was committed by comwas in charge of, and was responsible to, the company, for toe conduct panies of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shah be liable to be proceeded against and punished accordingly: 35 provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he pro~s that the offence was' committed without his knowledge or that he had exercised all due qiligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where 40 any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any dire'ctor, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that 45 offence and shall be liable to be proceeded against and punisbed accordingly, i erplamtion-for the purposes of this section,-(4) "company" means any body corporate and includes a firm or other association of individuals; and (0) "director", in relation to a firm, means a partner in the fi~ 5 f41 (1) no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that govemment or andrew yule or other person authorised by that government or andrew yule tor anything which is in good faith done or intended to be done under this act 10 protec· tlbdjaf action taken inlood faith (2) no suit or other legal proceeding shall lie against the central government or any officer ot that government or anckew yule or other person authorised by that government or andrew yule tor any damage caused or li~ly to be caused by anything which is in good faith done or intended 't~ be done under this act 15 delela· tionof pow 219 (1) the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section and sections 30 and 31, may also be exercised by such person or persons as may be specified in the notification (2) whenever any delegation of power is made under sub-section 20 (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the central government 30 (1) the central government may, by notification make rul~ for carrying out the provisions of this act power to jnab rules (2) in particular, and without prejudice to the generality of the 25 foregoing power, such rules may provide for all or any ot the following matters, namely:-(a) the time within which, and the manner in which, an intimation referred to in sub-section (3) of section 4 shall be given; (0) the manner in which the moneys in any provident fund or 30 other fund, referred to in section 13 shall be dealt with; (e) an~ other matter which is required to be, or may be, prescribed (3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of 3s 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, ~fore the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modifit:ation in the rule or both houses agr~ that the 40 l"ule should not be made, the ruje shall thereafter have effect only in such modified fonn 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 previou6ly done under that rule it if any difttculty arises in giving effect to the provisions 01 tll~ act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: powerid remove di1ftculties provided that no such order shall be ma~ after the expiry of a 5 period of two yeats from the date on which this act receives the assen~ of the president the schedule[see sections 17, 19(1),20(1) and 22(1)] order of priori'lus post-take-ode?' management periodjo category 1-(a) wages, salaries and other dues payable to the employees of the company (b) deductions made from the salaries and wages of the employees 15 of the company for provident fund, the employees' state i insurance fund, premium relating to the life insurance corporation of india or for any other purpo~ category ii-principal amount of loans advanced by-(i) the central government; 20 (ii) a state government; (iii) banks and financial institutions; (iv) any other source - ! 25 category iii-(a) arrears in relation to contributions to be made by the company to provident fund, the employees' state insurance fund or under any other law for the time being in force providing for such contributions (b) any credits availed of by the company for the purpose of carry 30 ing on any trading or manufacturing operations, other than those specified in sub-section (2) of section 5 (c) any dues of state electricity boards or other government or emi-government institutions against supply of goods or aervice8, othet than those specified in sub-section (3) of section 5 , 3s (d) arrears of interest on loans and advances category iv-(a) reveri'¥l taxes, cesses, rates or other dlles to the central goy· ernment, a state goveriiment or any local authority (b) ~1 bther dues 40 pre-take-c>ver management period category v (a) wages, ilalaries and othet dilles payable to the employees ot the company ' (b) deductions made from the salaries and wages of the employeei of the company for provident fund, the employees' state insurance fund, prtmlium relating to the life insurance corporation of india or for any ~ther purpose 5 category vi-(a) principal amount of secured loans advanced by-(i) the central government; (ii) a state government; (iii) banks and financial institutions (b) arrears in relation to contributions to be made by the company 10 to provident fund, the employees' state insurance fund or under any other law for the time being in force providing for such contributions category vii-principal amount of unsecured loans advanced by-(i) the central government 15 (ii) a state government; (iii) banks and financial institutions category vlii-(a) any credits availed of by the company for the purpose of carrying on any trading or manufacturing operations 20 (b) any dues of state electricity boards or other government or semi-government institutions against supply of goods or services (c) arrears of interest on loans and advances (d) revenue, taxes, cesses, rates or other d~s to central government, a state government or any local authority 25 (e) any other loans or dues statement of objects and reasonsthe brentford electric (india) limited, calcutta, (bell), established in 1964, has been in existence for about 23 years and has been engaged in the manufacture of regulators of up to 5000kv a, rectifiers, special transfonners, distribution transformers, etc the products of the company are of high quality and are requlred for defence establishments, state electricity boards and atomic energy establishments the company is at prescnt employ;ilg about 200 persons 2 bell started incurring losses from 1975 and ran into serious financial difficulties in 1976 the management of the company was taken over by the central government under section 18aa of the industries (development and regulation) act, 1951 and andrew yule and company limited, a government company, was appointed as the 'authorised person' for managing its affairs the period of takeover of the management of bell was extended from time to time and is presently stands extended up to the 25th november, 1987 at the time of bike over, the accumulated losses of bell were es 9037 lakhs and its liabilities to third parties aggregated to rs 8733 lakhs however, the sales turnover of the company has improved considerably in the post-take-over period and it has been able to turn the corner by 1979-80, thus establishing that its operations are technically lind commercially viable during the years 19'79-80, 1980-81, 1981-82 and 1985-86, the company earned profits during the years 1982-83 and 1984-85, the undertaking incurred losses mainly due to labour problems and lock-out 3 considering the fact that the company had heavy losses on the date of take over, it is evi~ent that it would never be able to service its old liabilities though its current operations, without the drag of the pre-takeover liabilities, are viable the company cannot at the same time be run for an indefinite period under the provisions of the industries (development and regulation) act, 1951 4 studies made to determine the future set up of the company revealed that the undertakings of the company should be nationalised in order to consolidate the gains of management and to ensure uninterrupted supply of critical items required by defence establishments, etc in view of the importance and high demand of the products manufactured by toe company and the loss of employment to about 200 persons, if the company were to be closed down, it is considered necessary to take aver the undertakings of the ,company 5 the bill seeks to achieve the aforesaid object apat't from providing for t1:e acquisition and transfer of the undertakings of the company, the'bill provides for the payment of an amount for such acquisition vesting of the undertakings of the company in the andnw yule, a government company, appointment of a commissioner of payments for the purpoieof disbursing the 8dlowlt payable tothecompany and for other incidental and consequential matters new delhi; j vengal rao the 25th july, 1987 clause 3 of the bill provides for the transfer to, and vesting in, the central government of the undertakings of brentford electric (india) ltd, calcutta clause 7 provides for the payment in cash and in the manner specified in chapter vi of the bill, of an amount of rs 37,50,000 for the transfer to, and vesting in the central government, the right, title and interest of the company in relation to its undertakings 2 sub-c1auje (1) of clause 8 of the bill provides for payment of a further amount in cash, in consideration of the deprivation of the company of the management of its undertakings, calculated at the rate of rupees five thousand per annum, for the period commencing on the date on whicn the m:magement of th(, undertakings of the company was taken over by the central government and ending on the 1st april, 1986, the appointed day it is estimated that this amount will be of the order of rs 35,000 3 sub-clause (2) of clause 8 of the bill provides for payment of a furu"er amount to the company in cash, in consideration of the retroo;ppctive operation of the provisions of clauses 3, 4 and 5, calculated at the rate of rupees five thousand per annum, for the period commencing on the appointed day and cnding on the date on which the bill receives the assent of the president it is estimated that this amount will be of the order of rs 5,000 4 sub-clause (3) of clause 8 of the bi11 provides for payment of simple interest at the rate of four per cent per annum in respect of amounts payable under clause 7 and sub-clauses (1) and (2) of clause 8 for the period commencing on the appointed day and ending on the date on which payment of such amounts is made by the central government to the commissioner of payments it is estimated that this amount is likely to be of the order of rs 1300~ per month 5 clause 14 of the bill provides for the appointment of a commissioner of payments by the central government with adequate staff to assist him for the rurpose of disbursing the amounts payable to the company sub-clause (4) of this clause provides that the salaries and allowances of the commissioner of payments and the other persons to assist him will be defrayed out of the consolidated fund of india the estimat-ed expenditure on this account is likely to be of the order of rs 10,ouo ~r month 6 separate budgetary provision will be made for protecting the secured pre-take-over dues and post-take-over dues of banks and financial institutions and the post-tak~ver dues of the andrews yule, to the tune of approximately rs 76 lakhs and which cannot be met by the compensation amount 7 the bill it enacted, is not likely to involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 30 of the bill empowers the central government to make rules to carry out the provif:jons of the bill the matters in respect of which rules may be made, inter alia, relate to the time within which, and the manner in which, intimation regarding any mortgage, charge, lien, etc, on the properties which have vested in the central government may 00 given to the commissioner of payments and the manner in which the moneys in any provident fund, superannuation, welfare or other fund maintained by the company shall be dealt with by the central government or the andrew yule and company 2 the matters in respect of which rules may be made are matters of procedure and adm::nistrative detail the delegation of legislative power is thus of a normal character billto provide for the acquisition and transfer of the undertakings of the brentford electric (india) limited, with a view to securing the proper management of such undertakings so as to sub serve the interests of the general public by ensuring the continued manufacture and production of electrical equipments which are essential to the needs of the economy of the country and for matters connected therewith or incidental thereto (shri j vengal rao, ·minister of indu~ry)

Parliament_bills

2121f4b1-9946-5974-bf1e-ca32e60778ba

bill no 95 of 2007 the constitution (one hundred and seventh amendment) bill, 2007 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution ( one hundred and seventh amendment)act, 2007amendment of article 2442 in article 244 of the constitution, in clauses (1) and (2), for the words "and mizoram", the words "mizoram and the areas under the gorkha hill council, darjeeling in the state of west bengal", shall respectively be substitutedamendment of article 3323 in article 332 of the constitution, in clause (6), after the following clause shall be inserted, namely:—"(7) subject to the provisions of clauses (1) and (3), in the legislative assembly of the state of west bengal, the representation of the scheduled tribes and non- scheduled tribes in the constituencies included in the gorkha hill council, darjeeling, so notified, and existing prior to the constitution of the gorkha hill council, darjeeling, shall be maintained" statement of objects and reasonsan 'in principle' memorandum of settlement (mos) was singed on 06122005 between the government of india, government of west bengal and administrator, darjeeling gorkha hill council (dghc) for creating an autonomous self governing council under the sixth schedule to the constitution for the hill areas of darjeeling district within the state of west bengal following due consultative, legislative and constitutional processes by the state and central government, so as to fulfill the economic, educational and linguistic aspirations, socio-cultural and ethnic identity of the hill people duly protecting the rights of the nontribals, and to speed up the infrastructure development in the till areas of darjeeling district in terms of the mos, the existing dghc will be replaced by an autonomous self governing council called the gorkha hill council, darjeeling (ghc) in the state of west bengal under the sixth schedule to the constitution the state government, at an appropriate time, will dissolve the dghc and repeal the darjeeling gorkha hill council act, 1988 to pave the way of creation of ghc2 clause (2) of article 244 of the constitution provides that the provisions of the sixth schedule shall apply to the administration of the tribal areas in the states of assam, meghalaya, tripura and mizoram in pursuance of the mos dated 06122005, it is proposed to amend article 244 of the constitution so as to bring the administration of the areas under the ghc in the state of west bengal within its amibit3 article 332 of the constitution provides for reservation of seats for scheduled castes and scheduled tribes in the legislative assemblies of the states for the autonomous districts in the state of assam, a provision in clause (6) of article 332 has been made so as to protect the rights of non-tribals under clause (6), the then existing representation of the scheduled tribes and non-scheduled tribes in the legislative assembly of the state of assam from the bodoland territorial council areas district was kept intact similarly, to protect the rights of non-tribals in the gorkha hill council in darjeeling, in pursuance of the mos dated 6th december, 2005, the existing representation of the scheduled tribes and non-scheduled tribes in the legislative assembly of the state of west bengal from the areas under the gorkha hill council is proposed to be kept intact it is, therefore, proposed to insert a new clause after the existing clause (6) of article 332 of the constitution4 the bill seeks to achieve the aforesaid objectivesnew delhi;shivraj v patilthe 23rd november, 2007, annexure extract from the constitution of india part x the scheduled and tribal areas244 (1)administration of scheduled areas and tribal areas(2) the provisions of the sixth schedule shall apply to the administration of the tribal areas in the states of assam, meghalaya, tripura and mizoram lok sabha———— a billfurther to amend the constitution of india————(shri shivraj vishwanath patil, minister of home affairs)mgipmrnd—4884ls—27-11-2007

Parliament_bills

da66d85b-7f9a-5c0b-9721-8b8ccee55a93

, bid no z6 of 1987 i' the appropriation (rail~ays) no2 bill, 19(17 a billu> authorise p4~t aftcl appropriatto7t -of certain further sums from and out c1/ the couolidatt!d fund of india for t1fe uroires 01 'the financial ~"ear 1886-87 fot the purpobes of railways be it enacted by parliament in the thirty-eighth year of the 'republic of india as 'follows:-'" ' shc':1 title; , , i this act may be' caliid' the appropriation (railways) no2 act, 1987 s z from rnd out of the consolidated fund of india thell! may be paid and applied ums not,~ those specified in col1dllll 3 of the schedule amowltjllg in the aggre~te to the sum of three hundred and seventy-eight crores, eighty-six lakhs and eighty-four thousand rupees 'towards defraying the 8everil charges which will come in course of 10 payment during theftnanclal year 1986-87, in respect of the services relating to railways speci1led in column 2 of the schedule | l | ||-------------|--------|| ,ue of | || rs | || 378116 | || 8",000 out | || of | the || consolidat | || ed | fund: || of | || irdilo' | || for | the || finandllf' | || year | || 1986-872 | |3 the sums authorised to be paid and applied from and out of the appro-consolidated fund of india by this act shall be appropriated for the 'jiriation services and purposes expreesed in the schedule in relation to the said 15 year total voted by parliamcdt charaid on tho cooio idated pudd ri, ri i 3 i general superidtenj' <ledge add services on railways 1,19,000 1,19,000 9,28,60,000 9,21,60,000 4 1 repairs and maintenance of i per~t way and workl 45,63,89,000 29,55,14,000 6 repairs and mai~ 01 carriaaes and wasods - 29,55,1",000 7 i repairs and maintenance of plant and equipment - $,91,95,000 2,03,34,000 8 operatidl ~~ ~18,_ stoclc and b9uipmeat " ~ 9 27000 10 """"'''' ~ opcr!lting e~pedwi-:-p_1 110~~l),ooo llo~,?~ staff welfare and amen_ , 11 13 pro)'ident fund peasi9d aad otiiu reb'redot""'--', '~t~ 71,ll,07,ooo 16 assots-acquiaition, collltruc- statement oj'ie>bjects and reasonsthis bill is introduced in ('p~suance of article 114(1) of the constitution of india, read with article 11s 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 e"xpenditure of the central govemmenton railways for the financial year 1986-87 madha vrao scindia president's recommendatic'il under article 117 of the constitution of india "y 'l'::~' {cqpy of let~no j'l~~~ dated the 6th march, 1987kam shtt mac:1hjvrao ~~ ~t,·of &tate 0f ·the ministry of railways to the secretary~neral, lok ~~] the president, having been informed of the subject matter of the proposed appropriation (railways) no 2 bill 1987 to authorise payment and appropriation of certain further sluilb from and out of the consolidated fund of india for ,the services of the financial year 1986-8'7 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, the introduction in and consideration by lok sabha of the appropriation bm ":; " i / , ,' ';c bilt to authorise payment and appropriation of eertaid further sums from and" out of the consolidated fund of india for the services of the ftnandat year 1986--87 for -the purposes of bailwa~ , _ ~ , ' ':tl ,,~i~:' ;m5 ::1,'; ,,(1 :jr~:? :~~ ,2,;", ",j :,;''>i':i ':, fa (shti madhavrao scinc:lia, miftwter f!f stclte for railways) $ ' /

Parliament_bills

813b6b22-c7ce-509f-b954-f9b5d7cf9619

bill no 233 of 2017 the criminal law (amendment) bill, 2017 bydr shashi tharoor, mpa billfurther to amend the indian penal code, 1860 and the code of criminal procedure code, 1973be it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary chapter ii amendments to the indian penal code, 186045 of 18602 in section 354d of the indian penal code, 1860, for sub-section (1), the following sub-section shall be substituted, namely:amendment of section 354d"(1) whoever—5(i) follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly despite a clear indication of disinterest by such person, or10(ii) monitors the use by a person of the internet, email or any other form of electronic communication, or(iii) watches or spies on a person, in a manner that results in a fear of violence or serious alarm or distress in the mind of such person, commits the offence of stalking:15provided that such conduct shall not amount to stalking if the person who pursued it proves that—(i) it was pursued for the purpose of preventing or detecting crime and the person accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or20(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or(iii) in the particular circumstances such conduct was reasonable and justified" chapter iii amendments to the code of criminal procedure, 197325amendment of the first schedule3 in the first schedule to the code of criminal procedure, 1973, under the heading"i-offences under the indian penal code", for the entries relating to sections 354a, 354c and 354d the following entries shall be substituted, namely:—12345630 35"354asexualimprisonment whichcognizablenon-bailableany magistrateharassment ofmay extend to 3the nature ofyears or with fine orunwelcomewith bothphysical contact and advances or a demand or request for sexual favours, showing pornography4045sexualimprisonment whichcognizablebailableany magistrateharassment ofmay extend tothe nature of1 year or with fine ormakingwith bothsexually coloured remark| 1 | 2 | 3 | 4 | 5 | 6 ||--------------------------|---------------|---------------------|----------------|--------------|----------------|| 5 | | | | | || 354c | voyeurism | imprisonment of not | cognizable | non-bailable | any magistrate || less than 1 year but | | | | | || which may extend to | | | | | || 3 years and with fine | | | | | || for first conviction | | | | | || 10 | | | | | || imprisonment of not | cognizable | non-bailable | any magistrate | | || less than 3 years but | | | | | || which may extend to | | | | | || 7 years and with fine | | | | | || for second or subsequent | | | | | || conviction | | | | | || 15 | | | | | || 354d | stalking | imprisonment up to | cognizable | non-bailable | any magistrate || 3 years and with fine | | | | | || for first conviction | | | | | || 20 | | | | | || imprisonment up to | cognizable | non-bailable | any | | || 5 years and with fine | magistrate" | | | | || for second or | | | | | || subsequent | | | | | || conviction | | | | | | statement of objects and reasonsprotection from sexual violence is a right guarantee specifically within the context of the right to life and personal liberty under article 21 of the constitution of india key to this is the right to dignity, which has long been recognised as an integral part of the constitution of indiathe state is duty bound under the constitution to enact legislation that protects women's safety against any threat, or suitably amend legislation that does not effectively address threats to a woman's safety and thereby their constitutionally guaranteed rights of safety and dignity, as laid down by the supreme court in vishakha vs state of rajasthanthe offences of sexual harassment, voyeurism and stalking are crimes with serious repercussions however, the bailable nature of these offences, often leads to the accused obtaining bail without serious judicial scrutiny regarding the risk that the accused may pose to the complainants and the likelihood of the accused attempting to intimidate complainants and witnesses or commit further offences against them courts are not expected to grant bail to accused persons who may vitiate the right of the complainant to seek justice therefore, it is inconsistent with the jurisprudence of the supreme court and the underlying logic of the dichotomy between bailable and non-bailable offences, for such offences to remain as bailable offencesthe fluid nature of the system of bail in these cases effectively also serves as a strong deterrent for women across the country to report these specific crimes in the first place, out of fear of the repercussions it would entail however, if these laws are suitably amended, it would encourage women from across the demographic, social and economic divide to rise up and speak out against these crimes with fortitudethe bill is therefore a progressive step forward to ensuring that women in our country can lead dignified and empowered lives, a fulfilment of their constitutionally guaranteed right to life and personal libertytherefore, this billnew delhi;shashi tharoornovember 27, 2017 annexure extract from the indian penal code, 1860 (no 45 of 1860) 354d (1) any man who—(i) follows a woman and contacts, or attempts to contact such woman to fosterpersonal interaction repeatedly despite a clear indication of disinterest by such woman; or(ii) monitors the use by a woman of the internet, email or any other form ofelectronic communication; or(iii) watches or spies on a woman in any manner, that results in a fear of violenceor serious alarm or distress in the mind of such woman, or interferes with the mental peace of the woman, commits the offence of stalking:provided that such conduct shall not amount to stalking if the man who pursued it proves that—(i) it was pursued for the purpose of preventing or detecting crime and the manaccused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or(ii) it was pursued under any law or to comply with any condition or requirementimposed by any person under any law; or(iii) in the particular circumstances such conduct was reasonable and justified(2) whoever commits the offence of stalking shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine' extract from the code of criminal procedure, 1973 [2 of 1974] chapter xvi-offences affecting the human body| 1 | 2 | 3 | 4 | 5 | 6 ||--------------------------|-----------------------|---------------------|----------------|----------------|----------------|| "354a | sexual | imprisonment which | cognizable | bailable | any magistrate || harassment of | may extend to 3 | | | | || the nature of | years or with fine or | | | | || unwelcome | with both | | | | || physical | | | | | || contact and | | | | | || advances or a | | | | | || demand or | | | | | || request for | | | | | || sexual | | | | | || favours, | | | | | || showing | | | | | || pornography | | | | | || sexual | imprisonment which | cognizable | bailable | any magistrate | || harassment of | may extend to 1 | | | | || the nature of | year or with fine or | | | | || making | with both | | | | || sexually | | | | | || coloured | | | | | || remark | | | | | || 354c | voyeurism | imprisonment of not | cognizable | bailable | any magistrate || less than 1 year but | | | | | || which may extend to | | | | | || 3 years and with fine | | | | | || for first conviction | | | | | || imprisonment of not | cognizable | non-bailable | any magistrate | | || less than 3 years but | | | | | || which may extend to | | | | | || 7 years and with fine | | | | | || for second or subsequent | | | | | || conviction | | | | | || 354d | stalking | imprisonment up to | cognizable | bailable | any magistrate || 3 years and with fine | | | | | || for first conviction | | | | | || imprisonment up to | cognizable | non-bailable | any magistrate | | || 5 years and with fine | | | | | || for second or | | | | | || subsequent | | | | | || conviction | | | | | |———— a billfurther to amend the indian penal code, 1860 and the code of criminal procedure code, 1973————(dr shashi tharoor, mp)gmgipmrnd—2660ls(s3)—18-12-2017

Parliament_bills

f592d86e-0335-5c38-9144-212ab1d730f6

bill no xlix of 2019 the right of persons with disabilities (amendment) bill, 2019 a billfurther to amend the right of persons with disabilities act, 2016be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the right of persons with disabilities (amendment) act2019short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in the right of persons with disabilities act, 2016 (hereinafter referred to as the principal act), for section 74 the following section shall be substituted, namely,—establishment of national commission for persons with disabilities(1) the central government shall constitute a body to be known as the national commission for persons with disabilities, to exercise the powers conferred on, and to perform the functions assigned to, under the act(2) the commission shall consist of the following members nominated by the central government,—(a) a chairperson, who is or has been a judge of the supreme court or high court and is a person with benchmark disability;5(b) two commissioners, who have special knowledge and expertise in matters relating to rehabilitation as members; and(c) a member-secretary, who is or has been an officer not below the rank of joint secretary or additional secretary to the government of india;10(3) the chairperson or the shall be assisted by an advisory committee comprising of not more than eleven members drawn from the experts from different disabilities in such a manner as may be prescribed by the central government(4) the chairperson and the members shall hold office as such for a term of three years from the date of assumption of officeprovided that no chairperson or member shall hold office for more than two terms;15(5) the salary and allowances payable to and other terms and conditions of the service including pension, gratuity, and other retirement benefits of the chairperson and members shall be such as may be prescribed by the central government3 in the principal act, for section 79, the following section shall be substituted namely:20(1) the state government shall constitute a body to be known as the state commission for persons with disabilities to exercise the powers conferred on, and to perform the function assigned to, under the actestablishment of state commission for persons with disabilities(2) the commission shall consist of the following persons nominated by the state government:—25(a) a chairperson who is or has been a judge of the supreme court or high court and is a person with benchmark disability;(b) two commissioners, who have special knowledge and expertise in matters relating to rehabilitation as members, and(c) an officer not below the rank of the secretary to the state government as the member secretary30(3) the chairperson or the chief commissioner shall be assisted by an advisory committee comprising of not more than five members drawn from the experts from different disabilities in such a manner as may be prescribed by the state government35(4) the chairperson or the chief commissioner and the members shall hold office as such for a term of three years from the date of assumption of office and shall be eligible for re-appointment:provided that no chairperson or chief commissioner or a member shall hold office for more than two terms40(5) the salary and allowances payable to and other terms and conditions of the service including pension, gratuity, and other retirement benefits of the chairman or the chief commissioner and members shall be such as may be prescribed by the state government statement of objects and reasonsin india, as per census 2011, out of the 121 crore population, about 268 crore persons, which is 221 percent of the total population, are recognized as "persons with disabilities in the rights of persons with disabilities act, 2016, many special provisions have been made to promote the rights of persons with disabilities, under which the chief commissioner or the state chief commissioner plays a crucial role in implementing these provisions for ensuring effective implementation of the provisions under this act, a strong institutional mechanism is required this bill seeks to amend the provisions under sections 74 and 79 of the act to establish the national commission for persons with disabilities and the state commission for persons with disabilities respectively the bill aims to facilitate in meeting our international obligation to the united nation's convention on the rights of persons with disability and its national obligation to all the fellow citizenshence, this billkumari selja financial memorandumclauses 2 and 3 of the bill inter alia provide for salary and allowances payable to the commissioners and members of the national commission for persons with disabilities and the state commission for persons with disabilities respectively the bill, if enacted, will involve expenditure from the consolidated fund of india however it is not possible, at present, to quantify the funds that may be involved at this stagethe expenditure for state commission for persons with disabilities would be borne by the state govt annexure extracts from the right of persons with disability act, 2016 chapter xii chief commissioner and state commissioner for persons with disabilities74 (1) the central government may, by notification, appoint a chief commissioner for persons with disabilities (hereinafter referred to as the ''chief commissioner'' for the purposes of this actappointment of chief commissioner and commissioners(2) the central government may, by notification appoint two commissioners to assist chief commissioner, of which one commissioner shall be a persons with disability(3) a person shall not be qualified for appointment as the chief commissioner unless he has special knowledge or practical experience in respect matters relating to rehabilitation(4) the salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the chief commissioner and commissioners shall be such as may be prescribed by the central government(5) the central government shall determine the nature and categories of officers and other employees required to assist the chief commissioner in the discharge of his functions and provide the chief commissioner with such officers and other employees as it thinks fit(6) the officers and employees provided to the chief commissioner shall discharge their functions under the general superintendence and control of the chief commissioner(7) the salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the central government(8) the chief commissioner shall be assisted by an advisory committee comprising of not more than eleven members drawn from the experts from different disabilities in such manner as may be prescribed by the central government 79 (1) the state government may, by notification, appoint a state commissioner for persons with disabilities (hereinafter referred to as the "state commissioner") for the purposes of this actappointment of state commissioner in states(2) a person shall not be qualified for appointment as the state commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation(3) the salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the state commissioner shall be such as may be prescribed by the state government(4) the state government shall determine the nature and categories of officers and other employees required to assist the state commissioner in the discharge of his functions and provide the state commissioner with such officers and other employees as it thinks fit(5) the officers and employees provided to the state commissioner shall discharge his functions under the general superintendence and control of the state commissioner(6) the salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the state government(7) the state commissioner shall be assisted by an advisory committee comprising of not more than five members drawn from the experts in the disability sector in such manner as may be prescribed by the state government ———— a billfurther to amend the right of persons with disabilities act, 2016————(kumari selja, mp)mgipmrnd—4331rs(s3)—11-12-2019

Parliament_bills

68d692b2-2ad0-5b36-af4c-527fdf3dc769

bill no 229 of 2015 the high court and the supreme court judges (salaries and conditions of service) amendment bill, 2015 a billfurther to amend the high court judges (salaries and conditions of service) act, 1954and the supreme court judges (salaries and conditions of service) act, 1958 be it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminary chapter ii amendment of the high court judges (salaries and conditions of service) act, 195428 of 1954amendment of section 252 in the high court judges (salaries and conditions of service) act, 1954 (hereinafterreferred to as the high court judges act), in section 2,—(a) in sub-section (1),—(i) in clause (b), the words, brackets and figures "under sub-section (2) of section 222 of the government of india act, 1935 or" shall be omitted;| ( | ii | ) in clause ( | d | ), the words, brackets and figures "under sub-section ( ||------------------------------------------------------------------------|------|-----------------|-----|-----------------------------------------------------------|| section 222 of the government of india act, 1935 or" shall be omitted; | | | | || 10 | | | | || ( | iii | ) clause ( | e | ) shall be omitted |(b) in sub-section (2), for the words "previous service for any period or periods as acting judge or additional judge or as a judge of a former indian high court", the words "service for any period or periods as acting judge or additional judge" shall be substituted15(c) sub-sections (3) and (4) shall be omittedamendment of section 33 in the high court judges act, in section 3, after sub-section (2), the following subsection shall be inserted, namely:—20"(3) for the purposes of this chapter, casual leave may be admissible to a judge in a calendar year, for such number of days and subject to such conditions as may be prescribed"amendment of section 4a4 in the high court judges act, in section 4a, for the words "in respect of the periodof earned leave at his credit", the words "in respect of the period of leave at his credit, calculated on full allowances basis," shall be substituted255 in the high court judges act, for section 9, the following section shall be substituted, namely:—substitution of new section for section 9leave allowances"9 the monthly rate of leave salary payable to a judge shall be in accordance with the provisions of sub-section (1) of section 3"| 6 | in the high court judges act, section 10 shall be omitted ||----------------|---------------------------------------------------------------|| omission of | || section 10 | || 7 | in the high court judges act, in section 14, in the proviso,— || 30 | || amendment | || of section 14 | || ( | i |"(b) he has attained the age of sixty-two years; or";35(ii) for the explanation, the following shall be substituted, namely:—'explanation—in this section "judge" means a judge who has not held any other pensionable post under the union or a state and includes a judge who having held any other pensionable post under the union or a state has elected to receive the pension payable under part i of the first schedule'8 in the high court judges act, after section 14, the following section shall be inserted, namely:—insertion of new section 14a40benefit of added years of services amendment of section 1545"14a subject to the provisions of this act, a period of ten years shall be added and shall be deemed to have been added from the 1st day of april, 2004 for the purposes of pension, to the service of a judge who is appointed as such judge under sub-clause (b) of clause (2) of article 217 of the constitution" 9 in the high court judges act, in section 15,—(a) in sub-section (1),—(i) clause (a) shall be omitted;| ( | ii | ) in clause ( | b | ), the words "is not a member of the indian civil service ||---------------------------------|------------------------------------------------------------------------------------|----------------------------------------------------------------------------|-----|-------------------------------------------------------------|| but" shall be omitted; | | | | || ( | iii | ) in the proviso for the words and figures"as the case may be part ii or" | | || shall be omitted | | | | || 5 | | | | || ( | b | ) in sub-section ( | 2 | ), the words and figures "part ii or, as the case may || be" shall be omitted | | | | || amendment | | | | || of section 16 | | | | || 10 | in the high court judges act, in section 16, in the proviso, the words and figures | | | || "part ii or" shall be omitted | | | | || 11 | in the high court judges act, in section 17a,— | | | || 10 | | | | || amendment | | | | || of section | | | | || 17a | | | | || ( | a | ) in sub-section ( | 1 | ), in the || "part ii or " shall be omitted; | | | | || ( | b | ) in sub-section ( | 2 | ), the words and figures "part ii or " shall be omitted || 12 | in the high court judges act, section 18 shall be omitted | | | || omission of | | | | || section 18 | | | | || 13 | in the high court judges act, in section 20, in the first proviso,— | | | || amendment | | | | || of section 20 | | | | || 15 | | | | || ( | i | ) the words "is a member of the indian civil service or" shall be omitted; | | || ( | ii | ) the second proviso shall be omitted | | || 14 | in the high court judges act, section 23b shall be omitted | | | || omission of | | | | || section 23b | | | | || amendment | | | | || of section 24 | | | | |15 in the high court judges act, in section 24, in sub-section (2), after clause (a), the following clause shall be inserted, namely:—20"(aa) the number of casual leaves and the conditions subject to which it may beallowed under sub-section (3) of section 3"| 16 ||-------------|| omission of || section 25 |17 in the high court judges act, in the first schedule,—(a) in part i,—amendment to first schedule25(i) for paragraph 1, the following paragraph shall be substituted, namely:—30 35amendment of section 241 of 195840amendment of section 3"1 the provisions of this part apply to a judge who has not held any other pensionable post under the union or a state or a judge who having held any other pensionable post under the union or a state has elected to receive the pension payable under this part"; (ii) in paragraph 2, for the words "and who has completed not less than seven years of service" shall be omitted;(iii) paragraphs 8 and 9 shall be omitted(b) part ii shall be omittedchapter iiiamendment of the supreme court judges (salaries andconditions of service) act, 195818 in the supreme court judges (salaries and conditions of service) act, 1958(hereinafter referred to as the supreme court judges act), in section 2, in clause (g), for the words "either in the federal court or in supreme court or in any such court ''the words'' in the supreme court" shall be substituted19 in the supreme court judges act, in section 3, after sub-section (2), the following sub-section shall be inserted, namely:—"(3) for the purposes of this chapter, casual leave may be admissible to a judge in a calendar year, for such number of days and subject to such conditions as may be prescribed"amendment of section 4a20 in the supreme court judges act, in section 4a, for the words "in respect of the period of earned leave at his credit", the words "in respect of the period of leave at his credit, calculated on full allowances basis," shall be substituted521 in the supreme court judges act, for section 9, the following section shall be substituted, namely:—substitution of new section for section 9leave allowances"9 the monthly rate of leave salary payable to a judge shall be in accordance with the provisions of sub-section (1) of section 3"amendment of section 1322 in the supreme court judges act, in section 13, for the explanation, the following explanation shall be substituted, namely:—10'explanation—in this section, "judge" means a judge who has not held any other pensionable post under the union or a state and includes a person who was in service as a judge on the 20th may, 1954, and also includes a judge having held any other pensionable post under the union or a state, who has elected to receive the pension payable under part i of the schedule'1523 in the supreme court judges act, in section 14,—amendment of section 14(a) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) every judge who has held any other pensionable post under the union or a state shall, on his retirement, be paid a pension in accordance with the provisions of part iii of the schedule:20provided that every such judge shall elect to receive the pension payable to him either under part i of the schedule, or as the case may be, part iii of the schedule, and the pension payable to him shall be calculated accordingly" (b) in sub-section (2), the words and figures "part ii or, as the case may be,"shall be omitted2524 in the supreme court judges act, in section 16a, in the explanation, in clause (ii), the words and figures "part ii or" shall be omittedamendment of section 16a25 in the supreme court judges act, section 18 shall be omittedomission of section 18amendment of section 2026 in the supreme court judges act, in section 20, in the proviso, the words "is a member of the indian civil service or" shall be omitted30amendment of section 2427 in the supreme court judges act, in section 24, in sub-section (2), after clause (a), the following clause shall be inserted, namely:—"(aa) the number of casual leaves and the conditions subject to which it may be allowed under sub-section (3) of section 3" 28 in the supreme court judges act, in the schedule,—amendment of schedule35(a) in part i, for paragraph 1, the following paragraph shall be substituted, namely:—40"1 the provisions of this part apply to a judge who has not held any other pensionable post under the union or a state and also apply to a person who was in service as a judge on the 20th may, 1954, and to a judge who, having held any other pensionable posts under the union or a state, has elected to receive the pension payable under this part"; (b) part ii shall be omitted statement of objects and reasonsthe bill seeks to amend the high court judges (salaries and conditions of service)act, 1954 and the supreme court judges (salaries and conditions of service) act, 1958 with the passage of time, certain provisions in the aforesaid acts have become spent and outdated a review has been undertaken and it has been decided to remove the same for clarity and provide for the added years of service in view of the judgement given by the supreme court some of the provisions relating to determination of leave allowances of judges in both the acts needed to be simplified2 in this regard, it may be mentioned that in a writ petition (civil) no 521/2002 filed in the hon'ble supreme court, prayer was made for addition of ten years practice as an advocate to the service as a judge of high court for the purpose of computing pension admissible under part i of the first schedule to the act, 1954 on the analogy of added years of service ie ten years practice at bar, provided to supreme court judges as per provision under section 13a of the supreme court judges (salaries and conditions of service) act,1958, a judge of supreme court, appointed under article 124(3)(b) of the constitution, is entitled to additionof ten years practice at the bar to their actual qualifying service for pension the hon'ble supreme court had, inter-alia, allowed the prayer vide judgement dated the 31st march, 2014 directing that "for pensionary benefit, ten years practice as an advocate be added as qualifying service for judges elevated from the bar with effect from the 1st april, 2004, the date on which section 13a was inserted by the high court and supreme court judges (salaries and conditions of service) amendment act, 2005 (46 of2005)"3 this bill seeks to achieve the above objectivesnew delhi;dv sadananda gowdathe 6th august, 2015 financial memorandumclause 8 of the bill seeks to insert a new section 14a in the high court judges (salaries and conditions of service) act, 1954 to provide with retrospective effect from 1st april, 2004 for addition of a period of ten years for the purposes of pension to the service of a judge who is appointed under article 217(2)(b) of the constitutionthe additional expenditure in respect of the judges of high courts is to be borne by the concerned state governments under article 290 of the constitution of india the bill, if enacted and brought into operation, will involve an additional recurring expenditure from the consolidated fund of india on account of revision of pension the non-recurring expenditure on account of payment of arrears of pension retrospectively would be about rupees six to seven crores and an expenditure of recurring nature to the tune of rupees seventy five lakhs per annumthe bill does not involve any other expenditure of either recurring or non-recurring nature annexure extracts from the high court judges (salaries and conditions of service) act, 1954 (28 of 1954) 2 (1) in this act, unless the context otherwise requires,—definitions(b) "acting judge" means a person appointed to act as a judge under sub-section (2) of section 222 of the government of india act, 1935 or under clause (2)of article 224 of the constitution; (d) "additional judge" means a person appointed as an additional judge under sub-section (3) of section 222 of the government of india act, 1935 or under clause (1) of article 224 of the constitution;(e) "former indian high court" means the high court at rangoon, the high court at lahore, the chief court of sind or the judicial commissioner's court of north- west frontier province (2) in the calculation of service for the purposes of this act, previous service for any period or period as acting judge or additional judge or as a judge of a former indian high court shall be reckoned as service as a judge but, save as otherwise expressly provided, previous service as an acting chief justice shall not be reckoned as service as chief justice(3) any period of leave taken by a judge before the commencement of this act under the rules then applicable to him as an acting judge, additional judge or a judge shall, for the purposes of this act, be treated as if it were leave taken by him under this actleave encashment(4) any period of leave taken by a judge while serving as a judge of a former indian high court before his appointment to a high court shall for the purposes of this act be treated as if it were leave taken by him under this act 4a a judge shall be entitled in his entire service, including the period of service rendered in a pensionable post under the union or state or on re-employment, if any, to claim the cash equivalent of leave salary on his retirement in respect of the period of earned leave at his credit, to the extent of the maximum period prescribed for encashment of such leave under the all-india service (leave) rules, 1955 leave allowances9 (1) the monthly rate of leave allowance payable to a judge while on leave on full allowances shall be for the first forty-five days of such leave a rate equal to the monthly rate of his salary, and thereafter, in the case of the chief justice, fifty-five per cent of the monthly rate of his salary and in the case of each of the other judges, sixty per cent of the monthly rate of his salary:provided that where leave on full allowances is granted to a judge on medical certificate, the monthly rate of leave allowances shall, for the first one hundred and twenty days of such leave, be a rate equal to the monthly rate of his salary 14 subject to the provisions of this act, every judge shall, on his retirement, be paid a pension in accordance with the scale and provisions in part i of the first schedule:pension payable to judgesprovided that no such pension shall be payable to a judge unless— (b) he has attained the age of sixty-two years; or (c) his retirement is medically certified to be necessitated by ill-health;provided further that if a judge at the time of his appointment is in receipt of a pension(other than a disability or wound pension) in respect of any previous service in the union or a state, the pension payable under this act shall be in lieu of, and not in addition to, that pension''explanation—in this section, "judge" means a judge who is not a member of the indian civil service or has not held any other pensionable post under the union or a state and includes a judge who being a member of the indian civil service or having held any other pensionable post under the union or a state has elected to receive the pension payable under part i of the first schedule15 (1) every judge,—(a) who is a member of the indian civil service shall, on his retirement, be paid a pension in accordance with the scale and provisions in part ii of the first schedule;special provision for pension in respect of judges who are members of service(b) who is not a member of the indian civil service but has held any other pensionable post under the union or a state, shall, on his retirement, be paid a pension in accordance with the scale and provisions in part iii of the first schedule:provided that every such judge shall elect to receive the pension payable to him either under part i of the first schedule or, as the case may be, part ii or part iii of the first schedule, and the pension payable to him shall be calculated accordingly35 of 1976(2) nothwithstanding anything contained in sub-section (1), any judge to whom that sub-section applies and who is in service on or after the 1st day of october, 1974, may, if he has elected under the proviso to that sub-section to receive the pension payable to him under part ii or, as the case may be, part iii of the first schedule before the date on which the high court judges (conditions of service) amendment act, 1976, receives the assent of the president, cancel such election and elect afresh to receive the pension payable to him under part i of the the first schedule and any such judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said part i if the provisions of that part are more favourable in his case16 the president of india may for special reasons direct that any period not exceeding three months shall be added to the service for pension of a judge:power of president to add to the service for pensionprovided that the period so added shall be disregarded in calculating any additional pension under part i or part ii or part iii of the first scheduleextraordinary pensions54 of 198617a (1) where a judge who, being in service on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of fifty per cent of his salary on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the judge for a period of seven years or for a period up to the date on which the judge would have attained the age of sixty-five years, had he survived, whichever is earlier, and thereafter at the rate of thirty per cent of his salaryexplanation—for the purposes of determining the person or persons entitled to family pension under this sub-section,—(i) in relation to a judge who elects or is eligible to receive pension under part iof the first schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the central civil services, group 'a', shall apply;(ii) in relation to a judge who elects to receive pension under part ii or part iii of the first schedule, the ordinary rules of his service if he had not been appointed a judge with respect to the person or persons entitled to family pension shall apply and his service as a judge being treated as service therein(2) where any judge, who has elected to receive the pension payable to him under part ii or part iii of the first schedule retires, or dies in circumstances to which section 17 does not apply, gratuity, if any, shall be payable to the person or persons entitled thereto under the ordinary rules of his service if he had not been appointed a judge, his service as a judge being treated as service therein for the purpose of calculating that gratuity 18 pensions expressed in sterling only shall, if paid in india, be converted into rupees at such rate of exchange as the central government may, from time to time, specify in this behalf:conversion of sterling pension into rupees provident fund20 every judge shall be entitlted to subscribe to the general provident fund (central services):provided that a judge who is a member of the indian civil service or has held any other pensionable civil post under the union or a state shall continue to subscribe to the provident fund to which he was subscribing before his appointment as a judge:provided further that a judge who was appointed before the commencement of this act may continue to subscribe to the provident fund to which he was subscribing immediately before such commencement special provisions in respect of continuing judges23b (1) in the calculation of the service for pension of a continuing judge for the purposes of this act, his previous service for pension as a chief justice or as a judge of a former high court in a part b state, under the provisions of the high court judges (part b states) order, 1953, or any other order or rule then applicable to him, shall be reckoned as service for pension as a chief justice or, as the case may be, as a judge under this act(2) in the calculation of the amount of leave at the credit of a continuing judge for the purposes of this act, the amount of leave due to him immediately before the 1st day of november, 1956, under the provisions of the high court judges (part b states) order, 1953, or any other order or rule then applicable to him, shall be added to the amount of leave at his credit under this act(3) in this section, "continuing judge" means a judge of a former high court in a part b state who on the first day of november, 1956, or on any date subsequent thereto has become or been appointed as a judge of a high court for a state savings25 (1) nothing contained in this act shall have effect so as give to a judge who is serving as such at the commencement of this act less favourable terms in respect of his allowances or his rights in respect of leave of absence (including leave allowances) or pension than that to which he would be entitled if this act had not been passed46 of 1958(2) nothing contained in this act, as amended by the high court judges (conditionsof service) amendment act, 1958, shall have effect so as to give to a chief justice or a judgeof a former high court in a part b state less favourable terms in respect of his allownaces) or his rights in respect of leave of absence (including the leave allowances) or pension than those to which he would be entitled under the high court judges (part b states) order, 1953, or any other order or rule then applicable to him, if he had continued as a judge of that high court, his service as a judge on or after the ist day of november, 1956, being treated as service in that high court the first schedule (see sections 14 and 15) pensions of judges part 11 the provisions of this part apply to a judge who is not a member of the indian civil service or has not held any other pensionable post under the union or a state or a state and also apply to a judge who, being a member of the indian civil service or having held any other pensionable post under the union or a state, has elected to receive the pension payable under this part2 subject to the other provisions of this part, the pension payable to a judge to whom this part applies and who has completed not less than seven years of service for pension shall be,—(a) for service as chief justice in any high court, per annum for each completed year of service;(b) for service as any other judge in any high court, rs 34350::provided that the pension under this paragraph shall in no case exceed rs 48,000 per annum in the case of any other judge 8 notwithstanding anything contained in the foregoing provisions of this part, the pension payable to a judge who has completed fourteen years of service for pension, including not less than six years of service as chief justice of one or more of the high courts, shall be rs 20,000 per annum9 where a judge to whom this part applies retires or has retired at any time after the26th january, 1950 without being eligible for a pension under any other provision of this part, then, notwithstanding anything contained in the foregoing provisions, a pension of rs 6,000 per annum shall be payable to such a judge:provided that nothing in this paragraph shall apply— (a) to an additional judge or acting judge; or part ii1 the provisions of this part apply to a judge who is a member of the indian civil service and who has not elected to receive the pension payable under part i2 the pension payable to such a judge shall be— (a) the pension to which he is entitled under the ordinary rules of the indian civil service if he had not been appointed a judge, his service as a judge being treated as service therein for the purpose of calculating that pension; and(b) the additional pension, if any, to which he is entitled under paragraph 3: provided that the pension under clause (a) and the additional pension under clause (b)together shall in no case exceed per annum in the case ofa chief justice and per annum in the case of any other judge3 if such a judge has completed not less than seven years of service for pension in a high court, he shall be entitled to an additional pension in accordance with the following scale:—for seven completed years of service for pension 34,696; for eight completed years of service for pension 41,642; for nine completed years of service for pension 48,559; for ten completed years of service for pension 55,508; for eleven completed years of service for pension 62,462; for tweleve or more completed years of service for pension 64,402 extracts from the supreme court judges (salaries and conditions of service) act, 1958(41 of 1958) definitions2 in this act, unless the context otherwise requires,— (g) "service as a judge in india" means service rendered either in the federal court or in the supreme court or in any such court and in one or more of the high courts, and "judge in india" and "service for pension as a judge in india" shall be construed accordingly; leave encashment4a a judge shall be entitled in his entire service including the period of service rendered in a pensionable post under the union or a state or on re-employment, if any, to claim the cash equivalent of leave salary on his retirement in respect of the period of earned leave at his credit, to the extent of the maximum period prescribed for encashment of such leave under the all india service (leave) rules, 1955 leave allowances9 (1) the monthly rate of leave allowances payable to a judge while on leave on full allowances shall be for the first forty-five days of such leave a rate equal to the monthly rate of the salary and thereafter, in the case of the chief justice fifty per cent of the monthly rate of his salary and in the case of each of the other judges, fifty-five per cent of the monthly rate of his salary:provided that where leave on full allowances is granted to a judge on medical certificate, the monthly rate of leave allowances shall, for the first one hundred and twenty days of such leave, be a rate equal to the monthly rate of his salary(2) the monthly rate of leave allowances payable to a judge while on leave on half allowances shall be in the case of the chief justice, twenty-five per cent of the monthly rate of his salary, and in the case of each of the other judges, twenty-seven and a half per cent of the monthly rate of his salary:provided that the monthly rate of leave allowances payable to a judge in respect of leave credited to his leave account under sub-section (2) (a) (iii) of section 4 shall not exceed the rate of leave allowances admissible to him therefor as a judge of a high court and shall be payable by the state government concerned pension payable to judges13 subject to the provisions of this act, a pension shall be payable in accordance with the provisions of part i of the schedule to a judge of the supreme court on his retirement if, but only if,—(a) he has attained the age of sixty-five years; or (b) his retirement is medically certified to be necessitated by healthexplanation—in this section, "judge" means a judge who is not a member of the indian civil service or has not held any other pension post under the union or a state and includes a person who was in service as a judge on the 20th may, 1954, and also includes a judge who being a member of the indian civil service or having held any other pensionable post under the union or a state has elected to receive the pension payable under part i of the schedule 14 (1) every judge—(a) who is a member of the indian civil service shall, on his retirement, be paid a pension in accordance with the provisions of part ii of the schedule;special provisions for pension in respect of judges who are members of service(b) who is not a member of the indian civil service but held any other pensionable post under the union or a state shall, on his retirement, be paid a pension in accordance with the provisions of part iii of the schedule; family pension and gratuity16a (1) the rules, notifications and orders for the time being in force with respect to the grant of family pension in relation to an officer of the central civil services, class i, shall apply to the grant of family pension in relation to a judge who, being in service on or after the ist day of october, 1974, dies, whether before or after retirement in circumstances to which section 16 does not apply(2) the rules, notifications and orders for the time being in force with respect to the grant of death-cum-retirement gratuity benefit to or in relation to an officer of the central civil services, class i (including the provisions relating to deductions from pension for the purpose) shall apply to or in relation to the grant of death-cum-retirement gratuity benefit to or in relation to a judge who, being in service on or after the ist day of october, 1974, retires, or dies in circumstances to which section 16 does not apply, subject to the modifications that—(i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be two years and six months;(ii) the amount of gratuity shall be calculated on the basis of ten days salary for each completed six months period of service as a judge; explanation— the expression "judge" has the same meaning in section 13 18 pensions expressed in sterling only shall, if paid in india, be converted into rupees at such rate of exchange as the central government may, from time to time, specify in this behalfconversion of sterling pension into rupees provident fund20 every judge shall be entitled to subscribe to the central provident fund (central services):provided that a judge who is a member of the indian civil service or has held any other pensionable civil post under the union or a state shall continue to subscribe to the provident fund to which he was subscribing before his appointment as a judge:provided further that a judge who was appointed before the commencement of this act may continue to subscribe to the provident fund to which he was subscribing immediately before such commencement the schedule(see sections 13 and 14)pensions of judges part i1 the provisions of this part apply to a judge who is not a member of the indian civil service or has not held any other pensionable post under the union or a state and also apply to a person who was in service as a judge on the 20th may, 1954, and to a judge who being a member of the indian civil service or having held any other pensionable post under the union or a state, has elected to receive the pension payable under this part part ii1 the provisions of this part apply to a judge who is a member of the indian civil service and who has not elected to receive the pension payable under part i2 the pension payable to such a judge shall be—(a) the pension to which he is entitled under the ordinary rules of the indian civil service if he had not been appointed a judge, his service as a judge in india being treated as service therein, and(b) an additional pension of per annum for each completed year of service for pension in the supreme court————————— a billfurther to amend the high court judges (salaries and conditions of service) act, 1954and the supreme court judges (salaries and conditions of service) act, 1958————

Parliament_bills

b5fee9a5-d21e-5466-9474-53be1f66d521

statement of objects and reasons a policy statement on small scale industries was made by the government in parliament it wasstated at that time that suitable legislation would be brought to ensure prompt payment of money by buyers to the small industrial units, 2, inadequate working capital in a small scale or an ancillary industrial undertaking causes serious and endemic problems affecting the health of such undertaking industries in this sector have also been demanding that adequate measures be taken in this regard the small scale industries board, which is an apex advisory body on policies rela- ting to small scale industrial units with representatives from all the states, governmental bodies and the industrial sector, also expressed this ' view it was, therefore, felt that prompt payments of money by buyers should be statutorily ensured and mandatory provisions for payment of interest on the outstanding money, in case of default, should be made the buyers, if required under law to pay interest, would refrain from withholding payments to small scale and ancillary industrial undertakings 3 an ordinance, namely, the interest on delayed payments to small seale and ancillary industrial undertakings ordinance, 1992, was, eases tate promulgated by the president on the 23rd september, 1992 - 4, the bill seeks to muplace the said ordinance and to achieve the aferesail objects aoe ; new dei; p j kurien : the 20th november, 1992

Parliament_bills

d70ee45a-43c7-5bb5-ab89-647d8595661c

lc k 5lliha ccrri r;end~·'to the ml:~lp0lifs pj1d restr tct::: '·ie t?,,,d;: - p~cnces (!'~jeio-·enr) rill, 198c (lo p~!:'~_j-j1tr~!:l~c~2 __ ~ __ l()k_ s a~hcl) page 3, line 9 from bo ttom,-~!ter "increasing" jnsert-"import prices of crude oil dnd oil products and the fact that the proposed" new delhi; ~,jo vembe r 20, 1980· }(artika 29, 1902 {saka; bill no 192 of 1980 the monopolies and restrictive trade practices (amendment) bill, 19'80a bill further to amend the monop()lie~ and restrictive trade practices actj 1969 br-; ;~ enactc'd by p'lrliament i~l the thirty- first yt~ar of the uep-jblic of india as follows:--1 (1) this act may be called the monopolies and restrictive trade practices (amendment) act, 1980 5 (2) it shall be deemed to have come into force on the 13th day of october, 1980 sltort title and commence-mento 2 in section 2 of the monopolies and restrictive trade practices act, 54 of 1969 1969 (hereinafter referred to as the principal act) ,-amendment of section 2 (i) in clause (d), after explanation vi, the following explanation shall be inserted, namely:-10 "explanat-ion vii-where goods of any description produced in india by an undertaking have been exported to a country outside india, then the goods so exported shall not be taken into account in computing for the purposes of this clause-15 (i) the total good~ of that description that are produced in india by that undertaking: or (ii) the total goods of that descrfptfon that are produced, supplied or distributed in india or any substantial part thereofj"; '~\, '(ii) in clause (;), after explanation iv, the following explanation shall be inserted, namely:-"e;t:planation v-whcre goods of any description produced in india by an undertaking have been exported to a country outside india, then the goods so exported shall not be taken 5 into acco'unt in computing for the purposes of this clause-(i) the total goods of that description that are produced in india by that undertaking; or (ii) the total goods of that description that are produced, supplied or distributed in india or any substantial 10 part thereof;" 3 (1) the monopolies and restrictive trade practices (amendment) ordinance, 1980 is hereby repealed 14 of 1980 repeal and saving (2) notwithstanding such rep~al, anything done or any action taken under the principal act, as amended by the said ordinance, shan be 15 deemed to have been dene or taken under the principal act, as amended by this act one of the problems being faced by the industry in boosting production for export arises from the concept of 'dominance' and the approvals required by 'dominant' undertakings under the monopolies and restrictive trade practices act, 1969 any undertaking whi'ch produces onethird or more of any goods that are produced in india and bas assets of more than one crore of rupees is deemed to be 'dominant' in the said goods any scheme of expansion of production capacity by such an undertaking requfres the undertaking to seek clearance under the act and follow the procedure laid down for this purpose even where an undertaking exports a substantial volume of its production and even where the undertaking seeks to expand its production solely for purposes of export, it still requires clearance under the act for which the procedures laid down delay the implementation of the project 2 in actual fact, however, what has to be prevented is dominance or monopoly only in relation to goods made available within the country the original intent of the act was to reduce monopolistic and restrictive trade practfce9 within the country; and, to that extent, the portion of the production exported does not become relevant for the domestic consumer it is sienificant that for determining dominance in the matter of supplies, imports are added however, exports are not deducted, even though exported products do not affect supplies in the domestic market 3 with a view, therefore, to make explicit the original intent of ths act, it was decided to amend the act to provide that the goods produced by an undertaking and exported to a country outside india shall not be taken into account in computing the total goods of that description pro- duced in india by that undertaking, or the total goods of that description produced, supplied or distributed within the country, for the purpose of determining the dominance of that undertaking in relation to such goods having regard to the urgent need to step 'up our export earnings, to meet the balance of payments deficit likely to arise from increasing amendment would not alter the position in regard to the only matter of relevance, the monopolies and restrictive trade practices (amendment) ordinance, 1980 (14 of 198'\) was promulgated by the president on the 13th october, 1980, to give effect to the above object ,t the bill seeks to replace the aforesaid ordinance p shiv shanker new delhi; the 14th november, 1980 (54· of 19(9)- ~ - - - 2 in this act, unless the context otherwise requires,-definitions - - - - - (d) "dominant undertaking" means an undertaking which either by itseli or along with inter-connected undertakings,-(i) pro:hll es, supplies, dls tributes or otherwlse controls not less than one-third of the total goods of any description tbat are produced, supplied or distributed in india or any substantial part thereof, or (u) provides or otherwise controls not less than one-third of any services that al'e rendered in india or any subatantial part thereof: provided that for the purposes of this clause, the goods produced by an undertaking which does not employ-(a) more than fifty workers on any day of the relevant year, 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) more than one hundred workers on any day of the relevant year, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on, shall not be taken into account explanation i-where not less than one-third of the production, supply, distribution or control of any goods or the provision or control of any service is ::hared by inter-connected undertakings, each such undertaking shall be deemed, for the purposes of this act, to be a dominant undertaking explanation ii-where any goods of any description are the subject of different forms of production, supply, distribution or control, every reference in this act to such goods shall be construed as reference to any of those forms of production, supply, distribution or control, whether taken separately or together or in such groups as may be prescribed explanation lii-any undertaking which, either by itself or along with interconnected undertakings, produces, supplies, distributes or controls one-third of any goods or provides or controls one-third of any services acccrding to any of the following criteria, namely, value, cost, price, quantity or capacity, of the goods or services or the number of workers employed for the production, supply, distribution or contrnl of such goods or for the rendering of such services, shall be deemed to be a dominant undertaking explanation iv-in determining the question as to whether an undertaking is or is not a dominant undertaking, regard shall be had to-(i) the lowest production made, or services rendered, by the undertaking concerned cl'uring the relevant year, and (ii) the figures publi~hed by the central government with regard to the total production made or services rendered in india or any substantial part thereof during the relevant year explanation v-for the purposes of explanation iv, production indudes supply, distribution 0'" control of goods e:rplanation vi-for the purposes of this clause, "relevant year" means anyone year out of the three calendar years immediately preceding the preceding calen1ar year in which the question· whether an undertaking is or is not a dominant undertaking is determined (j) "monopolistic undertaking" means-(i) a dominant undertaking which, or (ii) an undertaking wl-oich, together with not more than two other independent undertakings,-(a) produces, supplies, distributes or otherwise controls not less than one-halt of the total goods of any description that are produced, supplied or distributed in india or any substantial part thereof, or (b) provides or otherwise controls not less than one-half of the services that arc rendered in india or any substantial part thereof: provided that for the purposes of this clause, the goods produced by an undertaking which does not employ-(a) more than fifty workers on any day of the relevant year, and in any part of which a manufacturing process ls being carried on with the aid of power or is ordinarily so carried on, or (b) more than one hundred workers on any day of the relevant year, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on, shall not be taken into account explanation i-any undertaking which, either by itself or along with not more than two other independent undertakings, produce, supplies, distributes or controls one-half of any goods or provides or controls one-half of any services according to anyone of the following criteria, namely, value, cost, price, quantity or capacity, of the goods or services or the number of workers employed for the production, su:?ply, distribution or control of such goods or for the rendering of such services, shail be deemed to be a monopolistic undertaking explanation n-in determining the question as to whether an undertaking is or is not a monopolistic undertaking, regard shall be had to-(i) the lowest production made, or services rendered by the undertaking concerned dur;ng the relevant year, and (ii) the figures published by the central government with regard to the total production made or services rendered in india or any substantial part thereof during the relevant year exf·lanation ill-for the purposes of explanation ii, production includes supply, distribution nr control of goods explanation iv-for the purposes of this clause, "relevant year" means anyone year out of the three calendar years immediately preceding the preceding calend:u year in which the question whether an undertaking is or is not a monopolistic undertaking is determined - - - - - -i a bill{urther to amend the monopolies at'd restrictive trade practices act, 1969 (shri shiv shankar, mini~ter of law, justice and company affairs)

Parliament_bills

190fec26-1b97-5327-a133-b646e652f26c

, !'he oons'jtl'u'l'ion (sixty-third amendment) bill, 1189 ~ ftwfiaet :eo amend the contit'utton ot r~ v& jt 'li"~ bj p,pi,eot ill ~ futb y~ qf republic 01 l~~t~~i f1) tilts act may be called the constitution (sixty-third amendment) act, 1989 s (8) it sball come into force on such date as the central government inu, by ~tlon in the ofticial gazette, appoint short title a:ld commencement % (1) in article 332 of the constitution, after clause (3a), the following clause shall be inserted, namely:-amendmentof article 332 "(3b) notwithstanding anything contained in clause (3), until 10 the taking effed, under article 170, of the re-adjustment, on the basis of the first census after the year 2000, of the number of seats in the legislative assembly of ,the state of tripura, the seats which shau be re;erved for the scheduled tribes in the legislative assembly shall be, such number of seats as bears to the total number of is seats a proportion not less than the number, as on :the date of coining into force of the constitution (sixty-third amendment) act, 1989, of members belonging to the scheduled tribes in the legislative assembly in existence on the said date bears to the total number of seats in that assembly" 20 (2) the amendment made to article 332 of the constitution by subsection (1) shall not affect any representation in the legislative assembly of the state of tripura until the dissolution of the legislative assembly existing at the commencement of this act statement of objects and reasonsfor restoring peace and harmony in areas of tripura where disturbea conditions prevailed, a memorandum of settlement was signed by the government of india with tripura national volunteers on 12-8-1988 the memorandum of settlement provides for a greater share of tribals in the governance of the state the m~morandum of settlement also envisages amendment of the constitution to provide that notwithstanding anything contained in ~he constitution, the number of seats in the legislative assembly of tripura reserved for scheduled tribes shall be such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the constitutional amendment, of members belonging to the scheduled tribes in the existing assembly bears to the total number of seats in the existing assembly it also provides that the amendments shall not affect any representation in the existing assembly of tripura until its dis- utigft " f:' ';:;' "wi'iio!_\""_:o'\oir~ ,/1,', ',l4"'· 2 in order to implement the said memorandum, action is to be taken to ,4etermine the,~ts which are, to bel'rved for ~hedwed ~~ in 'tripura reservation of seats for scheduled castes and scheduled tribes in the legislative assembly of any state is governed by the provisions of article 332 of the col'lirtitution having regard to the special circumatanoes obtaining in tripqra, it it pnpord to further amend article' 332 of the constitution, for maldn" a:, temporary provi-sion forthi cwieiminatlon of thei number 'ofeats ~, for scbec1uled tribes until the re-adjustment of seats on the basis ofthefttst 'ceds1b after the, year 2000 under article, 170 of the constitution for tripul" 3 the bill seeks to achieve the aforesaid objects new delhi; b'dta singh 'l"he 21st march, 1989 " l' a bill further to amend the constitution of india (shri buta singh, minister of home affairs)

Parliament_bills

116ac448-bdbd-5352-b6d9-5d431a759248

(c) "panchayat" ml!:tiis ;111 instltutiojl (by whalt'\'er name called) of ~;t'jf-:~o\'f'rnn}(,'llt for 1iw rural hlea:; at the village ]('\'('1 (ii <ii the in1crl1:t'di:lll' 1\ \'('1 (lr at tile district le','t'l; (ri) "p,lfll'llay:11 ;11,'a" tnl'eliis the krritorial art':1 (if a 1'an-,ij:t~':lt , " (f') "poi,:ilttioll" 111"111:; tilt, p"ljltiatl',li :1'; ;)::'f·rl jlit'i :11 the list prl':·pd i',:~ l'('llsli:-' uf which the j"('ic\' allt fi,l!\1 res ita "(" been jl\lhli~:h('d : (f: "\'i~l:l!'('" li:eans a "ilh!;\' spe(';fiecl h~' tlte (i()''ernor 1)\' l'li1,li(' "fllifi~'oililln to he :1 ''ill i:~\~ fllr the p';;: " i':, iii titis 10 -'j ·t ,ii, :!~:~;\ (1 \ there ~halj he co'1st!t1lie(1 jll l·\',)'\· st:l'l', p;i:'(':"i~':lts al lhr ,'ill'~" inl('iili(,(li:l:c' rind '1;~l!'i"1 1,·· ,+· in ~("nr·i,,':f'" with c'onstituli,'n of i'ancha_ ill> i):·,,':i,ill'~' (if t11i:, p:lrt ~ ;11, (~) n"tl\'ith:~:1thl'l:~ :h1\'(};'n,c!; in cla'i,f: (i), pallchn,·"l' :it fhe 15 int rnwdi:1le 1e':('] inn'\' nil! he t'(ln~tiltltl'd i~l ;1 state h:''ing a popula-(ion pfl~ t'x: c'l'l!"lc: l\\·('nt~· l:lkh~ ?·r~n f ~) ~llh;p('1 10 1~'11) ~):·n'·::il)r'" (lr '1!;~ p:, 0:(' 'i 0~i~~~~dr'" of ;: s~:!'e j~~t,\· l," 1,1·,· · pl~lke rn'c\'!~i i i ',:!f:'1 :' ~n('···· ~n til" c'1~rnr'n~j c'ompo~i_ lioll of p;llh:ha-1inn !if i'':'~'!~:l\'n~:;: 10 pl~ pr,),:i(~,'d 11, i' '1;" r:ltin ht,,:(,i'n fi~(> pi j'\1 1::t:on "f the tf'l'ril,rial :,re:, uf :1 p:lr:','h"'il( ;:,' :pl'' 1(>\'(>] :i!ld thr i!umber of ~nds 'n such p3nl~'n)';11 10 he fi]led b~' ('1:('1 ion :;hall 0;'1 f:ir :1s l1r,'ct::':1~,lc' he th:· s:1ln r' th!·(l\l~h'''1t t!'(' st;lt(' !c-f!' i lr'r::l! ('u: i 'o\·':''::':'1ric'c; i'l thr p:1'1:h:,':al "1'('<1 e1\1 r1 for this ru"po,e, (':ieh ]' nch·· '11 ;11',':' ~'hclll j,(' ,li\'idprj inl() 1,', :-:lori;ll crlwtjtt1p~1eic" ;r ,;, !~':'l'"'''' 1),'1! the r·jtj" h·:'h\'(~('!~ ill!' nnrul:'ti ,')f (:i~h ,"n :,' ", " , 'j',' ~"(' nllnl!h''' (,r 'c':i:': :lllntt·,cl i" it ",,:,]1 ,'''' l'r 'is ,~o prqc1!c:jhl,' be: ihe ~:llnc thrrll'ghollt 111(> panc'havat <jrea (3) the le~islature of a state may bv la\\' prj\'ide for the rc'prlse::\:1tio;i, ;!~ fw'h m~nncr anti snh;f'(': ~') ~uch c~'niili('ns ' m;'~' ix ~~1~~ifjcj in s~lch 1<1\\' (0) of the chairper!'ions 0f the panchayat!' at 1hc village 35 jc\'e! i'l the pa"rnavats at the interme'cliate it:vel or in the r:isp nf :1 stl·t~ n"+ hav~!":~ p~""::htvr1~ clt 11'u' ;;"·l"':;:e-"\·l~:p,,: ~~·'vc: i~ thc p'l!'ld'i:l\'at!'i ~t the rl;:;tr:rt lrv~l: e) of 1)1(' rhnipe!'~:(jns of ill!' p;;lw:i:1y:11!' at lilt' inler-11",1j:i'l' 1 '\'f~l ill 111 pan('h:l:;:l'~ ;:( the clislritf k, ('i: • 0 l('llli,,,:,,, "r t', i ('l~i:;blh'(' :'\~"" l:l,j\' ·,f ,'1" st:i!c' 1'·'1'1·i":'1l1i',:~ r'''~lslill:(:n('il''; ",,:,',11 cnniprisl' ,,'i,):!, ;'r 1"1:'11, :' p'in"l':i\'at ::1'1':1 ,tt :t 1,'\'f·1 ,,, il"r (i,al1 ~l; • \'ill:i:~1' "" (,1 il~ ~1i(·1, l':,'i:·l';"":lt (1) t11(> c1l:i;l'lll'n:'111 of n p:1i1(,113\:r! ;11:,1 nlher nll'mh','r, of :1 'i5 p:iw+:1\,11 ~11{)':"n i,·· direl'l (,l(,-'jnn from !rl'ri!nrhl "0!1~!itllf'l"'it"~ in tl'l~ p'!n ('h ,"i ":1\ ;i!'(':l sl"lll :,lnrw 11'j"" til ";~~~d i,'· '"i~" in :1,(, "w"~­jl1l;s or t h p':rlf'hawlt (5) the chairperson of-(0) ;1 panchayat 3t till' villag{~ level shall be chosen by election in surh manner as the l('gislaturc of the state mdy, by law, pro\'lde; and 5 (ii) a puill'hayat t! the intermediate or district level l'hall be elected by, and from amollgst the elected members thereof (6) where the chairperson of a panchayat has been elected hy, aljd from amongst the elpcted members of the panchayat no resolution by the panchayat for removing him from the office of the 10 ch3jrpe:"~01~ s)~~ll bc' \'3lid :md effective unless sllc'n resolution hn:; been pass('d by a majority of the total number of the elected member;; nf the panchayat and by a majllrity of not less than two-thinls of such memhers present and voting 15 reserva tion of seats 20 243c (1) seats shall be reserved for the scheduled castes and the scheduled tribes in e\'ery panchnyat and the numbcr of seats so rc;~erved shall bf'ar, as nearly as may be, the same proj'ortion to the total number of seats to be filled by direct c1ectirn in that p3nd:ayat as the population of the schduled castes in that panchayat arca or of the scheduled tribes in that panchayat area bears to the total population of that area: provided that where the poplllacon of the schcc1ul:u c:istes or, as the case may be the s::heduled tribes in a panchayat area is not ~uf[kient for reservation of any s~'at, one seat for the scheduled castes or, as the (':15e may be, aile seat for the sehedulcd tribes shall 25 ill' r~5er\'cd in that panehayat __ __ _ __ __ __ _ __ ,,_ , , """ oj ~,_ , ,'j'" " ,"" i)('ionging to the scheduled castes or, as the case ma~' be, the scheduled tribes: :10 provided that where only two seats arc resen"ed for the scheduled castes or, as the case may be, the scheduled tribes, one of the t\\'o seats shall be reserved for women belonging to the ::;cheduled castes or, as the case may be, the scheduled tribes (3) nothing in this part shall prevent the legislature of a state 35 from providing for the reservation of the office of chairpersons in the panchayats for the scheduled castes, the scheduled tribes and women (4) the rl'sen'ation of scats under clau-;c (l) and clause (2) and the reservation of office of chairpersons (other than the reseroil) vat ion for women) referred to in chlllse (:3) if am' shall have effer', till the expiration of 111e period sprrifird i, articlc 334 an(l the (5) as llf'arly :15 m~;~' }"' thjrty per ('cnt (including the n:lmllcr of scats reservl'd for women belo!1r(ill~ to tll;> sche'h!le!i 45 c;istfos and thf' schnl111ed tribes) of the totnl number of ';c3ts to he filled by direct election in cvery panc'hayat shall he rf's:'i'ven fnr women and allotted by rot:ltion to different constituencies in a pa:1l'haynt :,j:,ij, ~j) l\,('iy j';il}('h~'jdl lllli('ss :-oooller uissol\l,',j lilhhor ;:11y i)!j i : i(li\ j ' ju, till' liilj~' ill'111;,; ill i'll ,' ,; tll l,(,',ijllul,' lur 1'\",' ' ~' j ,; jl'ijll (11 i't,,_ ,hl\ ;'1' ii d", ' ;ijjjjujillej lui' it 1':1':,[ i:d' ig ;1:](, 110 iollg ,!" :1111 til(' 1",-i': ,1:1(111 ul die said penljl ljl llv,' )\:d;:; :oil,d l "pel :il': ," a d:"";vlul,,n ,;1 tl,;;i i 'atll'!layat (~) \v:lelv a ijallcjta)al ;s ji""lil\'cd iicl",'\: thl' c:';jiji'ldlull ljl its dllratj(,n an elediun to collslitute the panchayat shall be cumpleted ,i' !;cull :i:i l!l<iy ill', and in ally case before the c:\!-'lr,i,;oli 01 a period il ::x p'ultil); fr"m the date of sue:, di;'~i)lljloll, (:n a p:ll1ch:lyat constituted upon tile dissolution of a panchayat 10 ,-,dull' thl: l'xpil';jtion of its duration shall ~:ontinue only for the i'cmaind0r of tile periud for which the dis'io!\·co p,ml:hayatwould l;,,'c conti\1ue~l uilder clause (1) had it not been so dissolved and ' 1 such pl'riod b less than six months, it shall not be flecessary' to ilull any c:cctilln under clause (2) for constituting the panchayat, 15 - i','wers, ; i l i 1 f ~ ) i'j : \ ;,ild fc''''f1(ltlill 1 <if p ,_ 1';1,y!t\ 243e suhjci:t (0 th(" pl'o\'i,;ioils of this constitution, the le/!islat:lre of a state may, hy law, endow the pancilayats with such j;"wers and a:ithority ;1:; !na~' he ~ect'ssary to enable them to func-(i·11 lis inslitutions of self·goh'i"lllllcnt and ~;udl law may ('ontain ]lrll\'isiolls for tho dcvulut:j;} of po-~'ers alld 1't";ponsiijilitics upon ~o ;":il;hayats at nl(' appropriate icvel, subject to ~,uch cunditions as may he specified therein, with rcs:)ecl to---(a) thc pt<'paration of plans for ccollojllic :l('\'('lopn-,ent and social justicc: (i,) the implementation of sdlcmc!; for cconomic devclop- 25 , •• ";~,:;;:::j! ~~:~t:~~ 'l~ y'1:l:,>' h", ci,frll :f·rl '11 thcm including :a3f, the legisldure of a state ma~', by law-(a) authorise a pallchayat to l('v~', collect and appropriate ~udl taxes, duties, tolls and fces ill a,'o; dance with such pro- ,io cedurc and suh)ect to such limits; "ower 10 - imro<;{' taus by, ;llld flii,d, iif tilt' pallchayab (/j) assign to a panchayat such ta;,:es, dutico;, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits; (c) provide for making such grants-in-aid to the panchayab 35 from the consolidated fund of the state; and ' (d) provide for constitution of such funds for crediting all mojle~'s rc('ci\'ccl respedi\'cly, by or on behalf of the pan-('ha~'ats and also for tb(' withdrawal of such mlllll'~'s therefrom, as lllay he specifinf in the iii\\' o')j 'u~ (1) '1'11(' r, 'wl'rnnr of a stll ie shall as soon as may he within ~ ',' ii:': nt of i il1:itlcc c'lilllnis-~ion i) ,j ,,,,,'u '-- (4'j i"'!" - ••• - -:'\nwncillwtlt) act 19:)9, and thereaftt:'f ;it the ('xpiration of every fifth year con:;litlllc :l fin:mce commission to review the f1n:ltlrjal position of the pal1rhnyats and to make recommendations to the governor 8s 45 10,-re\'il~w financl:ll (,<)silinn, (a) the principles which should govern-(i) the determination of the taxes, duties tolls and fees which mn~· he assigned to, or appropriated by the panchafats; (ii) the distribution uctwt'cn the state and the pan-1':,:lyuts of the net tjroc\'ctis of the t;lxes, duties, tolls and ,,': \, ,j::, ;11,' tu ,;c, 'll iliu,y ijc, divided between them liw:l'j' 1:1'; :" \ ;\ i ill" ,djoc:ltiljll i;ctween tlie pand1:1yats at ,ii 1\~\'l'ls "f i i 1'\"': i\c sh;,] l's of !;udl proceeds; ~~ , ! ;: l, ; i ',i }4"' t i : j i ( ) !' (ii) ;!ii:, utilc;' ii,,!, :'j': ,,;',,1' c 1 l:j til',' r'in;i!~'\' c'lm:llissiun u,) c ie (;u\ ' n· q ;: i t: l~l ;" ;') d' sn\ ii ir! ~ ,: t1l ,~ ti:,~ i )~r~~hay"ts iii , ;;),,, '!ltrllt',lt ,' lj1cinbl'l sol' ,he jic;ltjo:l~, w;i:cil " ii i ,)(' d: ( ~ c()rnmis~io<l jill,: ile lilrtl1:, )1 (hey sl:<l1j h' ,";ccted, (3) 'j'ie l'():1!~1';~i:l;j ,,1 ·11 have bllch pu\"tt;; ;n 1:,(' ,'i,':, j:l~ur: of the statl! 111'1\ i ',' ~;:,: ,'; ',1inl' c1c:;' procc,ictr,' ann !';hall '(' of tjwi:-fun~'ti,)ns ;is the legisconfer on them, 15 ii , l~ver:' l"l'c!jllu;h:n,ia [j, ,n nude by " , (4) ti'e (,o\'c'rj]'lj' "" 1 ii,,::,:": c·· :"! " >' ~ -- ~t '', ' - (·n i (~: i ',' [ j , ;, "\ i ~ ; :it't; ie t'lgcl:ler v,'!"h an ex-::ct: ~ t:~ kl'il ~ i :,!!'(lfj', \(1 be laid , t ~' j-orm of 1)1 ~;" ~:ri\'i('t' of (h , comptroller and c2) th(' cun!j,tml;','1 ::"d ,\li(i;tor-~;c"\'1'li1 ;;f ldia ~h ,~; :',:m,c lh~ ;:~",(ullts of the pall("i~~";\'~ b" aildi~l"~l ill stu'li 11,:11,:1,';' :1" lll' may a~;ounts of pancha_ yilts add audit of accounts of pan-"\(0 "'1 ,,,:: 'j' ; ;,1' t'p-h':"', ,:' ~i' ~·ullltji'\,l~\', :~1,1 ;u,~;l,! ·(7·~jj ~"~ ~,al! h~var' ]0 ::!43 j t!h' supel'in'·"i',!('c, flit'celio t ;n:! ~'·mr,j of the p,'epat'atioll cf d('l'it):'nl o;~ f"" and the con-l·,('t :,', a!! electill"s to the l'allchayats shah h~ n'~,;,""~ in (he election c{l'nmissi()~, superin_ tendence, direction and control of ejections to the panch 1_ yats to be vested in the elt-clion ('ommi~­,ion, :!-!:::j sliuje:'t to t :ll"\'isil)::~; of this p,lrt, the l!:''":isbture of a r, - """ ii'; m:jltt'l's rei :ti!og to ,'!' 111 cr!i:l"ction wit'l ejec;on:) ~o the panl,l':l\':>t~ inclttclin:! tl1" p;,,·p r:lt i"l1 of d('('\:)r:',1 "()~l-- "h' m1nner in wlljch th,' elcc~ '1';t1 nlle, ,:jt' till' t:h' bein~ in foth' for the l,'rritllriaj a slate tn make prllvisions wilh ·c()n~tjtl1cncin~; c'f(,l:'c(' '," in ,," i lc :3~s n1'l:: lw used for stich preparation, the delimit: ti,);! uf "o'lstilucneic:) 1r,d :til otber rptter~ rc~pect in elections ncc'e~5ary for s('('urin'~ l' c' '::1(, ,"'" :;tiluti<'ll of ~::i('h p~li1c'li'ly:lts, 10 pan_ chayatl, :',t:n: (1, '1'11(' p"'" i':iolls of this part sh;1l1 ap1ii:, 10 1,1(' unlutl ll'f(',l<lt,l" ,iilj ~'il,-dl iii 111l'ii' ;lppli(,:1~l()n to ;1 uil:oil tf'l't::' ,\ ,,:i\'e j\ i>pl1(';,-l,ljn t" i; 111011 tel j'it()i'il',', 1'11'((" ;:,; jf iii, ' rill ", 10 ,ill' (;("','11\1,,, oi :1 ~tlj \,' ',' ,,0;,' i n,'( - to the adlllinist: :!l()t' of th£' union \nritory appoint!'d imeier :\i'tic!e :!:w "nd ll'icl't!/1ccs to thc legislalure qr the le/(sl:itivc ,\s,';t'l';!jly of :1 5 st;lt(' wt'rc referenccs, in 1l"latiol1 t, :1 union territor, h;l\'in:~ :1 ip~!i~­lati\'c i\s!-l(,lllbl~', tp tll:1t l('~i:;hti\'(' a~:semhl:;, en t\;,,!withst;p1di'ls ;ll1ythin;', in clal1se (1), t:ii' p;c'i,knt lnay, hy public nl)tik';;li<iil, direct t1wt ii l' jlro\'i~:i(1lls of this ,';:'1 ill,tll'1'1 hpply to "n\' ui!ion ll'rrltor~' or :in\ 1':1'1 jjw!'('uf n~ :il:llll1' i tn " iii union 1('/'1 ;\11'\' or i':lrl l i l('i'i",f sllh (ht iii silell c:,:cr,;,: '" !;lo'i,;i cations :is iw ~l:i,\,pe~jh' in the nouill'ation, ~43l (1) ~ulhing in this par~ shall ~ppl:-' to-i' ,i nol lu apply iii l'~' i ,in states and ,ireae, (/» the s,,:wdu)('d are3s rcfcrr"d to in cltuse (~), :1l1d i:c !:'i tribal ,1fe:ls reff'rreo in in clall~e (~), (if :lrtic1e 21-1; (c) the jli~l areas in tile state of t\,!:inipur for w\'ic'll di,t'ict councils ('xist and :h(, hill :\!"'as of;the di~lrict ,f u;::ieeling in the state of west bengal for ',\'ideh the d:lrj(,(,jin; (;o1'];1)a hill council exis1s, under any bw for thc time lei~l j'l fnr~'(> :'0 , " the tri~):i; zlreas, if any, rdnreti to in ~i!b-cla\ls£' (1,) of ::j:l',ise (1), if tile ler::io;lative as<::c'l:lbly of that state passc; a rc;;olllti0n 25 to thilt eftc'ct i;~' ;1 m:lj()r:1~' d t!l(' ttllt! llwll1b,'r"hip (i; ·':>1 e,ll:~c <lnd by :l majority (,f not it's'l than two-ti'irds of the' 1ll'_'lllhers d that house present and voting; (1)) the governor of a state may, in his discretion :md subject to <;uch exceptions and modific{jtions as he may specify hy public 30 notincation, extend this part to the scheduled areas, referred to in clause (1) of article 244, comprised within that state, conlinu ilnce of existing ]1\\', and p~d-243m, notwithstanciing anythin~ in this part an~' prlwision of any law j'(,l:otini; to r:mcha~'nts ill forc(, immediately hefore the commf'ncf'nll'n' of thp cnn~litllti(ln (six\~' fourr, amcndlll'!nt) ac: ~5 198!), whieh is incongistent with liw prrwisinns of this pjr1, "h:111 ('nr,-tinllp 10 hi> in fnrf'p iin1;1 "p1pnrlcd "r ~'(1~~":11" l h ,~ c-:m"''''' ',1 t i' ;:, ',-t'ro,\"'" ' ••• :' ~~" ~ \llll', lll t"",'!'jilll"'1 ,ii \111" "t':l from sll:'" c()rnmen~"'nllmt, whil'hc\'cr is {'arlif'r: pro\'icied that all the pnnch:l~'ats {'xistin,! il1lllwdi i ,1,,' h('f"re 40 such commencement shall continue till tl1(' (>xpirntjnn of their duration, unles~ soonf'r dissolved by [i rpsnllltion p:-1sseci 1 () 111 1 t p!teet by the le,gislativ£' assembly 1)[ tklt st[l1p or, in 1;'" ('[1;'-' "f a stat(" havin!! a legislati\'p c()tmci1 h\' (,:ich hollse of thp le!!is'atl1re of that state', ~,u: :·::''i'ii st'lh:nule1\lticll' ~'l;m) ! 'did ';ij'i"'\'ci'wllt "n<! :;<111 coi1scfv:,,';on !'i1j'l"1' ill"", linll ',',':1;'" 11:,';lal~emt'nl :dld watcr,;h\ ' >'i·joplllcnt , , }o " ,i r " ',j ~ ; , j 11 (i' 1 \ ! • :t' ,1'"1 \' j\i':i·11 '"" , ") ~'j ! ~l~!·~i!·ies ~!, cultural tl('1:\'ilic,: 23, he:!lth ,!l~d <:l1itation ','cludinr, h(jspital~ !1r:mar:·; iwalth centres l1t~d di~pcnsari~> f:jmjl~' wclfare, j() ~5 'y~!t2n ;,'1d c;jj)d dc\'~"opment, ,~ :-,1 ''"('f,!!, ill"hdjl':' \,;('if:ll'c' "f 11;1' :,anclic<l"pecl and menli1\" ~ \~,!,l"(l ',' i! ,1':' iir 11,1' \\'''it!;c'' l'l"inn- ,iln in p:l,'i;:·t11:1r ()f the sche-'~ ,1,1](,,1 c;1·i('~ :dlr! til'-' :':':~;i·dlllt'd tribc9 !\ ic\'icw of the w(j;king \'1 !',k"':,"i' !bl i i,lillli,tllh ill', ,ii"\\,, ihill in many states they h:lvl: b'(' 0 111 , \1 l:,l ,:1]' 1 i:~';:l'" i\'~ (l\','ing tn a v,lrid\' of reasons, including thl~ f:i:lur,: 10 h"\! rl'~ii~:lr :,,:,j !,;:rit\dic:ll'kcti'm~, rroh~rcd supcrsrs~i~)n~ inadl'lfll:llc r~i"i"',2nt':ii";1 in ill: \\,'jk,r sl'ction; likl' the scheduled casti!s the schl'jukd t"il''\1nj ",1)111:1:, lt,:1: of fin:]n::i:l rc,ollf'ces and inadequate devolution of 'rr,1i ,-'j :rlj rcs!""l,ih;liii<" on tnrm, :::! 1-1::v:n'2 rc,'!:lfd ~,) :h, i'l ':1-"1:;::\':'' i:~ til,' ''\:~·ljl1'~ <,',"' 1','!11 , ~;1 ;~i;n~ in virw ihe dirt'cti\'l' prin,irk ,,! ';'::1, f'(~:i,'\ " ,ii"'i)('(1 in ,ii' ,": 4() ii hich aims al l'nllowifl!! p:io('h~ly::h \' i;'] 'lic~l 1':1\i:r" ;1~~t1 :,t:th'i,'i[\ :1' ;ir~' ilv,<:ssary to rn:ijjic thrm i') innctinn '1, "r:,' "f ':'!f-"()\·~r':'l'nt ;! i~ "f,i)i')' '! 111 :ldj a new p:lrt fo the ("h1',:" 1)(11 r,'hliw,! 1;, i,:: r ," '1:i\,:," (n) m:jkrit (lhlirr:j!on' f,,,' :111 '\r h(" " c,:!:,11lj~h :t three-tier ~v~tcm of p;'l1ch:l\':i!s ;1, qh' vill'l'" ;r""':~i' i:", ',,! "i"triel 1l'\':+' however stater, having :1 1'(l:"ll:lti"n pr!-' " , :''' :'i t,11, \''puld ;-,1'1 k· 'lhli"cci to c~tahlish panc'l'il"", :'; f'" i·,· '11" i:"" 1,"h':: <:"1, - ":':'·~·':'i'" "-w rr"'i rl,' for the \';!~ ~':! ','f)~:'~" :'1·,1,' of ~,·fe!l'!!--~r~ f)f the 111_' i ~'·i')':" \ 'r"i)!~, ;in! (,ll'iir"',<;nns direct {'lcetic'in: hw,c\·cr r'12 r,'prccenl:ltion in p ""'h:i\":l' hntl,'" of th~ pe":l' :ind :'f (c) providr l '! !' ' ·~rv;~ f ;n'1 l' ':"'!' :1 !':-ih: ,j'lc rc!1 rescnlal i'ln in ih,' p:tnch:1y;lt~ (if 111( t: l":h;~ : <; , ~ (' ~ , u1l - ~: triho:-s ~ il'i womer: 't'1ivc' ,~ if :~ p<lnch:!:~'al j, "!is"p:',',l h ,4',,1': 1'1," v ni its tl'pl1 i1f'(wision h made for the com:uct of d:,:t iol1'; \' :thir , oc;'io·l of six '!1~loths nf the dissolution to rt'c"n~titl1te the p::rchw': r"1 the rc!'11inder of th:-l~rm: (e) provide for the d,~\ (,lutin:' 1,' i "~ st :1l~ lcf'i~la~ ure of rm'let<; and rc'~pon~ibi1itie~ u'non th:-p:1fhl\"", ',,;ih res:1c<"'l to th~ nrcparation of rl~ns for econo",ic d:'v,,1()l)l'l('i't , o::i·:: ,iu<ti:-c' 'lnd ~"r the imp't:m('ntntion of clcvelo!';;':'nt sr ~~:-,('~: (f) provide (n t11:,' '-"lwl fin'''!'''' ,~ fl, l'-ilnch:1\'i"it h" ~ecur;n~ :luthnri~:1t;on fp-,m ~'~lc 1,""':1l1l1" r·,- '''';lnl',;n-:,i,l tn ihe p:ti1c1ny:1t~ from th" r"t1<;o!i(l:'l:''j fun:! 'f rh, '",il', ~; ,,1'[1 :1s<;i:>''''ll'l1i i,,) m ;1p:--ff'lrr;·jt;n" h" ih" pii"·!l:"··· ,f "1' rc"'::'!"'<; of (k,i~-l! "1'«(" - " 'll'll • t •••••• ((,') pf(l''irll' (',r i'~' :"''','''''' ,r f'in·w·, r""'r:':"",i<'rr, in i'le ~,i:!:l'\ l'''('r~' fill' ,-,''i', iii !'" "" '1·, :i",1 "',,~ (lr '''i,,' p;':l'~'h;" :'h and r'" q',h1,t""n f l l~rin:in'~ j)11 :"'~'" ,r '\ -i "1 ~t::" i ,·11: i;ltlll"\,'-; nl:1~! <lvi' rminl' the i'i'("~ '(1 hi' :'1"""" '''i " 'i' ""i~·11·' 1 in ;'1' p"",'" '\':11" :1", also rr:lnl<-in;liri tn th" p:l!1"h:i" ,to' " ,"n i i,, c ·,'''nt:<!:i,,·t! fl1nd or thr st'lte: dc·ll'rmjuc ~ ~ lope appropri<lted by, or <lssigned to lijs-jjancneyltts, as also grants-tn-aid to the panchayats from t he con~)­jidatcd fund of 1he~e; ~ (it) \'(!st ill the electioll ('llllll111ssio/l till' sljpciilltt'ihieiicl' directioll and {'of)trol of el('('tions to the i'ant'hayats at all three lcvl~ls; (i) cmpow('r the comptroller ,ilhi ;\udilol'-l;cnercd of illdi:1 to cause the accounts of the panchayats ;iuditcd in sllch manner as he may deem fit; and (j) cxempt certain states and tribal ;;rc<j: :md other leailories from the apphcation of the provisions of part ix or empower the president and the governor to modify th('m in t\l('ir applica1ion to union territories and schedu\!'d :\r(':l;; 1'('~lle('li\'ely 4 the bill seeks to achl€\'(' the aforesaid ohjectives new delhi: t/j(' 12t11 mcl1t, 1~h9 rajiv gandhi clause 2 of the bill seeks to insert new part ix in the constitution consisting of articles 243 to 243m 2 articles 243e and 2431" envisage thp discharge of greater responsibility by the panchayati raj institutions this will call for strengthening the administrative capability and training requirement!' of the panchayati rai institutions at various levels though the responsibility in this regard is of the state governments the central r,0vernment may be:' required to share the burden as the states' resources are not adequate it is however difficult to estimate the:' annual recurring expenditure on 'lc'count of additional staff to be created at various levels as this will require a det:1iled study of the existing starr strength in different states j article 243h provides for auditing of accounts of the panchayats in :-'lich manner as the comptroller and auditor-general of india deems necessary similarly article 243-1 provides for superintendence direction :lnrt control of l'lertio'l1s to the pancha~:ats to he vested in the election commission these provisions are likely tf) inc:'r;15(' the work in the offi::'e of the comptroller and auditor-general as well as in the election commission necessitating augmentation of their staff however both the comptroller and auditor-general and the chief election commissioner have i"dicated that it would be difficult for them at present moment to estimate the likely increase in staff and the consequent financial ' ' ~~<~,;l"rl d"ck "f lhf" additiona1 \vork jr,·c"'l •• ::,~ '!'h<erp will he no other rrcurring or non-recurnng ~}qj"'!i\"''''''''"

Parliament_bills

035bd136-2564-544b-aec9-f158f4adc248

4 the reasons for which the above-mentioned special provisions were enacted and brought into force still continue to exist the question their continuance has, therefore, been considered in consultation y the state governments and union territories administrations, who are of the view that the said provisions have proved very useful and effective and should continue in force keeping these aspects in view, the essential commodities (special provisions) amendment ordinance, 1992 (ord 12 of 1992) was promulgated by the president on 27th august, 1992 to extend the life of the essential commodities (special provisions) act, 1981 for a further period of five years with effect from 1st september, 1992 | + 5 a new section 10aa had also been inserted in the principal act - to provide that no officer below the rank of an officer in charge of a police station or any police officer authorised by him in writing shall arrest a person accused of committing an offence punishable-under the act 6 the bill seeks to replace the aforesaid ordinance 'new delht; kamaluddin af 'ied - the 22nd october, 1992 financial memorandumclause 8 of the bill seeks to extend the period of operation of the essential commodities (special provisions) act, 1961 for a further period of five years with effect from ist september, 1992 by virtue thereof the special courts established under section 12a of the essential commodities act, 1955, will, continue and new special courts can also be established in the next five years the expenditure on such court in the union territories which do not have their own consolidated funds will have to be met-by the central government : 9 a provision of rs 2 lakhs and rs, 1 lakh per annum for recurring and non-recurring expenditure under non-plan was made at the time of giving extension in 1987 it is indicated that in the union territories such as delhi, chandigarh and pondicherry, where such courts have been set up, the existing sessions/additional sessions courts have been designated as special courts to try offences under the essential commodities act, 1955 therefore, there is presently no extra expenditure towards the salaries of judges and the supporting staff which are met from the non-plan budget for the union territories for judicial establishments, however, a token outlay of recurring and non-recurring expen- ajture respectively of rs 2 lakhs and rs 1 lakh only for the first year in respect of the union territories is anticipated annexureextracts from the essential commooiries (spectar, provisions) act, 1981 , a sh es (18 or 1981) cee ok % 2k ont ai and whereas for dealing more effectively with persons indulging ig such anti-social activities and the evi] of vicious inflationary prices, it is - necessary to make certain special provisions by way of amendments to | the essential commodities act, 1955, for a period of ten years; ; a o % % short 1 (1) m ; title, com- (3) it shall cease to have effect on th act except as respects things done or tredee- date of commencement of this tay ge omitted to be done before such cesser of operation of this act, and ftom: ~ section 6 of the general clauses act, 1897, shall apply upon suth cesser of operation of this act as if it had then been repealed by a central act ist noinw ic to0tvey a 8 do i ry i> 39 = e expiry of ten years from the

Parliament_bills

1816a076-90da-51fc-83d4-d5e85b1bcec5

bill no 39 of 2009 the jharkhand appropriation (no 2) bill, 2009 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year 2009-10 be it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the jharkhand appropriation (no 2) act, 2009 2 from and out of the consolidated fund of the state of jharkhand 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-two thousand nine hundred ninety-two crores, thirty-six lakhs, forty-four thousand and six hundred rupees towards defraying the several charges which will come in course of payment during the financial year 2009-10, in respect of the services specified in column 2 of the scheduleissue of rs 22992,36,44,600 out of the consolidated fund of the state of jharkhand for the financial year 2009-10appropriation the schedule(see sections 2 and 3)| 1 | 2 | 3 ||------------------------------------------|-----------------------------------------------|----------------|| sums not exceeding | | || voted by | charged on the | total || parliament | consolidated fund | || no of | | || vote/ | | || services and purposes | | || appro- | | || priation | | || rs | rs | rs || 1 | agriculture department revenue | 386,31,52,000 || capital | 2,50,00,000 | || 2 | animal husbandry and fisheries | || department revenue | 202,95,09,600 | || capital | 5,00,00,000 | || 3 | building construction department revenue | 90,34,22,500 || capital | 75,70,00,000 | || 4 | cabinet secretariat and coordination | || department revenue | 36,51,52,000 | || 5 | secretariat of the governor revenue | || 6 | election revenue | 114,82,83,000 || 7 | vigilance revenue | 9,42,94,000 || 8 | civil aviation department revenue | 25,30,43,000 || 9 | co-operative department revenue | 92,48,74,000 || capital | 7,60,00,000 | || 10 | energy department revenue | 775,57,77,000 || capital | 361,00,00,000 | || 11 | excise and prohibition department revenue | 17,13,35,000 || 12 | finance department revenue | 61,84,40,000 || capital | 16,00,00,000 | || 13 | interest payment revenue | || 14 | repayment of loans capital | || 15 | pension revenue | 1525,00,50,000 || 16 | national savings revenue | 2,47,80,000 || 17 | finance (commercial tax) | || department revenue | 35,09,44,000 | || 18 | food, supply and consumer forum | || department revenue | 327,58,54,000 | || 19 | forest and environment | || department revenue | 267,31,73,000 | || capital | 15,00,000 | || 20 | health, medical education and family | || welfare department revenue | 1046,67,22,804 | || capital | 162,30,87,196 | || 21 | higher education department revenue | 461,05,91,000 || 22 | home department revenue | 2031,66,02,000 || capital | 140,24,08,000 | || 23 | industries department revenue | 154,54,76,000 || capital | 1,20,00,000 | || 24 | information and public relation | || department revenue | | || 41,70,67,000 | | 41,70,67,000 || 25 | institutional finance and programme | || implementation department revenue | 4,32,68,000 | || 1 | 2 | 3 ||------------------------------------|-------------------------------------------------|----------------|| sums not exceeding | | || services and purposes | | || voted by | charged on the | total || no of | | || vote/ | | || appro- | | || priation | | || parliament consolidated fund | | || rs | rs | rs || 26 | labour, employment and training | || department revenue | 687,73,56,000 | || 27 | law department revenue | 149,65,31,000 || 28 | high court of jharkhand revenue | || 29 | mines and geology department revenue | 25,15,72,000 || capital | 45,00,000 | || 30 | minorities welfare department revenue | 1,33,01,500 || capital | 10,24,00,000 | || 31 | parliamentary affairs department revenue | 18,14,000 || 32 | legislature revenue | 40,85,71,000 || 33 | personnel and administrative reforms | || department revenue | 15,54,44,000 | || 34 | jharkhand public service | || commission revenue | | 9,34,05,000 || 35 | planning and development | || department revenue | 88,01,05,000 | || 36 | drinking water and sanitation | || department revenue | 185,91,12,000 | || capital | 457,09,00,000 | || 37 | rajbhasha department revenue | 9,17,74,000 || 38 | registration department revenue | 12,81,81,000 || 39 | disaster management department revenue | 234,27,27,000 || 40 | revenue and land reforms | || department revenue | 261,01,61,000 | || capital | 1,000 | || 41 | road construction department revenue | 179,19,07,000 || capital | 634,45,00,000 | || 42 | rural development department revenue | 1048,72,45,000 || capital | 580,90,51,000 | || 43 | science and technology | || department revenue | 106,91,51,500 | || capital | 62,05,00,000 | || 44 | secondary, primary and public | || education department revenue | 3227,09,38,000 | || capital | 17,02,00,000 | || 46 | tourism department revenue | 12,73,88,000 || capital | 25,15,00,000 | || 47 | transport department revenue | 111,18,11,000 || capital | 54,80,00,000 | || 48 | urban development and housing | || department revenue | 205,00,01,000 | || capital | 621,20,67,000 | || 49 | | || water resources department revenue | 266,98,63,000 | || capital | 498,20,00,000 | || 50 | minor irrigation department revenue | 62,70,72,000 || capital | 84,20,00,000 | || 51 | welfare department revenue | 1041,03,79,500 || capital | 115,38,00,000 | || 52 | sports, art, culture and youth | || affairs department revenue | 51,83,53,000 | || capital | 37,07,28,000 | || t | | || otal | | || | 19705,17,10,600 | 3287,19,34,000 | statement of objects and reasonsthis bill is introduced in pursuance of articles 204(1) and 206 of the constitution of india, read with the proclamation issued under article 356 of the constitution in respect of the state of jharkhand on 19th january, 2009 to provide for the appropriation out of the consolidated fund of the state of jharkhand of the moneys required to meet the expenditure charged on the consolidated fund of the state of jharkhand and the grants made by the lok sabha for expenditure of the government of jharkhand for the financial year 2009-10pranab mukherjee ———— president's recommendation under article 207 of the constitution of india[copy of letter do no 2(3)-b(s)/2009 dated the 29th june, 2009 from shri pranab mukherjee, minister finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed jharkhand appropriation (no 2) bill, 2009 to authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year 2009-10, recommends under clauses (1) and (3) of article 207 of the constitution of india, read with clause (2) of article 206 thereof and the proclamation dated 19th january, 2009 issued under article 356 of the constitution, the introduction of the jharkhand appropriation (no 2) bill, 2009 in and the consideration of the bill by lok sabha———— a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year 2009-10————(shri pranab mukherjee, minister of finance)gmgipmrnd—2579ls-(s5)—06072009

Parliament_bills

a323ee9a-c2f2-5f7f-857d-247c4fb7c393

bill no 101 of 2014 the fast track courts for elected representatives bill, 2014 byshri baijayant panda, mpa billto establish fast track courts for trial of cases involving criminal charges against elected representativesbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:— chapter i preliminary(3) in states and union territories with a legislature, the provisions of this act shall come into force on such date as the state government or, as the case may be, the government of the union territory may, by notification, appoint:provided that the notification shall be issued within one year from the date ofcommencement of this act5(4) in union territories without legislature, the provisions of this act shall come into force on such date as the central government may, by notification, appoint:provided that the notification shall be issued within one year from the date of commencement of this act10(5) any reference in any provision of this act to the commencement of this act shall, in relation to a state or a union territory, be construed as a reference to the commencement of that provision in that state or union territory, as the case may bedefinitions2 in this act, unless the context otherwise requires,—15(a) "appropriate government" means in the case of a state, the government of thatstate, in the case of a union territory with legislature, the government of that union territory, and in all other cases, the central government;2 of 1974(b) "code" means the code of criminal procedure, 1973;(c) "fast track court" means a fast track court established under sub-section (1) or(2), as the case may be, of section 3;20(d) "legislature of a state" includes the legislature of the national capital territory ofdelhi and the legislature of union territory of puducherry;(e) "municipality" means an institution (by whatever name called) of self-governmentconstituted under article 243q of the constitution;(f) "panchayat" means an institution (by whatever name called) of self-governmentconstituted under article 243b of the constitution; and25(g) "state government" includes the government of the national capital territory of delhi and the government of union territory of puducherry and the expression "state" shall be construed accordingly chapter ii establishment of fast track courts30establishment of fast track courts3 (1) the central government shall, by notification, establish one or more fasttrack courts for each union territory without a legislature to try criminal offencesinvolving elected representatives of that union territory35(2) every state government shall, by notification, establish one or more fast trackcourts within its jurisdiction to try criminal offences involving elected representatives of that state(3) every fast track court established under sub-section (1) or (2) shall exercise thejurisdiction, powers and authority conferred on such court by or under this act(4) the fast track court shall sit at such place or places, as the appropriategovernment may, by notification, specify40(5) the fast track court shall be a court of record and shall have all the powers ofsuch a court including the power to punish for contempt of itself4 (1) every fast track court shall be presided by a judge to be appointed by the appropriate governmentprovisions relating to judges of fast track courts(2) the appropriate government may also appoint such number of additional judges to the fast track court as it may, on the basis of the assessment procedure laid down in subsection (4), from time to time, deem necessary to appoint:5provided that the appropriate government shall record in writing the reasons for arrivingat a decision on the number of additional judges to be appointed(3) every appointment under sub-section (1) and sub-section (2) shall be made with the concurrence of the chief justice of the high court exercising jurisdiction in relation to that state or union territory, as the case may be10(4) the number of additional judges to be appointed under sub-section (2) shall be onthe basis of an assessment of the requirement of the fast track court and such requirement shall include, inter alia, the following,—(a) rate of institution and disposal of cases; (b) number of cases pending; (c) nature or type of offences under trial and the duration of trial in each case; (d) caseload per judge; and15(e) the number of cases where the trial was not completed within a period ofninety daysexplanation—for the purpose of this sub-section, caseload means the number of cases tried by a judge20(5) the assessment under sub-section (4) shall be made at least once in every twentyfour months and the number of additional judges to be appointed under sub-section (2)shall be revised in accordance with such assessment:provided that the appropriate government shall record the reasons, in writing, for such revision25(6) a person shall not be qualified for appointment as a judge or an additional judgeof a fast track court unless he is, immediately before such appointment, a session judge or an additional session judge in any state30(7) where any additional judge is, or additional judges are, appointed in a fasttrack court, the judge of the fast track court may, from time to time, by general or specialorder, in writing, provide for the distribution of business of the fast track court among himself and the additional judge or additional judges and also for the disposal of urgent business in the event of his absence or in the absence of any additional judge(8) a fast track court may, if it considers it expedient or desirable so to do, sit for any of its proceedings at any place, other than the ordinary place of its sitting, in the state or the union territory in which it is established:35 40provided that if the public prosecutor certifies to the fast track court that in hisopinion it is necessary for the protection of the accused or any witness or it is expedient in the interest of justice that the whole or any part of the trial should be held at some place other than the ordinary place of its sitting, the fast track court may, after hearing the accused, make an order to that effect unless, for reasons to be recorded in writing, the fast track court thinks it fit to make any other order45(9) the expenditure in respect of the salaries, allowances and pensions payable tothe judges and additional judges of the fast track court shall, in the case of a fast track court established in a state, be charged on the consolidated fund of that state and in the case of a fast track court established by the central government, be charged on the consolidated fund of india5 (1) for every fast track court, the appropriate government shall appoint a publicprosecutor for conducting in such court, any prosecution, appeal or other proceeding on behalf of the appropriate governmentprovision relating to public prosecutors for fast track courts5(2) the appropriate government may also appoint such number of additional publicprosecutors to the fast track court as it may, on the basis of the assessment procedure laid down in sub-section (4), from time to time, deem it necessary to appoint:provided that the appropriate government shall record in writing the reasons forarriving at a decision on the number of additional public prosecutors appointed10(3) every appointment under sub-section (1) and sub-section (2) shall be made withthe concurrence of the chief justice of the high court exercising jurisdiction in relation to such state or union territory(4) the number of additional public prosecutors to be appointed under sub-section(2) shall be on the basis of an assessment of the requirements of the fast track court and such requirement shall include, inter alia, the following:—(a) rate of institution and disposal of cases;15(b) number of cases pending; (c) nature or type of offences under trial and the duration of trial in each case;and(d) caseload per public prosecutor20explanation— for the purpose of this sub-section, caseload means the number ofcases conducted by a public prosecutor(5) the assessment under sub-section (4) shall be conducted at least once in every twenty-four months, and the number of additional public prosecutors to be appointed under sub-section (2) shall be revised in accordance with such assessment:25provided that the appropriate government shall record the reasons in writing for suchrevision2 of 1974(6) a person shall be eligible to be appointed as a public prosecutor or an additionalpublic prosecutor if he is eligible to be appointed as a public prosecutor under section 24 ofthe code302 of 1974(7) every person appointed as a public prosecutor or an additional public prosecutorunder this section shall be deemed to be a public prosecutor within the meaning of clause (u) of section 2 of the code and the provisions of the code shall apply accordingly35officers and staff of the fast track court6 the appropriate government shall, with the concurrence of the chief justice of thehigh court exercising jurisdiction in relation to that state or union territory, appoint sufficient number of officers and staff to assist the fast track court in the discharge of its functions on such terms and conditions of service as may be prescribed by rules made under this act chapter iii proceedings in the fast track courts407 (1) notwithstanding anything contained in the code or in any other law for the time being in force, all cases involving offences alleged to have been committed under any criminal law by a member of parliament or legislature of a state or a panchayat or a municipality shall be tried by the fast track court having jurisdiction over the area where the commission of offence took placeall cases involving elected representatives to be tried by fast track courts45(2) every case, application or proceeding relating to offences referred to in subsection (1) pending before any court, other than a high court or the supreme court, immediately before the date of issue of notification under sub-sections (1) and (2) of section 3 shall stand transferred to the fast track court having jurisdiction in relation to that area and the fast track court to which such proceeding stand transferred shall proceed with such cases from the stage at which they were pending at that time2 of 197458 (1) notwithstanding anything contained in the code, the fast track court shallconduct its proceedings on a day-to-day basis excluding public holidaysfast track court to try cases on dayto-day basis(2) the fast track court shall complete every trial within a period of ninety days fromthe date of filing of the charge sheet in the court:10provided that where the trial cannot be completed within a period of ninety days, thefast track court shall record in writing the reasons therefor and shall complete the trial within a further period of not more than ninety days(3) subject to the provisions of this act, a fast track court shall, for the purpose oftrial of any offence, have all the powers of a court of session and shall try such offence, as if it were a court of sessions, in accordance with such procedure as is specified in the code for trial before a court of session159 the supreme court may direct transfer of any particular case from one fast trackcourt to another fast track court if in the opinion of the supreme court, it is expedient for the ends of justice2010 (1) a fast track court may, on an application made by a witness in any proceedingbefore it or by the public prosecutor in relation to such witness or on its own motion, give such directions, as it deem fit, for keeping the identity and address of the witness secrettransfer of cases from one fast track court to anothermeasures for keeping the identity and address of the witness secret(2) in particular and without prejudice to the generality of the provisions of subsection (1), the directions which a fast track court may give shall include—(a) holding of the proceedings at a protected place;25(b) avoiding the mention of names and addresses of witnesses in its orders,judgements or any records of the case having access to the public; and(c) ensuring that the identity and addresses of the witnesses are not disclosed(3) any person who contravenes any direction issued under this section shall bepunishable with imprisonment for a term which may extend to two years or with fine or with both30appeal2 of 197411 (1) notwithstanding anything contained in the code, an appeal shall lie from anyjudgement, sentence or order, not being interlocutory order, of a fast track court to the high court both on facts and on law(2) every appeal under this section shall be preferred within a period of thirty daysfrom the date of the judgement, sentence or order35power to make rules12 (1) the appropriate government may, by notification in the official gazette, makerules for carrying out the purposes of this act40 45(2) every rule made by the central government under this act 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(3) every rule made by the state governments under this act shall be laid, as soon asmay be after it is made, before the state legislature statement of objects and reasonsthe systemic flaws that pervade our judicial system have come into sharp focus in recent times india is infamous for its snail-paced judiciary and the gargantuan pendency of cases in the subordinate and high courts as on 31st december, 2011, a massive three crore cases were pending in the high courts and subordinate courts across the country; ten per cent of such cases were pending for more than a decadeat the level of the subordinate judiciary, criminal cases constitute seventy-one per cent of the total cases pending before the courts this shocking figure displays the apathy of the state towards the protection of its citizens the ultimate aim of criminal law is the protection of personal liberty against invasion by others in the words of judge curtis-raleigh, "the law should not be seen to sit by limply, while those who defy it go free, and those who seek its protection lose hope"india has an overworked and understaffed judiciary according to the chief justice of india, there are six judges per million people in india, an abysmally low number as compared to developed countries; the united states of america boasts of a ratio as high as 125 judges per million people despite the report of the law commission in 1987, which had recommended immediately raising this ratio to 50, and to 100 by the year 2000, no significant steps have been takenthe judicial system needs a complete overhaul to facilitate fair trial and speedy justicehowever, it must be recognized that improving the entire system will require significant investment and political will until such time that a complete overhaul can be undertaken, at the very least, we can initiate changes by attacking the roots of the problemone of the most cancerous of these roots is the criminalization of politics as per the report of the association for democratic reforms, 76 of the 543 members elected to the lok sabha in 2009 had been charged with serious charges such as murder, rape and dacoity not only does this reflect poorly on the country, but it is also highly demoralizing for the general public there is an urgent need to break this criminal-political nexus, which can be facilitated only if criminal cases against elected representatives are expeditiously disposedunder the present system, political patronage and a 'culture of adjournment' collude to prevent speedy trial against elected representatives in a country where the judicial system is overburdened, a simple tweak would be to 'fast track' criminal cases against elected representatives with a mandate that all relevant cases be adjudicated within ninety days if this provision is put in place it will go a long way towards resolving the issue unlike some other proposals that bar candidates from contesting elections if charged with criminal cases, this solution does not vitiate the presumption of innocencethis bill seeks to establish fast track courts in all states and union territories of india with a mandate to ensure speedy trial of cases involving criminal offences by elected representatives cases involving elected representatives that are presently being tried across different courts in the country will stand transferred to the fast track courts having jurisdiction in the area barring exceptional circumstances, a fast track court shall complete trial within ninety days from the date of filing of charge-sheetto ensure that these fast track courts don't suffer from the same impediments as regular courts, this bill provides that the number of judges to be appointed to each court must be decided based on an objective criteria that takes into account caseload, pendency and most importantly, the percentage of cases that remain unresolved even after the stipulated deadline of ninety days this provision will act as a check on the power of the executive to change the judicial strength of these courtsfurthermore, to ensure that proceedings do not suffer due to ineffective or biased prosecution, this bill prescribes that the government must appoint public prosecutors with the 'concurrence' of the chief justice of the high court having jurisdiction in the area the number of prosecutors required for effective distribution of workload must also be decided based on an objective criteria, similar to the one used above this will reduce government discretion in appointment of prosecutorsall members of parliament (mps), members of state legislatures (mlas and mlcs)and members of panchayats and municipalities established under the state panchayati raj legislations are sought to be covered under the provisions of the bill this implies that all elected representatives at the centre, in the states and in local self-government institutions such as gram panchayats, block panchayats or panchayat samitis, district panchayats or zila parishads, nagar panchayats, municipal councils and municipal corporations will be subjected to the provisions of this billit is strongly felt that any attempt at decriminalizing politics will have to begin with this amendment this will go a long way in restoring the confidence of our people in the judiciary and in redeeming the commitment of the political class towards justicehence this billnew delhi;baijayant pandajuly 7, 2014 ———— president's recommendation under articles 117(1) and 117(3) of the constitution ————[copy of do no 15017/6/2013-jus(m) dated 1 september, 2014 from shri ravi shankar prasad, minister of law and justice and communications and information technology to the secretary-general, lok sabha]the president, having been informed of the subject matter of the fast track courts for elected representatives bill, 2014 by shri baijayant panda, member of parliament, recommends the introduction and consideration of the bill in lok sabha under clauses (1) and (3) of article 117, respectively, of the constitution financial memorandumclause 3 of the bill provides for the establishment of fast track courts by the central and state governments to deal exclusively with cases involving offences committed by elected representatives clause 4 provides that every fast track court shall be presided over by a judge to be appointed by the appropriate government it also provides for appointment of additional judges to the fast track courts by the appropriate government it further provides that the expenditure in respect of the salaries, allowances and pensions payable in respect of the judges and additional judges of the fast track courts shall be charged on the consolidated fund of the respective states and in respect of union territories on the consolidated fund of india clause 5 provides that the appropriate government shall appoint public prosecutors and additional public prosecutors for the purposes of this act clause 6 provides that the appropriate government shall provide adequate number of officers and staff to assist the fast track courts in their functioning the expenditure in respect of states shall be met out of the consolidated fund of the respective states however, the expenditure in respect of union territories shall be met out of the consolidated fund of india it is estimated that a sum of rupees fifty crore will be involved as recurring expenditure per annuma non-recurring expenditure of rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill provides that the appropriate government may make rules for carrying out the purposes of this bill as the rules to be made relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha—————— a billto establish fast track courts for trial of cases involving criminal charges against elected representatives————(shri baijayant panda, mp)gmgipmrnd—1429ls(s3)—01-11-2014

Parliament_bills

36f6e637-b744-5c79-8b57-7bc1a3e48699

bill no xii of 2014 the central vigilance commission (amendment) bill, 2014 a billto amend the central vigilance commission act, 2003be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the central vigilance commission (amendment) act, 2014short title and commencement(2) it shall come into force with immediate effect45 of 2003amendment of section 552 in the central vigilance commission act, hereinafter referred to as the principal act, in section 5—(a) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) subject to the provosions of sub-sections (3) and (4), the central vigilance commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment for another term when the public interest so requires, or till he attains the age of seventy years, whichever is earlier:provided that the central vigilance commissioner,on ceasing to hold the office after his second term, shall be ineligible for reappointment in the commission in any capacity(b) in sub-section (2):—5(i) for the words "four years" and "sixty-five" the words "five years" and"seventy" respectively shall be substituted(ii) before the existing first proviso the following proviso shall be inserted, namely:10provided that notwithstanding anything in this act, every vigilance commissioner, shall be eligible for reappointment in the same capactiy and in the public interest, his term may also be extended by the central government, by notification in the official gazette, for the period specified in the notification(iii) in the existing first proviso, after the word "provided" the word"further"shall be inserted15(iv) in the existing second proviso, for the word "further" the word "also"shall be substituted3 for section 7 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 7 secretariat of the commission20"7(1) the commission shall have a secretariat consisting of such number of officers and members of the staff as the commission may deem necessary for the efficient functioning of the commission(2)the parliament may by law regulate the recruitment and conditions of service of the persons appointed to the secretarial staff of the commission:25provided that until provision is made by parliament under this sub-section the rules and regulations applicable to the central government employees shall be applicable to the secretarial staff of the commission mutatis mutandis(3) notwithstanding anything in this act, the commission shall be at liberty to formulate action plan to attract talent for specialized function of vigilance for its efficient functioning by providing ample opportunities for promotions and better emoluments and such other incentives as the commission may deem fit and necessary"304 in section 8 of the principal act,—amendment of section 8(a) for clause (f), the following clause, shall be substituted, namely:—3549 of 1988"(f) tender advice in cases forwarded by central bureau of investigations in all cases investigated by it in which it considers necessary to initiate prosecution for such prosecution sanction is required under any law for the time being in force to be issued in the name of the president of india and to determine whether or not sanction is required for prosecution and for resolving difference of opinion and shall also review the progress of applications pending with the competent authorities for sanction of prosecution under the prevention of corruption act, 1988" (b) in clause (h), for the existing proviso the following proviso, shall be substituted, namely:"provided that the commission may initiate at such intervals as it consider expedient and suitable review of procedures and practices of administration in so far as they relate to maintenance of integrity in administration" statement of objects and reasonswith a view to prevent the corruption, the santhanam committee was constituted by the government in the sixties and on its recommendation the central vigilance commission was set up by the central government by a resolution in 1964in 1997, the government constituted an independent review committee to suggest measures for strengthening inter-alia anti-corruption activities as part of its efforts against corruption the review committee recommended for conferring statutory status to the central vigilance commission during the same year, the supreme court of india also directed to make the central vigilance commission a statutory bodyin 1998, statutory status was granted through an ordinance and finally a bill for this purpose was passed by both the houses of parliament and assented to by the president of india and act came into force in 2003 however, vide a resolution of department of personnel and training (dopt) it was provided that the central vigilance commissioner will ordinarily hold office for a term of three years which was changed to four years in the act the resolution also provided for extending the term of office of the central vigilance commissioner in public interest but this provision was not incorporated in the actnow the life expectancy of the people in our country has substantially increased and people do not feel any difficulty in working actively upto seventy years and more for the benefit of the nation and to utilize the vast experience, government is raising the age of retirement for scientists, teachers, doctors and others it is also very common that the hon'ble judges of the apex court retire after attaining the age of sixty-five years and many of them are thereafter appointed to head various commissions, tribunals etc in many cases for five years and more it is felt that on the same lines the central vigilance commissioner/ vigilance commissioner(s) should initially be appointed for five years and in the public interest should be reappointed for another termsince, vigilance is a specialized function which requires talented and well-trained sfaff with high integrity for this the commission have to attract talent required for its efficient functioning and talent will be attracted if there are ample opportunities of promotions, better emoluments and incentives at least as par with the staff of cbi in order to achieve this, the central vigilance commission needs to have functional autonomy to decide on number of officers and staff required at various levels for its efficient functioning hence, it is felt that it should have a separate secretariatthere are certain other important suggestions which have been incorporated in this bill which will improve the functioning of the commission and also confer some necessary powers on the commissionhence, this billrajkumar dhoot financial memorandumclause 3 of the bill provides for the establishment of secretariat of the central vigilance commission the bill, therefore, if enacted would involve expenditure from the consolidated fund of india the recurring and non-recurring expenditure 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 annexure extracts from the central vigilance commission act, 2003 (45 of 2003) 5 (1) subject to the provisions of sub-sections (3) and (4), the central vigilance commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier the central vigilance commissioner, on ceasing to hold the office, shall be ineligible for reappointment in the commissionterms and other conditions of service of central vigilance commissioner(2) subject to the provisions of sub-sections (3) and (4), every vigilance commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier:provided that every vigilance commissioner, on ceasing to hold the office, shall be eligible for appointment as the central vigilance commissioner in the manner specified in sub-section (1) of section 4:provided further that the term of the vigilance commissioner, if appointed as the central vigilance commissioner, shall not be more than four years in aggregate as the vigilance commissioner and the central vigilance commissioner(3) the central vigilance commissioner or a vigilance commissioner shall, before he enters upon his office, make and subscribe before the president, or some other person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in schedule to this act(4) the central vigilance commissioner or a vigilance commissioner may, by writing under his hand addressed to the president, resign his office(5) the central vigilance commissioner or a vigilance commissioner may be removed from his office in the manner provided in section 6(6) on ceasing to hold office, the central vigilance commissioner and every other vigilance commissioner shall be ineligible for—(a) any diplomatic assignment, appointment as administrator of a union territory and such other assignment or appointment which is required by law to be made by the president by warrant under his hand and seal(b) further employment to any office of profit under the government of india or the government of a state (7) the salary and allowances payable to and the other conditions of service of—(a) the central vigilance commissioner shall be the same as those of the chairman of the union public service commission;(b) the vigilance commissioner shall be the same as those of a member of the union public service commission: provided that if the central vigilance commissioner or any vigilance commissioner is, at the time of his appointment, in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the government of india or under the government of a state, his salary in respect of the service as the central vigilance commissioner or any vigilance commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:provided further that if the central vigilance commissioner or any vigilance commissioner is, at the time of his appointment, in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any central act or a government company owned or controlled by the central government, his salary in respect of the service as the central vigilance commissioner or, as the case may be, the vigilance commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:provided also that the salary, allowances and pension payable to, and the other conditions of service of, the central vigilance commissioner or any vigilance commissioner shall not be varied to his disadvantage after his appointment| | | | | | ||------|------|------|------|------|-----|7 the central government may, in consultation with the commission, make rules with respect to the number of members of the staff of the commission and their conditions of servicepower to make rules for number of members by central govt 8 (1) the functions and powers of the commission shall be to —functions and powers of central vigilance commission49 of 19882 of 1974(a) exercise superintendence over the functioning of the delhi special police establishment in so far as it relates to the investigation of offences alleged to have been committed under the prevention of corruption act, 1988 or an offence with which a public servant specified in sub-section (2) may, under the code of criminal procedure,1973, be charged at the same trial;25 of 1946(b) give directions to the delhi special police establishment for the purpose of discharging the responsibility entrusted to it under sub-section (1) of section 4 of the delhi special police establishment act, 1946: provided that while exercising the powers of superintendence under clause (a) or giving directions under this clause, the commission shall not exercise powers in such a manner so as to require the delhi special police establishment to investigate or dispose of any case in a particular manner;49 of 1988(c) inquire or cause an inquiry or investigation to be made on a reference made by the central government wherein it is alleged that a public servant being an employee of the central government or a corporation established by or under any central act, government company, society and any local authority owned or controlled by that government, has committed an offence under the prevention of corruption act, 1988 or an offence with which a public servant may, under the code of criminal procedure, 1973, be charged at the same trial;2 of 197449 of 19882 of 1974(d) inquire or cause an inquiry or investigation to be made into any complaintagainst any official belonging to such category of officials specified in sub-section (2) wherein it is alleged that he has committed an offence under the prevention of corruption act, 1988 and an offence with which a public servant specified in sub-section (2) may,under the code of criminal procedure, 1973, be charged at the same trial;49 of 19882 of 1974(e) review the progress of investigations conducted by the delhi speical policeestablishment into offences alleged to have been committed under the prevention of corruption act, 1988 or the public servant may, under the code of criminal procedure, 1973, be charged at the same trial;49 of 1988(f) review the progress of applications pending with the competent authoritiesfor sanction of prosecution under the prevention of corruption act, 1988;(g) tender advice to the central government, corporations established by or under any central act, government companies, societies and local authorities owned or controlled by the central government on such matters as may be referred to it by that government, said government companies, societies and local authorities owned or controlled by the central government or otherwise;(h) exercise superintendence over the vigilance administration of the various ministries of the central government or corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government: provided that nothing contained in this clause shall be deemed to authorise the commission to exercise superintendence over the vigilance administration in a manner not consistent with the directions relating to vigilance matters issued by the government and to confer power upon the commission to issue directions relating to any policy matters;(2) the persons referred to in clause (d) of sub-section (1) are as follows:—(a) members of all-india services serving in connection with the affairs of the union and group 'a' officers of the central government;(b) such level of officers of the corporations established by or under any central act, government companies, societies and other local authorities, owned or controlled by the central government, as that government may, by notification in the official gazette, specify in this behalf: provided that till such time a notification is issued under this clause, all officers of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred to in clause (d) of sub-section (1) rajya sabha———— a billto amend the central vigilance commission act, 2003————(shri rajkumar dhoot, mp)gmgipmrnd—1093rs(s4)—11072014

Parliament_bills

2f939376-acdb-57ee-9ef4-a19976843748

the unorganised workers' social security (amendment) bill, 2010 a billto amend the unorganised workers' social security act, 2008be 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 unorganised workers' social security (amendment)act, 2010(2) it extends to the whole of india5(3) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint33 of 2008amendment of section 22 in section 2 of the unorganised workers' social security act, 2008, (hereinafter referred to as the principal act),—(i) for clause (l), the following clause shall be substituted, namely:—10"(l) "unorganised sector" means an enterprise owned by individuals orself-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the said enterprise is not covered under the definition of factory in the factories act, 1948;"63 of 1948(ii) after clause (l), the following clause shall be inserted, namely:—15"(la) "social security" means measures, framed by the central or the stategovernment in collaboration with the employment providers for welfare of workers engaged in unorganised sector, such as, old age pension, unemployment allowances, maternity benefits, life insurance cover, accident and medical facility, provident fund, etc;"3 in section 3 of the principal act,—amendment of section 3(i) for sub-section (1), the following sub-sections shall be substituted, namely:—| "( | 1 | ) the central government shall, by notification in the official ||----------------------------------------------------------------------------|-----|-------------------------------------------------------------------|| gazette, establish the unorganised workers' social security fund for the | | || welfare of unorganised sector workers | | || 5 | | || unorganised | | || workers' | | || social security | | || fund | | || ( | 1a | ) the central government shall as soon as may be, by notification || in the official gazette, establish a welfare fund known as the unorganised | | || workers' social security fund for the purpose of this act to which there | | || shall be credited such moneys as may be received from donations, grants, | | || contributions, and other aids etc | | || 10 | | || ( | 1b | ) all moneys received in the welfare fund shall be utilised for || the welfare of the unorganised sectors, workers in such manner as the | | || central government may prescribe from time to time | | || 15 | | || ( | 1c | ) the central government shall, after due appropriation made by || parliament, by law in this behalf, credit to the fund such sums as may be | | || necessary for the purpose of this act | | |(ii) in sub-section (2) after the words "welfare schemes" the words "for all the workers of unorganised sectors", shall be inserted(iii) after sub-section (4), the following sub-section shall be inserted, namely:—20(4a) safeguards and benefits framed under the unorganised workers' social security schemes shall be operated by the central government with the assistance of any nationalised financial institutions"amendment of section 54 in section 5 of the principal act, after sub-section (8), the following sub-section shall be inserted, namely:—25"(9) the national board shall be assisted by a secretariat which shall comprise such officers and employees as may be prescribed"amendment of section 65 in section 6 of the principal act, after sub-section (8), the following sub-section shall be inserted, namely:—"(9) the state board shall be assisted by a secretariat which shall comprise such officers and employees as may be prescribed"306 after chapter v of the principal act, the following chapter shall be inserted, namely:— 'chapter va| insertion ||--------------|| new chapter || va | redressal mechanism35redressal mechanism model10a (1) the central government shall establish a redressal mechanism model for theunorganised workers engaged in every profession, which shall include local administration, employer or employment provider, police or any other authority(2) the disputes and grievances relating to employment, livelihood, rehabilitation, etc, shall be resolved in an amicable atmoshpere and in a just manner" statement of objects and reasonsthe unorganised workers' social security act, 2008 was passed with the objective of providing appopriate and sufficient social security to the workers engaged in the unorganised sector of the country it would be pertinent to mention that ninety-four per cent workers of the country are engaged in the unorganised sector so, it is the moral responsibility of the government to provide social security to the workers working on such a large scale the unorganised workers' social security act, 2008, is certainly a commendable step in this direction but this act cannot be considered to be sufficient because its provisions appear more as a formality it is not surprising that a large number of workers engaged in the unorganised sector are dissatisfied with the provisions of the unorganised workers' social security act, 2008 the most important issue is that 'social security' has not been defined legally in this act besides, the provisions of the act are either in many ways insufficient or do not reflect the main objective of providing social security to the work force therefore, it is expedient to amend the unorganised workers' social security act, 2008 it is the moral responsibility of the government because the workers engaged in the unorganised sector make two-third contribution in national productivity in view of the above, the unorganised workers' social security (amendment) bill, 2010 is being proposedhence, this billprabhat jha financial memorandumclause 3 of the bill provides for the establishment of the unorganised workers' social security fund, and makes it obligatory for the central government to provide requisite funds for carrying out the purposed of the bill clause 4 and clause 5 provide for the establishment of a secretariat for assisting the national social security board as well as the state social security board the bill, if enacted, will involve expenditure from the consolidated fund of india and it is difficult to calculate the expense at this juncture a non-recurring expenditure of rupees one hundred crore may also involve from the consolidated fund of india annexure extracts from the unorganised workers' social security act, 2008 (33 of 2008) definitions2 in this act, unless the context otherwise requires,— (l) "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; framing of scheme3 (1) the central government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers on matters relating to—(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) the schemes included in the schedule 1 to this act shall be deemed to be the welfare schemes under sub-section (1) (4) the state government may formulate and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to—(a) provident fund; (b) employment injury benefit; (c) housing;(d) educational schemes for children; (e) skill upgradation of workers; (f) funeral assistance; and (g) old age homes———— a billto amend the unorganised workers' social security act, 2008————(shri prabhat jha, mp)gmgipmrnd—943rs(s3)—05-08-2011

Parliament_bills

cae17807-9ec4-55b8-b757-2a98a064abcf

bill no 130 01 1987 the chandigarh (delegation of powers) bill, 1987 billto pr01,ide fcyl' the delegation of powers vested in the administratcyl' of the union territory of chandigarh be it enac~ by parliament in the thirty-eighth year of the republic of india as follows:-1 (1) this act may be called the chandigarh (delegation of powers) short act, 1987 title and extent (2) it extends to the whole of the union territory of chandigarh de1lnition 2 in this act, unless the context otherwise requires, "administrator" means the administrator qf the union territory of chandigarh appointed by the president under article 239 of the constitution delegation of powers, etc, etted in administrator 3 (1) any power, authority or jurisdiction or any duty which the 10 administrator may exercise or discharge under any law in force in the union territory of chandigarh may be exercised or discharged also by such officer or other authority as may be specified in this behalf by the central government or the administrator by notification in the official gazette i (2) the administrator may transfer any appeal or application for revision or any other matter pending before him for dispasal to an officer or other authority competent under sub-section (1) to dispose of the same (3) the administrator may withdraw for disposal by himself any 5 appeal or application for revision or any other matter pending before an officer or other authority competent under sub-section (1) to dispose of the same - validation 4 notwithstanding any judgment, decree or order of any court or tribunal or other authority to the contrary, where any power, autho- 10 rity or jurisdiction or any duty which the administrator may exercise or discharge under any law in force in the union territory of chandigarh had been exercised or discharged by any officer or other authority before the commencement of this act, such power, authority, j~is­diction or duty shall be deemed to have been validly and effectively 15 exercised or discharged by such officer or other authority as if the provisions of sub-section (1) of section 3 were in force at all material times when such power, authority or jurisdiction was exercised or such duty was discharged and that officer or other authority had been specified as an officer or other authority by the central government or the 20 administrator in that behalf under the said sub-section, and accordingly, no suit or other proceeding shall be instituted, maintained or continued in any court or tribunal or before other authority on the ground that such officer or other authority was not competent to exercise such power, authority or jurisdiction or to discharge such duty 25 statement of objects and reasonsthe statutory powers of the central government and the state government under certain laws in their application to the union territory of chandigarh are with the administrator of the union territory of chandigarh accordingly, the administrator is required to exercise those statutory powers besides this, he is also required to discharge the functions of a quasi-judicial authority under certain other statutes 2 at present, the governor of punjab is concurrently designated as the administrator of the union t(!rritory of chandigarh in his capacity as administrator, he is required to exercise the said statutory powers and discharge the said quasi-judicial functions as a result, several appeals and review cases are pending for disposal by the administrator and it is not practiable for him to dispose of them expeditiously it is, therefore, proposed to vest such powers of the administrator in any officer or other authority as may be specified in this behalf by the central government, or the administrator by notification in the official gazette 3 it is reported that due to ex,rediency of the work the powers and functions of the state government and central government which were normally to be exercised by the administrator, have been exercised by ,some other officers and authorities'y· accordingly, a need has arisen to valfruite ·sucli-'~~tions' ( , :" :'1' ," ; ',' '-• ,' ••• 4 the bill seeks to achieve the above objects new deim:; chintamani pantgrahi the 4th december, 1987 bill to provide for the delegation of powers vested in the administrator of the union territory of chandigarh (shri chintamani panigrahi, minuter of state in the ministry of home affair) i

Parliament_bills

d535e742-9660-5d08-a7b1-f2c9fff64b0a

bill no 91 of 2007 the appropriation (no 4) bill, 2007 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 2007-08be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 this act may be called the appropriation (no 4) act, 2007short title2 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 thirty-three thousand two hundred ninety crore, eighty-seven lakh rupees only towards defraying the several charges which will come in the course of payment during the financial year 2007-08 in respect of the services specified in column 2 of the scheduleissue of rs 33290,87,00,000 out of the consolidated fund of india for the financial year 2007-08appropriation3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and purposes stated in the schedule in relation to the said yearthe schedule(see sections 2 and 3)123 sums not exceeding noservices and purposesvoted bycharged on theofparliamentconsolidatedtotal votefund1department of agriculture and cooperation revenue1067,95,00,0001067,95,00,0002department of agricultural research andeducation revenue1,00,0001,00,000capital96,00,00,00096,00,00,0003department of animal husbandry, dairying andfisheries revenue3,00,0003,00,0005atomic energy revenue1,00,0001,00,000capital2,00,0002,00,0009ministry of civil aviation revenue548,01,00,000548,01,00,00010ministry of coal revenue127,19,00,000127,19,00,00011department of commerce revenue900,01,00,000900,01,00,000capital29,78,00,00029,78,00,00012department of industrial policy and promotion capital5,00,00,0005,00,00,00013department of posts capital17,00,00017,00,00014department of telecommunications capital1,00,0001,00,00017department of consumer affairs revenue2,00,0002,00,00018department of food and public distribution revenue278,86,00,000278,86,00,00019ministry of culture revenue34,96,00,00034,96,00,00031ministry of external affairs revenue100,01,00,000100,01,00,00032department of economic affairs revenue1,00,0001,00,00033payments to financial institutions capital1500,00,00,0001500,00,00,000charged—interest payments revenue4500,00,00,0004500,00,00,00035transfers to state and union territorygovernments revenue7763,28,00,0007763,28,00,000capital1500,00,00,0001500,00,00,00046department of health and family welfare revenue280,51,00,000280,51,00,000capital2,30,00,0002,30,00,00050ministry of home affairs revenue99,00,00099,00,00051cabinet revenue74,00,00,00074,00,00,00052police revenue1,00,0001,00,00056department of school education and literacy revenue2,00,0002,00,00057department of higher education revenue1,00,0001,00,00058ministry of information and broadcasting revenue4,92,00,0004,92,00,000capital1,00,0001,00,00059ministry of labour and employment revenue4,00,0004,00,000capital750,00,00,000750,00,00,00061law and justice revenue2,00,0002,00,00063ministry of mines revenue585,34,00,000585,34,00,000capital1,00,0001,00,000 rs rs rs| 1 | 2 | 3 ||-------------------------------------------------|---------------------------------------------------------|-----------------|| sums not exceeding | | || no | services and purposes | voted by || of | parliament | consolidated || | | || vote | fund | || 64 | ministry of minority affairs revenue | 1,00,000 || 66 | ministry of overseas indian affairs revenue | 1,00,000 || 67 | ministry of panchayati raj revenue | 1,00,000 || 70 | ministry of petroleum and natural gas revenue | 11256,93,00,000 || 74 | lok sabha revenue | || 5,00,000 | | || 5,00,000 | | || 78 | department of rural development revenue | 1,00,000 || 80 | department of drinking water supply revenue | 1,00,000 || 86 | ministry of micro, small and medium enterprises revenue | 4,05,00,000 || (previously—ministry of small scale industries) | | || 87 | ministry of social justice and empowerment revenue | 200,01,00,000 || 90 | ministry of steel revenue | 4,27,00,000 || 91 | ministry of textiles revenue | 1454,03,00,000 || capital | 1,00,000 | || 93 | ministry of tribal affairs revenue | 1,00,000 || 18,42,00,000 | | || 18,43,00,000 | | || 99 | department of urban development capital | 142,02,00,000 || 16,50,00,000 | | || 158,52,00,000 | | || 100 | public works capital | 45,00,00,000 || 102 | ministry of water resources revenue | 1,00,000 || t | | || otal | | || | 27254,74,00,000 | || 6036,13,00,000 | | || 33290,87,00,000 | | || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 2007-08p chidambaram ———— president's recommendation under article 117 of the constitution of india[copy of letter no f4(14)-b(sd)/2007 dated the 19th november, 2007 from shri p chidambaram, 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 further sums from and out of the consolidated fund of india for the services of the financial year 2007-08, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation (no 4) bill, 2007 in lok sabha and also the consideration of the bill———— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2007-08————(shri p chidambaram, minister of finance)mgipmrnd—4698ls(s5)—21112007

Parliament_bills

13a2b1b9-6848-5d9f-a2e0-c996d8adf9d0

;:, the tea (amendment) bill, 1969 a billfurther to amend the tea act, 1953· bi: it enaeted by parliament in the twentieth year of the republic of india as follows:-1 this act may be called the tea (amendment) act, 1969 short title 21 f 1' • z in the tea act, 1953 (hereinafter referred to as the principal act), insertion 5 after section 26, the following section shall be inserted, namely: -of new section 26a "2ia the central goverddlent may, after due appropriation grants made by parliament b, law ill this behalf, pa, to the board 'y w, and loans of puts or loans ialch sums of modey as the central govemmeat by the may coilsider d4tees88l'7" centra] government to the board 10 3 in section 27 of the principal act, in sub-aection (1), after clause (a), amendthe followina clauee shall be inserted, namely:-ment of ilectfon "(44) any sum of money that may be paid to the board by way 27 of grantb or loane under section 26a;" t : section 48 of the pridcipal act, for sub-section (3), the following sub-section shall be substituted, namely:-amaadmedtot uet10n 41 \, • (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 5 in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the seaion immediately following, both rouses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have e1fect only in such modified form or be of no effect, as 10 the case may be; so, however, that any such modijication or annulment shall be without prejudice to the nudity of anything previously done under that rule the tea act, 191>3 (29 of 1953), which came into force on the 1st april, 1954 seeks to provide for the control by the union government of the i tf,:$ indu3try and for that puq>ose to establish a tea board the act l80 j~eek& to levy a tiuty of excise on tea produced in india section 10' of the act sets out the various m~aiures which the tea boud might, tn"d,er the (;ontrol of the central government, take for the development of the tea industry in pursuance of the provilions of this section, the tea board has been operating schemes through which it advances 10118 ~ loans to the lea :ndustry for undertaking extenllions or replantationa a icheme for the supply of tea machinery to the tea estatel on bire-purchue terms is also heidg operated these schemes are ftnanced by loans ivneed by the central government to the tea board it has also been ~tly decided, on a review of the requirements of the tea industry for tenn development, to assist this tndu8try with a 8ulbtddy fgr replantation of old overaged bushes with a view to ensuring a detnbte level of replantation 'mlere is no provision in the act for the tea board recelving either grants-in-aid or loans of the kind that are being advanced to it by the central government it is, therefore, considered necessary to amend the tea act, 1953, to enable the tea board to receive grant or loans from the central government for financing schemel for the development of the tea industry and also to credit such moneys to the tea fund to which the net proceeds of the ces~ are credited and from which the expenses of the board are met 2 the present bill is intended to enable the above objects to be achieved 3 opportunity is being taken to substitute sub-section (3) of section 4q of the act relating to the laying at the rules before each house of parliament to bring it into conformity with the present pattern chowdhury ram sewak naw dahi; the 19t1t february, 1969 president's recommendation under article 117 of the constitution of indiarcopy of letter no 8(3)-plant(a) 188, dated the 18th february, 1_ from chowdhary ram sewak, deputy minister of foreign trade ad supply to the secretary, lot sebba] the president having been informed of the tea (amendment) btu, 1969, recommends, under article 117(1) and (3) of the eontitution of tndia the introduction and conslderatton 01 the bm in the lok sabha clause 2 of the bill provides for grants or lo~ to be made by tbe central government to the tea board since the cess collected· under section 25 of the tea act, 1953, is not sufficient to meet the cost of the development schemes of the tea industry, such as tea plantation finance scheme, tea machinery hire-purchase scheme and the tea plantation subsidy scheme these grants or loans by the central government are intended to ensure that the activities of the tea board do not receive a set-back the exact amount which may be paid by way of grants or loans will vary from year to year during 1968-69, a provision of rs 130 lakhs for granting loans and a provision of rs 575 lakhs for gran tine subsidy under the replantation subsidy scheme have been accepted for 1969-70, the provisions accepted for granting loans and subsidy are respectively rs 116 lakhs and rs 4360 lakhs it is estimated that a provision of about the same order will be required annually thereafter since the provisions of new section 26a are pennissive and not mandatory, it is possible for the central government to regulate the expenditure in ,any case no such expenditure will be incurred without due appropriation made by parliament from time to time in this behalf annexure extracts from thli tiia aer, 1953 (29 of 1953) - • - •27 (1) there shall be formed a fund to be called the tea fund, and constithere shall be credited theretotution of fund (a) the proceeds of the cess made over to the board by the central government; - - - - - - - ft (1) - - - - - - - power of central (3) all rules wlder this act shall, as soon as they are made, be laid govern-before both houses of parliament ment to make - - - - - fujeti ---a bill further to amend the tea act, 1953-(slif'i chofjilhury ram seroak, deputy minister in the ministry of foreign trade and supply)

Parliament_bills

3f9ecce0-2a60-5670-8438-00b500bf2257

the assam reorganisation blll no 1i1oflh9 (meghalaya) bill, 1969 arrangement of clauses part i clausl short title and commencement 2 definitions part ii formation of the autonomous stata of meghalaya3 formation of meghalaya 4 executive power of meghalaya 5 extent of executive power of meghalaya 6 council of ministers 7 other provisions as to ministers 8 advocate-general for meghalaya 9 conduct of business 10 duties of chief minister as respects the furnishine of information to governor, etc part iii thi lbgislatuu general11 constitution of the legislature of megllalaya 12 delimitation of constituencies 13 power of election commission to maintain delimitation orden u}>-to-date 14 electors and electoral rolls 15 right to vote 16 qualification for membership 17 election to the legislative assembly 18 duration of legislative assembly 19 sessions of legislative assembly, prorogation and dissolution 20 right of governor to address and send messages to legislative assembly 21 special address by the governor 22 rights of minister as respects legislative aisembly officer, of the legidative auembly23 speaker and deputy speaker of legislative assembly 24 speaker and deputy speaker not to preside while a resolution for his removal from office is under consideration 25 secretariat of legislative assembly conduct of btuiness26 oath or affirmation by members '1:1 voting in assembly, power of assembly to act notwithbtand~ ing vacancies and quon&iil disqualifications oj members28 vacation of seats 29 disqualifications for membership 30 penalty for sitting and voting before making an oath or amr~ mation or when not qualified or when disqualified 31 powers, privileges, etc, of members 32 salaries and allowances of memben legislative powers and procedure33 extent of legislative power 34 exemption from taxation of properties of the union and the state of assam and of certain vehicles registered in assam or meghalaya 35 inconsistency between laws made by parliament and laws made by the legislature of meghalaya 36 inconsistency between laws made by the legislature of the state of assam and laws made by the legislature of megbalaya 37 special provisions as to financial bills 3& procedure as to lapsing of bills 39 assent to bills 40 bills reserved for consideration 41 requirements as to sanction and recommendation to be regarded as matters of procedure only procedure in financial matter&42 annual financial statement ~ procedure in legislative assembly with respect to estimates ·m appropriation bills 45 supplementary, additional or excess grants 46 votes on account and exceptional grant procedure generally47 rules of procedure • restrictions on discussion in the legislative auembly 49 courts not to enquire into the proceedings of legislative aaiembly legiblatit1e power of the governor 50 power of governor to promulgate ordinances during receii of legislative assembly part iv financial provision's51 consolidated fund 52 contingency fund 53 custody of suitors' deposits and other moneys received by public servants and courts 54 custody, etc, of consolidated fund, contingency, fund and moneys credited to the public accounts 55 certain duties levied by assam to be approfjrtated by meghalaya 56 distribution of revenues 57 authorisation of expenditure pending its sanction by legislative assembly part v assets and liabilltibi!j58 apportionment of assets and liabilities part vi administrative relanons59 obligation of meghalaya, the state of assam and the union· 60 control over the autonomous state in certain casel 61 entrustment of functions part vii tltansmonal pftovisions62 provisions as to provisional legislative assembly part vol miscellaneous provisions63 special committee for development of shillong 64 provisions as to continuance of courts 65 provisions relating to services 66 continuance of existing laws and thelr adaptations 67 autonomous state to be a state for certain purposes of the constitution clau" se power of governments of assam and meghalaya to carry on trade, etc, in meghalaya 69 power to suspend provisions of this act in case of failure of constitutional machinery 70 construction of references to "state" and "state government" in other laws in relation to meghalaya 71 power to construe laws 72 effect of provisions of act inconsistent with other lawi 73 power to remove difficulties 74 amendment of -the sixth schedule 75 amendment of act 2 of 1934 76 amendment of act 37 of 1956 77 power to make rules the first schedule the &econd schedule the third schedule the fourth schedule billto provide for the formation within the state of assam of an autonomo\18 state to be known as meghazaya and for matters connected tht-tewilth be it enacted by parliament in the twentieth year of the republic of india as follows:- part i preliminary5 1 (1) this 'act may be called the assam reorganisation laya) act, 1969 (2) it shall come into force on such date as the central ment may, by notification in the 0fficial gazette, appoint: (megha- short title and govern- commencement provided that different dates may be appointed for different provi-10 sions of this act 2 in this act, unless the context otherwise requires,-deftni-(a) "appointed day" means such date as the central government tiona may, by notification in the official gazette, appoint for the formation of the autonomous state; (b) "article" means an article of the constitution; 15 (c) "autonomous state" means the autonomous state of megh -laya formed under section 3; (d) "constituency" means a territorial constituency provided by order made under section 12 for the purpose of election to the legislative assembly; 20 (e) "election commission" means the election commission appointed by the president under article 324; (f) "governor" means the governor of assam exercising his functions as governor in relation to meghalava by virtue of this act; (g) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument, having immediately before the appointed day, the force of law in the whole or in any part of the autonomous state; (h) "legislative assembly" meana the legislative aasembly of meghalaya; (i) ''meghalaya'' means the autonomous state referred to in section 3; (;) "member" means a member of the legislative assembly; 5 (k) "official gazette" means the official gazette of meghalaya or the gazette of india; and (l) "prescribed" means prescribed by rules made under this act part ii formation of the autonomous state 01-' mbghalayaformation of meghalaya 3 (1) on and from the appointed day, there shall be formed within the state of assam an autonomous state to be known as meghalaya which shall, subject to the provisions of sub-section (2), comprise the following tribal areas, namely:-(i) the united kbasi-jaintia hills district as described in lub-is paragraph (2) of paragraph 20 of the sixth schedule to the constitution (exclusive of the proviso thereto) but excluding the areas transferred to the mikir hills autonomous district by the notification of the government of assam no tadir/31150/149 dated the 13th april, 1951, and (ii) the garo hills district specified in part a of the table appended to paragraph 20 aforesaid (2) if, before such date as the central government may, by notification in the official gazette, fix for the purpose not being a date later than the appointed day, the district council for the autonomous district zs of the north cachar hills or the mikir hills or both, as the ease may be, has or have by resolution passed by a majority of not less than twothirds of the members thereof expressed a desire that the said autonomous district or districts shall form part of meghalaya, the president may, by order, make a declaration to that effect and accordingly, on and 30 from the appointed day, the north cachar hills district or the miktr hills district or both, as the easf' may be shall also form part of meghalaya 4 (1) the executive power of meghalaya shall be vested in the governor and shall be exercised by him either directly or through 3' oftlcers subordinate to him in accordance with this act (2) nothing in this section shall-executive power of meehalay • (4) be deemed to transfer to the governor any functions conferred by any existing law on any other authority; or (b) prevent parliament or the legislature of the state of assam ,,0 or meghalaya from conferring by law functions on any authority subordinate to the governor s (1) subject to the provisions of this act, the executive power of extent meghalaya shall extend to the matters with respect to which the legisla- of ~xeture of meghalaya has power to make laws: cutlve power provi-ded that in any matter with respect to which the legislature of of 5 meghalaya, the legislature of the state of assam and parliament have melbapower to make laws, the executive power of meghalaya shall be subject laya to, and limited by the executive power expressly conferred by this act or by any law made by parliament upon the union or the state of assam or the authorities thereof or, as the case may be, by the legislature of lo the state of assam upon the state of assam or authorities thereof (2) on and from the appointed day, the executive power of the state of assam shall not extend, in relation to meghalaya, to the matters with respect to which the legislature of meghalaya has exclusive power to make laws under this act 15 (3) for the removal of doubts, it is hereby declared that, save as· otherwise provided in this act, the executive power of the state of assam shall, in relation to meghalaya, continue to extend to the matters with respect to which the legislature of meghalaya has no power to make laws 6 (1) there shall be a council of ministers with the chief minister coujt :ao at the head to aid and advise the governor in the exercise of his funcco ot tions in relation to meghalaya ministers (2) the question whether any, and if so, what, advice was tendered by ministers to the governor shall not be inquired into in any court 7 (1) the chief minister shall be appointed by the governor and the other 25 other ministers shall be appointed by the governor on the advice of the provi-chief minister and the ministers shall hold office during the pleasure of mona ~~~ ~ (2) the council of ministers shall be collectively responsible to the ters legislative assembly 30 (3) before a minister enters upon his office, the governor shall administer to him the oaths of office and of secrecy according to the form set out for this purpose in the first schedule (4) a minister who for any period of six consecutive months is not a member of the legislative assembly shall at the expiration of that period cease to be a minister " (5) the salaries and allowances of ministers shall be such as th e legislature of meghalaya may from time to time by law detennine and, until the legislature so determines, shall be determined by the governor s (1) the governor may, if he thinks fit to do so, appoint a person advo-40 who is qualified to be appointed a judge of a high court to be advocate- ~=~_ general for meghalay3 ral for (2) it shall be the duty of the advocate-general to give advice to the ~-government of meghalaya upon such legal matters, and to perform such other duties of a legal character as may, from time to time, be refel"ced 4s or assigned to him by the governor, and to discharge the func~lon8 c?nferred on him by or under this act or any other law for the time bemg in force (3) the advocate-general shall hold office during the pleasure of the governor, and shall receive such remuneration as the governor may 50 determine 9 (j) all executive action of the government of meghalayashall be expressed to be taken in the name of the governor conduct 01 business (2) orders and other instruments made and executed in the name of the governor shall be authenticated in such manner as may be specified in rules to be made by the governor, and the validity of an order or ins-5 trument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the governor (3) the governor shall make i:ules for the more convenient tradiaction of the business of the government of meghalaya and for the ahoea-10 tion among ministers of the said business 10 it shall be the duty of the chief minister of meghalaya-(a) to communicate to the governor all decisions of the council of ministers relating to the administration of the affairs of ~alaya and proposals for legislation; is (b) to furnish such information relating to the administration of the affairs of meghalaya and proposals for legislation as the governor may call for; and (c) if the governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been 20 taken by a minister but which has not been considered by the council duties of chief minil· ter as respects the fur-dishing of information to governor etc , part iii the legislaturegeneral 25 11 (1) there shall be a legislature for meghalaya which shall consist of the governor and the legislative assembly (2) the total number of seats in the legislative assembly to be filled consti tution of the leala-iature of melhalaya by persons chosen by direct election from constituencies in meghalaya shall be fixed by the central government by nottfieation in the oftlclal 30 gazette after consultation with the election commission, but shall not be less than thirty-five or more than fifty-ftve (3) the governor may, if he i9 of opinion that any minority communities in meghalaya need representation in the legislative assembly and are not adequately represented therein, nominate not more than three 3s members of such communities, not being persons in the service of the government, to the legislative assembly - delimitation of constituenc1es 12 (1) the election commission shall, in the manner herein provided, distribute the total number of seats in the lepslative assembly as axed under sub-section (2) of section 11 to single member constituencies add 40 delimit them on the basis of the latest censull figures havin, regard to the fouowinic provitrions, namely:-(a) all constituencies shah as far as practicable consist of geographically compact areas and in delimiting them, regard shall be had to the physical features existing boundaries of admini8tra-4~ tive units, facilities of communication and pubuc convenience; (b) every constituency shall be so delimhed as to fall ouly within an assembly constituency of the legislative assembly of the state o{ as8am; (c) the population of each constituency shall, as far as practi s cable, be the same throughuut meghalaya (2) for the purpose of 8s5isting the election commimien ita the performance of its fundions under this section, the commission hh ciate with itself such number of as~jate meftlbers not mceedid, five as the governor may nominate to represent mcghalaya: 10 provided that none of the associate loomber~ ·shall have a right to vote or to sign any decision of the election commission (3) if owing to death or resignation, the office of an associate member faus vacant, it shall be filled as soon as may be practicable by the governor in accordance with ijle provisions of sub-section (2) 15 (4) the election commission shall-(a) publish its proposals for the delimitation of constituencies, to gether with the dissenting proposals, if any, of any associate member who desires publication thereof in the official gstette and in such other manner as the commission may consider fit, together with a 20 notice inviting objections and suggestions in relation to' the proposals and specifying a date on or after which the proposals whl be further considered by it; (b) consider all objections and suggestions which may ba~ been received by it before the date so specified and for the purpose 25 of such consideration hold one or more public sittings at such place or places as it may think fit; (c) after considering all objections and suggestions whieh may have been received by it before the d'ltc so specified, determine by one or more orders the delimitation of constituencies and cause such 30 order or orders to be published in the official gazette; and upon such publication, the order or orders shall have the full force of law and stmll not be called in question in any court (5) as soon al!! may be after such publication, every such order shall be laid before the legislative assembly 35 (6) upon the completion of each census, thetota,l number of seats in the legislative assembly and the division of meghalaya into terri· torial constituencies shall be readjusted by such authority and in such mnnner as parliament may by law determine: provided that such readjustment shall not hffect represetitation in the 40 legislative assembly until the dissolution of tb~ then e:odsting a8sembl~' explanation-in this section "latest census figures" mean the census figures with respect to meghalaya ascertainable from the latest census of which the flnally pu blfshed flgurps nte avana hi" 11 (1) the election commission may, from time to tim~, by notiftca tion in the otftcial gazette,-(,,) correct any printing mistake in ftny order made under section 12 or any error arising therein from inadvertent slip or omis-~~; 5 power of election cornmis-ilion to maintain delimitatloa orden! up-todate, (b) where the boundaries or name of any territorial division mentioned in any such order arc or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date (2) every notification under this section shall be laid, as soon as may 10 be after it ia issued, before the legis1<ltive assembly i:lectoh and electoral rollll 43 of 15 1910 14 (1) the persons mtitled to vote at an election of members' shall be the persons entitled by virtue of the provisions of the constitution and the representation of the people act 1950 to be registered as voters at elections to the house of the people (2) the electoral roll for every constituency shall consist of so much of the electoral roll for an assembly constituency of the legislative assembly of the state of assam as relates to the areas comprised within each such constituency and it shall not be necessary to prepare or revise separately the electoral roll for any such constituency 20 hi,ht to vote 15 every person, whose name is for the time bein,g entered in th~ electoral roll for a constituency, shall be entitled to vote at the election of a member from that constituency 16 a person shall not be qualified to be chosem to fill a seat in th~ legirlativ~ assembly unless he-25 qualification for membership (a) ifl a citizen of india nnd makes and subscribes berlore som~ person authorised in that behalf iw the election commission an oath or atftnnation according to the form set out for the purpose in the p'irst schedule; (b) is not less than twenty-five years of age: and 30 (c) is an elector in :my ('onstituenry in meghalaya t'f the provision!! of part i chapters di and iv of part ii and part or; election to the ie-iiiiiatift allllembly m to xi of the representation of the people act, 1951, and of any rule~ 43 of and orders made thereunder for the time betng in force, shall apply to 1911 and in relation to the elections to the legislnth;e assembly of meghabya 35 as they apply to and ill relation to an election to the ra,~slative \sselnbly of a state, subject to such modiftcations as the pre'!ident may after coilmltation with th ei~tior commission b:\, nrder direct 18 the legislative assembly unless soonf~r dissolved, shall continue for five years from th~ date appointed for its first meeting and no longer 40 and the expiration of the said perio-l i)f 1',,'0 "'''m~ sn;111 operatp as a dis- eolutlon of the legislative' assembly: duration of ielillative asernbl, provided that the said period ma~· while ::l proclamrtion t"ff emergency issued under clau~(' (1) of article 3')2 io; in :"'iperatjon he extended by parliament by law for :\ peri()~ not (,:"c(,ee-clint{ one year at a time nnd not 4~ extending in any case beyond n per;od of six months aftpt the proclamatfon has ceased to operate, 19 (1) the governor shall, from time tu time, summon the legisla- settive assembly to meet at such time and place as he thinks fit, but six al0m ot mol1ths shall not jntervene betwl;!l;!n its last sitting in one session and the~gj·· date appointed for its first sitting in the next session ~!~_ {2) the governor may, from time to time,-5 (a) prorogue the legislative assembly; biy, prorogation and dis-iolutlon (b) cusso1\c the legislative assembly 20 (1) the governor may address the legislative assembly and may ri,ht for: that purpose require the attendance of members at governor 10 (2) the governor may send messages to the legislative assembly, to addwhether with respect to a bill then pending in the legislative assembly ress or otherwise and when a message is so sent, th& legislative assembly and send shall with all convenient despatch consider any matter required by the =~ message to be taken into consideration to le gislative assembl, 15 n (1) at the commencement of the first session after eact general special election to the legislathre assembly and at the commencemmt of the addr8ls ftrst session of each year, the governor shall address the legislative by the assembly and inform the assembly of the causes of it summons governor (2) provision shall be made by the rules regulating the procedure of 20 the legislative assembly for the allotment of time for disc\li8ion of the matters referred to in such address 22 every ministel' and the advocate-general for meghalaya shall rights· have the right to speak in, and otherwise to take part in the proceedings ot mia of, the legislative assembly, and to speak in, and otherwise to take part lsters , 25 in the proceedings of, any committee of the legislative assembly of as rellwhich he may be named a member, but shall not, by virtue of this sec- i:;: tion, be entitled to vote lative assem- ovjrcers of the legislative assemblll bly23 (1) the legislative assembly shall, as soon as may be, choose two speaker 30 members of the assembly to be respectively speaker and deputy speaker and thel'eol and, so often as the office of speaker or deputy speaker becomes desppukty ea er vacant, the assembly shall choose another member to be speaker or of le,ia-deputy speaker, as the case may be lative ai •• iil-(2) a member holding office all speaker or deputy speaker of the bly 3s legislative assembly-(a) shall vacate his oflice i! he ceases to be a member of the assembly; (b) may at any time by writing under his hand addressed, i1 such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, reaign hia office; and (c) may be removed from his office by a resolution of the legialative assembly passed by a majority of all the then memberll of the asembly: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: provided further that whenever the legislative assembly is dis· solved, the speaker shall not vacate his office until immediately before ~ the first meeting of the assembly after the dissolution (3) while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the legislative assembly all the governor may appoint for the purpose 10 (4') during the absence of the speaker from any sitting of the legislative assembly, the deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the legisl'stive assembly, or, if no such person is present, such other person as may be determined by thf' legislative assembly, shall act as speaker (5) there shall be paid to the speaker and the deputy speaker ot the legislative assembly such salaries and allowances as may be respectively fixed by the legislature of meghalaya by law and, until provision in that behalf is so made, such salaries and allowances as the governor may, by order, determine 20 speaker lind deputy speaker not to preside while 14 (1) at any sitting of the legislative assembly, while any resolution for the removal of the speaker from his oftice is under consideration, the speaker, or, while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside, and the provisions of 25 sub-section (4) of section 23 shall apply in relation to every such sitting as they apply in relation to a sitting from which the' speaker or, as thf'l case may be, the deputy speaker is ab!'lent i resolution for hw removal from oft\ce 1 under codiideration (2) the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any 30 resolution for his removal from office is under consideration in the legislative assembly and shall, notwithstanding anything in section 2'1, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes 35 25, (1) the l(~~is]ative assembly shall have a sl'parate secretarial itaft seer tarlat of lelillattv aimmbi), (2) the legislatul't' of meghalaya may by law regulatt· the recruitment, and the conditions of service of persons appointed, to the gec-retartal staff of the- legislative assembly 40 (3) until provision is made by the legislature of meghalaya under s\tb-sectlon (2), the governor may, after consultation with the speakpr of the legislative as~emhly, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the legislative assembly, and any rule~ so made shau have etrect sub- 5 ject to the provisions of any law made under the said sub-section 26 every member of the legislative assembly shall, before takiug oath or his seat, make and subscribe befotre the governor, or some person ap- affirmapointed in that behalf by him, a-n oath or at1lrm1ltion accordinf{ to the tion by 5 fonn set out for the purpose in the first schedule ::~-rz (1) save as otherwise provided in this act, all questions at any voting sitting of the legislative assembly shah be determined by a majority in assemof votes of the members present and voting other than the speaker or bly po\\'-person acting as such aer ot slem-10 (2) the speaker or person acting as such shall not vote in the first bly to instance, but &hall have and exercise a casting vote in the case of an ~~:h~t~~dequality of votes ing (3) the legislative assembly shall have power to act notwithstanding vncdsncies an any vacancy in the membership thereof, and any proceedings in the legis- quorum 15 lative assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings (4) until the legislature of mcghalaya by law otherwise provides, the quorum to constitute a meeting of the legislative assembly shall be 20 ten members (5) if at any time during a meeting of the legislative assembly there is no quorum, it shall be the duty of the speaker or person acting as such either to adjourn the assembly or suspend the meeting until there' i!'i a quorum disqualifications of members28 (1) no person shall be a member of parliament or of the legis- vaealative assembly of the state of auam and also of the legislative tion of assembly of meghalaya, and if a person is chosen a member of parha- leata ment or of the legislative assembly of assam and also of the legislative assembly of meghalaya, then, at the expiration of such period, as 30 may be specified in rules made by the president, that person's seat in parltanumt or,as the case may be, in the legislative assembly of asaam shall become vacant unless he has previously resigned his seat in the legislative assembly of meahalaya 35 (2) if !l member of the legislative assembly-(4) becomes subject to any of the disqualifications mentioned in section 29, or (b) resigns his seat by writing under his hand addressed to the speaker, 40 his seat shall thereupon become vacant (3) if for a period of sixty days a member of the legislative assembly is without permi'ssion of the legislative assembly absent from u meetings thereof, the assembly may declare his seat vacant: provided that in computing the said period of sixty days no account f5 shall be taken of any period during which the legislative asaetnbly is proroeued or is adjourned for more than four consecutive day • disquali-28 (1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly,-ftcation~ for memh(~i'­ship government of government of legislature of 5 (a) if he holds any office of profit under the india or the government of any state or the meghalaya other than an office declared by the meihalaya by law not to disqualify its holder; or (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the 10 citizenship of a foreign state or is under any acknowleidgement of allegiance or adherence to a foreign state; (e) if he is so disqualified by or under any of the provisions of chapter iii of part ii of the representation of the people act, 1951, as applied to and in relation to the legislative assembly by section 17 (2) for the purposes of this section, a person shall not be deemed to hold an office of profit under the government of india or the government of any state or the government of meghalaya by reason only, that he is a minister either for the union or for such state or for 20 meghalaya (3) if any question arises as to whether a member has become disqualified for being such a memher under the provisions of sub-section (1) the question shall be refen-ed for the decision of the governor and his decision shall be final (4) before giving any decision on any such question, the governor shall obtain the opinion of the election commission and shall act according to such opinion 30 if a person sits or votes as a member of the legislative assembly before he has complied with the requirements of section 26 or when 30 he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by parliament or the legislature of meghalaya, he shall be liable in respect of each day on which he so sits or votes, to a penalty of five hutldred rupees to he recovered as a deht due to meghalaya 35 penalty for sitting and votin, before makin, an oath or affirmation or when not qualifled or when dilqualifted powers, privileges etc, of members 31 (1) subject to the provlslons of this act and to the rules and standing orders regulating the procedure of the legislature of megha]aya there shall be freedom of speech in the legislative assembly of meghalaya (2) no member of the legislative assembly of meghalaya shall be afl liable to any proceedings in any court in respect of anythini said or any vote etc iivi!n by him in the assembly or any committee thereof, and no person shall be so liabl~ in respect of the publication by or under the authority of the assembly of any report, paper, votes or proceedings (3) in other respects, the powers, privileges and immunities of the 5 legislative assembly and of the members and the committees thereof shall be sueh as may from time to time be defined by the legislature of meghalaya by law, and until so defined, shall be those for the time being enjoyed by the house of the people and its members and committees (4) the provisions of sub-sections (1), (2) and (1) shall apply in 10 relation to persons who by virtue of this act have the right to speak in, or otherwise to take part in the proceedings of, the legislative assembly 'ot any committee thereof as they apply in relation to members of that assembly 32 members of the legislative assembly shall be entitled to receive salaries 15 such salaries and allowances as may froml time to time be determined by and the legislature of meghalaya by law and, until provision in that respect allowani~ eo made, such salaries and allowances as the governor may, ,by order ::;~rs determine legislative powers and procedure20 33 (1) subject to the provisions of this act, the legislature of megha- extent laya has ·exclusive power to make laws for meghalaya or any part there- of ,legisof with respect to 'anv of the matters enumerated in part a or part b ot laptlve ower the second schedule: provided that the exclusive power of the legishture of meghalaya 25 lo make laws in so far as it relates to that part of the area comprised within the municipality of shillong as immediately before the commencement of the constitution formed p~rt of the khasi state of mylliem, shall extend only to matters with respect to which the district council having authority in that area has power to make laws (in whatever (orm it may 30 be) immediately before the appointed day in exercise of any of the powers conferred by the sixth schedule to the constitution (2) subject to the provisions of this act, the legislature of meghalayr and the legislature of the state of assam also shall have power to make laws for meghalaya or any part thereof with respect to any of the mat-35 ten enumerated in part c of the second schedule: provided that the powej: of the legislature of meghalaya to make any such law shall not extend to the area comprised within the municipality of shiilong which immediately before the commencement of the constitution forme~ part of the khasi state of mylliem 40 (3) for the removal of doubts it is hereby declared that nothing in sub-section (1) or sub-section (2) shall derogate from the powers conferred by the constitution-(a) on parliament to make laws for the whole or any part of the state of assam, including meghalaya, with respect to any of the mattt'r~ enumerated in the second schedule; or 45 (b) on the legislature of the state of assam to make laws for the whole or any part of assam, including meghalaya, with respect to any of the matters enumerated in list ii or list iii in the seventh schedule to the constitution except in so far as any of the matters aforesaid falls within sub-section (1) 5 34 (1) the property of the union shall; save in so far as parliament may by law otherwise provide, be exempt from all taxes imposed by meghalaya or by any authority within meghalaya (2) nothing in sub-section (1) shall, until parliament by law otherwise provides, prevent any authority within meghalaya from levying aoy tax 10 on any property of the union to which such property was immediately before the commencement of this act liable or treated as hable 1h) long r~ that tax continues to be levied in meghalaya (3) the property of the state of assam shall, so long as the property of meghalaya in the rest of assam is exempt from taxes imposed by the 15 government of assam or by any authority within the state of assam, be exempt from all taxes imposed by meghalaya or by any authority within meghalaya exemption from taxation of propertie! of the union and the state of as!lnm and of certain vehicles l"egi!-tered ill assam or meghalaya (4) no vehicle registered at any place in the state of assam not being a place in meghalaya, and transiting through meghalaya shall be liable 20 to any tax under any law enacted by thp 'leogi!!lature of meghalaya so long as any vehicle registered at any place in meghnlayfl and transiting through the territory of assa~ (not comprised in meghalaya) is exempt from payment of any tax under any law enacted by the legislature of the state of assam 25 35 (1) if any provision of a law made by the legislature of meghalaya is repugnant to any provision of a law made by parliament which parliament is competent to enact, or to any provision of any existing law with respect to one of the matters enumerated in the concurrent list in the seventh schedule to the constitution then, subject to the provi-30 !'dons of sub-section (2), the law made by parliament, whether passed before or after the law made by the legislature of meghalaya cr, as the case may be, the existin,g law shall prevail and the law made by the legislature of mcghalaya shall, to the extent of the repugnancy, be v'oi9 inc'onsistency between laws made by parliament and laws made by the legislature of meghalaya (2) where a law made by the legislature of meghalaya with respect 35 to one of the matters enumerated in the concurrent list in the seventh schedule to the constitution which the legislature of meghalaya is competent to enact under this act contains any provision repugnant to the provisions of an earlier law made by parliament or an existing law with respect to that matter, then, the law so made by the legislature of me· 40 ~halaya shall if it has been reserved for the consideration of the prec;jdent and has received his assent prevail in meghalaya: provided that nothing in this sub-section shah prevent parliament from enacting at any time anv law with respect to the same matter includin~ fl lrw adding to amending varyin~ or r6pealin~ the law so mad-e by th£' 45 legislaturf' of me~halhya ii where a law made by the legislature of meghalaya with respect inconabto one of the matters enumerated in part c of the second schedule con- tency tains any provision repugnant to the provision of an earlier law made by :een the legislatw'e of the s~ate of assam which that leg151ature is competent made by , to enact, or to any prllvision of any existing law with respect to that mat- the legiater, then, the law so made by the legislature of meghalaya shall, to the lature of extent of the repugnancy, be void unless the law has received assent !~e!:~ under section 39 a~r the governor has obtained the advice of the chief and laws minister of assam: made by i the 10 provided that nothing contained in this section shall prevent the legis- ~lisla-iture of the state of assam from enacting at any time any law with o~~ba­respect to the same matter including a law adding to, amending, varying la;ya or repealing the law so made by the legislatw'e of meghalaya explanation j -in this section and in sections 35 and 59 "existing law" 15 means any law, ordinance, order, bye-law, rule or regulation passed or made before the appointed day by any leigislatw'e, authority or person having power to make such a law, ordinance, order, bye-law, rule or regulation i explanation 2-1n this section and in secti<ms 39 and 50, the refer-20 ence to the advice of the chief minister of assam shall, while a proclamation issued in relation to the state of assam under clause (1) of article 356 of the constitution is in operation, be construed as a reference to the instructions from the president 37 (1) a bill or amendment shall not be introduced into, or moved special 2s in, the leiislative assembly except on the recommendation of the gov- proviernor if such bill or amendment makes provisions dealing with any of sions u the following matters, namely:-~flnanl but"' cia umi (a) the imposition, abolition, remission, alteration or regulation of any tax; 30 (b) the regulation of the borrowing of money or the giving of any guarantee by meghalaya, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by meghalayaj (c) the custody of the consolidated fund or the contingency 35 fund of meghalaya, the payment of moneys into, or withdrawal of moneys from, any such fundj (d) the appropriation of moneys out of the consolidated fund of meghalayaj (e) the declaring of any expenditure to be expenditure charged ",0 on the consolidated fund of meghalaya, or the increasing of the amount of any such expenditurej <f) the receipt of money on account of the consolidated fund of meghalaya or the public account of meghalaya or the custody or issue of such money: 45 provided that no recommendation shall be required under this subsejction for the moving of an amendment making provision for the reciuction or abolition of any tax (2) a bill or amendment shall not be deemed to make provision for any of the matters specified in sub-section (1) 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, al-5 teration 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 meghalaya, shall not be passed by the legislative assembly unless the governor has recom- 10; mended to the assembly the consideration of the bill 38 a bill pending in the legislative assembly shall not lapse by reason of the prorogation of the assembly, but shall lapse on a dissolution thereof pr0-cedure as to lapsing of bills assent to billj 39 when a bill has been passed by the legislative assembly, it shall is be presented to the governor and the governor shall 'declare either that he assents to the bill or that he withholds assent thehefrom or that he reserves the bill for the consideration of the president: provided that the governor may, as soon as possible after the presentation to him of the bill for assent, return the bill if it is not a money :30 bill together with a message requesting that the legislative assembly will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments : as he may recommend in his message and, when a bill is so returned the legislative assembly shall reconsider the bill accordingly, and if the 25 bill is passed again by the assembly with or without amendment 'and presented to the governor for assent, the governor shall not-(a) give assent in the case of a bill containing provisions of the nature referred to in section 36 except after obtaining the advice 01 the chief minister of assam; 30 (b) withhold assent in the case of any other bill explanation-for the purposes of this section and section 40, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 37 or any matter incidental to any of those matters and there is endorsed 35 thereon the certificate of the speaker of the legislative assembly signed by him that it is a money bill: provided that a bill shall not be deemed to be a money bill 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 ser-040 vices 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 bill 40 when a bill is reserved by the governor for the consideration of reserved the president, the president shall declare either that he assents to the 045'· for con-bill or that he withholds ass,ent therefrom: deration provided that where the bill is not a money bill, the president may direct the governor to return the bill to the legislative assembly together with such a message as is referred to in section 39, and when a bill is so returned, the legislative assembly shall reconsider it accord-singly within a period of six months from the date of receipt of such message, and if it is again passed by the legislative assembly with or without amendment, it s1')a11 be presented again to the president for his consideration '1 no act of the legislature of meghalaya and no provision in any require-10 such act shall be invalid by reason only that some recommendation or menu previous sanction required by the constitution or this act was nots to given, if assent to that act was givensandction an re-(a) where the recommendation required was that of the gover- commennor, either by the governor or by the president; dation to be 15 (b) where the recommendation or previous sanction required regardwas that of the president, by the president eel as matters ot proce-procedure in financial matter dure only 42 (1) the governor shall in respect of every financial ye'ar cause annual to be laid before the legislative assembly a statement <1f the estimat~d finan-20 receipts and expenditure of meghalaya for that year, hereinafter refer- cial red to as "the annual financial statement" :=-(2) the estimates of expenditure embodied in the annual financial statement shall show separately-(a) the sums required to meet expenditure described by this 25 act as expenditure charged upon the consolidated fund of meghalaya; and (b) the' sums required to meet other expenditure proposed to be made from the consolidated fund of meghalaya, and shall distinguish expenditure on revenue account from other 30 expenditure (3) the following-, 1 "lditure shall be expenditure charged upon the consolidated fund 'i~: meghalaya-(a) the salaries and allowances of the speaker and the deputy speaker of the legislative assembly; 3s (b) debt charjjtes for which the autonomous state is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; (c) any sums required to satisfy any judgement, decree or 40 award of any court or arbitral tribunal; and (d) any other expenditure declared by the cobstitution or by the legislature of meghalaya to be so charged 43 (1) so much of the estimates as relates to expenditure charged proceupon the consolidated fund of mejjthalaya shall not be submitted to the d~ in 45 vote of the legislative assembly, but nothing in this sub-section shall ::j~:­aaiembly with respect to est!-maw be construed as preventing the discussion in the legislative assembly of any of those estimates (2) so much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or 5 to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein (3) no demand for a grant shall be made except on the recommendation of the governor appropriation bi11& 44 (1) as so'on as may be after the grants under section 43 have 10 been made by the legislative assembly, there shall be introduced a b1ll to provide for the appropriation out of the consolidated fund of meghalaya of all moneys required to meet-(a) the grants so made by the legislative assembly; and (b) the expenditure charged on the consolidated fund of is meghalaya, but not exceeding in any case the amount shown in the statement previously laid before the assembly (2) no amendment shall be proposed to any such bill in the legislative assembly which will have the effect of varying the amount or alter-20 ing the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of meghalaya, and the decision of the person presiding as to whether an amendment is inadmissible under this sub-section shall be final (3) subject to the provisions of sections 45 anod 46, no money shall 25 be withdrawn from the consolidated fund of meghalaya except under appropriation made by law passed in accordance with the provisions of this section 45 (1) the governor shall,-supplementary, addltionalor ucesl gants (a) if the amount authorised by any law made in accordance 30 with the provisions of section 44 to be expended for a particular service for the current financial year is found to be insufficient for the purpose of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial 3' statement for that year, or (b) if any money has been spent on any service during a ftnan~ cial year in excess of the amount granted for that service and for that year, cause to be laid before the legis:ative assembly another statement show'~ 40 ing the estimated amount of that expenditure or cause to be presented to the legislative assembly a demand for such excess, as the case may be (2) the provisions of sections 42, 43 and 44 shall have effect in relation to any such statement and expenditure or demand and also to any 4s law to be made authorising the appropriation of moneys out of the consolidated fund of meghalaya to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of meghalaya to s meet such expenditure or grant 46 (1) notwithstanding anything in the foregoing provisions of votel this part, the legislative assembly shall have poweron account (a) to make any grant in advance in respect of the t;'c;bmated and expenditure for a part of any financial year pending the completion excep-10 (1f the procedure prescribed in section 43 for the voting of such grant tiona! and the passing of the law in accordance with the provisions of sec- grant tion 44 in relation to that expenditure; (b) to make a grant for meeting an unexpected demand upon the resources of the autonomous state when on account of the magni· 15 tude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year; 20 and the legislature of meghalaya shall have power to authorise by law the withdrawal of moneys from the conso'lidated fund of meghalaya for the purpose for which the said grants are made (2) the provisions of sections 43 and 44 shall have eft'ect in relation to the making of any grant under sub-section (1) and to any law to be 25 made under that sub-section, as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of meghalaya to meet such expenditure 30 procedure gtmerally 47 (1) the legislative assembly may make rules for regul&tfng, mb- rulesot ject to the provisions of this act, its procedure and the conduct of its proce· business including the language or languages to be used in the legislative dure assembly 35 (2) until ru11'5 are made under sub-section (1), the rule~ of proepdure and standing orders with respect to the lerislative as~embly of the state of assam in force immedirtely before the commencement of this act ~hal1 have effect in relation to the legislative assembly imbject to such modifications and adaptations as may be made therein by the governor 40 48 no discussion shal1 take place in the-le~slative a~semblv with restricrespect to the conduct of any junge of the ~unr~me court, or of ~ high ~ona o~ court, in the discharge of his duties in sc~:lllon legislative a!sembly 49 (1) the validity of any proceedings in the legislative a!'i~embly court8 shan not be called in que-stion on the ground of any allered irrelnjlarlty not to ~f ed ~~ o proc ure into the proceed-(2) no offtcer or member of the lerislative a!'i8embly in whom powet~ ~:i~~! are ve!'lt!"d by or under this act for regulating procedure or the conduct tive of business or for mgintaining order in the tjelrislative assemblv hall aaeembly be subject to the jurisdiction ot any court in respect ot the exerclse by him of those powers legislative power 01 the governorpow'erot 50 (i) if at any time, except when the legislative assembly is in governor session, tht! governor is satisfied that circumstances exist which render s ~oa:omu1- it necessary for him to take immediate action, he may promulgate such ordi-ordinances as the circumstances appear to him to require: nance during provided that the governor shall not without instructions from the receaaof president, promulgate any such ordinance, if-legialative assembly (a) a bill containing the same provisions would under the cons-10 titution or this act have required the previous sanction of the president for the introduction thereof into the legislative assembly of meghalaya; or (b) he would have deemed it necessary to reserve a bill con taining the same provisions for the consideration of the president; or is (c) an act of the legislature of meghalaya containing the same provisions would under this act have been invalid unless, having been reserved for the consideration of the president, it had received the assent of the president: provided further that the governor shall not, except on the advice of 20 the chief minister of assam, promulgate any such ordinance if with respect to a bill containing the same provisions he would have deemed it necessary under this act to obtain the advice of the chief minister before assenting thereto (2) an ordinance promulgated under this section shall have the same 2s force and effect as an act of the legislative assembly assented to by the governor, but every such ordinance--(a) shall be laid before the legislative assembly and shall cease to operate at the expiration of six weeks from the reassembly of the legislative assembly or if before the expiration of that period a 30 resolution disapproving it is passed by the legislative assembly, upon the passing of the resolution; and (b) may be withdrawn at any time by the governor (3) if and so far as an ordinance under this section makes any provision which would not be valid if enacted in an act of the legislature of 3s meghalaya assented to by the governor, it shall be void: provided that-(a) for the purposes of section 35 relating to the effect of an act of the legislature of meghalaya, which is repugnant to an act of parliament or an existing law with respect to a matter enumerated 40 in the concurrent list in the seventh schedule to the constitution, an ordinance promulgated under this section in pursuance of instructions from the president shall be deemed to be an act of the legislature which has been reserved for the consideration of the president and assented to by him; (b) for the purpoaes of section 36 relating to the effect of an act of the legislature of meghalaya which is repugnant to an act of the legislatul'e of the state of assam or an existing law with respect to a matter enumerated in part c of the second schedule, an ordinance promulgated under this section on the advice of the chief minister of assam shall be deemed to be an act of the legislature which has been assented to on the advice of the chief minister part iv financial provisions10 51 (1) subject to the provisions of section 52, all revenue received by conloll the government of meghalaya, all loans raised by that government by dated the issue of treasury bills, loans or ways and means advances and all fund moneys received iby that government in repayment of loans shall form one consolidated fund to be entitled "the consolidated fund of meghalaya" is (2) all other public moneys received by or on behalf of the government of meghalaya shall be credited to the public account of meghalaya (3) no moneys out of the consolidated fund of meghalaya shall be appropriated except in accordance with law and for the purposes and in the manner provided in this act 20 52 the legislature of meghalaya may, by law, establish a contingency contin-fund in the nature of an imprest to be entitled "the contingency fund gency of meghalaya" into which shall be paid from time to time such sums fund as may be determined by such law, and the said fund shall be placed at the disposal of the governor to enable advances to be made by him out 25 of such fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the legislature of meghalaya by law under section 45 or section 46 30 53 all moneys received by or deposited with-custody (a) any officer employed in connection with the affairs of of s,ui meghalaya in his capacity as such, other than revenues or public ~::osita moneys raised or received by the government of meghalaya, or and other (b) any court within meghalaya to the credit of any cause, money matter, account or perlons, received by pubshall be paid into the public account of meghalaya lic ervanta end courtl 35 54 the custody of the consolidated fund and the contingency fund custody, of megbalaya, the payment of moneys into such funds, the withdrawal etc, of of moneys therefrom, the custody of public moneys other than those consolicredited to such funds received by or on behalf of the government of ~e: meghalaya, their payment into the public account of meghalaya and the contino 40 withdrawal of moneys from such account and all other matters connected gency with or ancillary to matters aforesaid shall be regulated by law made by fund the legislature of meghalaya, and, until provision in that behalf is so and money made, shall be regulated by rules made by the governor credit ed to the public accounts certaintaxes levied by assam to be appropriated by meihalaya 55 (1) notwithstanding anything contained in this act, any tax on the consumption or sale of electricity relatable to entry 53 in the state list in the seventh schedule to the constitution, and any tax on the sale or purchase of goods relatable to entry 54 in the said list levied by the government of assam shall be collected within meghalaya but not in-s eluding any area comprised within the municipality of shillong by the government of meghalaya, and the proceeds in any financial year of any such tax leviable within meghalaya shall not form part of the consolidated fund of ass3m, but shall form part of the consolidated fund of meehalaya 10 (2) where a tax relatable to cntry 54 in the state list aforesaid levied by the government of assam is collected by that government at the first point of sale or purchase of goods, such portion of the tax so collected as may be agreed upon by the governments of assam and meghalaya or in default of such agreement, as the central government may determine, is shall be payable to meghalaya (3) the laws with respect to the taxes referred to in sub-section (1) shall have effect subject to such exceptions and modifications as the central government, may, by order, specify for the purpose of giving effect to the provision of that sub-section 20 distribution o'! reve· nue • 56 (1) the vants-in-aid under clause (1) of article 275 and the share of the taxes on income, the distributable union duties of excise, the additional duties of excise on &,oods of spc(!ial importance and estate duty payable to the state of assam under the constitution (distribution of revenues) order, 1969, the union duties of excise (distribution) act, 25 1962, the additional duties of excise (goods of special importance) act, 3 of lq6j 1957 and the estate duty (distribution) '\ct, 1962, shall be construed, as !lb ot 19'7 from the appointed day, as payable to the state of assam and the auto-9 ot 1q82 nomous state of meh&"alaya in such proportion as the preisident may, by order, determine 30 (2) every order made by the president under sub-section (1) shall be laid before parliament as 800n as may be after it is made 57 the governor may, at any time before the appointed day, authorise such expenditure from the consolidated fund of meghalaya as he deems necessary for a period of not more than six months beginning with the 3' appointed day pending the sanction of that expenditure by the legislative assembly: authorisation of e%penditure pendinl ita sane· tim by lelilative auembl1· provided that the governor may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of meghalaya for any period not extending beyond the said period 40 of six months part v aneta and liabilities58 the assets and liabilities of the state of assam immediately before the appointed day shall be apportioned between that state and meghalaya 45 in accordance with the provisions contained in the third schedule apportiod-mentol aueta and llabiliti part vi administrative relationi51 the executive power of meghalaya shall be so exercised as to oblipensure compliance with the laws made by parliament, the legislature tion of 5 of the state of assam and any existing laws which apply in meghalaya, mechaand the executive power of the union and of the state of assam shall laya, the extend to the giving of such directions to meghalaya as may appear to astate of s8am the government of india or the government of assam, as the case may and the be to be necessary for that purpose union 10 00 the executive power of meghalaya shall be so exercised as control not to impede or prejudice the exercise of the executiv~ power of the over the union or the government of assam, as the case may be, and the execu- autonotive power of the union and the state of assam shall extend to the ~~~ i giving of such directions to meghalaya as may appear to the govern- cert:; is ment of india or the government of assam, as the case may be, to be cases necessary for that purpose 61 notwithstanding anything in this act,-entrust-20 (a) the government of assam may, with the consent of the ~e~t government of meghalaya, entrust either conditionally or uncondi- ~ion~c­tionally to that government or to its officers functions in relation to any matter to which the executive power of the state of assam extends: (b) the government of meghalaya mlly, with the consent of the government of assam, entrust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the executive power of meghalaya extends part vii transitional provisions62 (1) until the legislative assembly of megbalaya bas been provl-30 duly constituted and summoned to meet for the first session under siona u the provisions of part m, there shall be a provisional legislative to provl-assembly which shall consist of not less than thirty-five and not more ~:a­than fifty-five persons as the central government may, after consulta- tiv tion with the election commission, by order, determine, and such per- aem-35 lions shall be elected in the manner specified in sub-section (2) bly (2) subject to the provisions of sub-section (1), the members of the provisional legislative assembly shall be elected in the followinc manner, namely:-(a) there shall be an electoral college for each autonomous district within meghalaya which shall consist of the elected members of the district council thereof, and each electoral college shall elect such number of persons to the provisional legislative assembly a5 the president may, after con~ultation with the election commission, by order, determine; 45 (b) the election of members to the provisional legillauve ;asaemhlv shall be in accordance with the system of propertional representation by means of the single transferable vote and shall be subject to such rules as the central government may, after consultation with the' election commission, make' in this behalf :5 (3) the central government may nominate to the provisional legislative assembly not more than three persons, not being persodi in the service of the government, to represent any minority communities in meghalaya which in its opinion need representation in the assembly, (4) no person shall be qualified to be chosen as a member of the provisional legislative assembly unless he is a person whose name is for the time being entered in the electoral roll for so much of any 10 constituency of the legislative assembly of assam as is comprised within meghalaya and is not less than twenty-five years of age (5) if owing to death, resignation or otherwise, the office of a member of the provisional legislative assembly falls vacant, it may be filled up as soon as practicable under and in accordance with the foregoing is provisions of this section (6) the term of office of the members of the provisional legislative assembly shall expire immediately before the first meeting of the legislatjve assembly duly constituted under this act (7) the election by the electoral college under this section shall not 20 be called in question on the ground merely of the existence of a vacancy in the membership of any district council forming part of the electoral college (8) the provisional legislative assembly constituted under this section shall, for so long it is in existence, be deemed to be the legis- 25 lative assembly duly constituted under this act, and accordingly the provisions of part iii shall, so far as may be, apply in relation to the provisional legislative assembly as they apply in relation to the legislative assembly part viii miscellaneous provisionscommitdevelop-13 the central government may, in consultation with the governmenta of assam and meghalaya, by order, constitute a committee consisting of such number of persons as it may think fit for advising the two governments on matters of common interest with respect to 3s shillong in the field of education and water supply in particular, and with respect to its development and administration in general explanatwn-in this section, shillong shall mean the areas comprised within the cantonment and municipality of shillong and include such other areas adjoining the said cantonment or municipality as may 40 be agreed upon by the governments of assam and meghalaya in this behalf proviliona to conti nuance of courta all courts and tribuna]s and all authorities discharging lawful functions throughout meghalaya or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the 45 provisions of this act or until other provision is made by a com;etent authority, continue to exercise their respective functions 65 (l? ever~ person who being a member of an all-india service is provi for the time bemg borne on the assam state cadre of that service or is siam otherwise serving in connection with the affairs of the state of assam relating as a member of class i service of that state may be required by the to er· s government of that state to serve in connection with the affairs of vices meghalaya for such period or periods as the government ot assam may, by order, direct: provided that no such order shall be made-(a) before the appointed day, except with the approval of the 10 central government; and (b) on or after the appointed day, except after consulting the government of meghalaya (2) subject to any general or special order which the central government may make in this behalf, the control over any such person as 15 is referred to in sub-section (1) shall, for so long as he is required to serve in connection with the affairs of meghalaya, be vested :n the government of meghalaya (3) such persons serving in connection with the affairs of the state of assam immediately before the appointed day, not being a person 20 referred to in sub·section (1), as may be determined by agreement between the government of assam and the government of meghalaya or in default of agreement, by the central government, may, notwithstanding anything in the terms of their appointments or their conditions of service, be required to serve in connection with the affairs of the auto-25 nomous state (4) all previous service rendererl by a person referred to in sub-»ection (3) in connection with the affairs of the state of assam shall be dee~ed to have been rendered in connection with the affairs of the autonomous state for the purposes of the rules re~ulating his conditions 30 of service (5) nothing in sub-sections (3) and (4) shall be deemed to affect the power of the legislature of meghalaya or the governor to determine the conditions of service of persons serving in connection with the affairs of meghalaya: 3s provided that the conditions of service applicable immediately before the appointed day to any person referred to in sub-section (3) shall not be varied to his disadvantage except with the previous apprctval of the government of assam 66 (1) all laws in force immediately before the appointed day in conti-40 the autonomous statp shall continue to br in force th~rein until altered, nuance at repealed or amended by a competent legislature or other competent existin, laws and authorlty their (2) for the purpose of facilitating the application in relation to the adapta autonomous state of any jaw made before the appointed day, the approtlo!1l 4s priate government may, within two years from that day, by order, make such adaptations or modifications of the law whether by way at repeal or amendment as may be necessary or expedient and thereupon ev('ry such law shall have effect subject to the adaptatifij1s nnd modification!' so made until altered, repealed or amended by 8 competent legislaturp or other competent authority ezplanation_-in this section, the expression "appropriate government" mears as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central 5 government, as respects any law relating to a matter in the second schedule, the government of meghalaya, and, as respects any other law the government of assam 67 subject to the other provisions contained in this act, reference to a state (by whatever form of words) in any of the following articles of 10 the constitution shall be construed as including a reference to the autonomous state, namely:-autonomou state to bea state tor certaln purposes 01 the conatitution articles 12 to 15 (inclusive), 16 [except clause (3) thereof], 18, 19, 23, 25, 28 to 31 (inclusive), 31a, 34 to 51 (inclusive), 58, 59, 66, 73, 102, 110(1) <f), 131, 138, 149, 150, 151, 161, 209, 210, 233, 234, 235, 237, 251, is 252, 256 to 258a (inclusive), 261, 262, 263, 268, 269, 270, 272, 274 to 280 (inclusive), 282, 288, 289, 293, 296, 298 to 305 (inclusive), 308 to 311 (inclusive), 320, 323(2), 324 to 329 (inclusive), 339 to 342 (inclusive), 345 to 348 (inclusive), 350, 350a, 350b, 353, 355 to 358 (inclusive), 360, 361, 364 to 367 (inclusive), 20 expla1l4tion-reference in any of the articles above specified to the high court or to the state public service commission shall be construed as reference to the high court of assam or the public service commission of the state of assam as the case may be 61 (1) the executive power which the government of assam may 25 exercise under article 298 in meghalaya for the carrying 011 of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the legislature of the state of assam may make laws, be subject to legisla-30 tion by the legislature of meghalaya power otoovernments ot assam and meghalaya to carryon trade, etc, in me,halaya (2) the executive power which the government of meghalaya may exercise under article 298 in meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade 35 or business or such purpose is not one with respect to which the legi lature of meghalaya may make laws, be subject also to legislation by the legislature of the state of assam u where a proclamation is issued under article 356 in rebpect of meghalaya the president may, by the same proclamation or a subsequent 40 proclamation varying it, suspend also, in whole or in part, the operation of any of the provisions of this act power to suspend prov!-siomot this act in cue c1ftaflureot codstitutiona! maehlnery 70 without prejudice to the provisions of sections 66 and 71 the cojwtne central government may, after consulting the government of assam, tion of by notification in the official gazette, declare that any reference toa referen_ "state" in a central act specified in the notification shall, in its appli- ::a=-, 5 cation to meghalaya, be construed as a reference to the whole or any and part of meghalaya and any reference to "state government" in a "state central act specified in the notification shall in its application to govern· ment" meghalaya be construed as a reference to the central government th mo er iawain relation to melbalaya 71 notwithstanding that no provision or insufficient provision has been power to 10 made under section 66 for the adaptation of a law made before the ap- conatrue 'pointed day, any court, tribunal or authority required or empowered to laws enforce such law may, for the purpose of facilitating its application in relation to the autonomous state, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the is matter before the court, tribunal or authority, as the case may be 7z the provisions of this act l:ihall have effect notwithstanding any- meet thing inconsistent therewith contained in any other law of provision of act incod-si6tent with other haws n (1) if any difficulty arises in giving effect to the provisions of this power to act, the president may, by order, do anything not inconsistent with such remove ~o provisions which appears to him to be necessary or expedient for the pur- diftlcui-pose of removing the difficulty tiea (2) every order made under this section shall be laid before both houses of parliament as soon as may be after it is made 74 the sixth schedule in the constitution shall stand amended specified in the fourth schedule 25 81 amendmentol the sixth schedule - 2 ot 1t1475 in section 21a of the reserve bank of india act, 19m, in sub- amendsection (1), after the words "any state", the brackets and words "(in- mental cluding the autonomous state of meghalaya)'f shall be inserted ~2 of 37 of 1956 76 in section 16 of the states reorganisation act, 1956, in sub-section amend-(1) for clause (d), the following clause shall be substituted, namely:- mentof ~ , ~h "(d) in the case of the eastern zone,-ollen (i) the chief minister and another minister of the autonomous state of meghalaya to be nominated by the governor of assam and if there is no council of ministers therein, not more than two members from the autonomous state of meghalaya to be nominated by the president; and (ii) the person for the time being holding the office of the adviser to the governor of assam for tribal areas 11 (1) the central government may, by notification in the official s gazette, make rules to give effect to the provisions of this act power to make rules (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 ses~ sion for a total period of thirty days which may be comprised in one session or in two successive sessions and, if before the expiry of the 10 session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that ,any such modification or annulment shall be without preju- is dice to the validity of anything previously done under that rule forms of oaths or affirmatiol'isi 5 form of oath or affirmation to be made by a candidate for election to the legislative assembly:-"i, ab, having ,been nominated 88 a candidate to fill a seat in the _ do swear in the name of god legislative assembly of meghalaya ---- that solemnly aftirm 10 i will bear true faith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india" n form of oath or affirmation to be made by a member of the legislativ~ j 5 assembly:-"i, ab, having been elected (or nominated) a member of the legisdo swear in the name of god lative assembly of meghalaya ------that i will solemnly affinn bear true faith and allegiance to the constitution of india as by law 20 established, that i will uphold the sovereignty and integrity of india and that i will faithfully discharge the duty upon which i am about to enter" ill form of oath of office for a member of the council of ministers:-swear in the name of god "i, ab, do i mnl ftlnn that i will bear true faith and 25 so e y a allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india, that i will faithfully and conscientiously discharge my duties as a minister for meghalaya, and that i will do right to all mariner of people in accordance with the cen-30 stitution and the law without fear or favour, affection or ill-will" iv fonn of oath of secrecy for a member of the council of ministers:-"i ab, do swear in the name of god solemnly affinn that i will not directly or in-35 directly communicate or reveal to any perlol1 or persons any matter which shall be brought under my consideration or shall become known to me as a minister for meghalaya except as may be required for the due discharge of my duties as such minister" (iee sections 33 and 36) autonomous state list[see sections 33 (1)] 5 matters with respect to which the legislative assembly has exclusive power to make laws part athe following matters enumerated or to the extent included in list u-state list· 1 village and town police within the meaning of clause (f) of sub-10 paragraph (1) of paragraph 3 of title sixth schedule to the constitution (entry 2) 2 administration of justice; constitution and organisation of all courts, except the supreme court and the high court; procedure in rent and revenue courts; fees taken in all courts except the supreme court 15 and the high court (entry 3) 3 prisons, refonnatories, borsta1 institutions and other institutions of a like nature, and persons detained therein; arrangements with the state of assam and other states for the use of prisons and other jnstitutions (entry 4) 20 4 local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village admiaistration (entry 5) 5 public health and sanitation; hospitals and dispensaries (entry 6) 2s 6 pilgrimages, other than pilgrimages to places outside india (entry 7) 7 intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors (entry 8) 8 relief of the disabled and unemployable (entry 9) 9 burials and burial grounds; cremaftons and cremation grounds 30 (entry 10) 10 education including universities, subject to the prclvisions of entries 83, 64, 65 and 66 of list i and entry 25 of list iii (entry 11) 11 ubraries, musewns and other similar institutions controlled or fin anced by the autonomous state; ancient and historical monuments and records other than those declared by or under law made by parliament to be of national importance (entry 12) 5 12 communications, that is to say, roads, bridges, ferries and other means of communication not specified in list i, but excluding roads, bridges and ferries declared by the legislature of assam by law to ~ state highways; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of list i and list iii with regard 10 to such waterways; vehicles other than mechanically propelled vehicles (entry 13) 13 agriculture, including agricultural education and research, protection against pests and prevention of plant diseases subject to the provisions of entry i of part c (entry 14) 15 14 preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice (entry 15) 15 pounds and the prevention of cattle trespass (entry 16) 16 water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power, subject to the 20 provisions of entry 56 of list i, but excluding water-supplies, irrigation and canals, drainage and embankments, water storage and water power in relation to irrigation, hydro-electric and navigation projects financed by the government of assam wholly or in part and declared by the legislature of the state of assam by law to be projects of state fmport-25 ance (entry 17) 17 land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans, colonization (entry 18) ! 30 18 forests, subject to the provisi9ns of entry 2 of part c (entry 19) 19 protection of wild animals and birds (entry 20) 20 fisheries (entry 21) 21 courts of wards subject to the provisions of entry 34 of list i; encumbered and attached estates (entry 22) 35 22 regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control of the union (entry 23) 23 aas and gas-works (entry 25) 24 trade and commerce within the autonomous state subject to the 40 provisions of entry 33 of list iii (entry 26) 25 markets and fairs (entry 28) 26 weights and measures except e5tablishment of standard (entry 2~) 27 mozwy·lending and money-lenders; relief of agricultural indebtedne~~ (entry 30) 28 inns and inn· keepers (entry 31) 29 incorporation, regulation and winding up of universities; unincorporated trading literary, scientific, religious and other societies and ~ a~sociations; co·operative societies (entry 32) 30 theatres and dramatic performances; cinemas subject to the provisions of entry 60 of list 1; sports, entertainments and amusements (entry 33) 31 betting and gambling (entry 34) }o 32 works, lands and buildings vested in or in the possession of th~ autonomous state (entry 35) 33 elections to the legislature of the autonomous state subject to the provisions of any law made by parliament (entry 37) 34 salaries and allowances of members, speaker and deputy speaker 1 'i of the legislative assembly (entry 38) 35 powers, privileges and immunities of the legislative assembly and of toe members and committees thereof, enforcement of attendance of per!lons for giving evidence or producing documents before committees of the legislature of meghal~ya (entry 39) 20 36 salaries and allowances of ministers for the autonomous state (entry 40) 37 public services of the autonomous state (entry 41) 38 pensions payab:e by the autonomous state or out of the consolidated fund of meghalaya (entry 42) 25 39 public debt of the autonomous state (entry 43) 40 treasure trove (entry 44) 41 land revenue, including the assessment and collection of revenue, the maintenance of land records, sw-vey for revenue purposes and records of rights, and alienaticm of revenues (entry 45) 42 taxes on agricultural income (entry 46) 43 duties in respect of succession to agricultural land (entry 47) 44 estate duty in respect of agricultural land (entry 48) 45 taxes on lands and buildings (entry 49) 46 taxes on mineral rights subject to any limitations imposed by 35 parliament by law relating to mineral development (entry 50) 47 duties of excise on the following goods manufactured or produced in the autonomous state and countervailing duties at the same or lower ra~s on similar goods manufactured or produced elsewhere in india:-(a) alcoholic liquors for human consumption; (b) opium indian hemp and other narcotic drugs and narcotics; but not including medicinal and toilet preparations containing alcohol or any substance included in su\)paragraph (b) of this entry (entry 51) 48 taxes on the entry of goods into a local area for consumption use or sale therein (entry 52) 49 taxes on advertisements other than advertisements published in the newspapers (entry 55) 5 50 taxes on goods and passengers carried by road or on inland waterways (entry 56) 51 taxes on vehicles, whether mechanically propelled or' not, suitable for use on roads including tram·cars subject to 'the provisions of ('ntry 35 of list iii (entry 57) 10 52 taxes on animals and boats (entry 58) 53 tolls (entry 59) 54 taxes on professions, trades, callings and employments (entry 60) 55 capitation taxes (entry 61) 56 taxes on luxuries, including taxes on entertainment, amwoements, 15 betting and gambling (entry 62) 57 rates of stamp duty in respect of documents other thag, those specified in the provisions of list i with regard to rates of st~mp duty (entry 63) 58 any other matter not enumerated in !his part and in respect of 20 which a district council has power to make laws under paragraph 3 or the sixth schedule in the constitution, to the extent to which it is not included in entry 16 of this part and entry 2 of part c 59 offences against laws with respect to any of the matters in this part (entry 64) :!5 rd jurisdiction and powers of all court , except the supreme court, with respect to any of the matters in this part (entry 6~) 61 fees in respect of any of the matters in this part but not including fees taken in any court (entry 66) part bthe following matters enumerated or to the extent included in list 3° iii-concurrent list 1 marriage and divorce; wills intestacy and succession: social cuslams; appointment or succession of chiefs or headmen (entry 5) 2 offenet~s against laws with respect to any of the matters in this part ~5 (entry) ~jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this part (entry 46) 4 fees in respect of any of the matters in this part, but not including fees taken in any court (entry 4'1) part c [see section 33(2)]matters with respect to which the legislature of meghalaya and the legislature of the state of assam also have power to make laws, namely, 5 the following matters enumerated or to the extent included in list u-state list and list iii-concurrent list 1 scheme of agriculture designed to benefit both the areas of the autonomous state as well as the rest of assam (entry 14 of list ii) 10 2 conservation of forests in catchment areas of projects referred to in entry 16 of part a, financed by the government of assam wholly or in part and declared by the legislature of the state of assam by law to be projects of state importance (entry 19 of list ii) 3 industries subject to the provisions of entries 7 and 52 of list i (entry 24 of list ll) 15 4 production, supply and distribution of goocic;, subject to the provisions of entry 33 of list iii (entry 27 of list ii) 5 removal from the autonomous state to any other area of the state of assam or to any other state of prisoners and accused persons (entry 4 of list iii) 20 6 transfer of property other than agricultural land, subject to entry 58 of part a; registration of deeds and documents (entry 6 of list iii) 7 economic aud social planning (e'ntry 20 01 list iii) 8 acquisition and requisitioning of property (entry 42 of list itt) 9 recovery in the autonomous state of claims in respect of taxes and 2s other public demands, including arrears of land revenue and sums recoverable as luch arrears, arising outside the autonomous state (entry 43 of list iii) 10 inquiries and statistics for the purposes of any' of the matters specified in this schedule (entry 45 of list iii) 30 11 offences against laws with respect to any of the matters in this part (entry 64 of list ii and entry 1 of list iii) 12 jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this part (entry 65 of list ii and entry 46 of list nl) 35 13 fees in respect of any of the matters in this part, but llq't including fees taken in any court (entry 66 of list ii and entry 47 of list iii) (see section 58) apportionmtnt of asstts and liabilities1 in this schedule:-definitions s (a) "purpose of the autonomous state" means a purpose relatable to any of the matters in respect of which the legislature of meghalaya has power to make laws under this act; and (lj) "population ratio", in relation to meghalaya, means such ratio as the central government may, by order, specify as the ratio bet-10 ween the population as ascertained at the last preceding censlls of meghalaya and the rest of the state of assam 2 (1) subject to the other pl'ovisions contained in this schedule, all lands land and all stores, articles and other goods held by the state of assam and within the territories of meghalaya shall, on the appointed day pciss to goods 15 m('~halaya if thp pul'pos('s fur which they we]'£' held will be purposes of the autonomous state (2) stores relating to the secretariat and offices of heads uf depart menta having jurisdiction over the areas comprised partly in meghalaya and partly in the rest of assam and unissued stores shall be divided bet-20 ween the state of assam and meghalaya in accordance with such directions as the central government may think fit to issue for a just and ('quita-ble distribution thereof explanation-in this paragraph the expression "land" includes immovable property of every description and any rights in or over such 25 property, and the expression "goods" does not include coins bank notes alld currency notes 3 1'he total of the cash balances in all treasuries of the state of trealw"y assam and the bajances of that state with the reserve bank of india or and bank any other bank immediately before the appointed day shall be divided bal'mees 30 between the state of assam and meghalaya accoroing to the population ratio: provided that for the purpose of such division there shall be no transfer of cash balance from any treasury to any other treasury, and the apportionment shall be effected by adjusting the balance of the state of assam 35 and meghalaya in the books of the reserve bank of india on the appointed day or in such ,other manner as the central government may, by 0rder direct 4 meghalaya sha 11 have the right to recover the arrears of any tax arrears or duty, including the arrears of land revenue, on property situate in of taxes 40 meghajaya, and shall also have the right to recover thp arrears of any other tax or duty if the place of assessment of that tax or duty is located in meghalaya: provided that nothing in this section shall apply in relation to arrears <'f any tax or duty which me~ha13ya is not competent to cojipct right to recover loans and advrnces 5 (1) the right to recover any loans or advances made before the appointed day by the state of assam to any local body society agriculturist or other person in meghalaya shall belong to meghalaya, if the purpose for which the loans or advances were made will thereafter be a purpose of the autonomous state s (2) the right to' recover loans and advances of pay and travelling allowances to a government servant made before the appointed day by the state of assam shall pass to meghalaya if, after the appointed day, that government servant is required to serve in connection with the affairs of meghalaya under sub-section (3) of section 65 10 invest· ments and credits in certain funds 6 the investments made before the appointed day from the cash balance investment account and any other general fund of the state of assam shall, after the appointed day, be divided between the state of assam and maghajaya according to the population ratio; and the investments in any special fund the objects of which are confined to a ) 5 local area in meghalaya shall pass to meghalaya if such investment t£'-iates to a purpose of the autonomous state 7 (1) the assets and liabilities in meghalaya on the appointed day re lating to any commercial or industrial undertaking of the state of assam other than an undertaking on which the state of assam has incurred a 20 capital outlay exceeding rupees fifty lakhs or a government company shall after the appointed day, pass to meghalaya if the purpose of the undertaking relates to a purpose of the autonomous state assets 'and liabilities of state undertakings and investmenb (2) where a depreciatio'n reserve fund is maintained by the state of assam for any such undertaking as is referred to in sub-paragraph (1) 25 the securities held in respect of such investments made from that funrl shall pass to meghalaya (3) the investments of the state of assam made before the appointed day in any body corporate or co-operative society whose area of operation or jurisdiction extends to areas comprised partly with- 30 in meghalaya and partly within the rest of' the state of assam, or in any government c()mnanv or privati" commercial or industrial undertaking shall if the central government so directs be allce-flted between the government of assam and the government or mcghalaya in such proportion as may be alzreed upon between the two govetnments within 35 one year from the (late of the direction ;lf~)resai(! or, in default of such a~reement m; the central government may h" orrt('r direct public debt 8 (1) the public debt of the state of assam attributable to loans raised by the issue (if government securities and outstanding with the public immediately before thf' rnpointed day shan continue to be the 40 public debt of that state and meghalaya shall be liable to p3y to the state of ac;sam its share of the sums due from time to time for the servicing and repavm('nt of the debt (2) for the' purposf' of detprmining the shaj'f' referred to in sub-paragraph (1) the debt shall be deemed to be divided between the state of 45 assam and meghalav(1 n:o: if it were n debt referred to in sub-para~ltn" (4) (3) out of so much of the public debt of assam, other than the public debt referred to' in sub-paragraph (1) as is equal to the amount of loans and advances made by that state and outstanding on the appointed day the share of the liability of meghalaya shall be for an amount equal to 5 the loans and advances recoverable by meghalaya under paragraph 5 (4) the remaining public debt of the state of a"sam attributable to loans taken from the central government the reserve bank of india or any other body or bank outstanding immediately before the appointed day shall be divided between the state of assam and meghalaya in pro-io portion to the total capital expenditure on all capital works and other eapital outlays incurred or deemed to have been incurred by the state of assam up to the appointed day and the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred upto that day in meghalaya for purposes of the autonomous state i5 (5) }<'or the purposes of this paragraph "government security" means a security created and issued by the state of assam for the purpose of raising a public loan and having any of the forms specified in or prescrib-18 of 1944 cd under, clause (2) of section 2 of the public debt act, 1944 9 after the appointed day, it shall he the liability of meghalaya to refund 20 refund any tax or duty on property, including land revenue, collected of taxes in excess on any prol,erty situate in meghalaya or any other tax or duty ~ollected collected in excess, if the place of assessment of that tax or duty is 111 exee • situate in meghalaya: provided that nothing in this section shall apply to the refund of any 25 tax or duty which meghalaya is not competent to collect 10 the liability of the state of assam in respect of any civil deposit deposits or local fund deposit made before the appointed day in any place situate etc in meghalaya, shall become the liability of meghalaya if the deposit is for any purpose of the autonomous state 30 11 the liability of the state of assam in respect of the provident provi-fund account of a government servant required to serve in connection dent d with the affairs (if meghalaya under sub-section (3) of section 65 shall, fun on and from the appointed day, be the liability of meghalaya 12 the liability of the state of assam or meghalaya in respect of pensions 35 pensions shall be apportioned between the two in such manner as may be agreed upon between them or in default of such agreement, in such manner as the central government may, by order, specify 13 (1) where, before the appointed day, the state of assam has conmade any contract in the exercise of its executive power for any of the tracts 40 purposes of that state, that contract shall be deemed to have been made in the exercise of the executive power of meghalaya if the purpose is as from that day exclusively a purpose of the autonomous state, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or 45 liabilities of assam; be rights or liabilities of meghalaya (2) for the purposes of this paragraph, there shall be deemed to he included in the liabilities which have accrued or may accrue under any contract-(a) any liability to satisfy an order or award made by any court or tribunal in proceedings relating to the contract; and (u) any liability in respect of expenses incurred in, or in oon· nection with, any such proceedings (3) this paragraph shall have effect subject to the other provisions of this schedule relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations; and bank balances and 10 securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions 14 where, immediately before the appointed day, the state of assam is subject to any liability in respect of an actionable wrong other than a breach of contract, that liability shall be the liability of meghalaya if it 15 relates thereafter to a purpose of the autonomous state liabilit yin respect oj actionable wrong liabi· lityas guarantor 15 where, immediately before the appointed day, the state of assam is liable as guarantor in respect of any liability of a registered cooperative society or other person, that liability shall be the liability of meghalaya if it relates thereafter to a purpose of the autonomous state 20 items in ruspense 16 if any item in suspense relating to a purpose of the autonomous state is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing paragraphs of this schedule, it shall he dealt with in accordance with that provision residuary provi-sionll 17 the benefit or burden of any asset or liability of the state of 25 assam which relates to a purpose of the autonomous state nnd which is not dealt with in any of the foregoing paragraphs of this- &chedule, shall pass to meghalaya appor_ tionment of assets and liabi lities by agreement 18 where the state of assam and meghalaya agree that the benefit or burden of any particujar asset or liability should be apportioned 30 between them in a manner other than that as provided for in the foregoing paragraphs of this schedule, then, notwithstanding anything contalned therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon pow\!rof central governmentto order allocation or adjustment in cer· tain cases 19 where, by virtue of any of the provisions of this schedule, 1;he 35 state of assam or meghalaya is entitled to any property, or obtains any benefits or becomes subject to any liability, and the central government is of opinion on a reference mlade to it within a: period of three yelirs from the appointed day by the state of assam or the autonomous state, as th(> case may be, that it is just and equitable that that property or 40 those benefits should be transferred to one of the two states or shared between them, or that a contribution towards that liability should be made by either of the states, the said property or benefits shall be allocated in such manner, or meghalaya or the state of assam shall make to the other state primarily subject to the liability such contribl1-45 tion in respect thereof, as the central government may, ~fter consulta· tion with the government of assam and the government of meghalaya, by order, determine (see section 74) amendments to the sixth schedule of the constitution1 in the sixth schedule to the constitution (hereinafter referred 5 to as the sixth schedule), in sub-paragraph (3) of paragraph 1, after clause, (1), the follpwing clause shall be inserted, namely:-"(i) alter the name of any autonomous district,"; 2 in paragraph 2 of the sixth schedule,-, (i) for sub-paragraph (1), the following sub-paragraph shall be 10 substituted, namely:-" "0) there shall be, a district council for each autonomous , district consisting of not mote than thirty members, of whom i not more than four persons shall be n<1minated by the governor !, , , i ' i and the rest shall be elected on the basis of 'adult suffrage!'; ' , (ii) in sub-paragraph (6)-j, '(ii) in' clause (e), for· the ,words "such councils", the words " ~reg1onal councils"" shall 'be "ubstit~ed; " r" 'f '0>)' iii ~lause' (gl attet: toe' 'vttords '''c6i1duct tlf business", the o ~ ~': r,pt~¢~e'ts' and words' f il (in~1jbi~~ - thl 'po\ver 'ttl f:at!t t1<1twithstand-!"1,~ f ;~'~ '~,; 'v~can,ey) n' shalf' ";1' 'inserted; :" -'f ,'" '" i ( rrt'-', t t(, n 1 " r ' ,, r-:~), i r )' , i" , pi (~ r~ ,r '''j ", ',q("i:: "'f"1 ~, i' (iii) after sub-ptii'a~rlipt\lii8),' rtlu!,'fou6wing, 5ud1'aragraph, shall be inserted, i ~elv:- (f () i ,(' ) f ' 'j' ):1 " , ·'f:' "' -,( ql:~~tl;'i':(; ,"i'' f' , "(6a) the elected members ('9f ,~h~l"p,i~,~ri~, co1plcil shall hold office for a term of five years from the date appointed for 25 ;- ~ ~njjtlif! ·1fttst·ftieetirlgrof,loui,{joqaoll after, lihe g~ej;iu ej~tions to the )" t!llulidi'i 1mles9,<theddi8trictvc-otmch·/iflf1sopner s$ol~q under 'r 't:la'tisl''l1t (and·' a' nbminatedi ,jdembe~ 'is~ fpow, fq~~ )81" uie plea-i·c~ r'suft!il0fi tttjei ; govetrlm "'1f' ij 1'11,1)'" ;," i ,,"i,: in i:"', ,,, , dm: f!~lpto\lidt!dl~tltheiridl,}leri()d ~\ftve;~earslmayi"while a pro-30 of clamation of emergency is in operation q~lijrhi~~~es exist which, in ~he opinion of the governor, render th~ holding of ·?1l~1ecd(hi!a ffli~hl~fica'm~,''be1f~rl~cf blf·tl1~igd-wrnor for a period r"w9(:'~cije_ 8nef!ye'tl~ ~t"'1fi~ ah\ilth ili1~oase'~here a pro-~rrn ~~antati8b 'b~:t km~r~~tic~') 'l~ "iii'1 ~~ttot1 llnbt' l~xtet1ding beyond a period of; six' irrt&rtth~:'ffi!r thl!·· '~lathatloi1' tuui' ceased to i'f -d;rp~,;t,e:i";rl :1;·,1,;'1 ~:fl'willl,,1 ",l! (» ":1)(::'\ '-: : '\ provided further that a member eledtedl:flo !ifill" :a·' casual ;':'lnh'~ ~~lhrl~, ~~,s~1f~~l~~~je~~~~r of the term of ,!,(t;p11w~ ;q~rl~ rp~w9n wr?p;l,,~~,\~fp1~c;~·':h it! yilt: h ,( i 'i1nl~) yfnl~j)~gtapw(md;>lj;: '(d ll'11jj i; 1;;110:) t'liiln of, -g'h~·-(ru?l<)bjli)ljl·lhr?:t1(r' !'lnj yd b'i}llrflihp; ·'!d, h (4) after the words "make ru~i\':1 :w:~~e $r~¥;l first occur, i'y~rds "with the approval of the governor" shalt" be inserted, ?·il'cif \vh~'j:¥ii~¥d e~)w ~brih'ltirll~1 thej~r8s l4;lith like ap-9lo"~ '/1't illa\1r~~ ,~~~ti~j "j~~ !q"; ,,' r,l i:n'·~1":,,,\!_,iil':: ],,!, • i(!(ftr!' w~:'" [,j:d \:' i'1q\, ,';-:,;q·ncj" (b) the second proviso shall be omitted a in paragraph 3 of the sixth schedule, in sub-paragraph (1) ,-(t> in the proviso to clause (a), fur the words "government of assam", the words "government of assam or the government of meghalaya" shall be substituted; s (ii) for clause (i), the fo'llowing clause shall be substituted namely:-(i) "marriage and divorce;" 4 in paragraph 4 of the sixth schedule, the following sub-paragraph shall be inserted at the end, namely: -10 '(5) on and from such date as the president may, after consulting the government of assam or, as the case may be, the government of meghalaya, by notification appoint in this behalf, this paragraph shall have effect in relation· to such auton<1mous district or region as may be specified in the notification, as if-1 s (i) in sub-paragraph (1), fur the words "between the parties all of whom belong to scheduled tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) ofp,r~graph 5 of this schedule apply,", the words "not being suits and cases of the nature referred to in sub-paragraph 20' (1) of paragraph s of this schedule, which the-governor may specify in this behalf," had been substituted; (ii) sub-paragraphs (2) and (3) had been omitted; (iii) in sub-paragraph (4)-(it) for the words "a reglonalcouncil or district coun- 25 cil, as the case may be may with the previous appro\ta1 of the governor make rules regulating", the words "the governor may make rules regulating" had been substituted; and (b) for clause (it), the following clause had been substituted, namely: -30 "(it) the constituti<tn of village councils and courtl, the powers to be exercised by them under this paragraph and the courts to which appealsfrqm the decisions of village councils and courts shall liej"; (c) for clause (e) the following clause had been sub- 35 stituted, namely:-"(e) the transfer of appeals and other proce~ngs pending before the regional (!f district council or any court constituted by such council immediately before the date appointed by the president under sub-para- 40 graph (s) ;"; and (;i) in clause (e), for the woros, brackets and figures "sub-paragraphs (1) and (2) " the word, brackets ~d ~iur "sub-paragraph (1)" had been substituted' 5 inparagrapjl' 5,of the sixth schedule, after sub-paragraph (3), the following sub-paragraph shallbe inserted, namely:-"(4) on and from the date appointed by the president under sub-paragraph (5) of paragraph 4 in relation to any autonomous , district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the governor to confer on the district council or regional council or on courts constituted by the district council any of the powers referred to in sub-paragraph (1) of this paragraph 10 6 for paragraph 6 of the sixth schedule, the following paragraph shall be substituted, namely:-"6 (1) the district council for an autonomous district may estab- powers ush, construct, or manage primary schools, dispensaries, markets, ~ th~ 1$ cattle pounds, ferries, fisheries, roads, road transport and waterways co~~~~~ to in the district and may with the previous approval of the governor, establish make regulations for the regulation and control thereof and, in parti- primary cular, may prescribe the language and the manner in which ,t>rimary schools, educatio'jl shall be imparted in the primary schools in the district etc (2) the governor may, with the consent of any district council, entrust either conditionally or unconditionally to that council or to its officers, functions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning or any other jl'l8tter to which the executive power of the state of asstm or meghalaya, as the case may be, extends 55 7 in paragraph 7 of the sixth schedule for sub-paragraph (2), the following sub-paragraphs shall be substituted, namely:-30 "(2) the governor may make rules for the management of the district fund, or, as the case may be, the regional fund and for the procedure to be followed in respect of payment of money into the said fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid 35 (3) the accounts of the district council or, as the ease may be, the regional council shall be kept in such form as the comptroller and auditor-general of india may, with the approval of the presi~ dent, prescribe <') the comptroller _ auditor-general u cause the ae:· eowlta of the distriet and regional co1uleils to be a~ted in such bulber as he may think 6t, and the report" of the comptroller and auditor-general relating to such accounts shad be submitted to the governor who shall anuel them to be laid hef8re the council" a in paragraph 8 01 the sixth schedule, in sub-paragraph (4), the following worda shall be inserted at the end, namely:-liand every such regulation shall be submitted forthwith to the 45 governor and, unw auented to by him, aball have no effect" 9 after paragraph 12 of the sixth schedule, the following plrag:r&i)h shall be inserted, namely:-"12a (1) notwithstanding anything contained in paragraph 12,-special provisions as respects application of laws in meghalaya (a) if any provision of a law made by a district or regioll&l council in meghalaya with respect to any of tbe matters sped- $ fied in clause (b) or clause (c) of sub-paragraph (1) of paragraph 3 of this schedule is repugnant to any provision of a law made by the legislature of the state of assam with rest>ect to any project declared by the legislature of that state to be of state importance, then, the law made by the district council or,as the cue 10 may be, the regional council, whether made before or af~er the law made by the legislature of the state of assam, shall, to the extent',of the repugnancy, be void and the law made by the legislature of the state of assam shall prevail; (b) if any provision of a law made by a district or reponal i, council in meghalaya with respect to any of the matters specified in clause (b) or clause (c) (jr clause (f> of sub-paragraph (1) of paragraph 3 of this schedule is repugnant to any provision of a law made by the legislature of meghalaya with respect to that matter, then, the law made by the district council or, as 20 the case may be, the regional council, whether made before or after the law made by the legislature (jf meghalaya, shall, to the extent of repugnancy, be void and the law made by the legislature of meghaiaya shall prevail (2) if it appears to two or more district councils or regional a$ councils in meghahiya to be desirable that any 0£ the matters with respect to which they have power to make laws under paragraph 3 of this schedule should be regulated by the legislature of meghalaya by law, and if resolutions to that effect are passed-by the said district councils 'or regional councils, it shall be lawful for the'legislature 50 of meghalaya to pass an act regulating that matter accordingly and any act so passed shall apply to the autonoiddus districts or regions concerned, and to any other autonomous district or region the di8-triet or regional council whereof adopts it afterwards by resolution passed in this ~half is " (3) any act passed by the legislature of meghalaya under subparagraph (2) of this paragraph may be amended or repealed by an act of the legislature of meghalaya passed in like manner, but shall not, as respects any autonomous district or region to which it appues, be amended or repealed by any law made by th district qf regional , council thereof (4) the governor may, with respect to any act of the legialature of the state of assam, and the president may, with respect to any act of parliament, by public notification direct, that it shall not apply to meghalaya, or shaii apply thereto, or to any part thereof , subject to such exceptions or modifications 8s he may specify in the notification, and any such direction may be so given 88 to have retrospective effect (5) the provisions of clause (b) of sub-paragraph (1)' of paragraph 12 shall not apply to meghalaya" 10 in sub-paragraph (1) of paragraph 15 of the sixth schedule, after the words "safety of india", the words "or is 1ikely to be prejudicial to 5 public order" shall be inserted 11 paragraph 16 of the sixth schedule shall be re-riumbered as subparagraph (1) of that paragraph and to that paragraph as so re-numbered, the following sub-paragraphs shall be added, namely:-"(2) if at any time the governor is satisfied that a situation hal 10 arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of thi8 schedule, he may, by public notification, assume to himself all ell any of the functions or powers vested in or exercisable by the district councilor, as the case may be, the regional council and declare is that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period il9t exceeding six months: provided that the governor may by a further order or ordert extend the operation of the initial order by a period not exceeding 30 six months on each occasion (3) every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be laid before the legislature of tbe state and shall cease to operate at the expiration of thirty days from the· date on which the state legislature first sits after the issue of the 25 order, unless, before the expiry of that period it has been approved by the state legislature" 12 after paragraph 20 of the sixth schedule, the foll~g paragrapli ahall be inserted, namely:-'20a (1) in this! schedule,-, 30 (a) "governor", in relation to meghalaya, m~ans the gover-ror of assam acting on the aid and advice of the ~cil of ministers for meghalaya, except in so far· as he is by or under this schedule required to exercise his functions in his discretion or to exercise his powers under sub-paragraph (4) of paragraph 12a; 35 (b) "meghalaya" means the autonomous state formed wide~ article 244a (2) subject to any express provision made in this behalf, the provisions of this schedule shall, in their application to meghalaya, have effect-(i) as if references to the government of assam, state of assam, state and legislature of the state were referenees re-pectively to the government of meghalaya, the autonomowt state of meghalaya, meghalaya and the legislature of megbalaya; 4' (ii) as if in paragraph 13, the words and ftgures "under arti-cle 202" had been omitted' article 244a was added to the constitution by the constitution (twenty-second amendment) act, 1969 to enable parliament to enact a law to give effect to the scheme for reorganisation of assam by fonning within the state of assam an autonomous state comprising (whether wholly or in part) all or any of the tribal areas specified in part a of the table appended to paragraph 20 of the sixth schedule the present bill has been brought forward in pursuance of that article and seeks to establish an autonomous state called meghalaya within the state of assam as envisaged in the reorganisation scheme, meghalaya will comprise the areas now forming part of the united khasi-j aintia hills district as defined in the substantive part of paragraph 20 (2) of the sixth schedule and the garo hills district the bill also provides for separate options to the mikir hills autonomous district and the north cachar hills autonomous district to become part of meghalaya the legislative powers of meghalaya have been set out in the second schedule to the bill and subject to the 'provisions of the bill' the executive power of meghalaya will extend to matters with respect 1:0' which the legislature of meghalaya shall have power to make laws the bill makes detailed provisions regarding the constitution of the legislative assembly of meghalaya, delimitation of constituencies, elections to the assembly and its procedure, council of ministers for meghalaya, administrative relations between the governments of assam and meghalaya and between the central government and the government of meghalaya provision has also been made for transferring to meghalaya such assets and liabilities of the assam government in the meghalaya area as are relatable to matters which fall within the purview of the autonomous state 2 provision has also been made in the bill for the constitution of a provisional legislative assembly for meghalaya pending general elections to the assembly in order to dovetail the scheme of the bill with the main provisions of the constitution, the autonomous state will be treated as a state for certain provisions of the constitution specified in clause 67 of the bul 3 as indicated in the reorganisatiq'n scheme, the fourth schedule to the bill contains provisions for the amendment of the si¥th schedule to the constitution in order to improve the procedures of the district councils and make them function efficiently 4 the provisions of the bill are further explained in the notes on clauses, wherever necessary new l>blm; y b chav an xhe 9th december, 1969 note, on czauae,clawe 3-this clause provides for the formation of an autoj1()moui state within the state of assam to be known as meghalaya the united khasi-jaintia hills district (which comprises two autonomous districts called united khasi-jaintia hills autonomous district and jowai autone> mous district) and the garo hills district as defined in paragraph 20 of the sixth schedule to the constitution excluding part of the former transferred to the mikir hills autonomous district in 1951, will automatically form part of meghalaya the part of shillong municipality which formed part of the khasi state of mylliem before the commencement of the constitution and which now forms part of the united khasi-jaintia hills autonomous district will be territorially part of meghalaya but jurisdiction of meghalaya in this area will be limited as provided in the proviso to clause 33(1) rest of the shil10ng municipality and cantonment which do not form part of the tribal areas will not form part of the autonomous state the north cachar hills autonomous district and the mikir hills autonomous district have been provided with an option to join meghalaya as soon as the proposed law is enacted, the district councils of these two districts would be asked to indicate their choice and if the council concerned expresses a desire by a two-thirds majority thntthe autonomous district shall form part of meghalaya, the president wul make a declaration to that effect and thereupon that district will also become a part of meghalaya 2 clauses 4 to 10-these clauses define the extent of the executive power of meghalaya and manner in which the power may be exercised provision has also been made for the constituti<1n of a council of ministers which shall be collectively responsible to the legislative assembly of meghalaya clause 8 contains a provision to enable tthe appointment of an advocate-general for meghalaya as and when the government of meghalaya deems fit to do so 3 clauses 11 to 17-these clauses relate to the size of the legislative assembly of meghalaya, delimitation of the assembly constituencies and matters connected with elections to the assembly it has been provided that the number of elected members of the assembly will be not less than 35 and not more than 55 so that the actual 'number could be determined in the light of the option to be exercised by the district councils ot north cachar hills autonomous district and mikir hills autonomous district provision has also been made tor nominating not more than three persons to represent the interests of minority communities 1n meghalaya if there is need for giving them representation in this maluler the work of delimiting the constituencies is proposed to be entrusted to the election commission clause 17 provides for the representation of the people act, 1951, being applied in relation to the elections to the legislative assembly as they apply in relation to elections to 8 state legislative assembly 4 clauses 18 to 49, and second schedule-these clauses relate to duration of the legislative assembly, speaker and deputy speaker, conduct of businesa powers and privileges of mf!mbers and their salaries and allowbllces, legislative powers and procedures, including procedure ba ftnancial matters these provisions are generally modelled on the corresponding provisions of the constitution relating to state legislative assemblies clawd 28 in particular provides that an individual shall not simultaneously be the member of the meghalaya assembly and also of the legislative assembly of assam or parliament clause 33 defines the legislative powers of the legislature of meghlllay these powers are enumerated in the second schedule to the bill, which is divided into three parts, namely, part a, part b and part c part a cantains the subjects in the state list in respect of which meghalaya will have exclusive legislative powers part b contains subjects tn the concurrent list which even now come within the purview of the district councils by virtue of paragraph 3 (1) of the sixth schedule to the cbnstitution in respect of which similar exclusive powers will be available to, meghalaya part c contains subjects which win be concurrent to a_am, and me~alaya acoording to the reorganisation scheme shillong will serve as the heaciql1aiters c'of'both assam' and meghalaya and assam will have the sanl',' ~le~l~~ve' aria bciministrative control over thei,cantonmentand mun't~paf'a\t~:m'-bf''shmong'9s at present; under the sixth schedule t9, the i je<'1nstlt6:tfctit 'the 'distrk!t;rcouncil,has cet'tain powers ,i,n respect of that part of the shillong municipality, which fol'ml;-}l)art(of the, trlpal, 1 areas the reorganisation scheme also provides that the district couneil '~;i1t~~an:flriife' td' 118ve'1hf!~e l'x'wers 'tmdwiilbe:uncier ,th' co, n~rol, of, me~a~@w;r"p'r6vis?to'dause '33(1), thetefore, ensures, thljt the ,le~s]a~, t1ve?;p'o~rl;' of m'~'ghalata "'witliin r; the 'shil1ong m,uniclpal,ity shall" bf;,, ci lim1i~'d"(rot~o's~ i 'o~~tbe 'district cdumdl so that, !msaro's, le~at\ve:, apd ' ad~~~~l~i~~;' ~~tr?i~: b~:~, ,th~' :~ht~l~ ,mun~~ipal~~~j$" n~taffe~~, r ~', clause 34 of the bill provides for exe~ptio~,o~t,r1,1~~q~lpr~pjt:tte'!;'tr°~' :t' the taxes imposed by meghalaya or by any authority within the autoh~ , mo_is~'iiljld,~l!q, fal;',tbl!ie1~el1lp?,qn ?f,pro~rti~~ o~th7 :~ssam ~ov-, emtnen~,~ i simll~ ,~~~io~ <;til ir~~ipl'<?~a~ b~si~, ,~ccdrcli~~ ,to" ,~~try , 51 tn\~nj\~,~f'the, ~on,d :~~hedul~, ,tc! ,th~ '13111, m~~ill11aya wt1l haw! powel'rtojlevy,ta~es, ~fr$icl~s, '~w~\t~r, ,in o;dier t? ia~oid ,aouble'tlf~a~ , tioiujil·itie~le$ :~~~"iq ~haj~y~, transit~pg tll~ough ~st ofassllm'" ' and~!i1iae'''t1'bq;,8 ~qn) h~b~en made to exemt>t stieh"vehicl~g: from ,i' , " i ,i t· f" ' , 'i '\" ,: f' i ' doub1efl'taxation, i',!! ··,:rr", ", ':' ",', '"'' , , , ' ' , i! i, "'" i :' ' '" (1"~f~t ·t'!\ ily '\~, i~j,r'· i'; , -, \'1 ;!-, "', :' " etaun8i3~r~ ,~6 spe11"o,ll,t ~~ ~e~~:o(c~~tf~lartd,a:ssatn"lqws:on:· , meghaiaplla~,in,(~ wmc;urr~nt fi~ld, ~~d t?eptocw,ure ~o~:enbcbn,g,~j spebiai:llaw, in'tbi~ fielp jqr meg'ha1~j:~" , i",,'" v npitrtq"''1""",q , i, , ! i: li\ i '1'\ ;i~:· 8jicjgllte, ,1o~i' cl$~~ ~pqw~r~,,~~i~,~etrl?r i t~, :rn-om~i~qte 'o~ ,> n~;:aw'iftg ,thelre~es,s i ofth~ megbataya a:ssembly arid 1s ~noerally , modelled on article 213 of the constitution " , ,i' ,' >,1" i i ( 'i , 'j - 1 - ~ clause 55 provid,es for elac4'kity ta,x and~les tax ~'n ,the ~g~aya area outside the shillqqi mloulicipajty bei"i oohected by the ga¥erement of meghalaya while the rates of taxes are to be determined by the allam leplawtte atisaft'l ,hat> als~got a fitst"mnt sa1es tax levy on gertain liakury i1em6 as '5\lch goods would su'ft'er safes tax at th~ distrilrution -eentres in tl:le ,,181m uk~ ga'11hatibefore they move into megha-iwya ior~tan 4isirihutien, the autoftal'r9us state win not be a1)1e to oouect ally _lestax <>r ugese goods it has, therefore, been provided that a portion of such tax collected by assam should be payable to mi!:,qalaya by assam claue 56 pawides f<>r the central <levolutions '00' assam under the figaace colllmis8ichl~s recommendations being apportioned between ajeam and the auoollomolls stat~ in such propot'tion as the central government may determine it has 8(')'t been possible to specify in the law th~ alctual proportion, because tne actual territorial extent of meghalaya wowd be known only after the district councils of north cachu hills autonoroous 4istrict and tbe mikir hills autonomous diitrict mve exerwed ~ qption for the purpose of future awards of the finance com-~n, ]l4eghalaya would be treated as a separate state and the finance comlj)issioo would recormnend the quantum of devolution separately for ~m and megb4!aya the provision made in this clause will, therefore, qply only sq far as the devolutions based an the fifth finance commission's recommen4auoili are concerned 7 clause 58 and third schedule-this clause refers to apportionment qf usets and l,iabilities detliiled provisions in this behalf have been iocorparflted in the third schedule to the' bill these generally follow tbe provi,iqns made in other state reorganisation laws with the modification tbat assets ~d liabilities to be transferred to megbalaya would b~ thoie relatable to u1e legislative powers· proposed to be ronfel'red on the ~gislatllfe of tl1e autonomous state 8 clauses 59 to 61-these clauses re 'ate to administrative relations between meghalaya and assam and also meghalaya and the union it haabeen provided that the autonomous state' shall comply with laws made by parliament, the laws made by the legislature of a~sam and otper laws in force within its territory if any executive action taken by meghalaya impedes or prejudices the exercise of executive power of the upion the government of india will have power to give directions tathe meghalaya government similarly, if the actions of meghalaya government impede the exercise of the exec\4tive power of the government ctf assam, the government of asam will have powers to give directions a provision has al$o ~en made in clause 61 for entrustment of executive ful'\ctions of the government of assam to meghalaya g<>'vernment and vice versa 9 clause 62-this clause makes a transitional provision for the settin, up of a provisional legislative assembly pending the holding of the ftrat general eleetions to the meghalaya assembly in accordance with the proposed law the members of the provisional auembjy wul be elected by the member of the district councils on the basts at propor-uoul reiel\tation ~ meam of the single transferrable vom elected members of eachl>iatrict council will constitute an ejectqs!81 'ioltge returning a specified number of members to the assembl:v 10 clauses 63 to 73-these clauses contain miscellaneous provisions, the more important of which are explained below: - clause 63-this clause makes a provision enabling the central ckrvernment to appoint a high level committee to advise the govemments of assam and meghalaya on matters of common interest with respect to shillong and also such of the adjoining areas as may be treated as part of shillong for this purpose by agreement between the two governments clause 65-this clause provides fer services of oftieers of assam cadre of the all-india services and class i services of that state being made available to meghalaya for specified periods and allocation of serving employees of assam in lower cadres to meghalaya for service under the autonomous state clause 67-to' the extent legislative and executive powers are entrusted to meghalaya, it will have to function as a state under the constitution it was, therefore, provided in article 244a added to the constitution by the constitution (twenty-second amendment) act, 1969, that a parliamentary law under that article may provide that any referenc;~ to a state in any article in the constitution shall be construed as including a reference to the autonomous state this clause enumerates the various articles for the purposes of which the autonomous state will be treated as a state clause 68-in the meghalaya area not only the laws made by parliament but also the laws made by assam and meghalaya would be in operation this clause, therefore, provides that the executive power of the (;qvernment of assam in relation to meghalaya under article 298 shall also be subject to legislation enacted by the legislature of meghalaya and that the executive power of meghalaya under the same article shall also be subject to legislation enacted by the legislature of assam clause 69-this clause provides for suspension of relevant provisions of the proposed law in the event of president's rule in meghalaya clause 70-there are a number of central laws particularly in the concurrent field which require the state governments to implement the laws in actual working of the scheme at reorganisation it might become necessary to entrust functions under some of these laws to mcghalaya government to ensure smooth administration this clause, therefore, contains an enabling provision for the central government themselves to take over the executive authority in meghalaya area under any such law as may be notified so that where necessary the powers could be delegated to the meghalaya gctvernment under article 258 11 clause 74 and fourth schedule-this clause read with the fourth schedule to the bill makes eerta:n amendments in the sixth schedule to the constitution the important amendments to the sixth schedule proposed in the fourth schedule to the bill are as follows:-parag1'4ph 1-a provision has been made in paragraph 1 of the fourth schedule to enable the governor to alter th~ name of an autonomous district by notiflcation paragraph 2-the maximum strength of the district councils has been fixed at 30 out of whom the maximum number of nominated members would be 4 provision has also been made for fuang a five-year t~rm for the district counclls at present, these provisions are contained in the rules of the district councils concerned the rule relating to delimitation of cohstltuencies, eleclons, etc, to the district councils are at present made by the councils themselves under paragraph ::! (i) 01 the sixth schedule 1t is proposed that such rules should be made with the approval of the governor paragraphs 4 and 5-at present the village courts in the autonomous districts have jurisdiction only in respect 01 sults and cases in which both the partles are members ot the scheduled ttibes 01 the autonomous distnct concerned 'lne district council or courts constituted by the district coullcil function as appellate court more serious offences like those punishable with death or imprisonment for a term of 110t less than 5 years are outside the purview of these courts but the governor is empowered, to confer juri::;dji:tion on these courts in regard to these matters as web on the conditlon that the code of criminal procedure and the code of civil procedure shall be followed in deciding such matters this paragraph seeks to enable village level courts to function more or less like nyaya panchayats in the rest of the country subject to the procedural rules relating to these courts being made by the assam government or meghalaya government, as the case may be it is intended that appeals from the village level courts should lie to regular courts however, some preparatory work will be necessary to effect the change over and local conditions will have to be taken into account in fixing the time schedule for the change it is, therefore, proposed to enforce these amendments from a date to be fixed in respect of each autonomous district paragraph 6-this paragraph seeks to enable the governor to entrust additional functions particularly in the field of local development, to the district councils and also make it clear that the district council could set up its own road transport system paragraph 7-this paragraph makes provisions for improving the financial and accounting procedures of the district councils paragraph 9-under paragraph 12 of the sixth schedule the state laws relating to matters in respect of which the district councils are empowered to legislate under paragraph 3 of the sixth schedule do not automatically apply to the autonomous districts there is also a provision which enables the governor to apply the state and parliamentary laws to the autonomous districts with modifications or not to apply such laws at all having regard to the provisions made in the bill the scheme of that paragraph is sought to be applied to meghalaya in a modified form by adding a new paragraph 12a in the sixth schedule paragraph h-situations may arise in which a district council may not be able to function in accordance with the provisions of the sixth schedule this paragraph, therefore, seeks to m18ke a provisfon to enable the governor to take over any or all the functions of the district council in such cases fof a period not exceeding six months "mita power to extend the period from time to time 1t has been provicied that such orders shall be subject to approval by the assam or meplaya legislature, as the case may be, within 30 days from the date of its first session after the issue of the order paragraph 12-this paragraph provides that in so far as meghalaya is concerned, the governor shall exercise his powers under the &ixth schedule on the advice of the council of the ministers of megbalaya 12 claus6 75-under section 21a of the reserve bank of india act, 193", the reserve bank can enter into agreement with the government of a state to transact government business of that state it may be necessuy for meghalaya also to enter into similar agreemlent the particular section of the reserve bank of india act is, therefore, sought to be amplified by including therein a reference to the autonomous state of meghalaya 13: cllluse 76-this clause provid~s for representation of megbtllaya in the eastern zonal council: _ cl'auses- 6'( 1') and' 11 (1) of the lrtuprovide' for a coun"cu' of ministers leiislafure for meglfal'aya ci'auses 7(5), ~~5)' ar'la 32' tmt~ to p~-eenl o~ s-al'~t!~s a~cr allowal\ces t'o th~ ministers; sllealter and d~puty spe~ and memoers of tlie :ugislati've' ~ssefu'bly eilaulte' 25n'r pr()~id~ for a sepa~lit~ secret'ariai' staff' for t'h'e legr~na'f1ve' a'sserhbly tht! ex~'tfffure on such siilariesand -ailowmfces awd 6t'1l~r e)('pewt!tfui'e 0'( a~ i1\~~rittii nature'suen as' a'd'dni@al sraff for t'l1e'c6'uj'\cu' of min'is~s' wiu depend'ott tli"e' cfe'cisions tna"t'may be ta1t'eri by th~ ltf~ha1a)ta gt'lve!tnmem hen:' it comes into existence or lti'ws wh'i~h rriay been'acfed by th~ legistat\:freof m"eghalaya it is tyot' poss'ilfle to tfi'ake an e~t'ih1ate of su~ e'x})enttjtlli'e wfirch will' in' any case be met- from -the' cor\~oln'!afetf ful'l'd or megtrm~ c'ia'use 12'(1)' of'the bul seeks to e'i'npower the ~ii!ctt6tt c~slon to delitnif' the tifti'itb'tiai cbrtst'ifuert~es- for elett'iohs' to tt\e legfslatwe assembly ofm~ghatl:lya clatl~ 1'2(2), provideih'6t- appothtrlitelit1of nl)t more! than five asso~iate members to as's'ist the e1e~iott cotntniss'ion hi'delttritting toe constltuemci~, cla:u~ 17 provides fot el~iorts to th~ ~st'a"-ve assembty oj megh'alilya betrtjt li~lti itl accordance with the p-rovisiortt of hie retsre!!lehtatioh' 6f hie f'~ple ~ct, 1951 clause 62{1} provitit:!ls for the setting up of a provisional legislative ~erhbly, th~ delimitation of cdl'lstituencies will involve an es:pe-nditure of about rs 25,000 on account of, travelling allowances and other incidental expenditure the 'elections to the provisionlfl legislative assembly may involve an expenditure of about rs 3,000 on account of travelling allowances, etc of the mem1:iers of the-eiecrorei colleges the expenditure on both these items which will be of a non-recu~irlg nature!, will have to be met from the consolidated fund of india the elections from territorial constituencies to the meghalaya le-gislative kssembly may involve a rioh-r~curiirlg ex~rtait\lre of about' rs z'liililis as the ele<!tibrts- would b~' held i after the autbrtmnobs s'taie of m'egllalaya comes intb existt!ri~e the ej(jjetiditut'e will: hd~mr, be met'from uie- conso1idated' fund of me-ghalaya clausef14(2) provtd9 that the electoi"al roll of eacn 1tegh'alay<a cdtfstltuehey slilill~' ~b' much of the electoral roll of the assam a'ssetntlly constifuertcy as' re!ate§ to the area of that constituency cov~re'cr' by the! meghalaya con~tittiet1cy the electoral rolls for all assam assembly constituencies are under li!ktisiofl-at present and the revised rolls will be finally published in january, 1970, no additional expenditure will, therefore, be involved in the preparation of the electoral rolls of the meghalaya assembly constituencies clause 58 of the bill along with the third schedule relates to the apportionment of assets and liabilities of the state of assam in so far as meghalaya is concerned, the cash assets falling to the share of meghalaya will accrue to its consolidated fund and the liabilities to be assumed by meghalaya will have to be met from that fund no expenditure on this account also will be involved from the consolidated fund of india clause 63 provides for a special committee for shillong being constituted fo'r advising the two governments on matters of common interest with respect to shillong expenditure, if any, in regard to this committee will have to be met either by government of assam or partly by that government and partly by government of meghalaya hence this provision also will involve no expenditure from the consolidated fund of india under clause 67 meghalaya is proposed to be treated as a state for the purposes of articles 272, 275 and 282 by virtue of the order to be made under clause 56, a part of assam's share of union duties of excise under article 272 will have to be paid to meghalaya out of the consolidated fund of india similarly, by virtue of the order under that clause, a part of the grants-in-aid payable to assam under article 275(1) will have to be paid to meghalaya from the consolidated fund of india the precise quantum of such devolution and grants to meghalaya cannot, however, be estimated at this stage as the amount would depend on the areas which would ultimately form part of the autonomous state hence, provision has been made in clause 56 to determine by a presidential order the proportion in which the grants-in-aid and central taxes payable to assam are to be allocated between assam and meghalaya assam is also receiving plan grants and certain non-plan grants under article 282 so much of these grants as are relatable to subjects transferred to meghalaya will have to be diverted to the autonomous state the precise amount of such grants to meghalaya cannot be estimated at this stage as this would depenq on factors like the size of the plan for meghalaya however, to the extent resources are transferred from assam to meghalaya, there will be no extra expenditure from the consolidaied fund of india clause 76 provides for repre3entation being given to meghalaya on the eastern zonal council this will involve some expenditure on the travelling allowances of the members of the council representing meghalaya to attend meetings of the council the expenditure will, however, be met from the consolidated fund of meghalaya and there will be no expenditure on this account from the consolidated fund of india clause 67 provides for meghalaya being treated as a state for purposes of articles 149, 150 and 151 of the constitution and paragraph 7 of the fourth schedule provides for the audit of the accounts of the district councils by the comptroller and auditor·general these arrangements may require the strengthening of the establishment of the office of the accountant general, assam and nagaland, and the expenditure on this account is estimated at rs 30,000 per annum recurring and rs 5,000 nonrecurring clause 9(3) of the bill empowers the governor to make rules for the more convenient transaction of business of the government of meghalaya and for allocation among ministers of the said business clauses 7(5), 23(5) and 32 would enable the governor to determine the salaries and allowances of ministers, speaker and deputy speaker and members of the legislative as~embly until laws in that behalf are enacted clause 25 (3) of the bill empowers the governor to make, after consultation with the speaker of the legislative assembly, rules regulating the recruitment and conditions of service of persons appointed to the secretarial staff of the legislahre assembly, pending enactment of a law on the subject clause 47 of the bill empowers the legislative assembly of meghalaya to make rules for regulating its procedure and conduct of business it further provides that till such rules are made, the rules of procedure and standing orders applicable to the legislative assembly of assam shall apply to the legislative assemibly of meghalaya subject to any modifications or adaptations which may be made by the governor clause 54 provides for rules regarding the custody, etc, of the consolidated fund and contingency fund of meghalaya being made by the governor pending the enactment of legislation in this behalf clause 56 empowers the president to determine by order the proportion in which the grants-in-aid under article 275(1) of the constitution and taxes on income, duties of excise, estate duty, etc, shall be payable to the state of assam and the autonomous state of meghalaya it is not possible to specify in the bill the actual proportion because the actual territorial extent of meghalaya would be known only after the district councils of north cachar hills autonomous district and the mikir hills autonomous district have exerc :sed their option the order of the president will however be laid before parliament clause 66(2) empowers the appropriate government to adapt existing laws in order to facilitate their application in relation to the autonomous state of meghalaya this power will be available for a period of two years from the appointed day clausl' 17 empowers the president to direct, after consultation with the election commission, thl' modifications rubject to' which the representation of the people act 1951, would apply to elections to the legislative assembly of meghalaya clause 55(3) empowers the central government to direct that the laws with respect to tanf:'s on the consumption or sale of electricity and sale or purchase of goons shan have effect subject to specified exceptions and modifications for the purpose of enabling the government of meghalaya to collect those taxe-; the adaptations exceptions and modifications referred to above cannot affect the ~ubstance of the enactments clause 77 makes the usual provision regarding power to make rules it empowers the central government to make rules to give effect to the provisions of the bill the rules will have to be laid before both houses of parliament in the f~th schedwe tothe billl (whicb ne~s to ~9~8, sixth ~~~edule to the constitution), it is proposed to amend paragraph 2 of the sl?'~h schedule so as to provide that the rules relatmg to lilnitlitwm of constituencies, el~ctions, etc, to the district councilb which ar~ at present made' by the co'uncils themselves, should be made with the approlval dt the governor {p1¥~~ 2(iv)] lt is f~r~ proposed to ~e~ci paraaraph ,qf the batk;l&be4ule to enal:l~ viuage level courts t9, fuqctton marc jjf less like nyjya papr;:h~iyats in the r~s~ of th,ecqumry subj~t to tpe 1-1' )<;e9~ral rules relating to these courts being made by the assam ~vernm('~t or tpe meghalaya government, as the case ma~ be it is in-~~r--~i!d ~l: at appe~ls from the village level courts shojild lie to regwar c;~ur~s [p~rawaph 4(iii)] it is also proposed to amend paragj'apb ·7 f)/ the sixth schedule so as to take power for the governor to make rujw; for the management of the district fund or the regional fund, pfooedur~ for paiyment of ~oney into it, etc [paragraph 7] jt i~ a)~opropos~ to amend paragraph ~ pf the si~~p sched~1,e to emppwfff tp~ pi~trict council to make regujations, with the p;evipus approv~l of -~pe g()ve},'por, for tl}e replation of primary ~qolij, d~peflsari~, et~', ~,~"~pjish~d by thept [paragj:aph6] it will be seen that the matters mentioned above are metiers qf 1i114il or per,tain to prgcec4lfb ajld a~ §4~~ ~ 4e~~atiqn 9£ l~,@isljltive pgw-ers is of a normal nature - - - - - sixth schedule [articles 244(2) and 275(1)] prorisiods as to the administratiod of tribal areal in allam1 autonomous districts and autonomous regions-(1) •••• , - - - - - - (3) the governor may, by public notification,-(a) include any area in part a of the said table, , , i (b) exclude any area from part a of the said table, (c) create a new autonomous district, (d) increase the area of any autonomous district (e) diminish the area of any autonomous diitrict - (j) unite ~o or more autonomous district! or par1:l thereo1 '0 as to form one autonomous district, ~': (g) define the boundaries of any autonomous district: provided that ilq order shall be made by the governor under clauel (:c), (jii), (e) and (1) of this sub-paragraph except after :onaideration of the report of a commission appointed under sub-paragraph (1) of paragraph 14 of this schedule 2 constitution of district councils and repooal counaiii-(1) there shall be a district council for each autonomous district con&isting of not miore than twenty-four members, of whom not lesa than three-lourtha shall be elected on the basis of adult suffrage - - - - - - (6) the governor shall make rules for the first constitution of dis--trict councils and regional councils in consultation with the exiting tribal councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall pro~d f " \ - ,\ '',' '~",: 'j ~ or- ,f ' ,';-1 "j i, - - - - - - ," <e> the term of office of members ,of such councils; - - - - - - (g) the procedure and the conduct of businesa in the diatrict and regional councils; - - - - - - (7) the district or the regional council may after its 8rst eonatitl1· tion make rules with regard to the matters specified in sub-paragraph, (0) of this paragraph and may also make rules regulating-(4) the formation of subordinate local councils or boardt and their procedurej and the conduct of their business; and (b) generally all matters relating to the transaction of buttoeaa pertaining to the administration of the district or region, u the cue may be: t, if • provided that until l'ules arc made by the dj/ilrict or the regional council under this sub-paragraph the rules made by the governor under sub-paragraph (6) of this paragraph shall have effect in respect of elections to, the officers 1lm ~ ef, and the prc;>cedure and the conduct' of business in, each such council: provided fwthef ~at the d~puty com1pis$io~ or tpe ~ub-piv~ional officer as the cafe may be, of the north cachar and moor iiillsshall be the chairman ex-officio of the district council in respect of the territories included in items 5 and 6 respectively of part a of the table appended to praragraph 20 of this schedule and shall have power for a period of six years after the first cc;>pstitution of tbq dstrict council, subject to the control of the governor, to annul or modify any resolution of decision of the district council or to issue such instructions to the district council, as he may consider appropriate, and the distriet council shall -comply with ew!ry sueh instruction issued 3 powers of the district ccmukib and regional countils to mbke laws-(1) the regional council for an autonomous region in respect of ajl areas within such region and the district council for an autonomous eli8tr'ictt ij:lreepect of allai'eas within $e c;iistrict except those which are under the authority of regional councils, if any, wiulip the ~c'~ ~hal1 have power to make laws with respect to- (a) the allotment, occupation or use, or the setting apart, of land, other than my land which is a reserved forest, for \he purpose of agriculture or grazing or for residential or other nonr-airicultural purposes or for any other purpose likely to promote the idtehijts of the inhabitants of any village or town: provided that nothing in such laws shall prevent the compulsory acquisition of any land, whether oceupied or unoccupied, for public purposes by the govemment of assam in accordance with the law for the time being in force authorwng, sucll 4lcquisition; (b) the managenlent of any forest not being a reserved forest; (c)' the use of any canal or water-course f(1c the purpose of agriculture; l \ (d) the regulation of the practic:e of·, jhum or other forms of _ shifting cultivation; (e) the establishment of village or town committees or councils and their powers; (f) any other matter relating to village or town administration, including village or town police and public health and sanitation; (g) the appointment or succession of chiefs or headmen; (h) the inheritance of property; (0; mani~ie; ''"7-• " (j) socia! customs '" '" " '" '" - 4 administration of justice in autodoinious districts and autonoldoui -,to -(l) the regional co\ulcil for an autonolijlous region in respect of 'areas within :such region and the di~trict council -for an a~oub di!i»"i~ ~, ~~pectof areas \vithin the district other than those which are under the authority of the regional councils, if any, within the district may 'constitute village' councils or courts for the trial of sui ts and cases between the patties all of whom belong to scheduled tribes '~tb1n guch areas~'other' than suits and cases to which the provisions of sub-patagtaph ' (1) of paragraphs of this schedule apply, to the exclusion of any court to ' the sfa'te,·andmay appoint suitable persons to be members of stich village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this schedule (2) nqt~ithstanding anything in this constitution, the regional co~cil fqr an ilutonomous region or any court constituted in that behalf by the regional counc:il or, if in reipect of auy area wi~ an autonomous district there is no regional council, the 'district council for' such district, or any court constituted in that behalf by the district council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by' a village council or coart con'stitutedunder ·sub pangraph (1) of this paragraph within such region or area, as the ease n1ay be~ btlwllt' than those to which the provisions of su't);paragraph ~l)· of pat1lgtaph si- ~ of this sch~dule apply, and no other court except the high court and the supreme court shall have jurisdiction over such suits or cases ' : '(3) 'phs high caurt ,01 assam shall have and, ~e~f';ise ~, ~~cti, qv_ the· suits ad easel to whic:h the p~iolw of sl,tb-par4ph (a) of ibis-paragraph ~ly as the governch:' merr trom time to tjme by order~: 4 a ~gional council or district council, as th~ case may be; may with the previous approval of the governor make rules regulating- (11)' th~aonstitutionof vm&ge< eollrllo!l8> and' courts anel, thei powers to bt! exereiaed -by th~ under· tlns ~apapb; -(b) the p!'ocedure to'be foll~ed b~ vihagecouncils or co~rll -"~~q: the trial· of suits antj,cateb under sub·paragraph (lj of trus para~" ''mnh·, ~-"'f" , ~'-ute- ~~to· be followed: by the ;regional or district, council or any court constituted' by such cowcit in· appeals: ad other proceedings under sub-paragraph (2) of this paragraph; (d) the enforcement of decisions and orders of such councils and cour~i (e)att clther ancillary matters for the carrying out ottlle·~ ,viions·of~agraph (1) anq;' (2) of, tiuparagrapll - - - ' ' ';i;~~~o~"drediwiiict couadl to ntabliah'priallri s - ~ ~i~on for an autoaomous: diatriet lnll)'! eatabli8h, -c~ orinmap'~:sehools;' cli8pe'mjariettj markets, cattle ~da, f~ fisheries, roads 8nd waterways in the district and, in particui8r, may prescribe :the language- and the mamler in which ·primary edu'5tion shall be imparted in the primary schools in the district '7 1>;ist:rict and reaional f'udcis - (1 ) ,ii' (2)' subject to the approval of the governor, rules may' be madeb)' the district council and by the uegional council for the manaiement of the district fund or,as the case may be, the regional p'wid, and' the rules so made may prescribe-the procedure to be' followecl fit respect -of payment- of money into the said fuhd, the withdrawal" of momys therefrom, the custody of moneys thereiu and aily other matter eonnected ' with or ancillary to the matters aforesaid 8 powers to uses and collect land revenue and te impnee taua-(1) , - - - - - - (4) a regional council or district council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in suj:>-paragraphs (2) and (3) of this par~aph - - - - - 12 appticauon of acts of parliament add" of the ~"tun of tbii state to autodolda)us clistricts and autonomous repons-(l) notwith-tanding anything in this constitution- - - - - - - (b) the governor may, by public notification, direct that my aci of parliament or of the legislature of the state to which the provi- sions of clause (a) of this sub-paragraph do not apply shall notapp11 to an autonomous district or an autonomous region, or ahall apply to such district or region or any part thereof subject to iucb __ ~oaa , or modifications as he may specify in the notification - - - - - - 13 estimated receipts add expenditure pertaididc to aut"llclllllalua en trieta to be shown -tel, in the alldual 6n aocial ltatemedtr-the estimated recepits and ependiture pertaining to an autonomous dlitrict which are to be credited to, or is to be made from, the consolidated fudd of the state of assam shall be first placed before the district council for discussion and then after such discusalon be shown leparately m the annual financial statement of the state to be ,laid before the leei8latur of the state under article 202 - - - - - 15 adnulment or irbpeusiod of acta and resolutiobs of dlstrict and bepooal eowac:ils-(l) if at any time the governor is satlatied that an act or resolution of a dittict or a regional coundl is liltely to endangdt the safety of india, he may annul or suspend such act or resolution and take such steps as he may consider necessary (inchldlng the suspension of the council and the assumption to himself of all or, atly of the po~ vested in or exereisable by the council) to prevent the commtss1oaot continuanee of such ~, or the giving of effect to such l'8iolution - - - - - - extract nom the reserve bank of india act, 1934j, (201' 1934) - - 2ia (1) the bank may by agreement with the government of any state undertake-(a) all its money, remittance, exchange and banking transactions in india, including in particular, the deposit, free of interest, of all its cash balances with the bank; and (b) the management of the public debt of, and the issue of any new loans by, that state - - , bank to tralllact government b~­nessot states on agree_ ment extract from th'i!l states reorganisation act, 1956 (37 of 1956) - - - 16 (1) the zonal council for each zone shall consist of the following members, namely:-- - - composition otthe councill (d) in the case of the eastern zone, the person for the time being holding the office of the adviser to the governor of assam for tribal areas ' ' - a bill 10 provide for the formation within the state of assam of an autmiomous state to be mowq ii mesbalaya and for maners connected therewith (shrt y b c"-- m,," of h"",,:a/fgirs)

Parliament_bills

dd3b094a-c3d5-53e5-b400-cf9c0d87c5cc

bill no 39 of 2007 the constitution (scheduled castes) orders (amendment) bill, 2007 byshri l rajagopal, mp a billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution(scheduled castes) (union territories) order, 1951, and to amend the constitution(jammu and kashmir) scheduled castes order, 1956, the constitution(dadra and nagar haveli) scheduled castes order, 1962, the constitution(pondicherry) scheduled castes order, 1964, and the constitution(sikkim) scheduled castes order, 1978be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled castes) orders (amendment)act, 2007co 1952 in paragraph 3 of the constitution (scheduled castes) order, 1950, for the words"or the buddhist", the words, "the buddhist or the christian" shall be substitutedamendment of constitution (scheduled castes) order, 1950co 323 in paragraph 3 of the constitution (scheduled castes) (union territories) order,1951, for the words "or the buddhist", the words, "the buddhist or the christian" shall be substitutedamendment of constitution (scheduled castes) (union territories) order, 19515co 524 in the proviso to paragraph 2 of the constitution (jammu and kashmir)scheduled castes order, 1956, for the words "or the buddhist", the words, "the buddhist or the christian" shall be substitutedamendment of the constitution (jammu and kashmir) scheduled castes order,1956co 645 in the proviso to paragraph 2 of the constitution (dadra and nagar haveli)scheduled castes order, 1962, for the words "or the buddhist", the words, "the buddhist or the christian" shall be substitutedamendment of the constitution (dadra and nagar haveli) scheduled castes order, 196210co 686 in the proviso to paragraph 2 of the constitution (pondicherry) scheduled castesorder, 1964, for the words "or the buddhist", the words, "the buddhist or the christian" shall be substitutedamendment of the constitution (pondicherry) scheduled castes order, 1964co 110157 in the proviso to paragraph 2 of the constitution (sikkim) scheduled castesorder, 1978, for the words "or the buddhist", the words, "the buddhist or the christian" shall be substitutedamendment of the constitution (sikkim) scheduled castes order, 1978 statement of objects and reasonsindia is a secular and democratic republic the constitution prohibits the discrimination on the basis of religion, caste, place of birth, etc of the citizens simultaneously, it provides that the state shall make special provisions for the advancement of socially and educationally backward citizens of the country inspite of so many enabling provisions in the constitution to support the weaker sections of the society, the successive governments have shown no interest to confer the status of scheduled castes and extend the benefits of reservations to the persons who originally belonged to the scheduled castes and have since converted to christianity these persons are also known as dalit christiansthe social status of dalit christians has not improved much after their conversion from hindu religion to a new faith they are still living in pathetic conditions after conversion to a new faith these people lost the status of scheduled castes in the eyes of the law and were deprived of the benefit of reservation provided in jobs, etc under the state moreover, the social and educational status of dalit christians is not different from that of persons belonging to the scheduled castes in other religions they have not been included in the list of scheduled castes for the reason that these persons profess a religion different from the hindu, the sikh or the buddhist religion it is, therefore, necessary to amend the various constitution (scheduled caste) orders in order to extend the benefits of reservation to the persons who originally belonged to the scheduled castes and profess christian religionthe bill seeks to achieve the above objectivesnew delhi;l rajagopalfebruary 23, 2007 financial memorandumclauses 2 to 7 of the bill seek to include persons professing christian religion into the list of scheduled castes based on their social, educational and economic backwardness the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to the proposed new community under continuing schemes meant for development of scheduled castes it is estimated that an annual recurring expenditure of about rupees one hundred crore is likely to be incurred from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be incurred annexureextract from the constitution (scheduled castes) order, 1950co 19 3 notwithstanding anything containing in paragraph 2, no person who professes a religion different from the hindu, [the sikh or the buddhist] religion shall be deemed to be a member of a scheduled caste the constitution (scheduled castes) order, 1950extract from the constitution (scheduled castes) (union territories) order, 1951co 32 3 notwithstanding anything containing in paragraph 2, no person who professes a religion different from the hindu, [the sikh or the buddhist] religion shall be deemed to be a member of a scheduled caste the constitution (scheduled castes) (union territories) order, 1951extract from the constitution (jammu and kashmir) scheduled castes order, 1956co 52 2 the castes specified in the schedule to this order shall, for the purposes of the constitution, be deemed to be scheduled castes in relation to the state of jammu and kashmirprovided that no person who professes a religion different from the hindu [the sikh or the buddhist] religion, shall be deemed to be a member of a scheduled castethe constitution (jammu and kashmir) scheduled castes order, 1956 extract from the constitution (dadra and nagar haveli) scheduled castes order,1962co 64 2 the castes, races or tribes, or parts of, or groups within, castes, races or tribes specified in the schedule to this order, shall for the purposes of the constitution, be deemed to be scheduled castes in relation to the union territory of dadra and nagar haveli so far as regards members thereof resident in that union territorythe constitution (dadra and nagar haveli) scheduled castes order, 1962provided that no person who professes a religion different from the hindu [,the sikh or the buddhist] religion, shall be deemed to be a member of a scheduled caste extract from the constitution (pondicherry) scheduled castes order, 1964co 68 2 the castes, races or tribes, or parts of, or groups within, castes, races or tribes specified in the schedule to this order, shall for the purposes of the constitution, be deemed to be scheduled castes in relation to the union territory of pondicherry so far as regards members thereof resident in that union territorythe constitution (pondicherry) scheduled castes order, 1964provided that no person who professes a religion different from the hindu [,the sikh or the buddhist] religion, shall be deemed to be a member of a scheduled caste extract from the constitution (sikkim) scheduled castes order, 1978co 110 2 the castes, races or tribes, or parts of, or groups within, castes, races or tribes specified in the schedule to this order, shall for the purposes of the constitution, be deemed to be scheduled castes in relation to sikkim so far as regards members thereof resident in that union territorythe constitution (sikkim) scheduled castes order, 1978provided that no person who professes a religion different from the hindu [,the sikh or the buddhist] religion, shall be deemed to be a member of a scheduled caste ————— a billfurther to amend the constitution (scheduled castes) order, 1950, the constitution(scheduled castes) (union territories) order, 1951, and to amend the constitution(jammu and kashmir) scheduled castes order, 1956, the constitution(dadra and nagar haveli) scheduled castes order, 1962, the constitution(pondicherry) scheduled castes order, 1964, and the constitution(sikkim) scheduled castes order, 1978—————(shri l rajagopal, mp)mgipmrnd—953ls(s3)—14-03-2007

Parliament_bills

375f9432-d0ab-520d-920b-6ae9d329aad8

btu no 158 of 1980 the high court at bombay (extension of jurisdic- tion to goa, daman and diu) bill, 1980 a billto p1'ovide for the extension of the jurisdiction of the high court at bombay to the unicm territory of goa, daman and diu, for thr establishment of a permanent bench of that high court at panaji and for mattets connected therewith be it enacted by parliament in the thirty-first year of the republic of india as follows:-1 (1) this act may be called the high court at bombay (extension short of jurisdiction to goa, daman and diu) act, 1980 title and commencement 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-definitions (/1) "appointed day" means the date on which this act comes into force; 10 (b) "court of the judicial commissioner" means the court of the judicial commissioner for goa, daman and diu 3 (1) on and from the appointed day, the jurlldletlon of the a court at bombay shall extead to the union territory of go, dun and diu '(2) on and from the appointed day, the court of the judicial commissioner shall cease to function and is hereby abolished: extension of jurisdiction of bombay high court to goa, daman and diu provided that nothing in this sub-section shall prejudice or affect the continued operation df any notice served, injunction issued, directlon given or proceedings taken before the appointed day by the court of the judicial commissioner, abolished by this sub-section, under the powers then conferred upon that court 10 jurisdiction of bombay high court 4 on and from the appointed day, the high court at bombay shall have, in respect of the territori'es included in the union territory of goa, daman and diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of the said territories by the court of the judicial 15 commissioner 5 the provisions of chapter vi of part vi of the constitution shall apply to the high court at bombay in relation to the exercise of its jurisdiction to the union territory of goa, daman and diu~ subject to the following exceptions and modifications, namely:-20 (a) the references in the said chapter to "state" except where it occurs in the expression "governor of the state" shall be construed as references to the union territory of goa, daman and diu; , (0) in cia,' ',use (1) of article 233, {and,in article ~, t~e ~rences to the governor of the stau qh4 ~m m-tfc1e 2:n, the t~rrt~ to 25 the governor, shall be construed as reterebces to the administrator of the union territory of goa, daman and diu; (c) the provisions of article 'sa shall not apply; chapter vi of part vi of the constitution to apply to the bombay high court exercising jurisdiction over the union territory of goa, daman and diu (d) in ,article 2341 the ·reference to ,the sta~e public ~vice commission shall be construed as a reference to the tjnio,{ public 30 service commission 6 subject to any rule made or' d1reetlorl' gf~~nby the' m~h' court at bombay in· this behalf, any ,person who, immediately be10rethe aj:<,ointed day, is an advocate entitled to practise in the ,court ',01 ,~e judicial commissioner shall be entitled to practise as an advocate in the 3~ high court at aombay special provlsions relating to ad-vocates 7 (1) all proceedings pending in the court of the judicial commissioner immedioate1y bet~e the itppointed day sbal~ r staad trulsfe~ed to the high court at bombay '" (2) every proceeding transferred under sub-section (1) shall be dis- 40 posed of by the hig,h court at bombay a's if slm:h proceeding were en\e1"-tained by that high court (3) amy, ol'ger made·lilefore tb& ~ted, ,00y· oyf·~"coh' of the judicial commissioner shall, for all purposes, have effect -det orhy as an order of that court but also as an order of the high court at bombay, 1 - ~ ; - i· "; ~ " transfer of pend-ing pro-ceedings from the court of the judicial com-missioner to the bombay high court " ( r , ' , , : ' ~ adwicrte,edtitjaa<td'lwtiie im,the'£eart·ol1h,e,juliieialj cammilbioller ~ jauj,qharised ta appeao oz':to ~it· dntul¥ ~ ilirar;wfemmi froillh~t:,coult·smqari_ctiitll rr, itu:bue,:tbe"mgbt itoappear or ~o 5 _taa: tbe iiluij be, inot8e} •• (£ouriiat·~'ia,dni8jat1od:to ~didgi; right it) appear or act in proceedings transferred to the bombay high court 9 on and from the appointed day, thereiiw , •• rhb_li, permanent bench of the higb court at bombay at panaji and such thadtmj o~ "la,~;",~"j1"'t;~;tw itt •• ber, 10 ,cwt ~~ t"imiihi~ ~\~ m:r~~ ·~k m,'wiij;1f,,~w ~ 1 r~1_~r8l1lrttm'ifj iim t"'i~ "'4~rin ~ ~ ~;,~ 04~/~ i8 t ~ twtt •• ~~,:g~l""ii\ld4~ establishment of a permllndt' bench"bf bombay hi,h court at panaji pl!o¥idelll that ·the, ctfief·1j ustic!' lof-that·hirb· coul't ·may, ·in hi's dials atioll,orde!r ·that laily-eatleor elllh·of'cases«riling·jn territofy shall be heard at bombay 10 the expenditure in respect of the high court at bombay, including the expenditure in respect of the salaries and allowances of the judges, officers and servants of the high court shall, as from the 20 appointed day, be allocated between the state of maharashtra and the union in such proportion as the president may, by order, determine allocation of expenditure of the bombay high court rule of construction 11 references in any law i'n force in the union territory of goa, daman and diu to the court of the judicial commissioner shall, on and from the appointed day, be construed in relation to that territory as 2s references to the high court at bombay 12 as from the appointed day, in the goa, daman and diu civil courts act, 1965,- : oi_ ~~ i t i&,ui (i) in section 2, for clause (b), the following clause shall be 6ubstituted, namely:-i amend ment of goa, daman and diu act 16 of 1965 30 '(b) "high court" means the high court at bombay exercising jurisdiction over the union territory'; 10 of 1961 (ii) in section 7, in su~ section ~1), the words, brackets and figures "subject to the provisions contamed in ~he goa, daman and diu (judicial commissioner's cour~) regulatlon, 1963, and the rules made thereunder," shall be onutted 3s power to remove dimcul_ ties (1) if difficulty arises in giving effect to the provisions of 13 h canyt i government may by order notified in the official this act teen ra ' t f ' k h provision not inconsistent wlth he provlslons 0 gazette ma e sue, f h i f ' t it to be necessary or expedient or t e remova a this act, as appears 0 i'" '" , 40 the difficulty: : __ a1''''~ - ~lfil provided that no such order shall be made after the expiry of a period ot two years 'from the appointed day (~) every order made under this section ihall be iaici, :a& 16ot1~ as may be after it is made, before each houle of parliamen~ tdle it iii· tin session, for a total period of thirty day which may be compriaed illude session or in two or more suceessive sessions, and i'l,before the espiry, at the session :immediately following the aeuion or the succeaive sessi s aforesaid, both houses agree in making any modification i ill tlmtorder or both houses agree that the order should not be made, the order shall thereafter have effect only in such modifted form or be of no eftect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously 10 done under that order' power to adapt lawi 16 for the purpose of facilitating the application of «ny law m relation to the union territory of goa, daman and diu, the central government may, before the expiration of two yean from the appointed day, by order, make such adaptations andmodfftcatiglll of the law, is whether by way of repeal or amendment, as may be neeessary' or expedient to give effect to the provisions of this act and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legt lature or other competent authority, there has been a persistent demand for'tbe extension of the jurisdiction of a high court to the union territory of goa,' daman and diu and for the establishment of a permanent 'qench of that high court there in lieu of the existing court of the judicial commissioner although the judicial commissioner's court functioning at present ut that union territory has been given certain powers of a high court under the provisions of the goa, daman and diu (judicial commisttoner's q)urt) regulation, 1963, it is not a full-fledged high court the judicial commissioner also does not enjoy those constitutional safeguards which protect the independence of a high court judge it is felt that the extension of the jurisdiction of 3 high court to the union territory wm improve the tone of judicial administration in that unioa territory and in~pire greater public confidence it is, therefore, proposed toftterld the jurisdiction of the bombay high court to the union territory of goa, daman and diu and abolish the court of the judicial commiasioaer there it is also proposed to establish a permanent bench of that high court at panaji the bill seeks to achieve the above objects : new delhi; p shiv shanker the 4th august, 1980 c~use 3,(1) of t~ bil~~:rofi4es for the ,extel)~on of th~j~tion of t"" m~ court at borpbay,to the u~~ ~ritpl;y ,q~g~d,~iaqn)d dlu;cla,use 9 ~ th~ bill f,qyjde~ for the, e~i~ ot,pe~_t bejlf:bdf the uigb court at b0jn~ at paliaii 2 om! taxiitiiig ~t~ there is jwtieiw\ ctadeeioer's '~'1ld tll,u,li_1tenritary to! gdj,:n-ti __ (diai_iliiwi1w:et_e ,jwaqialco f' 'add,cim adiliticaarullllllaiulcb __ slic u: a,mtr ~ jurjdktiaa iof tbe·b"')li\!!piii comt u __ diil,:to~qalien tintt~'-"_ijudilw,;ci in; \t cotirt 1i'ib :8iiiiaci1tuo1jeheelp"at ~prel_,~ ejiip8gditu&-oi tha,«delof bs: laoj6iia~ ~ jeutiag j_ui'nii'gr die,pa,add of ,tbeujudimei·aaidissi t 'lad mdl"tihiil·u l commimiome,aad 'tjie , - ,_ ! 1t exd:lmn __ agld:~ tiiiitm_t 'of a peniiiiiie!lt·cu ""8 ~ii of thf·· 1'tuga coltrt at fadbjiu·piigp ' irthelbill,waaldrb'l_~e • addiueaal: expemitum of &; la;ooo :pel" l~ 3 iri so far as non-recurring expenditure is conc'el'lled,'th~ e}ctstiog buildings for the judicial commissioner's court and additional jlldicfal commissioner's court ~,·be utililile(twi~~iwb"gf~ellijg!;l,~urt therefore, there may not be additional capital expenditure on that count also, the existing official residences of judicial commissioner and additional judicial commissioner would be available for the judges on the bench it will, however, have to be decided in due course whether any residence has to be constructed for a judge on the bench or whether both these residences are suitable i , j clause 13 of the bill empowers the central government to make, by order notified in the official ~~ '!luch provision for the removnl of any difficulty which may arile,m:·gi""effect to the provisions of the act it has been made clear in the clause itself that the provisions so made should not be inconsistent with the provisions of the act no order under this ~ion 'witt !be tnade- ~;the expiry of a period of two years from the appointed day, that is, the date on waich the act cotnt!sintb' 'force olmsa h of the bill, er,verlf~ the centllal' ,gmenlilmhlt·:to,·dapt existing laws in order to facilitate their applioat&oa "0,_: vrjul·,teltitory ot goa, damanand diu thia power will awo be available,until the expintion of two years from the appointed day the delegation of legislative power under the above-ment1oned provisions relates to matters of procedure or administrative detail 't1t to ~"nttters,1n tesp8et"oi which: it is ,not· ~irtolriua at,this stage !fijm:e;! the ~ption ·of leplative'powerii ·ofa·,mtrmai obaaeter - put vi the states - • - • chapteil vi-suboroinate oouatsappoint mentof district judges 233 (1) appointments of persons to be, and the posting and pro motion of, district judges in any state shall be made by the governor of the state in eonsultation with the high court exercising juritdiction in relation to such state - - - - - 233a notwithstanding any judgment, decree or order of any court,-(4) (i) no appointment· of any person already in the judicial service c:jf a state or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that state, and (ii) no posting, promotion or transfer of any such person as a district judge, validationof appointments of and judgments, etc, deliveredby, certain district judges made at any time before the commencement of the constitution (twentieth amendment) act, 1966, otherwise than in a<:cordance with the provisions of 3rticle 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions; (b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the constitution (twentieth amendment) act, 1966 by, or before, any person appdinted, postecl promoted or transferred as a district judge in any state otherwise than in accordance with the provisions of article 233 or article 23~ shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions 234 appointments of persons other than district judges to the judicial service of a state shall be made by the governor of the state in accordance with rules made by him in that behalf after consultation with the state public service commission and with the high court exercisi'ng jurisdiction in relation tt> such state recruitmentof persons other than 4iistrict judie! to the judicial service 237 the governor may by p blic notification direct that the :(oregoing provisions of this chapter and any rules made thereunder shall ~th ef':~t from such date as may be fixed by him in th~t behalf apply m relation to any class or classes·· of magistrate:; in the state as they apply in relation to persons appointed to the judicial bcl'vice of the state subject to such except :ons and modifications as may be specified in the notification - - - - - application of the provisions 01 this chapter tocertain class or classes of magistrates extracts from the goa, daman and diu civil courts act, 1965(no 16 of 1965) - - - - - deftni tions 10 of 1963 2 in this act, unless the context otherwise requires: - - - - - (b) "high court" means the judicial commissioner's com constituted by the goa, daman and diu (judicial commissioner's court) regulation, 1963 - - - - - 7 (1) subject to the provi~ions cantained in the goa, daman and control 10 of diu (judicial commissioner's court) regulation, 1963 and the rules and 1963 made thereunder, the district judge shall have general cuntrol over all :::::i the civi1 courts subordinate to the district court and their establish-courtl ment and it shall be his duty to inspect, or to cause one of his assistants to inspect, the proceedings of all such courts thereafter the district judge or an additional district judge may give such direction wi'th respect to matters not provided for by law as he may think necessary - - - - - a, bill to "pl"m'ide fer the extalhidn of the jurisdiction of the high court at !km1bay io the 1:jniaa 'terl'hory of goa, daman and ~u, for the eftiibtisbmejltuf a pei'iilaaant bench of that high court at panaji and 'for matteraccmnw:ted therewith (shri p shiv shan1cer, mimrter of law, jultice ,,'rid compantl affain)

Parliament_bills

5cf59dc3-9a27-5134-be86-58257ea93959

bill no 12 of 2016 the euryale ferox nut growers (remunerative price and welfare) bill, 2016 byshri kirti azad, mpa billto provide for payment of remunerative price to euryale ferox nut growers, insurance of euryale ferox nut crop free of cost and for overall welfare of euryale ferox nut growers and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencementwelfare) act, 2016definitions2 in this act, unless the context otherwise requires,—(a) "fund" means the euryale ferox nut growers welfare fund constituted under section 6;(b) "grower" means any person who cultivates euryale ferox; and (c) "prescribed" means prescribed by rules made under this act53 (1) the central government shall procure the entire euryale ferox nut crop from growers through such agency as may be prescribedprocurement of euryale ferox nut crop4 the central government shall fix remunerative price of euryale ferox nut every year after taking into consideration—10fixation of remuneration price of euryale ferox nut(a) increase in the price of euryale ferox nut seeds, pesticides, fertilizers andother inputs;(b) total investment made by the euryale ferox nut growers; and(c) such other factors, as may be prescribedinsurance155 the entire euryale ferox nut cultivated by every grower shall be compulsorily insured free of cost by the central government against natural calamities, fall in the yield of euryale ferox nut, fall in the price of euryale ferox nut and such other eventualities as may be prescribed6 (1) the central government shall constitute a fund to be known as the euryale ferox nut growers welfare fundeuryale ferox nut growers welfare fund20(2) the central government and the state governments concerned shall contribute to the fund in such ratio as may be prescribed7 the fund shall be utilized—utilisation of the fund25(a) to provide financial assistance to euryale ferox nut growers for purchasingeuryale ferox nut seeds, pesticides and fertilizers and in cases of low yields of euryale ferox nut or loss of their crops due to rains, storms, floods, hailstorms or drought;(b) to pay compensation to the next of kin of euryale ferox nut growers in theevent of their death;30(c) to provide free health facilities to euryale ferox nut growers and theirfamilies;(d) to provide assistance to the euryale ferox nut growers in the event of disability; and(e) for such other purposes as may be prescribed by the central governmentpower to make rules8 (1) the central government may make rules for carrying out the purposes of thisact3540(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 states of bihar, assam, odisha and manipur have conducive conditions for the production of euryale ferox nut the euryale ferox nut, as a food product, is used as a salty item by roasting it, and as sweet item in kheer, prasada etc particularly in north india, it is served to women post natal for medicinal purposes but of late, euryale ferox nut growers in the country are facing problems as they are not getting remunerative price for their produce euryale ferox nut cultivation is turning out to be a non-profitable venture for the farmers due to increase in the prices of euryale ferox nut seeds, fertilizers, pesticides and other inputs due to high investment involved in the cultivation of euryale ferox nut, farmers have to go for loans and on account of being unable to repay the loans, they are living under great distress being a cash crop, insurance facility is also not available to the euryale ferox nut farmersthe condition of euryale ferox nut growers in the leading euryale ferox nut producing states of bihar, assam, odisha and manipur is pitiable farmers of these states are getting into debt trap and in many cases, their financial condition is compelling them to take the extreme step of committing suicidetherefore, it is the responsibility of the central government to fix the remunerative price of euryale ferox nut; provide for free and compulsory insurance of euryale ferox nut crops and constitute a euryale ferox nut growers welfare fund to meet various needs of euryale ferox nut growershence this billnew delhi;kirti azaddecember 11, 2015 financial memorandumclause 3 of the bill provides for procurement by the central government of entire euryale ferox nut produced in the country clause 5 provides for compulsory insurance of euryale ferox nut crop free of cost against natural calamities, fall in the yield of euryale ferox nut, fall in price of euryale ferox nut and such other eventualities clause 6 provides for the constitution of a euryale ferox nut growers welfare fund the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees two thousand crore may be involved per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees seven hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for payment of remunerative price to euryale ferox nut growers, insuranceof euryale ferox nut crop free of cost and for overall welfare of euryale ferox nutgrowers and for matters connected therewith————(shri kirti azad, mp)

Parliament_bills

09abea1a-faf2-5652-870c-fcbe073b9add

bill no 100 of 2018 the arbitration and conciliation (amendment) bill, 2018 a billfurther to amend the arbitration and conciliation act, 1996be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the arbitration and conciliation (amendment) act, 2018short title and commencement5(2) save as otherwise provided in this act, it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision26 of 1996amendment of section 2102 in the arbitration and conciliation act, 1996 (hereinafter referred to as the principal act), in section 2,—(i) in sub-section (1),—(a) after clause (c), the following clause shall be inserted, namely:—'(ca) "arbitral institution'' means an arbitral institution designated by the supreme court or a high court under this act;'; (b) after clause (h), the following clauses shall be inserted, namely:—'(i) "prescribed" means prescribed by rules made under this act;(j) "regulations" means the regulations made by the council under this act'; (ii) in sub-section (2), in the proviso, for the word, brackets and letter"clause (a)", the word, brackets and letter "clause (b)" shall be substituted3 in section 11 of the principal act,—amendment of section 115(i) after sub-section (3), the following sub-section shall be inserted, namely:—"(3a) the supreme court and the high court shall have the power to designate arbitral institutions from time to time, which have been graded by the council under section 43f, for the purposes of this act:10 15provided that in respect of those high court jurisdictions, where no graded arbitral institutions are available, then, the chief justice of the concerned high court may maintain the panel of arbitrators, for discharging the functions and duties of arbitral institution and any reference to the arbitrator shall be deemed to be an arbitral institution for the purposes of this section and the arbitrator appointed by a party shall be entitled to such fee as prescribed under the fourth schedule:provided further that the chief justice of the concerned high court may, from time to time review the panel of arbitrators"20(ii) in sub-section (4), in the long line, for the portion beginning with "the appointment shall be made" and ending with "designated by such court", the following shall be substituted, namely:—25"the appointment shall be made, on an application of the party, by the arbitral institution designated by the supreme court, in case of international commercial arbitration, or by the high court, in case of arbitrations other than international commercial arbitration, as the case may be"; (iii) in sub-section (5), for the portion beginning with "the appointment shall be made" and ending with "designated by such court" the following shall be substituted, namely:—30"the appointment shall be made on an application of the party in accordance with the provisions contained in sub-section (4)";(iv) in sub-section (6), in the long line, for the portion beginning with "party may request" and ending with "designated by such court" the following shall be substituted, namely:—35"the appointment shall be made, on an application of the party, by the arbitral institution designated by the supreme court, in case of international commercial arbitration, or by the high court, in case of arbitrations other than international commercial arbitration, as the case may be"; (v) sub-sections (6a) and (7) shall be omitted;40 (vi) in sub-section (8), for the words "the supreme court or, as the case may be, the high court or the person or institution designated by such court", the words, brackets and figures "the arbitral institution referred to in sub-sections (4), (5) and (6)" shall be substituted;45(vii) in sub-section (9), for the words "the supreme court or the person or institution designated by that court", the words "the arbitral institution designated by the supreme court" shall be substituted;(viii) sub-section (10) shall be omitted; (ix) for sub-sections (11) to (14), the following sub-sections shall be substituted, namely:—50'(11) where more than one request has been made under sub-section (4)or sub-section (5) or sub-section (6) to different arbitral institutions, the arbitral institution to which the request has been first made under the relevant sub-section shall be competent to appoint 5(12) where the matter referred to in sub-sections (4), (5), (6) and (8) arise in an international commercial arbitration or any other arbitration, the reference to the arbitral institution, in those sub-section shall be construed as a reference to the arbitral institution designated under sub-section (3a)(13) an application made under this section for appointment of an arbitrator or arbitrators shall be disposed of by the arbitral institution within a period of thirty days from the date of service of notice on the opposite party10(14) the arbitral institutions shall determine the fees of the arbitral tribunaland the manner of its payment to the arbitral tribunal subject to the rates specified in the fourth schedule15explanation—for the removal of doubts, it is hereby clarified that this sub-section shall not apply to international commercial arbitration and in arbitrations (other than international commercial arbitration) where parties have agreed for determination of fees as per the rules of an arbitral institution'amendment of section 174 in section 17 of the principal act, in sub-section (1), the words and figures "or at any time after the making of the arbitral award but before it is enforced in accordance with section 36" shall be omitted20amendment of section 235 in section 23 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—"(4) the statement of claim and defence under this section shall be completed within a period of six months from the date the arbitrator or all the arbitrators, as the case may be, received notice, in writing, of their appointment"256 in section 29a of the principal act,—(a) for sub-section (1), the following sub-section shall be substituted, namely:—amendment of section 29a"(1) the award in matters other than international commercial arbitration shall be made within a period of twelve months from the date of completion of pleadings under sub-section (4) of section 23";30(b) in sub-section (4), after the proviso, the following provisos shall be inserted, namely:—"provided further that where an application under sub-section (5) is pending, the mandate of the arbitrator shall continue till the disposal of the said application:35provided also that the arbitrator shall be given an opportunity of beingheard before the fees is reduced"amendment of section 347 in section 34 of the principal act, in sub-section (2), in clause (a), for the words"furnishes proof that", the words "establishes on the basis of the record of the arbitral tribunal that" shall be substituted40amendment of section 378 in section 37 of the principal act, in sub-section (1), for the words "an appeal",the words "notwithstanding anything contained in any other law for the time being in force, an appeal" shall be substituted9 after section 42 of the principal act, the following sections shall be inserted, namely:—45insertion of new sections 42a and 42b confidentiality of information"42a notwithstanding anything contained in any other law for the time beingin force, the arbitrator, the arbitral institution and the parties to the arbitration agreement shall keep confidentiality of all arbitral proceedings except award where its disclosure is necessary for the purpose of implementation and enforcement of awardprotection of action taken in good faith42b no suit or other legal proceedings shall lie against the arbitrator for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder"10 after part i of the principal act, the following part shall be inserted, namely:—insertion of new part5 'part ia arbitration council of indiadefinitions43a in this part, unless the context otherwise requires,—(a) "chairperson" means the chairperson of the arbitration council of india appointed under clause (a) of sub-section (1) of section 43c;10(b) "council" means the arbitration council of india established under section 43b;(c) "member" means a member of the council and includes the chairperson1543b (1) the central government shall, by notification in the official gazette, establish, for the purposes of this act, a council to be known as the arbitration council of india to perform the duties and discharge the functions under this actestablishment and incorporation of arbitration council of india(2) the council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued20 (3) the head office of the council shall be at delhi (4) the council may, with the prior approval of the central government, establish offices at other places in india43c (1) the council shall consist of the following members, namely:—composition of council25(a) a person, who has been, a judge of the supreme court or, chief justiceof a high court or, a judge of a high court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, to be appointed by the central government in consultation with the chief justice of india—chairperson;30(b) an eminent arbitration practitioner having substantial knowledge andexperience in institutional arbitration, both domestic and international, to be nominated by the central government—member;(c) an eminent academician having experience in research and teaching inthe field of arbitration and alternative dispute resolution laws, to be appointed by the central government in consultation with the chairperson—member;35(d) secretary to the government of india in the department of legal affairs, ministry of law and justice or his representative not below the rank of joint secretary—member, ex officio;40(e) secretary to the government of india in the department ofexpenditure, ministry of finance or his representative not below the rank of joint secretary— member, ex officio;(f) one representative of a recognised body of commerce and industry, chosen on rotational basis by the central government—part-time member; and(g) chief executive officer—member-secretary, ex officio45(2) the chairperson and members of the council, other than ex officio members, shall hold office as such, for a term of three years from the date on which they enter upon their office:provided that no chairperson or member, other than ex officio members, shall hold office as such after he has attained the age of seventy years in the case of chairperson and sixty-seven years in the case of member5(3) the salary, allowances and other terms and conditions of the chairperson and members of the council referred to in clauses (b) and (c) of sub-section (1) shall be such as may be prescribed by the central government(4) the part-time member shall be entitled to such travelling and other allowances as may be prescribed by the central government10duties and functions of council43d (1) it shall be the duty of the council to take all such measures as may be necessary to promote and encourage arbitration, mediation, conciliation or other alternative dispute resolution mechanism and for that purpose to frame policy and guidelines for the establishment, operation, and maintenance of uniform professional standards in respect of all matters relating to arbitration(2) for the purposes of performing the duties and discharging the functions under this act, the council may—15(a) frame polices governing the grading of arbitral institutions; (b) recognise professional institutes providing accreditation of arbitrators; (c) review the grading of arbitral institutions and arbitrators;20(d) hold training, workshops and courses in the area of arbitration incollaboration of law firms, law universities and arbitral institutes;(e) set up, review and update norms and ensure satisfactory level ofarbitration and conciliation;25(f) act as a forum for exchange of reviews and techniques to be adopted forcreating a platform to make india a robust centre for domestic and international arbitration and conciliation;(g) make recommendations to the central government on various measuresto be adopted to make provision for easy resolution of commercial disputes;(h) promote institutional arbitration by strengthening arbitral institutions;30(i) conduct examination and training on various subjects relating toarbitration and conciliation and award certificates thereof;(j) establish and maintain depository of arbitral awards made both in indiaand overseas;(k) make recommendations regarding personnel, training and infrastructureof arbitral institutions; and35(l) such other functions as may be decided by the central government43e the council may, appoint such experts and constitute such committees of experts as it may consider necessary to discharge its functions on such terms and conditions as may be specified by the regulationsappointment of experts and constitution of committees thereof40general norms for grading of arbitral institutions43f the council shall make grading of arbitral institutions on the basis of criteria relating to infrastructure, quality and calibre of arbitrators, performance and compliance of time limits for disposal of domestic or international commercial arbitrations, in such manner as may be specified by regulations| norms ||----------------|| accreditation |43g the qualifications, experience and norms for accreditation of arbitrators shall be such as specified in the eighth schedule: provided that the central government may, after consultation with the council, by notification in the official gazette, amend the eighth schedule and thereupon, the eighth schedule shall be deemed to have been amended accordinglydepository of awards543h the council shall maintain an electronic depository of all arbitral awardsmade in india and such other records related thereto in such manner as may be specified by the regulationspower to make regulations by council43-i the council may, in consultation with the central government, makeregulations, consistent with the provisions of this act and the rules made thereunder, for the discharge of its functions and perform its duties under this act10chief executive officer 43j (1) there shall be a chief executive officer of the council, who shall beresponsible for day-to-day administration of the council(2) the qualifications, appointment and other terms and conditions of servicesof the chief executive officer shall be such as may be prescribed by the central government15(3) the chief executive officer shall discharge such functions and perform suchduties as may be specified by regulations(4) there shall be a secretariat to the council consisting of such number ofofficers and employees as may be prescribed by the central government20(5) the qualifications, appointment and other terms and conditions of the serviceof the employees and other officers of the council shall be such as may be prescribed by the central government'amendment of section 4511 in section 45 of the principal act, for the words "unless it finds", the words"unless it prima facie finds", shall be substitutedamendment of section 502512 in section 50 of the principal act, in sub-section (1), for the words "an appeal",the words "notwithstanding anything contained in any other law for the time being in force, an appeal" shall be substitutedinsertion of new section 8713 after section 86 of the principal act, the following section shall be insertedand shall be deemed to have been inserted with effect from the 23rd october, 2015, namely:—303 of 2016"87 unless the parties otherwise agree, the amendments made to this act by the arbitration and conciliation (amendment) act, 2015 shall—(a) not apply to—3 of 2016(i) arbitral proceedings commenced before the commencement ofthe arbitration and conciliation (amendment) act, 2015;effect of arbitral and related court proceedings commenced prior to 23rd october, 2015353 of 2016(ii) court proceedings arising out of or in relation to such arbitralproceedings irrespective of whether such court proceedings are commenced prior to or after the commencement of the arbitration and conciliation (amendment) act, 2015;403 of 2016(b) apply only to arbitral proceedings commenced on or after thecommencement of the arbitration and conciliation (amendment) act, 2015and to court proceedings arising out of or in relation to such arbitral proceedings"insertion of new schedule14 after the seventh schedule to the principal act, the following schedule shall be inserted, namely:— qualifications and experience of arbitratora person shall not be qualified to be an arbitrator unless he—(i) is an advocate within the meaning of the advocates act, 1961 having ten years of practice experience as an advocate; or(ii) is a chartered accountant within the meaning of the chartered accountant act, 1949 having ten years' of practice experience as a chartered accountant; or(iii) has been an officer of the indian legal service; or (iv) has been an officer with law degree having ten years' experience in the legal matters in the government, autonomous body, public sector undertaking or at a senior level managerial position in private sector; or(v) has been an officer with engineering degree having ten years' of experience as an engineer in the government, autonomous body, public sector undertaking, or at a senior level managerial position in private sector or self-employed; or(vi) has been an officer having senior level experience of administration in the central or state government or having experience of senior level management of a public sector undertaking or a government company or a private company of repute;(vii) is a person, in any other case, having educational qualification at degree level with ten years' of experience in scientific or technical stream in the fields of telecom, information technology, intellectual property rights or other specialised areas in the government, autonomous body, public sector undertaking or at a senior level managerial position in a private sector, as the case may be general norms applicable to arbitrator(i) the arbitrator shall be a person of general reputation of fairness, integrity and capable to apply objectivity in arriving at settlement of disputes;(ii) the arbitrator must be impartial and neutral and avoid entering into any financial business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias amongst the parties;(iii) the arbitrator should not involve in any legal proceeding and avoid any potential conflict connected with any dispute to be arbitrated by him;(iv) the arbitrator should not have been convicted of an offence involving moral turpitude or economic offence;(v) the arbitrator shall be conversant with the constitution of india, principles of natural justice, equity, common and customary laws, commercial laws, labour laws, law of torts, making and enforcing the arbitral awards;(vi) the arbitrator should possess robust understanding of the domestic and international legal system on arbitration and international best practices in regard thereto;(vii) the arbitrator should be able to understand key elements of contractual obligations in civil and commercial disputes and be able to apply legal principles to a situation under dispute and also to apply judicial decisions on a given matter relating to arbitration; and(viii) the arbitrator should be capable of suggesting, recommending or writing a reasoned and enforceable arbitral award in any dispute which comes before him for adjudicationamendment to act 3 of 201615 section 26 of the arbitration and conciliation (amendment) act, 2015shall be omitted and shall be deemed to have been omitted with effect from the 23rd october, 2015 statement of objects and reasonsthe arbitration and conciliation act, 1996 (the act) was enacted to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards and also to define the law relating to conciliation and for matters connected therewith or incidental thereto the said act was amended by the arbitration and conciliation (amendment) act, 2015 to make arbitration process cost effective, speedy, with minimum court intervention and to maintain ensure of arbitrators2 the promotion of the institutional arbitration in india by strengthening indian arbitral institutions has been identified critical to the dispute resolution through arbitration though arbitral institutions have been working in india, they have not been preferred by parties, who have leaned in favour of ad hoc arbitration or arbitral institutions located abroad therefore, in order to identify the roadblocks to the development of institutional arbitration, examine specific issues affecting the indian arbitration landscape, and also to prepare a roadmap for making india a robust centre for institutional arbitration both domestic and international, the central government constituted a high level committee under the chairmanship of justice b n srikrishna, former judge of supreme court of india3 the terms of reference the committee, inter alia, include,—(a) to examine the effectiveness of existing arbitration mechanism by studying the functioning and performance of arbitral institutions in india;(b) to devise a road map to promote institutional arbitration mechanisms in india; and(c) to evolve an effective and efficient arbitration eco-system for commercial dispute resolution and suggest reforms in the arbitration and conciliation act, 1996 4 the high level committee submitted its report on 30th july, 2017 with a view to strengthen institutional arbitration in the country, the said committee, inter alia, recommended for the establishment of an independent body for grading of arbitral institutions and accreditation of arbitrators, etc the committee has also recommended certain amendments to the said act to minimise the need to approach the courts for appointment of arbitrators after examination of the said recommendations with a view to make india a hub of institutional arbitration for both domestic and international arbitration, it has been decided to amend the arbitration and conciliation act, 19965 the salient features of the arbitration and conciliation (amendment) bill, 2018, inter alia, are as follows:—(i) to amend section 11 of the act relating to "appointment of arbitrators" so as to change the present system of appointment of arbitrators by the supreme court or high court, to a system where the arbitrators shall be appointed by the "arbitral institutions" designated by the supreme court or high court;(ii) in case where no graded arbitral institutions are available, the chief justice of the concerned high court may maintain a panel of arbitrators for discharging the functions and duties of arbitral institutions;(iii) to insert a new part 1a to the act for the establishment and incorporation of an independent body namely, the arbitration council of india for the purpose of grading of arbitral institutions and accreditation of arbitrators, etc;(iv) to amend section 23 of the act relating to "statement of claim and defence"so as to provide that the statement of claim and defence shall be completed within a period of six months from the date the arbitrator receives the notice of appointment;(v) to provide that the arbitrator, the arbitral institutions and the parties shall maintain confidentiality of information relating to arbitral proceedings and also protect the arbitrator or arbitrators from any suit or other legal proceedings for any action or omission done in good faith in the course of arbitration proceedings; and(vi) to clarify that section 26 of the arbitration and conciliation (amendment)act, 2015, is applicable only to the arbitral proceedings which commenced on or after 23rd october, 2015 and to such court proceedings which emanate from such arbitral proceedings, to address the divergent views given by various courts 6 the bill seeks to achieve the above objectivesnew delhi;ravi shankar prasadthe 17th march, 2018 financial memorandumclause 11 of the bill proposes to insert new sections 43a to 43j in the arbitration and conciliation act, 19962 proposed sub-section (1) of section 43b provides for the establishment of the arbitration council of india sub-section (2) provides that the arbitration council of india shall acquire, hold and dispose of property, both movable and immovable and sub-section (3) of the said section provides that the head office of the council shall be at delhi sub-section (4) provides that the council may, with the prior approval of the central government, establish offices at other places in india3 sub-section (3) of proposed section 43c provides that the salary, allowances and other terms and conditions of the chairperson and members of the council shall be prescribed by the central government and sub-section (4) provides for entitlement of travelling and other allowances of the part-time member, to be prescribed by the central government4 sub-section (2) of proposed section 43j provides for the qualifications, appointment and other terms and conditions of services of the chief executive officer shall be prescribed by the central government sub-section (4) of the said section also provides that the council shall have a secretariat consisting of such number of officers and employees as may be prescribed by the central government sub-section (5) of the said section provides that the qualifications, appointment and other terms and conditions of the service of the employees and other officers of the council shall be prescribed by the central government5 the financial implication arising from the establishment of the arbitration council of india, etc, is estimated at as recurring expenditure of rs 1751 crore per annum and non-recurring expenditure is about rs 193 crore6 it would be difficult to indicate the exact expenditure incurred in the appointment of officers of the arbitration council of india, etc the bill does not envisage any other expenditure of recurring or non-recurring nature memorandum regarding delegated legislationclause 11 of the bill proposes to insert new sections 43a to 43j in the arbitration and conciliation act, 19962 proposed sub-section (1) of section 43b provides for the establishment of arbitration council of india3 proposed sub-sections (3) and (4) of section 43c, inter alia, provides for—(a) the terms and conditions of, the service and the salary and allowances payableto, the chairperson and members as may be prescribed by the central government;(b) the travelling and other allowances entitled to the part-time member as maybe prescribed of the central government4 proposed section 43-i provides that the arbitration council of india, in consultation with the central government, may make regulations consistent with the provisions of the act and the rules made thereunder5 proposed sub-section (2) of section 43j provides that the qualifications, appointment and other terms and conditions of the service of the chief executive officer shall be prescribed by the central government sub-section (4) of the said section provides that the number of officers and employees of the secretariat to the council shall be such as may be prescribed by the central government6 the matters in respect of which rules and regulations may be made under the aforesaid provisions are matters of procedure and administrative details and it is not practical to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character extracts from the arbitration and conciliation act, 1996 (26 of 1996) part i arbitration chapter i general provisionsdefinitions2 (1) in this part, unless the context otherwise requires,—(c) "arbitral award" includes an interim award; (h) "party" means a party to an arbitration agreement(2) this part shall apply where the place of arbitration is in india: provided that subject to an agreement to the contrary, the provisions of sections 9, 27 and clause (a) of sub-section (1) and sub-section (3) of section 37 shall also apply to international commercial arbitration, even if the place of arbitration is outside india, and an arbitral award made or to be made in such place is enforceable and recognised under the provisions of part ii of this act11 (1) appointment of arbitrators (3) failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator (4) if the appointment procedure in sub-section (3) applies and—(a) a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party; or(b) the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of their appointment, the appointment shall be made, upon request of a party, by the supreme court or, as the case may be, the high court or any person or institution designated by such court;(5) failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by the supreme court or, as the case may be, the high court or any person or institution designated by such court(6) where, under an appointment procedure agreed upon by the parties,—(a) a party fails to act as required under that procedure; or (b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or(c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure, a party may request the supreme court or, as the case may be, the high court or any person or institution designated by such court to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment(6a) the supreme court or, as the case may be, the high court, while considering any application under sub-section (4) or sub-section (5) or sub-section (6), shall, notwithstanding any judgment, decree or order of any court, confine to the examination of the existence of an arbitration agreement(7) a decision on a matter entrusted by sub-section (4) or sub-section (5) or sub-section (6) to the supreme court or, as the case may be, the high court or the person or institution designated by such court is final and no appeal including letters patent appeal shall lie against such decision(8) the supreme court or, as the case may be, the high court or the person or institution designated by such court, before appointing an arbitrator, shall seek a disclosure in writing from the prospective arbitrator in terms of sub-section (1) of section 12, and have due regard to—(a) any qualifications required for the arbitrator by the agreement of the parties;and(b) the contents of the disclosure and other considerations as are likely to secure the appointment of an independent and impartial arbitrator (9) in the case of appointment of sole or third arbitrator in an international commercial arbitration, the supreme court or the person or institution designated by that court may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities(10) the supreme court or, as the case may be, the high court, may make such scheme as the said court may deem appropriate for dealing with matters entrusted by subsection (4) or sub-section (5) or sub-section (6), to it(11) where more than one request has been made under sub-section (4) or sub-section (5) or sub-section (6) to the chief justices of different high courts or their designates, different high courts or their designates, the high court or its designate to whom the request has been first made under the relevant sub-section shall alone be competent to decide on the request(12) (a) where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10) arise in an international commercial arbitration, the reference to the"supreme court or, as the case may be, the high court" in those sub-sections shall be construed as a reference to the "supreme court"; and(b) where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10) arise in any other arbitration, the reference to "the supreme court or, as the case may be, the high court" in those sub-sections shall be construed as a reference to the "high court" within whose local limits the principal civil court referred to in clause (e) of sub-section (1) of section 2 is situate, and where the high court itself is the court referred to in that clause, to that high court(13) an application made under this section for appointment of an arbitrator or arbitrators shall be disposed of by the supreme court or the high court or the person or institution designated by such court, as the case may be, as expeditiously as possible and an endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party(14) for the purpose of determination of the fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal, the high court may frame such rules as may be necessary, after taking into consideration the rates specified in the fourth scheduleexplanation—for the removal of doubts, it is hereby clarified that this sub-section shall not apply to international commercial arbitration and in arbitrations (other than international commercial arbitration) in case where parties have agreed for determination of fees as per the rules of an arbitral institution17 (1) a party may, during the arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to the arbitral tribunal—interim measures ordered by arbitral tribunal23 (1) statements of claim and defence (3) unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making ittime limit for arbitral award29a (1) the award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the referenceexplanation—for the purpose of this sub-section, an arbitral tribunal shall be deemed to have entered upon the reference on the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment(4) if the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrator(s) shall terminate unless the court has, either prior to or after the expiry of the period so specified, extended the period:provided that while extending the period under this sub-section, if the court finds that the proceedings have been delayed for the reasons attributable to the arbitral tribunal, then, it may order reduction of fees of arbitrator(s) by not exceeding five per cent for each month of such delay chapter vii recourse against arbitral award34 (1) (2) an arbitral award may be set aside by the court only if—application for setting aside arbitral award(a) the party making the application furnishes proof that— chapter ix appealsappealable orders37 (1) an appeal shall lie from the following orders (and from no others) to the court authorised by law to hear appeals from original decrees of the court passing the order, namely:—5 of 1908power of judicial authority to refer parties to arbitration45 notwithstanding anything contained in part i or in the code of civil procedure, 1908 a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed50 (1) an appeal shall lie from the order refusing to—appealable orders ———— extract from the arbitration and conciliation (amendment) act, 2015 (3 of 2016)26 nothing contained in this act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal act, before the commencement of this act unless the parties otherwise agree but this act shall apply in relation to arbitral proceedings commenced on or after the date of commencement of this actact not to apply to pending arbitral proceedings———— a billfurther to amend the arbitration and conciliation act, 1996————(shri ravi shankar prasad, minister of law and justice and electronics & it)

Parliament_bills

91f42507-8c3e-5de3-92ab-8e5c66a8be42

bill no 131 of 2019 the protection of human rights (amendment) bill, 2019 a billfurther to amend the protection of human rights act, 1993be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the protection of human rights (amendment) act, 2019short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint5amendment of section 210 of 19942 in the protection of human rights act, 1993 (hereinafter referred to as the principal act), in section 2, in sub-section (1),––(i) after clause (b), the following clause shall be inserted, namely:–1049 of 2016'(ba) "chief commissioner" means the chief commissioner for persons with disabilities referred to in sub-section (1) of section 74 of the rights of persons with disabilities act, 2016;'; (ii) after clause (g), the following clause shall be inserted, namely:–'(ga) "national commission for backward classes" means the national commission for backward classes constituted under section 3 of the national commission for backward classes act, 1993;';27 of 1993(iii) after clause (h), the following clause shall be inserted, namely:—4 of 2006'(ha) "national commission for protection of child rights" means the national commission for protection of child rights constituted under section 3 of the commissions for protection of child rights act, 2005;'3 in section 3 of the principal act,—5amendment of section 3(a) in sub-section (2),—(i) in clause (a), for the words "chief justice", the words "chief justice of india or a judge" shall be substituted;(ii) in clause (d), for the words "two members", the words "three members, out of which at least one shall be a woman," shall be substituted;10(b) in sub-section (3),—15(i) for the words "the national commission for minorities", the words", the national commission for backward classes, the national commission for minorities, the national commission for protection of child rights" shall be substituted;(ii) for the words "and the national commission for women", the words"the national commission for women and the chief commissioner for persons with disabilities" shall be substituted;20(c) in sub-section (4), for the portion beginning with "shall exercise such powers and discharge such functions" and ending with "as the case may be", the following shall be substituted, namely:—"shall, subject to control of the chairperson, exercise all administrative and financial powers (except judicial functions and the power to make regulations under section 40 b)"4 in section 6 of the principal act,—25amendment of section 6(i) in sub-section (1),—(a) for the words "five years", the words "three years" shall be substituted; (b) after the words "whichever is earlier" occurring at the end, the words"and shall be eligible for re-appointment" shall be inserted; (ii) in sub-section (2),—30(a) for the words "five years", the words "three years" shall be substituted; (b) the words "for another term of five years" shall be omitted5 in section 21 of the principal act,—amendment of section 21(i) in sub-section (2), in clause (a), for the words "chief justice", the words"chief justice or a judge" shall be substituted;35(ii) in sub-section (3), for the words "shall exercise such powers and discharge such functions of the state commission as it may delegate to him", the words "shall, subject to control of the chairperson, exercise all administrative and financial powers of the state commission" shall be substituted;(iii) after sub-section (6), the following sub-sections shall be inserted, namely:—40"(7) subject to the provisions of section 12, the central government may, by order, confer upon the state commission the functions relating to human rights being discharged by the union territories, other than the union territory of delhi(8) the functions relating to human rights in case of union territory of delhi shall be dealt with by the commission"6 in section 24 of the principal act,—amendment of section 24(i) in sub-section (1),—(a) for the words "five years", the words "three years" shall be substituted;5(b) after the words "whichever is earlier" occurring at the end, the words"and shall be eligible for re-appointment" shall be inserted; (ii) in sub-section (2),––(a) for the words "five years", the words "three years" shall be substituted;10(b) the words "for another term of five years" occurring at the end, shallbe omitted statement of objects and reasonsthe protection of human rights act, 1993 (the act) was enacted to provide for the constitution of a national human rights commission (the commission), the state human rights commission (the state commission) and the human rights courts for protection of human rights2 the national human rights commission has proposed certain amendments to the act to address the concerns raised by the sub-committee on accreditation of the global alliance of national human rights institutions on the re-accreditation status of the said commission besides this, certain state governments have also proposed for amendment of the act, as they have been facing difficulties in finding suitable candidates to the post of chairperson of the respective state commissions owing to the existing eligibility criteria to the said post3 in view of the above, it has become necessary to amend certain provisions of the said act the proposed amendments will enable both the commission as well as the state commissions to be more compliant with the paris principles concerning its autonomy, independence, pluralism and wide-ranging functions in order to effectively protect and promote human rights4 the protection of human rights (amendment) bill, 2019, inter alia, provides for—(i) amendment of clause (a) of sub-section (2) of section 3 of the act so as to provide that a person who has been a judge of the supreme court is also made eligible to be appointed as chairperson of the commission in addition to the person who has been the chief justice of india;(ii) amendment of clause (d) of sub-section (2) of section 3 of the act to increase the members of the commission from two to three of which, one shall be a woman;(iii) amendment of sub-section (3) of section 3 of the act so as to include chairperson of the national commission for backward classes, chairperson of the national commission for protection of child rights and the chief commissioner for persons with disabilities as deemed members of the commission;(iv) amendment of sub-sections (1) and (2) of section 6 and sub-sections (1)and (2) of section 24 of the act so as to reduce the term of the chairperson and members of the commission and the state commissions from five to three years and shall be eligible for re-appointment;(v) amendment of section 21 of the act so as to provide that a person who has been a judge of a high court is also made eligible to be appointed as chairperson of the state commission in addition to the person who has been the chief justice of the high court; and(vi) insertion of new sub-sections (7) and (8) in section 21 of the act so as to confer upon state commissions the functions relating to human rights being discharged by the union territories, other than the union territory of delhi, which will be dealt with by the commission5 the bill seeks to achieve the above objectives financial memorandumitem (ii) of sub-clause (a) of clause 3 of the bill provides for increasing one member of the national human rights commission in addition to this, for the office of member, one post each of principal private secretary, personal assistant, staff car driver and three posts of multi-tasking staff would be created the expenditure during the initial year for the creation of one post of member along with the staff for the office of such member is estimated to be approximately two crore rupees which will mainly be of a recurring nature2 the bill does not involve any other expenditure of a recurring or non-recurring nature annexure extracts from the protection of human rights act, 1993 (10 of 1994) chapter ii the national human rights commission3(1) (2) the commission shall consist of—constitution of a national human rights commission(a) a chairperson who has been a chief justice of the supreme court; (d) two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights (3) the chairpersons of the national commission for minorities, the national commission for the scheduled castes, the national commission for the scheduled tribes and the national commission for women shall be deemed to be members of the commission for the discharge of functions specified in clauses (b) to (j) of section 12(4) there shall be a secretary-general who shall be the chief executive officer of the commission and shall exercise such powers and discharge such functions of the commission (except judicial functions and the power to make regulations under section 40b) as may be delegated to him by the commission or the chairperson, as the case may be 6 (1) a person appointed as chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlierterm of office of chairperson and members (2) a person appointed as a member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years:provided that no member shall hold office after he has attained the age of seventy years chapter v state human rights commissions21(1) constitution of state human rights commission(2) the state commission shall, with effect from such date as the state government may by notification specify, consist of—(a) a chairperson who has been a chief justice of a high court; (3) there shall be a secretary who shall be the chief executive officer of the state commission and shall exercise such powers and discharge such functions of the state commission as it may delegate to him 24 (1) a person appointed as chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlierterm of office of chairperson and members of the state commission(2) a person appointed as a member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years:provided that no member shall hold office after he has attained the age of seventy years ———— a billfurther to amend the protection of human rights act, 1993————

Parliament_bills

4097587b-30e4-5cf2-b48a-1d14995db58b

bill no 128 of 2015 the mahatma gandhi national rural employment guarantee (amendment) bill, 2015 byshri nanabhau falgunrao patole, mpa billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title and commencementa m e n d m e n t of section 22 in section 3 of the mahatma gandhi national rural employment guarantee act,2005, after sub-section (1), the following sub-section shall be inserted, namely:—5''(1a) notwithstanding anything in this act, every farmer, who gets himself registered under this act in such manner, as may be prescribed, shall be provided work for at least one hundred days in a year, if the place where he is residing and practising farming is declared as an area affected by natural calamity including drought or flood by the state government'' statement of objects and reasonsin our country, farmers constitute nearly seventy per cent of the total populationmany parts of the country face earthquake, hailstorm, cloud bursts, unseasonal rain and other natural calamities farmers mostly bear the brunt of such natural calamities they loose their crops, livestock and many a time their dwelling units and household items including foodgrains despite this, farmers are supposed to repay their loans to the money-lenders whether their harvest is good or not in depression, many of them end their lives thousands of farmers have committed suicide in recent years in the states of maharashtra, andhra pradesh, punjab, uttar pradesh, madhya pradesh, tamil nadu and karnataka indebtedness of our farming community is chronic and a continuing problem which has to be taken care of by the governmentit is the foremost duty of the government to provide work to every farmer under the mahatma gandhi national rural employment guarantee scheme for at least one hundred days in a year in case the place where he is residing and practising farming is declared by the state government an area affected by the natural calamity including drought or floodhence this billnew delhi;nanabhau falgunrao patoleapril 6, 2015 financial memorandumclause 2 of the bill seeks to provide work to every farmer, for at least one hundred days in a year, residing and practising farming in an area declared to be an affected are by natural calamity including drought or flood by the state government the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees one thousand crore from the consolidated fund of indianon-recurring expenditure of about rupees one hundred crore is also likely to be involved annexureextract from the mahatma gandhi national rural employment guaranteeact, 2005 3 (1) save as otherwise provided the state government shall, in such rural area in the state as may be notified by the central government, provide to every household whose adult members volunteer to do unskilled manual work not less than one hundred days of such work in a financial year in accordance with the scheme made under this actguarantee of rural employment t o households ———— a billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005————(shri nanabhau falgunrao patole, mp)gmgipmrnd—298ls(s3)—30-04-2015

Parliament_bills

dd69eac7-ac48-5298-b2e0-268d005a6382

bill no 36 of 2014 the cow protection authority bill, 2014 by shri hansraj gangaram ahir, mp a billto provide for the constitution of an authority for the purpose of protection of cow and its progeny in the country and similar authorities at the state level and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the cow protection authority act, 2014short title and extent(2) it extends to the whole of indiadefinitions52 in this act, unless the context otherwise requires,—(a) "authority" means the national cow protection authority established undersection 4;(b) "cow" includes its progeny and bulls and bullocks; and(c) " prescribed" means prescribed by rules made under this act3 notwithstanding anything contained in any other law for the time being in force or any usage or custom to the contrary, no person shall cause any injury or kill or attempt to kill, for any reason whatsoever, any cow in the countryprohibition of slaughter of cow and its progeny54 the central government shall establish an authority to be known as the national cow protection authority for the protection and overall development of the cow and its progenyestablishment of national cow protection authority5 (1) the authority shall consist of :—10composition of national cow protection authority(i) a chairperson, who shall be an expert in the discipline of rural economy having not less than twenty years of experience in that field, to be appointed by the central government; and(ii) twenty members, having not less than ten years experience of teaching/working in the field of rural economy and animal husbandry, to be nominated by the central government in consultation with state governments15(2) the chairperson and other members of the authority shall hold office for a period of five years(3) the headquarters of the authority shall be at nagpur in the state of maharashtra(4) the salary and allowances payable to, and other terms and conditions of the chairperson and the members of the authority shall be such as may be prescribed20(5) the central government shall provide such number of officers and staff to the authority as may be required for its efficient functioning(6) the salary and allowances payable to, and other terms and conditions of the officers and staff of the authority shall be such as may be prescribed25establishment of state cow protection authority6 (1) the central government shall establish an authority for the protection and overall development of the cow and its progeny in each state/union territory to be known as the state cow protection authority or the union territory cow protection authority, as the case may be(2) the state authority shall consist of:—30(i) a chairperson, who shall be an expert in the discipline of rural economy having not less than fifteen years of experience in that field, to be appointed by the national authority in such manner as may be prescribed; and35(ii) ten members, having not less than ten years experience of teaching/working in the field of rural economy and agriculture, to be nominated by the national authority in such manner as may be prescribed (3) the chairperson and other members of the state authority shall hold office for a period of five years(4) the salary and allowances payable to, and other terms and conditions of the chairperson and the members of the state authority shall be such as may be prescribed40(5) the state authority shall function under the overall guidance and control of the national authority7 the authority shall perform the following functions:—functions of the national authority(a) collection and compilation of data pertaining to different varieties/hybrids of cows found in the country;(b) conducting comprehensive cow census once in every three years;5(c) monitoring slaughter-houses in the country with a view to ensuring that no cow is slaughtered there;(d) improving the breed of cows through various scientific processes including artificial insemination;(e) publicise and propagate the importance of cow for the indian economy through public awareness campaigns, newspapers and audio-visual media;10(f) promoting the use of modern animal husbandry techniques to increase milk productivity of indigenous cow;(g) promote and propagate the use of ayurvedic medicines prepared with the use of contents of cow milk, gobar and gomutra among masses through print or electronic media;15(h) functioning as a resource centre in respect of ayurvedic or other medicines based on cow milk, gobar and gomutra and providing financial assistance for its promotion;20(i) promoting and propagate the manufacturing of medicines with the help of contents of cow milk, gobar and gomutra;(j) increasing public awareness for greater use of cow dung as a manure as a substitute for chemical fertilizers and making available the same to the farmers at reasonable rates;25(k) providing assistance and guidance for developing local grazing grounds for cows in such manner as may be prescribed;(l) monitoring the implementation of ban on export of beef from slaughter houses or from any other place in the country;(m) promoting the production and export of milk and milk-based products;30(n) providing assistance to state authorities for the loss of cow and other infrastructure during natural calamities;(o) providing for the care of sick, old and infirm cows;(p) construction of cow shelters with the provision of adequate facilities including veterinary doctors and other support staff;35(q) providing financial assistance for construction of veterinary hospitals for the treatment of cow;(r) providing necessary assistance and guidelines for promotion of gobar gas plants;(s) tendering advice to state governments/union territory administrations on issues arising out of implementation of the provisions of the act; and40(t) such other functions as may be assigned to it by the central government8 the state/union territory authority shall perform the following functions:—(i) formation of special squads at district levels for enforcement of the provision of ban on slaughter of cow and its progeny;functions of the state/ union territory authority(ii) monitoring slaughter-houses within their jurisdiction with a view to ensuring that no cow is slaughtered there;(iii) taking the assistance of state authorities in implementation of the provisions of this act;5(iv) moving the cows seized from the slaughter houses to the nearest cow shelter constructed for the purpose; and(v) such other functions as may be assigned to it by the national authoritypunishment9 (1) whoever kills or attempts to kill or abet the killing of cow shall be punished withrigorous imprisonment for a term which may extend to seven years but which shall not be less than two years and with fine which may extend to ten thousand rupees;10(2) whoever causes injury to a cow but does not result in its death shall be punishedwith fine which may extend to five thousand rupees;15(3) whoever indulges in export or import of cows for the purpose of slaughtering or indulges in trading in beef or attempts to indulge in or abets such acts shall be punished with imprisonment which may extend to five years and with fine which may extend to ten thousand rupees 10 the central government shall, after due appropriation by parliament by law in this behalf, provide adequate funds for the implementation of the provisions of the actcentral government to provide adequate funds11 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in force, regulating any of the matters dealt with in this act20act not to be in derogation of other laws power to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act2530(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsour country is currently paying a heavy price for excessively interfering with the nature wrong practices being adopted in agriculture have given rise to a number of issues including unemployment, degradation of land and deteriorating water resources deforestation has resulted in land erosion and also in lowering of water level the ecological experts are warning us against the ill-effects of reduction in bio-diversitycow and its progeny are the mainstay of agriculture and rural economy of the countrycows are considered sacred in our tradition and there is a good reason for that even then we are unable to save them from extermination smuggling of livestock worth 150 million rupees is taking place along indo-bangladesh border every year according to an estimate, approximately 80 per cent of the cow and its progeny have already been destroyed since independence it is our misfortune that we have undermined our culture from which we have benefited so much we still do not appreciate the kind of riches we can get if only proper arrangements are put in place to protect and enrich our cows and their progeny the existence of 36,000 slaughter-houses in the country is a pointer to thishybrid varieties yield more milk but become less productive in a short span the indigenous cows are important not only for their milk but also for other by-products such as, cow dung, bones, horns, urine which have adequate medicinal importance community animal husbandry can help run bio-gas plant having 85 to 125 cubic meter capacity it may be said that there is a strong linkage amongst rural industries, seven lakh villages and promotion of cow progeny mosquito-resistant coils, phenyl, insecticides, distemper, earthen tiles, shaving creams, face creams, utensil cleaning powders, tooth protection, herbal shampoos and also medicines for stomach cancer, kidney disease, respiratory disease and tuberculosis etc are just some of the products that are based on materials derived from cows this proves that we can still generate employment on a very large scale to promote rural economy on the basis of cow and its progeny that is why, cow is regarded in our country as gaumata and hence, there is need to make special provisions for protection, promotion and development of cow and its progenythis bill proposes to constitute a national cow protection authority at the national level and state cow protection authority at the state level for protection and development of cow and its progeny which is considered as the basis for the development of country and rural economyhence, this billnew delhi;hansraj gangaram ahirjune 25, 2014 financial memorandumclause 4 of the bill provides for the constitution of a national authority for protection of cow and its progeny clause 5 provides for composition of the national authority and salary and allowances payable to the chairperson and other members of the authority clause 6 provides for constitution of the state authority in states and union territories for protection and overall development of cow and its progeny in the states and union territories by the central government clause 7 provides that central authority shall perform certain functions like collection and compilation of data pertaining to indigenous cows, setting up of shelter with adequate facilities for cows, providing financial assistance to the state cow protection authority etc clause 8 provides for formation of special squads for enforcement for protection of cows clause 10 provides that central government shall release funds to central authority after due appropriation the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of approximately rupees one thousand crore is likely to be involveda non-recurring expenditure of one hundred crore rupees is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the provisions of the bill the rules will relate to matters of detail only therefore, the delegation of legislative power is of a normal character————— a billto provide for the constitution of an authority for the purpose of protection of cow andits progeny in the country and similar authorities at the state level and for mattersconnected therewith or incidental thereto—————(shri hansraj gangaram ahir, mp)

Parliament_bills

b42e717e-6ab1-5fc1-be9a-b951f5576463

corrigenda to the smith stanistreet and company limi'led (acquisition and transfer of undertakings) bill, 1977 l-to be/as introduced in 10k sabhaj1 page 4, line 32,-for ito by " read ''by'' 2 page 7, line 20,-for "ensure" ~ "enure" 3 page 11, line 29,-- for "power" ~ "powers" 4 docket page, last line,-tqr "pe tro lium" ~ "pe tro leum" new:delhi; n,q,vember ~6, ~977 kartika 2 , 1 99 (saka) (acquis~tionand'transferof undertakings) ,', "' i bal, 1977 ' , ", f " arrangement of clauses ,~i prl:liminary,~""use& " 1 short title and commencement 2 definitions chapter ii alcquisitlon and tralljsfer of the undertakings of 'l'h&' c~3 transfer to and vesting in central goverdnlent of the undertakings of the company 4 general effect of vesting " i, i 5 central government or qov81'nment company no~ to be llable for prior liabilities , ",,', 6 power of central government to di~ect vesting of the undel'-takings of the company in a governni8l1t· iloidpy~,; , chapter iii payment of amounts 7 payment of amount 8 payment of further amount chapter iv management, etc, of the undertakings of the company 9 management, etc, of the undertakings of the company 10 duty of persons in charge of management of the unciertakidji of the company to deliver all assets, etc 11 accounts and audit chapter v provisions relating to employeu of thj: compahy 12 employment of employees to continue1& provident and other funds chapter vi comkissiober of paymbn'l'ii14 appointment of commissioner of payments 15 payment by the central goverjlidlll!nt to the conmdssfoner 18 certain powers of the central government or govel'llldedt company 17 claims to be made to the commissioner 18 priority of claims 19 examination of claims ,20 admission or rejection of claims 21 disbursement of money by cgmmissioner to daimants - , ~ i 22 disbursement of amounts to the company 23 undisbursed or unclaimed amount to be deposited with the general revenue account 24 assumption of liability chapter viimiscellaneous 25 act to have overriding effect 26 contracts to cease to have effect unless ratified by the central government or government company 27 penalties 28 offences by companies 29 protectior of action taken in good faith 30 delegation of powers 31 power to make rules 32 power to remove difficulties 33 declaration as to pollcy of the state 34 repeal and saving the schedule bill, i977 a billto ptovide for, in the p1tblic interest, the acquibition and trat'&l~r of the right, t~tle and interest of the undertakings of messrs smith, stani- street and company limited, calcutta and for matters connected therewith or incidental thereto whelteas messrs smith, stanistreet and company limited, calcutta were engaged in the manufacture and distribution of phannaceuueals and chemicals which are essential to meet the needs of the public; and whereas the management of the undertakings of the company s was in a manner highly detrimental to the public interest and had suffered heavy losses; and whereas the management of the company was taken over by the central govemment under section 18a of the industries (developmen't and regulation) act, 1951; 10 and wheilidas for the purpose of recqtlstructlng and rehabwtating the undertakings of the company so as to subserve the interest of tb:e general public by the augmentation and distriblltion of the different varieties ot essential phannadeuticals and chemicals produced by the said company, and to ensure the eo~tinued supply thereof, it is necelilsary to acquire the is right, title and interest of the undertakings of messrs smith, stanistreet ,nd 'company limited, calcutta be it enacted by parliamen~ in the twenty-eighth year of the republic of india asfollows:- chapter i preliminary1 (1) this act may be called the smith, stanistreet and company s limited (acquisition and transfer of undertakings) act, "1977 shortutle id4commencemet (2) it shall be deemed to have come into foi'c'3 ~ the 1st day of october, 1977 l in this act, unless the context otherwise requires,-(a) "appointed day" means the 1st day of october, 1977; 10 (b) "company" means the smith, stanistreet and company limited, being a cumpany as defined in the companies act, 1956 and 1 of 1958 having its registered office at 18, convent road, calcutta-700014; (c) iicommissioner" means the commissioner of payments appointed under section 14; is (d) "notification" means a notification published in the official gazette; (e) "prescribed" m;eans prescribed by rules made under this act; 0jn(fk~lspe~d s\ate""jilqa'lls such d,w; ~; tpe, (c~~jaev~-'20 ('p-~,yillfy, ·for ,the plrposes of 'illly of the prov~i\,ot:ij1ii m ~ notification, specify and different datesillay be specified "for' dl1i'erent provisions of this act; (g) words and expressions used herein and not defined but defined in ~he companies act, 1966 have the meanings respectively 2s 1 of 1958 assigned to them in: that act chapter ii:, ,", ~ \ i - v - ~ ~ - i \': j :·')1 ! , ~uisit;ion ~d transfer of the undert~in~ o~ the company a,j i -' ~ ' h-' t'''· i ' • :~ f'~ !m ·, ~ :, ~'!~i~ 'r'~~1!l"'~ 'v'\l ii,on the,appqinted day, the unc1ertaldngajqf·,tpe '~~"'~'i~' i right, title:and :interest of ,the company in" relatipn 1 tor,itt' un4f~:30 shall, by virtue of this act, be transferred to, and shall vest in, the ce~tr~1 ''gb~emment~ tradafer "to ad vel_in central qovem-mento! the under-tajddp of the com-pany general etrect of veatldj· ' :'/ /~ " • (1) the lmdertaldngs of the company shall, be clfaia6neci'to "~; all •• ri •• lease-hcjds, powers, authqritjes ad4'·priv~ ~;aa1 , pr~~=~v~li 'lnd i!rirnovab~ -~tluding ~~ ' ~·,b~gi, i'! ::wgffr: ~s ' shops, ' ldstruments, m3chinery:and,eqwpm~tif' casq ~~9'¥h, calfi·::6niflaftdi'reservetunds,·:irtvesbnmb, ~,dsbitai'~ ~i ~,,, and" ih1jwmte ' 1ft, or arisingout 01" ,such· ~m ~q\ljrq~~~ befon! tjtei:·ppt'lfmtid day in theown~hip pcmt$sih!,,~\!er,pr,~trql'ji"t of the company, whether within or outsi~e'~ 8z)d il1l p,()oq "of ~ 3 < i, ~t, registers and all other documents of wh,atever nature relating thereto (2) all properties as aforesaid which have vested in the central ~qvernqlent ,under section 3 shall, by force of such vesting, be ~ and 5 4}~~ged ti'!lin any trust, obliga~on, mortgage, charge, lien and an other ~cwnbrri;lces affecting it, and any attachment, injunction or decree 61" ~der qf any court restricting the use of such property in any manner or ~inting any receiver in respect of the whole or any part of such p~ shall be deemed '(0 have been withdrawn " , ' 10 (3) every mortgagee of ~y property which has vested under ttds act in the central government and every person holding any charg~, lien or other interes~in, or in relation to, any such propercy $all give, witbfn such time and in such manner as may be prescribed, an intimation to the commi~oner of such mortgage, charge, lien or other interest 15 (4) for the removal of doub~s, it is hereby declared that th~ ~ort:-8,\gee of any property referred to in sub-section (3) or any other persor ~din,g any charge, lien or oth;er intereslt in, or in relation to, ahysueh' i¥pp'j;'ty shall be entitled to claim, in accordance with hisrlghts' 'and intereats, payment of the mortgage money or other dues, in whole or in 2~' p;u-t, 'outqf the amount specified in section 7, a,nd also out of, the monies determined under section 8, but, no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested fft the cen'tral government (5) if on the appointed day, any· $u1t, appeal or other proceeding by 25, 0f,a~~i~! ~!je ~ompany, o~ whatever nature in relation to any properly ~w~hj}ibs ,:,ested ih t~e central govemmlent, under section 3; fa pehdiilg, t~·~ shall" not abate, de discontinued or be, in anyway, prejudicially ai¥~ by reason of the transler of the undertakings of the comp~ ~j;; p,f ~~ng contained in this act, but the suit, appeal or ·other pro;, 30 ~ee&g may be continued, prosecuted or enforced by or against the company , :s: '(1) ev9lj' liability of the company in respect of any il'riqd prior ~)" to the appointed day, shall be the liability of the company ~d 11:))8 gawmjtr ehforeeable against it and not against the central govet;pmept, ,01,,, meft\iillhf: 35 ~ere the undertak~ngs of the company are directed, under sectipn 6, :::::n to vest in a 'government company: again!jt that govern~ent company pany not (2) for the removal of doubts, it is hereby declajted that,-, , to be hable (a) save as otherwibe exprcsly provided in this act, no l~ty ~=: i"of the company in relation to its un4ertakillgs j,n respeqt,pf any 40 i ·pelrf0d prior tq the appointed day, shall be enforceable against the central government, or, where the undert,pkings ot the co~~~ &ire directed, under section 6, to vest ·in a government i company,·, against that goy8mment companyi 45 (b) no award, decree (if orderqf nycourt, tribunal or o'ther authority in relation to the undertakings of the company, passed after the appointed day, in respect of any matter, clim or disjilute, which arose befo~e that ~y, shall be enforceable against the ,9entral government, or, w~ere ~he undertakings of the company are ,direc,teci, under section 6, to vest in a governmept company, against t118t government company; 50 (c) no liability incurred by th~ company before t~ awoint:e4 day, for the contr01vention of any prqvision of law (or t~ time being in force, shall be enforceable against the central government, or, where the undertakings of the company are directed, under section 6, to vest in a government company, against that government cqillpany 6 (1) notwithstanding anything contained in sections 3 and 4, the, power of central government to diredvestingof the undertakinpofthe company in a government company c~ntral government may, if it is satisfied that a government company is willing to comply, or has complied, with such terms and conditions as that government may think fit to impase, direct, by notification, that the undertakings of the company and the right, title and interest of the company in i'elation to its undertakings which have vested in that [0 government under s'cction 3, shall, instead of continuing 'to vest in that government, vest in the government company either on the date of the notification or on such earlier or la'ter date (not being a date ealrlier than the appointed day) as may be speeified in the notification (2) where the right, title and interest of the company in relation to is its undertakings, vest in a government company under sub-section (1), the government company shall, on and from the date of such vesting be deemed to have become the ownler in relation to such undertakings, and all the rights and liabilities of the central government in relatlon to such undertakings shall, on and from the date of such vesting, be 20 deemed to have become the rights and liabilities, respectively, of the government company chapter iii payment of amountspayment of amount 7 for the transfer to, and vesting in, the central ~vermnent, under 2s section 3, of the undertakings of the company ,and the ri,)lt, title and interest of the company in relation to its undertakings,there shan b~ given by the central government to the company, in cash, and in the manner specified in chapter vi, an amount of three crores and seventyfour thousand rupees 30 payment offutitber amount 8 (1)' for the deprivatioil of the company of the management of-its undertakings, there shall be given to the company oby the central govern ment an amount calculated at the rate of ten thousand rupees per annum for the period commencing on the date on which the management of tbe undertakings of the company was taken over by the central governme~t ,3s and ending on·the appointed day '" (~) the amount specified in section 7 and the amount determined under sub-section (1) shall carry simple interest at the rate of four ,per cent pet' annum for the period ('ommencing on the appointed day and eliding on the date on which the payment' of the amount is made by the 40 central government to the commissioner (3) the amount determined in accordance with the provisions of subsections (1) and (2) shall be given by the central gqvernment to the company in additior;' to the amou!llt sp"ecified in section 7 (4) for the removal of doubts it is hereby declared that the liabilities 45 of' the company in relation to its undertakings whicoh have vested in the central government under section 3, shall be discharged from the amount referred to in section 7, and also from the amounts determined under sub-sections (1) and (2), in accordance with the rights and lnt-ereets 'of the creditors of the company ,0 chapterlv management etc, of the undertakings of the companyman i t (1) the g~leral superintendence, direclion, cootrol and management qf the aitalrl:i and busuwss or the wldertaluugs of t1ie company, 5 the right, tj:tle and imerel>lt in relation to which ha ve vested in tne central government under section 3, shall,-ment~ - , 01 the \ldciertu inpofthe compad1' (a) where a direction has been issued by the central government under sub-section (1) of section 6, \'lest in the: government company specified in such direction; or 10 (b) where no such direction has been issued by the ceutral government, vest in one or more custodians appointed by the central government under sub-section (2), and thereupon the go~nmenl co-mpany so specified or the custodiwa so appointed, as the case may ,be, shall be entitled to exercise all such 15 powers and do all such things as the company is authorised to exercise and do in relation to its under'akings (2) the central government may appoint one or more individuals or a goverrunent company as the cwitodlan of the undertakulgs of tbje company in relation to which no direc~ion has been issued by it under 20 sub-section (1) of section 6 lb (1) on the vesting of the management of the undertakinas 9f the company in a goverrunent company or on the appointnlerx, of a cwnodian, all persons in charge of the management of the updertakings 'of the company immediately before such vesung or appointment, 'shajl be 25' ~und to deliver to the lioverrunent (ompany or the custodian, 8& the ase may be, all assets, books of account, registers or other documents in their custody relating to the undertakings of thecomp,any ~;,4(, pel'lodlia charle of manapment ot the undertakinrt of the company to deuverall uleta, etc : l , :, t ~(', j - • (2) the central g<lvernment may issue such directions' as it may deem desilrable in the circums~ of the case to the government company ~r the custodian as to its or his powers and duties and the gov-30 ernment company or custodian may also, if it or hello desires, apply to the central gqv1ernment at any time for instructions as to the·~ in which the management of the wldertakings of the company shall'be conducted by it or him or in relation 'to any other matter arising in the course of such managemjelll 35 (3) the custodian shall receive from the funds of the undertakinas of the company such remuneration as the central govermnen~ may fix and ahall hold office during the pleasure of 'the government hfj~ "" lot 18&8 , ,,!;i 11 the c\,lstodian of the undertakings of the company shall maintain the' accounts of the undertakings of the company in such form and in such 4oma1mer and under such conditions as may' be prescribed an4 the·· prcr ~ons of the companies act~' 1956,' shall apply to the audit of·1he ~unta so ~tained as t4ey apply to the audit of the accounts of a i - ',' -company chapter v ' i provisions relating to ;£mployees of the companyemploy-~of ed1p1oy8el to ocmtidue - ,'" i~ • :12 (1) every p;erson who has been, immmediately 'befqre the appointed day, employed by the company in relation to its undertakings, shall become, on and from the appointed day, an employee of tbe s central government or, as the calle may be, 01 the liovemment company referred to in section 6, and shall hold o1'ftce or service under ·the central govemment or government company, as the c~ may be, with the same remuneration and upon the same terms and conditions, with the same rights and privileges as to pension, gratuity and other matters as 10 would have been admissible to him if tnere had been no such vesting and shall' continue to do so unl~s and until his employm,ent under the central government or ihe government company, as the case may be, ~ duly 'terminated or until his remuneration, tt;rnl& and conditions ~ servk:e are duly altered by the central government or the govel'lulledt is ~mpany, as the case may be (2) notwithstanding anythij;lg contained in the industrial disputes act, 11147 or in any olher law for the time being in force the transret· of 14 of 1947 the sel'vices of any officer or other person employed in the undertakings of the company to the central government or the government company 20 shall no~ entitle such officer or other employee to any compensatioll under this act qr undf::r any other law for the tilne being in force '3:nd no such claim shall be entertained by any court, 'tribunal or other authority: , 13 (1) where' the company has established a provident, superannuiition; welfare or other fund for the benefit of the persons employed 25 in the undertakings of the company, the monies relatable t4 the employees, whose services have become tcansferred by or under this act to 'the central g'lvemment or government company, shall, out of ·the monies j;'taruiing, on the appo,inted day, to the credit of such provi-:-dent, superannuation, welfare or other fund, stand transferred to, add 30 shall vest in, the ~tral government or the go'vemment company as the case may be _ _ il - : (2) the monies which stand transferred under sub-sedtion (1) to the central goveminent or the· govtemment eqmpany, as the case may be, ;~1l ~ dealt with by that government or the government company in 3s juch manner as may be prescribed ; '-" , chapter vi commissioner of paymli:hts appointment of commii- ~·'of 1itva ••14 (1) the central government shall, for the pul'pose of the adlouotl;payabj8'to the company'ubderilectlonl 'i 8, hf-otmiea- 40 tiod, appoint a commissioner of payments ·c···· (2) tbe cntr~ go~cu'dldent lbay appoidt iuch other persou u ,it may wak 6t toua,ist tbecodld1issi~v ud lliehupon tbe>'dbiml~ _her may authorise ·oaeor ~ol"e of such perion's also to eite'r~~c~or , oltbe jh)w~ ,~erels,e~ble ,by ~im~~' 't!ils a~t· ~d r~~"'t 4s ; • ' pet'iodi may he autborised to exercise 4il&r8bt powers , ", r 'r j - , (3vahyperson authorised jy the comlldssteaer to exercise any of the powers exerdaeable by the commissioaer may exerdse those powers in the same manner and with the same effect as if they have been eellferred on that person directly by this act and n~t by way of authorisation s (4) the salaries and allowances of the commissioner and other penoas appointed under this section shall be defrayed out oftha colilolidated f1ibd of india 1~ (1) the central government shall, within thirty days from the specified date, pay, in cash,to the commissioner, for payment to the 10 company-(a) an amount equal to the amount specified in section 7; and payment by the central govemment to the corn-'m1ss1oner (b) an amount equal to the amount payable to t~ company under section 8 (2) a deposit account shall be opened by the central government is in favour of the commissioner in the public account of india and , , every amount paid under this act to the commissioner, shall be deposited by him to the credit of the said account and the said deposit account shall be' operated by th,e commissioner (3) interest accruing on the amounts 1¢anding to the credit of ~ 20 deposit account referred to in sub-section (2) shall ensure to the said account certain powenvf the centralgovemment or government compall7 !g (1) the oentral government or the government company, as the case may be, shall be entitled to receive up to the specified, date, to the exclusion of all other persons, any money due to the company in rtela-2s tion 'to its undertakings which have vested in the central government, or the go~rnment company, realised after the appljdnted day notwith-s'tandlng that the realisations pertain to a period prior to the appointed day (z) the central government or the government company, as the 30 case may be, may make a claim to the commissioner with regard to every payment made by it after the appointed day ror discharging any liability of the company, in relation to any period prior to the appointed day; and every such claim shall have priority, in accordance with the priori--ties attaching, under this act, to the matter in relation to which such 3s lia})1lity has been discharged by 'the central government or the goveri1ment company (3) sa~ as otherwise provided in this act, 'the liabilities of the company in respect of nny transaction prior to the appointed day, whkh have not been discharged on or before'the specified date, shall be th,e 40 lilbilities of the company "17 e't1ery person having a claim against the co-npany shall' prefer such ~18fm before the commigsloner within thirty days from the liipticifted "date: clalms to be made to the coidiiui-doner provided that if the commissioner is satfsfted that the claimant was 4s prevented by sufficient cause from preferring the claim within the said perr;d of'thi11y de:ys, he may'entettain the claim wlthta a fartbe:r period of thirty days and not thereafter; priority of 18 the claims arising out of the matters specified in the schedule claims shall have priorities in accordance with the following principles name1y:-(a' category i will have precedence over all other categories and category ii will have precedence over category iii, and so on; 5 (b) the claims specified in each of the categories, shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; (c) the question of discharging any liaibillty with regard to a 10 matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category examination of claims 19 (1) on receipt of the claims made under section 17, the commissioner shall arrange the claims in the order of priorities specified in the is schedule and examine the same in accordance with such order of priori ties (z) if, on examination of the claims, the commissioner is of the opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to 20 examine the liabilities in respect of such lower category admission or rejection of c1alma 20 (1), after examining the claims with reference to the priority set out in the schedule, the commissioner shall fix a date on or before which every claimant shall file the proof of his claim, failing which he shall 'be ~cluded from the benefit of the disbursements made by the 2s commissioner :j (2) not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in english language and in one issue of the daily newspaper in the regional langllage as the commissiortetr may consider suitable, and every such notice 30 shall call upon the c1aimant to file the proof of his claim with the ~­missioner within the time specified in the advertisement (3) every claimant who "fails to file the proof of his claim within the time specified by the commissioner shall be excluded from the disburse-, ments made by the commissioner , ' 35 (4) the commissioner shall, after such investigation as may, in his, opinion, be necessary and after giving the company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, in writing, admit or reject the' claim in whole or in part (5) the commissioner shall have ,the power to regulate his own pro- 40 cedure in all matters arising out of the discharge of his functions, thcluding th,q place or places at which he will hold his sittings and shall, 'fm the p~ of making au, investigation under this a:c1;, hav'e the surie powen as are vested in a civil court under the code of civil procedure, 5 of 1808 1908, while trying a suit, in respect of the 'following matters, namely:- 45 (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production ol any document or otha', iiliiterial object producible 8s evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses (6) any investigation before the commissioner shall be deemed to s be a judicial proceeding within the meaning of sections 193 and 228 of 45 of 1860 the indian penal code and the commissioner shall be deemed to ije a civil court for the purp:>ses of section 195 and chapter xxvi of the code 2 of 1974 of criminal procedure, 1973 (7) a claimant who is dissatisfied with the decision of the comm!s-10 stoner may prefer an appeal against the decisiqn to the principal civil court of original jurisdiction 'within the local limits of whose jurjsdiction the registered office of the company is situatled: provided that where a person who is a judge of a high court is appointed to be the commissioner, the appeal shall lie to the high court is at calcutta and siuch appeal shall be heard and disposed of by not less than two judges of that high court 21 after adm~tting a claim under this act, the amount due in respect of such claims shall be paid by the commjssioner to the person or persons to whom such sums are due, and, on such payment, the liability of 20 th~ company in respect of such daim shall stand discharged disbursement of money by commissioner te claimants %2 (1) if, out of the monies paid to him in relation to the undertakings of the company, there is a balance left after meeting the liabilities as specified in the schedule, the commissioner shall disburse such ba lance to the company dibursement ot amounts to the (2) where any machinery, equipment or other property has vested company, in the central government or a government company under thtgact, but such machinery, equipment or other property does not belong to the company, it shall be lawful for the central government or the govern- ment company to continue to possess such machinery, equipment or other 30 property on the same terms and conditions under which they were possessed by the company immediately before the 4th day of may, 1972 23 any money paid to the commissioner which remains undisbursed or unclaimed for a period of three years from the last day on which the disbursement was made, shall b~ transferred by the commissioner to the 3s general revenue account of the central governmentj but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such trilnsfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of the revenue undisbursed or unclaimed amount to be deposited with the general revenue account assumption of llabiuty 40 k (1) when any liabiuty of the company arilin out of all ~ny of the items spedfled fn category i, catepry ii, eatepry m or eatepry iv of the schedule are i)ot diacbal'led fully by the comml-ioner out of the amount paid to him under this aet, the commislloner shall intimate fa writu to the central govetlbdent the ext_ of the liability whieh 45 remainsua4lseharpd, and that liability shajl be allll1llbed by the central government (2) the central government may, by order, direct the government company to take over any uability assumed by that government under sub-section (1), and on receipt of such direction, it shall be the duty of so the government company to di'jcharge such liability cijapter vii miscellaneousact to have overriding et!ect 25 the provisions of this act shall ha,ve effect notwithstanding al~y­thil!lg inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other s than this act, or in any decree or order of any cour\ tribupal or o~f authority is contracts to cease to have effect unleu ratified by the central government or governmentcom-j)anf 2l6 (1) every contract entered into by the company in relation to its undertakings for any service, sale or supply, and in force immediately before the appointed day, shall or and from the expiry of one hundred 10 add eighty days from that day, cease to have effect, unless such contra~t is before the expiry of the period, ratified, in writing, by the central government or government company, and, in ratifying such contract, the central government or government company may make such alteratiol) or modification t~erein as it may think fit: provided that the central government or the government company shall not omit to ratify a contrllct, and, shall not make any alteration 'jr modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the central government or government company 20 (2) the central government or government company shall not omit to ratify a contract, and, shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or 2s modification therein ft any person who,-penalties (a) having in his p'ossession, custody 01' control any property forming part of the undertakings of the company, wrongfully withholds such property from the central government or the government 30 company or any p'el'son or body of persons authorised by th~t government or government company; or (b) wrongfully obtains possession of, or retains, any property forming part of the undertakings of the com-pfuly or wilfully withholds or fails to furnish to the central government, or the govern- 3s ment company or ;jny person or body of persons authorised by that government or government company any document relating to such undertakings which may be in his possession, cust':)dy or control or fails to deliver to the central government or the government company or any person or b:>dy of persons authorised by that 40 government or government company, any bsse~l, books of account, registers or other documents in his pouession, oustody or control relating to the undertakings of the cottlpaayi or (c) wrongfully, remove~ or destrqys any property f9rining part of the underta~ings,of the co~ary, or prefers bl1yclaim under 45 this act which he knows or has reasonable· cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend' to ten thousand rupees, or with both so , (1) where an offence under this act has been committed by a oftences company, every person who at the time the offence was committed was by comin charge af, and ~as responsible to, the coj;rpany for the conduct of the pant bta,iness of the company, as well as the company, shall be deemed to be s guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-aection shall redder any such person liable to any punishment, if he proves that the oft'ence was committed without his knowledge or that he had exercised all due 10 diligence to prevent the commission of such offence (2) notwithstanding anything contained in, sub-section (1), where any offence under this act has been committed by a company an,d it is pl'oved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, is secretary or other officer of the company,such director, manager, secretary or other officer shaube deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation-for the purposes of this section-(4) "company" means any body corporate and includes a firm or 20 other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm protection of action taken in good faith 29 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the custodian of the undertakings of the company or the government company or an)' 25 officer or other person authorised by that government or the government company for anything which is in good faith done or intended to be done under this act delegation of powers 30 (1) the central government may, by notification, direct that all or any of the power exerciseable by it under this act, other than the power 30 conferred by section 31, may also be exercised by any person or persons as may be specified in the notification (2) whenever any delegation of power is made unde, sub-section (1), the person to whom such power has been delegated shall act under tho direc~ion, control and supervision of the central government 35 31 (1) the central government may, by notification, make rules for power to carrying out the provisiolul of this act make rules (2) in particular, and with:lut prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-40 (4) the time within which and the madder in which an intimation referred to in sub-secti~n (3) of section 4 shall be given; (b) the form and the manner in which, and the conditions under which, the custodian shall maintain accounts as required by section 11; 45 (c) the manner in which monies in any provident or other fund referred to in section 13 shall be dealt with; cd) any other matter which is required to be, or may be, prescribed (3) every rule made by the central government under this act shan be laid, as soon as may be after it is made, before eaeh house of parlianient while it is in session for a total period of thirty days which may!lc s comprised in one session or in two or more successive sessions, and if, before the expiry of the sc:~sion immediately following the session or tte succeslive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be 10 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 power to remove duftculties 32 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the is provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the drte on which this act receives the assent of the president 33 it is hereby declared that this act is for giving effect to the pjli<'y 20 of the state towards securing the principles specified in clause (b) of article 39 of the constitu~ion declaration as to policy of the state explanation-in this section "state" has the meaning as in article 12 of the constitution 34 (1) the smith, stanistrcet and company limited (acfluisition and transfer of undertakings) ordinance, 1977; is hereby repealed 2s 13 of 1977 repeal and saving (2) notwithstanding such repeal, anything done :lr any ac~ion t:ken under the ordinance sll repealed shall be deemed to have been done or taken under the corresponding provisions of this, act the schedule 30 (see sections 18, 19, 20, 22 and 24) order of priorities for the discharge of liabiuties of the company part 'a'| post-take-over management | palod ||-----------------------------------------------------------|-------------|| categcwy | ·1 || | 35 || (a) wages, salaries | and || of | || the | conl-' || pany | || (b) loans advanced by | || the | central || govemment~ | || (c) loans advanced by indian drugs and pharmaceijticlirs | || limited | || (d) loans advanced | by || ment | || 40 | || (e) credit availed of for | purposes of || opera~lons | |category ii (a) revenue, taxes, cesses, rates or other dues to the central government or a state government 5 (b) sales tax, rates and taxes, contributiods to: be made to the employees' state insurance fund and additional dearness allowances payable to employees part 'b' pre-tad-over management pilriod category iii10 arrears in relation to provident fund, salaries and wages and other amounts due to employees of the company categcwy iv principal amount due in relation to all secured loans category v amounts due by way of interest due in relation to the secured loans referred to in category iv category vi revenue, taxes, cesses, rates or any other dues to the central government, a state government, a local authority or a state electricity board ;'0 category vii ~ : (a) any credit availed of for purposes of trade or manufacturing operations (b) any other dues statement of objects and reasonsmessrs smith, stanistreet and company limited, calcutta were engaged in the manufacture of drugs and pharmaceuticals which were essential to the needs of the country the company began to show steady decline in production from 1970 onwards and incurred considerable losses the company was also being mismanaged mter investigation into the affairs of the company through an investigation committee, the management of its undertakings was taken over on 4th may, 1972 by the central government acting under section 18a of the industries (development and regulation) act, 1951 the indian drugs and pharmaceuticals ltd, a public sector undertaking was appointed as authorised controller as the company had to be moder'nised and expansion undertaken in order to ensure the augmentation and distribution of the different varieties of essential pharmaceuticals and chemicals produced by the company and to ensure the continued sup'ply thereof in public interest, it was necessary to acquire the right, title and interest of the underbkings of the company this was done by the smith, stanistreet knd company limited (acquisition and transfer of undertakings) ordinance, 1977 the bill seeks the replacement of the ordinance new delhi; h n bahuguna the 2nd november, 1977 , claule tn"'; ~ ,lulil:pl!gl'¥lid~ -1ol'tne·'pylljijilt, iii cash; l4dd!! •• ithe ~ spemw;uj,icheptei1i¥lof ad amouirrt' at ib4 3~,'1ftoqg (rupfjih three crores and seventy-four thousand), for vestingid tbaj£,n,alti!q\wo! ei'jllilent, the right, title and interest of the company in relation to the unaerutkih~:'bwnea ts,:it; :~!l; :: 'il :',: '':; i;i"y 'j:'; 11,1 2 'sul:;~c!~ils~jltl) elf ic1ii(lseis p'rohdes"'for! paym~:iit of i1'thrth~r ~iitbunt in cash, in consideration for the deprivation of the :ebirtpany o£·,~he -;~~~~~ ~1~~·j~r4eqb~ip's~, ~n"~()\w~jl,!~i~~l,aw\ at the f~te ~f!,~"lo,oqp (r~~~!t~ith~sma!pnli'> ~f:~, fp'~~;~iod commencmg on the date on which the management of!tpe ~p~~ings , of the comp'any was taken over by the government and ending w'th thlhlppoiilted dll'y; ltis estimated th~t :tbu amount ww be'rottile order of rs 55,000 (rupees fifty,tlvethcusand,only) ':' i: 'jf i:il:',' 3 sub-clause (2) of clau~e 8 provjdes for payment of simple interest o~,the: a~~~n~s iipe~~'ft~cf iricl~~se1~?d st1b-~lause(1) "6fcilnl'se:s: at ~~~ )~ate of ,4 per p~~,t ,pet,i1nnu~ '}o~ th~ pe~?~t ~~~wm~c'hi~jon; t~ appomted day (1st odobel", 1977) an(h~hding wffilihe'tfay''citl ~hiclfij the payment of these amounts is made by the cenfral"gowrnmem ;to·th~ commissioner of payments the interest payment in terms of the provisions of the said clause is of the order of rs 60,000 (rupees sixty thousand only) 4 clause 14 of the bill provides for the <:i1pointment of the commissioner of payments by the central government with adequate staff to assist him for the purpose of disbursing the amounts payable to the company the salary and allowances of the commissioner of payments and his staff and expenditure on office and establishment will be defrayed out of the consolidated fund of india the estimated expenditure on this account is likely to be of the order of rs 10,000 per month 5 the liabilities relating to gratuity payable to employees amounting to rs 37 lakhs as well as balance of post-take-over liabilities of sundry creditors rmounting to rs 2456 lakhs and principal amounts due in relation to secured loans (pre-take-over) amounting to rs 48 lakhs, are not likely to be discharged fully by the commissioner of payments out of the amount paid to him under clause 7 of the bill in the interest of the company and its continued functioning it is proposed that the central government may assume these liabilities, as p'i'ovided in sub-clause (1) of clause 24 6 funds will also have to be provided to the company for modernisation and expansion the expenditure on this account is necessary to make the company financially viable the total estimated expenditure on the modernisation and expansion scheme is likely to be of the order of rs 1 crore (rupees one crore only) a sum of rs 50 lakhs has been provided in the budget for 1977-78 towards non-plan loans for workingcapital for this company and may have to be disbursed to the company during the year 7 the bill, if enacted, is not likely to involve any other recurring or non-recurring expenditure clauee 31 of the bill empowers the central government to make rules to carry out the provisions of the bill such rules may provide for matters, such as-<a> the time within which and the manner in which an intimation referred to in sub-clcluse (3) of clause 4 of the bill shall be given; (b) the form and the manner in which and the conditions under which the custodian shall maintain the accounts as provided in clause 11; and (c) the manner in which monies in any ptovident or other fund referred to in clause 13 shall be dealt with 2 the matters in respect of which such rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character a billto provide for, in the public interest, the acquisition and transfer of the right, title and interest of the undertakings of messrs smith, stanfstreet and company limited, calcutta and for matters connected therewith or incidental thereto (shri h n bahuguna, minister of petrolium, chemicals and fertilizt1'b)

Parliament_bills

96b626d9-4768-5255-a9a2-7e99a121cf4a

clauses85 qualifications for appointment as chairman, vice-chairman or other members 86 term of office of chairman, vice-chairman and other members 87 vice-chairman or senior-most member to act as chairman or discharge his functions in certain circumstances 88 salaries, allowances and other terms and conditions of service of chairman, vice- chairman and other members 89 resignation and removal 90 staff of appellate board 9f appeals to appellate board 92 procedure and powers of appellate board 93 bar of jurisdiction of courts, etc 94 bar to appear before appellate board 95 conditions as to making of interim orders 96 power of chairman to transfer cases from one bench to another, 97 procedure for application for rectification, etc,, before appellate board 98 appearance of registrar in legal proceedings 99 costs of registrar in proceedings before appellate board 100 transfer of pending proceedings to appellate board chapter xii offences, penaliies and proceduri101 meaning of applying trade marks and trade descriptions falsitying and falsely applying trade matks 102 penalty for applying false trade marks tadv descriptions, etc 103 penalty for seiling goods or providing services to which false trade mark or false 104 trade descripuion is applied 105 enhanced penalty on second or subsequent conviction penalty for removing piece goods, etc, contrary to section 81 106 penalty for falsely representing a trade mark as registered 107 108 penalty for improperly describing a place of business as connected with the trade marks office penalty for falsification of entries in the register 109 110 no offence in certain cases 111 forfeiture of goods 112,,exemption of certain persons employed in ordinary course of business 113 procedure where invalidity of registration is pleaded by the accused 114 offences by companies 115 cognizance of certain offences and the powers of police officer for search and seizure 116 evidence of origin of goods imported by sea costs of defence or prosecution hi7 limitation of prosecution 118 information as to commission of offence 119 punishment of abetment in india of acts done out of india 120 121 instructions of central government as to permissible variation to be observed by criminal courts chapter xii miscellaneous clauses122 protection of action taken in good faith certain persons to be public servants 123 124, stay of proceedings where the validity of registration of the trade mark is questioned, etc 125 application for rectification of register to be made to appellate board in certain cases implied warranty on sale of marked goods 126 127 powers of registrar exercise of discretionary power by registrar 128 evidence before registrar 129 death of party to a proceeding 130 131 extension of time abandonment 132 preliminary advice by the registrar as to distinctiveness 133 suit for infringement, etc, to be instituted before district court 134 relief in suits for infringement or for passing off —_, 135 registered user to be impleaded in certain proceedings 136 137, evidence of entries in register, etc, and things done by the registrar registrar and other officers not compellable to produce register, etc 138 power to require goods to show indication of origin 139 140 power to require information of imported goods bearing false trade marks certificate of validity 141 groundless threats of legal proceedings 142, 143 address for service trade usages, etc, to be taken into consideration 144 agents 145 146 marks registered by an agent or representative without authority indexes 147, documents open to public inspection 148 reports of registrar to be placed before parliament 149 fees and surcharge 150 savings in respect of certain matters in chapter xii 151 declaration as to ownership of trade mark not registrable under the registration 152 act, 1908 government to be bound 153 154 special provisions relating to applications for registration from citizens of convention countries provision as to reciprocity 155 power of central government to remove difficulties 156 power to make rules 157 amendments 158 repeal and savings 159 the schedule bill no xxxiii of 1999 the trade marks bill, 1999 a billto amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks bz it enacted by parliament in the fiftieth year of the republic of india as follows:— chapter i f preliminary1 (1) this act may be called the trade marks act, 1999 5 (2) it extends to the whole of india short title, extent and commencement (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed 10 as areference to the coming into force of that provision 2, (1) in this act, unless the context otherwise requires,— definitions and interpretation(a) "appellate board" means the appellate board established under section 83; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this act; " (d) "bench" means a bench of the appellate board; (e) "certification trade mark" means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which 10 are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under chapter ix in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "chairman" means the chairman of the appellate board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning 15 9 of 1932 of the indian partnership act, 1932) which is the proprietor of the mark from those of others; (h) "deceptively similar" —a mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; 20 s (i) "false trade description" means— (i) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (if) any alteration of a trade description as regards the goods or services 25 to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or (iit) any trade description which denotes or implies that there are contained, as regards the goods to which it is applied, more yards or metres than there are contained therein standard yards or standard metres; or 30 (1v) any marks or arrangement or combination thereof when applied— (a) to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose merchandise or manufacture they really 35 are; ' (b) in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by some person other than the person whose services they really are; or (v) any false name or initials of a person applied to goods or services 40 in such manner as if such name or initials were a trade description in any case where the name or initials-—— (a) is or are not a trade mark or part of a trade mark; and (b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the 45use of such name or initials; and (c) is or are either the name or initials of a fictitious person or some person not bona fide carriyng on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this act; (j) "goods" means anything which is the subject of trade or manufacture; (k) "judicial member" means a member of the appellate board appointed as such under this act, and includes the chairman and the vice-chairman; (i) "limitations" (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within india or outside india; 10 (m) "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or, combination of colours or any combination thereof; (n) "member" means a judicial member or a technical member of the appellate board and includes the chairman and the vice-chairman; 15 (o) "name" includes any abbreviation of a name; (p) "notify" means to notify in the trade mark journal published by the registrar; (q) "package" includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reef, frame, capsule, cap, lid, stopper 29 and cork; (r) "permitted use", in relation to a registered trade mark, means the use of trade mark— (i) by aregistered user of the trade mark in relation to goods or services (a) with which he is connected in the course of trade; and 25 (b) in respect of which the trade mark remains registered for the time being; and (c) for which he is registered as registered user; and (d) which complies with any conditions or limitations to which the registration of registered user is subject; or 30 (ii) by a person other than the registered proprietor and registered user in relation to goods or services— (a) with which he is connected in the course of trade; and ' (b) in respect of which the trade mark remains registered for the time being; and 35 (c) by consent of such registered proprietor in a written agreement; and (d) which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject; (s) "prescribed" means prescribed by rules made under this act; (t) "register" means the register of trade marks referred to in sub-section (1) of section 6; (u) "registered" (with its grammatical variations) means registered under this act;(v) "registered proprietor", in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark; (w) "registered trade mark" means a trade mark which is actually on the register and remaining in force; (x) "registered user" means a person who is for the time being registered as such under section 49; (y) "registrar" means the registrar of trade marks referred to in section 3; (z) "service" means service of any description which is made available to potential users and includes the provision of services in connection with business 10 of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising; 15 (za) "trade description" means any description, statement or other indication, direct or indirect,— (i) as to the number, quantity, measure, guage or weight of any goods; or (ii) as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade; or ' (iii) as to fitness for the purpose, strength, performance or behaviour 20 of any goods, being "drug" as defined in the drugs and cosmetics act, 1940, 23 of 1940 37 of 1954 or "food" as defined in the prevention of food adulteration act, 1954; or (iv) as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be; or (v) as to the name and address or other indication of the identity of 25 the manufacturer or of the person providing the services,or of the person for whom the goods are manufactured or services are provided; or (vi) as to the mode of manufacture or producing any goods or providing services; or (vii) as to the material of which any goods are composed; or 30 (viii) as to any goods being the subject of an existing patent, privilege or copyright, and includes— ' (a) any description as to the use of any mark which according to the 35 custom of the trade is commonly taken to be an indication of any of the above matters; (b) the description as to any imported goods contained in any bill of entry or shipping bill; (c) any other description which is likely to be misunderstood or mistaken 40 for all or any of the said matters, (zb) "trade mark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and— 45(i) in relation to chapter xii (other than section 107), a registered trade mark, or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and (ii) in relation to other provisions of this acf, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark; (zc) "transmission" means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment; 10 (zd) ''technical member'? means a member who is not a judicial member; (ze) "tribunal" means the registrar or, as the case may be, the appellate board, before which the proceeding concerned is pending; (2f) "vice-chairman" means a vice-chairman of the appellate board 15 (2) in this act, unless the context otherwise requires, any reference— (a) to "trade mark" shall include reference to "collective mark" or "certification trade mark"; (b) to the use of a mark shall be construed as a reference to the use of printed or other visual representation of the mark; 20 (c) to the use of a mark,— (i) in relation to goods, shall be construed as a reference to the use of the mark upon, or in any physical or in any other relation whatsoever, to such goods; (ii) in relation to services, shall be construed as a reference to the use 25 of the mark as or as part of any statement about the availability, provision or performance of such services; (d) to the registrar shall be construed as including a reference to any officer when discharging the functions of the registrar in pursuance of sub-section (2) of section 3; 30 (e) to the trade marks registry shall be construed as including a reference to any office of the trade marks registry 35 (zg) "well-known trade mark" , in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or servies and a person using the mark in relation to the first-mentioned goods or services (3) for the purposes of this act, goods and services are associated with each other 40 if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business and so with descriptions of goods and descriptions of services 43 of 1958 (4) for the purposes of this act, "existing registered trade mark" means a trade mark registered under the trade and merchandise marks act, 1958 immediately before the commencement of this act 45 chapter ii the register and conditions for registrationappointment of registrar 50 3 (1) the central government may, by notification in the official gazette, appoint a person to be known as the controller-general of patents, designs and trade marks, who shall be the registrar of trade marks for the purposes of this and other officersact (2) the central government may appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the registrar, such functions of the registrar under this act as he may from time to time authorise them to discharge 5 power of registrar to withdraw or transfer cases, etc, 4 without prejudice to the generality of the provisions of sub-section (2) of section 3, the registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer so appointed who may, subject to special directions in 10 the order of transfer, proceed with the matter either de novo or from the stage it was so transferred 43 of 1958trade marks registry and offices thereof 5 () for the purposes of this act, there shall be a trade marks registry and the trade marks registry established under the trade and merchandise marks act, 1958 shall be the trade marks registry under this act (2) the head office of the trade marks registry shall be at such place as the central government may specify, and for the purpose of facilitating the registration of trade marks, there may be established at such places as the central government may think fit branch offices of the trade marks registry (3) the central government may, by notification in the official gazette, define the territorial limits within which an office of the trade marks registry may exercise 20 its functions (4) there shall be a seal of the trade marks registry the register of trade marks 6 (1) for the purposes of this act, a record called the register of trade marks shall be kept at the head office of the trade marks registry, wherein shall be entered 25 all registered trade marks with the names, addresses and description of the proprietors, notifications of assignment and transmissions, the names, addresses and descriptions of registered users, conditions, limitations and such other matter relating to registered trade marks as may be prescribed (2) notwithstanding anything contained in sub-section (/), it shall be lawful for the registrar to keep the records wholly or partly in computer floppies diskattes or in any 30 other electronic form subject to such safeguards as may be prescribed (3) where such register is maintained wholly or partly on computer under subsection (j) any reference in this act to entry in the register shall be construed as the reference to any entry as maintained on computer or in any other electronic form _ 4) no notice of any trust, express or implied or constructive, shall be entered in 35 thé register and no such notice shall be receivable by the registrar (5) the register shall be kept under the control and management of the registrar 40 (6) there shall be kept at each branch office of the trade marks registry a copy of the register and such of the other documents mentioned in section 148 as the central government may, by notification in the official gazette, direct (7) the register of trade marks, both part a and part b, existing at the commencement of this act, shall be incorporated in and form part of the register under this act classification of goods and 45 7 (1) the registrar shall classify goods and services, as far as may be, in accordance with the international classification of goods and services for the purposes of registration services, of trade marks (2) any question arising as to the class within which any goods or services falls shall be determined by the registrar whose decision shall be final publication of alphabetical 8 (1) the registrar may publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7 index (2) where any goods or services are not specified in the alphabetical index of goods and services published under sub-section (/), the classification of goods or services 5 shall be determined by the registrar in accordance with sub-section (2) of section 7 9, (1) the trade marks— absolute grounds for (a) which are devoid of any distinctive character, that is to say, not capable refusal of of distinguishing the goods or services of one person from those of another person; registration (6) which consist exclusively of marks or indications which may serve in 10 trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service; (c) which consist exclusively of marks or indications which have become cystomary in the current language or in the bona fide and established practices of is the trade, os shall not be registered: provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark 20 (2) a mark shall not be registered as a trade mark if— (a) it is of such nature as to deceive the public or cause confusion; (b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of india; (c) it comprises or contains scandalous or obcene matter; 25 (a) its use is prohibited under the emblems and names (prevention of improper 12 of 1950 use) act, 1950 / (3) a mark shall not be registered as a trade mark if it consists exclusively of— (a) the shape of goods which results from the nature of the goods themselves; or 30 (b) the shape of goods which is necessary to obtain a technical result; or (c) the shape which gives substantial value to the goods explanation—for the purposes of this section, the nature of goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration / limitation as to colour 35 10 (1) a trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark (2) so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours 40 11 (j) save as provided in section 12, a trade mark shall not be registered if, because of - relative grounds for refusal of registration(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or (b) its similarity to an earlier trade mark and the identity or similarity of the 45 goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark (2) a trade mark which— (a) is identical with or similar to an earlier trade mark; and 50 (b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in india and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark (3) a trade mark shall not be registered if, or to the extent that, its use in india is liable to be prevented— (a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or (b) by virtue of law of copyright (4) nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration, and 10 in such case the registrar may register the mark under special circumstances under section 12 explanation—for the purposes of this section, earlier trade mark means— 15 (a) a registered trade mark or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where appropriate, of the priorities claimed in respect of the trade marks; (b) a trade mark which, on the date of the application for registration of the trade mark in question, or where appropriate, of the priority claimed in respect of the application, was entitled to protection as a well-known trade mark 20 (5) a trade mark shall not be refused registration on the grounds specified in subsections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark 25 (6) the registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including— ; (i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in india obtained as a result of promotion of the trade mark; 30 (ii) the duration, extent and geographical area of any use of that trade mark; (iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies; (iv) the duration and geographical area of any registration of or any publication 35 for registration of that trade mark under this act to the extent they reflect the use or recognition of the trade mark; (v) the record of successful enforcement of the rights in that trade mark, in particular, the extent to which the trade mark has been recognised as a well-known trade mark by any court or registrar under that record 40 (7) the registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account , (i) the number of actual or potential consumers of the goods or services; 45(ii) the number of persons involved in the channels of distribution of the goods or services; (iii) the business circles dealing with the goods or services, to which that trade mark applies (8) where a trade mark has been determined to be well-known in at least one relevant section of the public in india by any court or registrar, the registrar shall consider that trade mark as a well-known trade mark for registration under this act (9) the registrar shall not require as a condition, for determining whether a trade 5 mark is a well-known trade mark, the any of the following, namely:— (é) that the trade mark has been used in india; (ii) that the trade mark has been registered; (iii) that the application for registration of the trade mark has been filed in india; 10 (iv) that the trade mark— (a) is well known in; or (b) has been registered in; or (c) in respect of which an application for registration has been file in, any jurisdiction other than india; or 15 (v) that the trade mark is well-known to the public at large in india (j0) while considering an application for registration of a trade mark and opposition filed in respect thereof, the registrar shall— (i) protect a well-known trade mark against the identical or similar trade marks; 20 (ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark (11) where a trade mark has been registered in good faith disclosing the material informations to the registrar of where right to a trade mark has been acquired through use in good faith before the commencement of this act, then, nothing in this act shall 25 prejudice the validity of the registration of that 'trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well known trade mark 12 in the case of honest concurrent use or of other special circumstances which in registration in the case of honest concurrent use, ete the opinion of the registrar, make it proper so to do, he may permit the registration by 30 more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or not) in respect of the same or similar goods or services, subject to such conditions and limitations, if any, as the registrar may think fit to impose 13 no word— ny prohibition of 35 (a) which is the commonly used and accepted name of any single chemical element or any single chemical compound (as distinguished from a mixture) in respect of a chemical substance or preparation, or | registration | of ||-----------------|-------|| names | of || chemical | || elements | or || international | || non-proprietary | || names, | |(b) which is declared by the world health organisation and notified in the prescribed manner by the registrar from time to time, as an international non- 40 proprietary name or which is deceptively similar to such name, shall be registered as a trade mark and any such registration shall be deemed for the purpose of section 57 to be an entry made in the register without sufficiefit cause or an entry wrongly remaining on the register, as the circumstances may require 14 where an application is made for the registration of a trade mark which falsely 45 suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trade mark, the registrar may, before he proceeds with the application, require the applicant to furnish him with the consent in writing of such living person or, as the case may be, of the legal | use | of | names ||----------|-------------|----------|| and | representa- | || tions | of | living || persons | or | || persons | | || recently | dead | |representative of the deceased person to the connection appearing on the trade mark, and may refuse to proceed with the application unless the applicant furnishes the registrar with such consent 15, (1) where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as separate tradé marks registration of parts of trade marks and of trade marks as aseries,(2) each such separate trade mark shall satisfy all the conditions applying to and have all the incidents of, an independent trade mark (3) where a person claiming to be the proprietor of several trade marks in respect 10 of the same or similar goods or services or description of goods or description of services, which, while resembling each other in the material particulars thereof, yet differ in respect of— (a) statement of the goods or services in relatidn to which they are respectively used or proposed to be used; or (b) statement of number, price, quality or names of places; or 15 (c) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d) colour, seeks to register those trade marks, they may be registered as a series in one registration 20 16 (j) where a trade mark which is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the regisirar may, at any time, require that 25 the trade marks shall be entered on the register as associated trade marks (2) where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration in the name of the same proprietor, in respect of goods and in respect of services which are associated with those goods or goods 30 of that description and with those services or services of that description, sub-section (/) shall apply as it applies as where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services (3) where a trade mark and any part thoreof are, in accordance with the provisions 35 of sub-section (/) of section 15, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks (4) all trade marks registered in accordance with the provisions of sub-section (3) 40 of section 15 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks (5) on application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by any other person 45in relation to any of the goods or services or both in respect of which it is registered, and may amend the register accordingly 17 (1) when a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole (2) notwithstanding anything contained in sub-section (/), when a trade mark— (a) contains any part— (i) which is not the subject of a separate application by the proprietor for registration as a trade mark; or (ii) which is not separately registered by the proprietor as a trade mark; or (b) contains any matter which is common to the trade or is otherwise of a non-distinctive character, the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered 10 chapter iii procedure for and duration of registration18 (/) any person claiming to be the proprietor of a trade mark used or proposed application tor registration to be used by him, who is desirous of registering it, shall apply in writing to the registrar in the prescribed manner for the registration of his trade mark 15 (2) asingle application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services (3) every application under sub-section (/) shall be filed in the office of the trade marks registry within whose territorial limits the principal place of business in india of 20 the applicant or in the case of joint applicants the principal place of business in india of the applicant whose name is first mentioned in the application as having a place of business in india, is situate: 25 provided that where the applicant or any of the joint applicants does not carry on business in india, the application shall be filed in the office of the trade marks registry within whose territorial limits the place mentioned in the address for service in india as disclosed in the application, is situate (4) subject to the provisions of this act, the registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit 30 (5) in the case of a refusal or conditional acceptance of an application, the registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision 19, where, after the acceptance of an application for registration of a trade mark withdrawal of acceptance, but before its registration, the registrar is satisfied— 35 (a) that the application has been accepted in error or (b) that in the circumstances of the case the trade mark should not be registered or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, 40 the registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted advertisement 20 (1) when an application for registration of a trade mark has been accepted of applicationwhether absolutely or subject to conditions or limitations, the registrar shail, as soon as may be after acceptance, cause the application as accepted together with the 45 conditions or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner: provided that the registrar may cause the application to be advertised before acceptance if it relates to a trade mark to which sub-section (/) of section 9 and subsections (/) and (2) of section 11 apply, or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do (2) where— (a) an application has been advertised before acceptance under sub-section ();or (b) after advertisement of an application,— 10 (i) an error in the application has been corrected; or n (ii) the application has been permitted to be amended under section 22, 15 the registrar may in his discretion cause the applicativn to be advertised again or in any case falling under clause (b) may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendmént made in the application 21 (/) any person may, within three months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the registrar, on application made to him in 20 the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the registrar, of opposition to the registration 25 (2) the registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the registrar in the prescribed manner a counterstatement of the grounds on which he relies for his application, and if he does not do so he shall be deemed to have abandoned his application (3) if the applicant sends such counter-statement, the registrar shall serve a copy thereof on the person giving notice of opposition 30 (4) any evidence upon which the opponent and the applicant may rely shall! be submitted in the prescribed manner and within the prescribed time to, the registrar, and the registrar shall give an opportunity to them to be heard, if they so desire 35 (5) the registrar shall, after hearing the partics, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not (6) where a person giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of such notice neither resides nor carries on business in india, the registrar may require him to give security for the costs of proceedings before him, and in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned (7) the registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he thinks just 4522 the registrar may, on such terms as he thinks just, at any time, whether before or after acceptance of an application for registration under section 18, permit the correction of any error in or in connection with the application or permit an amendment of the application: provided that if an amendment is made to a single application referred to in subsection (2) of section 18 involving division of such application into two or more applications, the date of making of the initial application shall be deemed to be the date of making of the divided applications so divided registration 23 (/) subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either— (a) the application has not been opposed and the time for notice of opposition has expired; or 10 (b) the application has been opposed and the opposition has been decided in favour of the applicant, the registrar shall, unless the central government otherwise directs, register the said trade mark and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 154, be deemed to be the date of registration 15 (2) on the registration of a trade mark, the registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the trade marks registry (3) where registration of a trade mark is not completed within twelve months from 20 the date of the application by reason of default on the part of the applicant, the registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice (4) the registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake 24 (1) save as provided in sub-section (2), nothing in this act shall authorise the jointly owned trade marks 25 registration of two or more persons who use a trade mark independently, or propose so to use it, as joint proprietors thereof (2) where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except— (a) on behalf of both or all of them; or 30 (6) in relation to an article or service with which both or all of them are connected in the course of trade, those persons may be registered as joint proprietors of the trade mark, and: this act shall have effect in relation to any rights to the use of the trage mark vested in those persons as if those rights had been vested in a single person 35 25 (/) the registration of a trade mark, after the commencement of this act, shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section + (2) the registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period and subject to payment 40 of the prescribed fee, renew the registration of the trade mark for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section referred to as the expiration of the last registration) 45 (3) at the prescribed time before the expiration of the last registration of a trade mark the registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with the registrar may remove the trade mark from the register: provided that the registrar shall not remove the trade mark from the register if an application is made in the prescribed form and the prescribed fee and surcharge is paid within six months from the expiration of the last registration of the trade mark and shall renew the registration of the trade mark for a period of ten years under sub-section (2) (4) where a trade mark has been removed from the register for non-payment of the prescribed fee, the registrar shall, after six months and within one year from the expiration 10 of the last registration of the trade mark, on receipt of an application in the prescribed form and on payment ot the prescribed fee, if satisfied that it is just so to do, restore the trade mark to the register and renew the registration of the trade mark either generally or subject to such conditions or limitations as he thinks fit to impose, for a period of ten years from the expiration of the last registration 26 where a trade mark has been removed from the register for failure to pay the fee 15 effect of removal from register for failure to pay for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next alter the date of the removal, be deemed to be a trade mark already on the register, unless the tribunal 1s satisfied either-— fee for renewal (a) that there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal; or 20 (b) that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed chapter iv efrect of registration25 27 (1) no person shall be entitled to institute any proceeding to prevent, or to recovet damages for, the infringement of an unregistered trade mark no action for infringement of unregistered trade mark (2) nothing in this act shall be deemed to affect rights of action against any person for passing off goods or services as the goods of another person or as services provided by another person, or the remedics in respect thereof 30 rights conferred by registration 28 (1) subject to the other provisions of this act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this act (2) the exclusive right to the use of a trade mark given under sub-section (/) shall 35 be subject to any conditions and limitations to which the registration is subject (3) where two or more persons are registered proprietors of trade marks, which ate identical with or nearly resemble each other, the exclusive right to the use of any of those trade marks shall not (except so far as their respective rights are subject to any conditions 40 or limitations entered on the register) be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks but edch of those persons has otherwise the same rights as against other persons (not being registered users using by way of permitted use) as he would have if he were the sole registered proprietor 45infringement of registered trade 29 (1) a registered tratle iark is infringed by a person wtio, not being a registered proprietot or a person using by way of permitted use, uses in the course of trade, a mark which is idetitical with, or deceptively similar to, the trade inark in relation to goods or services in respect of which the trade itiark is registered and in such masiner as to render the use of the mark likely to be taken as being used as a trade mark (2) a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uscs in the course of trade, a mark which because of— (a) its identity with the registered trade mark and the similarity of the goods or services covered by such registered trade mark; or (b) its similarity to the registered trade mark and the identity or similarity of the goods or services covered by such registered trade mark; or (c) its identity with the registered trade mark and the identity of the goods or services covered by such registered trade mark, 10 is likely to cause confusion on the part of the public, or which 1s likely to have an association with the registered trade mark (3) in any case falling under clause (c) of sub-section (2), the court shall presume that it is likely to cause confusion on the part of the public (4) a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which+— (a) is idenucal with or similar to the registered trade mark; and (b) is used in relation to goods or services which are not similar to those for + which the trade mark is registered; and 20 (c) the registered trade mark has a reputation in india and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark (5) a registered trade miark is infringed by a person if he uses such registered trade mark, as his trade name or part of his trade name, or pame of his business concern or part of the name, of his business concern dealing in goods or services in respect of which the 25 trade mark is registered (6) for the purposes of this section, a person uses a registered mark, if, in particular, he— , (a) affixes it to goods or the packaging thereof; (b) offers or exposes goods for sale, puts them on the market, or stocks them 30 for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark; (c) imports or expotts goods under the mark; or (d) uses the registered trade mark on busiriess papers or in advertising 35 (7) a registered trade mark is infringed by a person who applics such registered trade mark to a material intended to be used for labelling of packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the thark was not duly authorised by the proprietot or a licensee (8) a registered trade matk is infringed by any advertising of that trade mark if such advertising— (a) takes urifair advantage of and is contraty 10 honest practices in industrial of commercidl matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the trade mark45 (9) where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly limits on effect 30 (/) nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the of registered trade mark proprietor provided the use— (a) is in accordance with honest practices in industrial or commercial matters, and (b) is not such as to take unfair advantage of or be detrimental to the distinctive character or repute of the trade mark (2) a registered trade mark is not infringed where— (a) the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the me of production of goods or of rendering of services or other characteristics of goods or services; (b) a trade mark is registered subject to any conditions or limitations, the use of the trade mark in any manner in relation to goads to be sold or otherwise traded in, in any place, or in relation to goods to be exported to any market or in relatiun to services for use or available or acceptance in any place or country outside india or 20 in any other circumstances, to which, having regard to those conditions or limitations, the registration does not extend; (c) the use by a person of a trade mark-— (i) in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bulk or which they form part, the registered proprictor or the registered user conforming to 25 the permitted use has applied the trade mark and has not subsequently removed or obliterated it, or has at any time expressly or impliedly consented to the use of the trade mark; or (ii) in relation to services to which the proprietor of such mark or of a registered user conforming {0 the permitted use has applied the mark, where 30 ,the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of the mark; (d) the use of a trade mark by a person in relation to goods adapted to form 35 part of, or to be accessory to, other goods or services in relation to which the trade mark has been used without infringement of the right given by registration under 40 this act or might for the time being be so used, if the use of the trade mark is reasonably necessary in order to indicate that the goods or services are so adapted, and neither the purpose nor the effect of the use of the trade mark is to indicate, otherwise than in accordance with the fact, a connection in the course of trade between any person and the goods or services, as the case may be; (e) the use of a registered trade mark, being one of two or more trade marks registered under this act which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration under this act 45 (3) where the goods bearing a registered trade mark are lawfully acquired by a person, the sale of the goods in the market or otherwise dealing in those goods by that person or by a person claiming under or through him is not infringement of a trade by reason only of - (a) the registered trade mark having been assigned by the registered proprietor to some other person, after the acquisition of those goods; or 50(b) the goods having been put on the market under the registered trade mark by the proprietor or with his consent (4) sub-section (3) shall not apply where there exists legitimate reasons for the proprietor to oppose further dealings in the goods in particulai, where the condition of the goods, has been changed or impaired after they have been put on the market registration to 31 (/) in all legal proceedings relating to a trade mark registered under this act (including applications under section 57), the original registration of the trade mark and | be | prima ||-----------|----------|| evidence | of || validity | |of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof; 10 (2) in all legal procecdings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence of distinctiveness and that such evidence was not submitted to the registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or his predecessor in title as to have become distinctive at the date of registration, 32 where a trade mark is registered in breach of sub-section (/) of section 9, it 15 | protection | of ||-----------------|---------|| registration | on || ground | of || distinctiveness | || in | certain |shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration and before commencement of any legal proceedings challenging the validity of such registration, acquired a distinctive character in relation to the goods or services for which it is registered 20 effect of acquiescence 33 (/) where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark— -(a) to apply for a declaration that the registration of the later trade mark is invalid, or (5) to oppose the use of the later trade mark in relation to the goods or services 25 in relation to which it has been so used, unless the registration of the later trade mark was not applied in good faith (2) where sub-section (/) applies, the proprictor of the later trade mark is not entitled to oppose the use of the earlier trade mark, or as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark may no longer be invoked against 30 his later trade mark saving for vested rights 34, nothing in this act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title of his has continuously used that trade mark from a date prior— 35 (a) to the use of the first-mentioned trade mark in relation to those goods or services be the proprietor or a predecessor in title of his; or (b) to the date of registration of the first-mentioned trade mark in respect of those goods or services in the name of the proprietor of a predecessor in title of his; 40 whichever is the earlier, and the registrar shall not refuse (on such use being proved) to register the second mentioned trade mark by reason only of the registration of the firstmentioned trade mark saving for use 45 | of | name, ||-------------|----------|| address | or || description | of || goods | or || services | |35 nothing in this act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods or services 36 (1) the registration of a trade mark shall not be deemed to have become invalid by reason only of any use after the date of the registration of any word or words which saving for words used as name or description of the trade mark contains or of which it consists as the name or description of an article or substance or service: provided that, if it is proved either— an article or substance or service (a) that there is a well known and established use of the said word as the name or description of the article or substance or service by a person or persons carrying on trade therein, not being use in relation to goods or services connected in the course of trade with the proprietor or a registered user of the trade mark or (in the case of a certification trade mark) in relation to goods or services certified by the proprietor; or ; (b) that the article or substance was formerly manufactured under a patent that a period of two years or more after the cesser of the patent has clapsed and that the said word is the only practicable name or description of the article or substance, the provisions of sub-section (2) shall apply 15 (2) where the facts mentioned in clause (a) or clause (b) of the proviso to subsection (/) are proved with respect to any words, then,— 20 (a) for the purposes of any proceedings under section 57 if the trade mark consists solely of such words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, or of the services or of any services of the same description, as the case requires, shall be deemed to be an entry wrongly remaining on the register; (b) for the purposes of any other legal proceedings relating to the trade mark,— (é if the trade mark consists solely of such words, all rights of the proprietor under this act or any other law to the use of the trade mark; or 25 (ii) if the trade mark contains such words and other matter, all such right of the proprietor to the use of such words, 30 in relation to the article or substance or to any goods of the same description, or to the service or to any services of the same description, as the case requires shall be deemed to have ceased on the date on which the use mentioned in clause (a) of the proviso to subsection (/) first became well known and established or at the expiration of the period of two years mentioned in clause (b) of the said proviso chapter v assignment and transmission35 37 the person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give | power | of ||------------|-------|| registered | || proprietor | to || assign | and |effectual receipts for any consideration for such assignment receipts assignability and transmissi- 40 38 notwithstanding anything in any other law to the contrary, a registered trade mark shall, subject to the provisions of this chapter, be assignable and transmissible, whether with or without the goodwill of the business concerned and in respect either of all the goods or services in respect of which the trade mark is registered or of some only | bility | of ||------------|-------|| registered | trade || marks, | |of those goods or services assignability and transmissi- 4539 an unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned bility of unregistered trade marks 40 (1) notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this act or any other law, exclusive rights in more than one of the persons concerned to the use, in relation to— restriction on assignment or transmission where multiple exclusive rights would be (a) same goods or services; created (b) same description of goods or services; (c) goods or services or description of goods or services which are associated with each other, of trade marks nearly resembling each other or of identical trade mark, if having regard 10 to the similarity of the goods and services and to the similarity of the trade marks, the use of the trade marks in exercise of those rights would be likely to deceive or cause confusion: provided that an assignment or transmission shall not be deemed to be invalid under this sub-section if the exclusive rights subsisting as a result thereof in the persons concerned respectively are, having regard to limitations imposed thereon, such as not to 15 be exercisable by two or more of those persons in relation to goods to be sold, or otherwise traded in, within india otherwise than for export therefrom, or in relation to goods to be exported to the same market outside india or in relation to services for use at any place in india or any place outside india in relation to services available for acceptance in india (2) the proprietor of a registered trade mark who proposes to assign it may submit 20 to the registrar in the prescribed manner a statement of case setting out the circumstances and the registrar may issue to him a certificate stating whether, having regard to the similarity of the goods or services and of the trade marks referred to in the case, the proposed assignment would or would not be invalid under sub-section (/), and a certificate 25 so issued shall, subject to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under subsection (/) of the assignment in so far as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 45 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued 30 41 notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this act or any other law— | restriction | on ||----------------|-----------|| assignment | or || transmission | || when | exclusive || rights | would || created | in || different | parts |(a) an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in india, or in relation to services for use, or services available for acceptance of india35 in any place in india; and - (b) an exclusive right in another of these persons concerned, to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to-— (i) the same goods or services; or 40 (ii) the same description of goods or services; or (iii) services which are associated with those goods or goods of that description or goods which are associated with those services or services of that description, 45 limited to use in relation to goods to be sold or otherwise traded in, or services for use, or available for acceptance, in any other place in india: provided that in any such case, on application in the prescribed manner by the proprietor of a trade mark who proposes to assign it, or by a person who claims that a registered trade mark has been transmitted to him or to a predecessor in title of his since the commencement of this act, the registrar, if he is satisfied that in all the circumstances the use of the trade mark in exercise of the said rights would not be contrary to the public interest may approve the assignment or transmission, and an assignment or transmission so approved shall not, unless it is shown that the approval was obtained by fraud or misrepresentation, be deemed to be invalid under this section or section 40 if application for the registration under section 45 of the title of the person becoming entitled is made within six months from the date on which the approval is given or, in the case of a transmission, was made before that date 10 42 where an assignment of a trade mark, whether registered or unregistered is made otherwise than in connection with the goodwill of the business in which the mark | conditions | for ||---------------|--------|| assignment | || otherwise | than |has been or is used, the assignment shall not take effect unless the assignee, not later than | | in | connection ||-----------|-------|---------------|| with | the | good- || willofa | | || business | | || 15 | | |the expiration of six months from the date on which the assignment is made or within such extended period, if any, not exceeding three months in the aggregate, as the registrar may allow, applies to the registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the registrar may direct explanation—for the purposes of this section, an assignment of a trade mark of 20 the following description shall not be deemed to be an assignment made otherwise than in connection with the goodwill of the business in which the mark is used, namely:— (a) an assignment of a trade mark in respect only of some of the goods or services for which the trade mark is registered accompanied by the transfer of the goodwill of the business concerned in those goods or services only; or 25 (b) an assignment of a trade mark which is used in relation to goods exported from india or in relation to services for use outside india if the assignment is accompanied by the transfer of the goodwill of the export business only assignability and transmissi- 43 a certification trade mark shall not be assignable or transmissible otherwise than with the consent of the registrar, for which application shall be made in writing in the prescribed manner 30 bility of cestification trade marks assignability and transmissibility or 44 associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this act, they shall, for all other purposes, be deemed to have been registered as separate trade marks trade marks registration of 45 (1) where a person becomes entitled by assignment or transmission to a registered 35 trade mark, he shall apply in the prescribed manner to the registrar to register his title, and the registrar shall, on receipt of the application and on proof of title to his satisfaction, transmissions register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of the assignment or transmission to be entered on the register: 40 provided that where the validity of an assignment or transmission is in dispute between the parties, the registrar may refuse to register the assignment or transmission until the rights of the parties have been determined by a competent court (2) except for the purpose of an application before the registrar under sub-section 45(1) or an appeal from an order thereon, or an application under section 57 or an appeal from an order thereon, a document or instrument in respect of which no entry has been made in the register in accordance with sub-section (/), shall not be admitted in evidence by the registrar or the appellate board or any court in proof of title to the trade mark by assignment or transmission unless the registrar or the appellate board or the court, as the case may be, otherwise directs chapter vi use of trade marks and registered users46 (1) no application for the registration of a trade mark in respect of any goods or services shall be refused nor shall permission for such registration be withheld, on the 5 ground only that it appears that the applicant does not use or propose to use the trade | proposed | use | of ||-------------|--------|-------|| trade | mark | by || company | to | be || formed, | etc | |mark if the registrar is satisfied that— 1 of 1956 (a) a company is about to be formed and registered under the companies act, 1956 and that the applicant intends to assign the trade mark to that company with a view to the use thereof in relation to those goods or services by the company, or 10 (b) the proprietor intends it to be used by a person, as a registered user after the registration of the trade mark (2) the provisions of section 47 shall have effect, in relation to a trade mark registered under the powers conferred by this sub-section, as if for the reference, in clause 15 (a) of sub-section (/) of that section, to the intention on the part of an applicant for registration that a trade mark should be used by him there were substituted a reference to the intention on his part that it should be used by the company or registered user concerned (3) the tribunal may, in a case to which sub-section (/) applies, require thie applicant to give security for the costs of any proceedings relating to any opposition or appeal, and in default of such security being duly given, may treat the application as abandoned 20 (4) where in a case to which sub-section (/) applies, a trade mark in respect of any goods or servicesis registered in the name of an applicant who, relies on intention to assign the trade mark to a company, then, unless within such period asymay be prescribed or within such further period not exceeding six months as the registrar may, on application being made to him in the prescribed manner, allow, the company has been registered as 25 the proprietor of the trade mark in respect of those goods or services, the registration shall cease to have effect in respect thereof at the expiration of that period and the registrar shall-amend the register accordingly 47 (1) aregistered trade mark may be taken off the register in respect of the goods removal from 30 or services in respect of which it is registered on application made in the prescribed manner to the registrar or the appellate board by any person aggrieved on the ground either— | register | and ||-------------|--------|| imposition | of || limitations | on || ground | of || use | |_(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods 35 or services by him or, in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to a date three months before the date of the application; or 40 (b) that up to a date three months before the date of the application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being: 45 provided that except where the applicant has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of the goods or services in question, or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark, the tribunal may refuse an application under clause (a) or clause (2) in relation to any goods or services, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to— (i) goods or services of the same description; or (ii) goods or services associated with those goods or services of that description being goods or services, as the case may be, in respect of which the trade mark is registered (2) where in relation to any goods or services in respect of which a trade mark is registered— (a) the circumstances referred to in clause (b) of sub-section (/) are shown to 10 exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in a particular place in india (otherwise than for export from india), or in relation to goods to be exported to a particular market outside india; or in relation to services for use or available for acceptance in a particular place in india or for use in a particular market outside india; and 15 (b) a person has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of those goods, under a registration extending to use in relation to goods to be so sold, or otherwise traded in, or in relation to goods to be so exported, or in relation to services for use or available for acceptance in that place or for use in that country, or the tribunal is of opinion that he might properly be permitted so to register such a trade mark, 20 on application by that person in the prescribed manner to the appellate board or to the registrar, the tribunal may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that that registration shall cease to extend to such use (3) an applicant shall not be entitled to rely for the purpose of clause (b) of subsection (/) or for the purposes of sub-section (2) on any non-use of a trade mark which is shown to have been due to special circumstances in the trade, which includes restrictions on the use of the trade mark in india imposed by any law or regulation and not to any intention to abandon or not to use the trade mark in relation to the goods or services to which the application relates 30 48 (1) subject to the provisions of section 49, a person other than the registered proprietor of a trade mark may be registered as a registered user thereof in respect of any or all of the goods or services in respect of which the trade mark is registered 35 (2) the permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of section 47 or for any other purpose for which such use is material under this act or any other law 49 (1) where it is proposed that a person should be registered as a registered user registration as registered user of a trade mark, the registered proprietor and the proposed registered user shall jointly apply in writting to the registrar in the prescribed manner, and every such application 40 shall be accompanied by— (a) the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark; and (b) an affidavit made by the registered proprietor or by some person authorised 45to the satisfication of the registrar to act on his behalf,— (i) giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made; (ii) stating the goods or services in respect of which registration is proposed; (iii) stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use, or to any other matter; 10 (iv) stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof; and (c) such further documents or other evidence as may be required by the registrar or as may be prescribed (2) when the requirements of sub-section (/) have been complied with, the registrar shall register the proposed registered user in respect of the goods or services as to which 15 he is so satisfied (3) the registrar shali issue notice in the prescribed manner of the registration of a person as a registered user, to other registered users of the trade mark, if any 20 (4) the registrar shall, if so requested by the applicant, take steps for securing that information given for the purposes of an application under this section (other than matters entered in the register) is not disclosed to rivals in trade 50 (/) without prejudice to the provisions of section 57, the registration of a person as registered user-— (a) may be varied by the registrar as regards the goods or services in respect | power | of ||--------------|-------|| registrar | for || variation | or || cancellation | of || registration | as |25 registered userof which it has effect on the application in writing in the prescribed manner of the registered proprietor of the trade mark; (b) may be cancelled by the registrar onthe application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark; 30 (c) may be cancelled by the registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:— (i) that the registered user has used the trade mark otherwise than in accordance with the agreement under clause (a) of sub-section (/) of section 49 or in such way as to cause or to be likely to cause, deception or confusion; 35 (ii) that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user; (iii) that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would 40 not have justified registration of the registered user; (iv) that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the preformance of which he is interested; (d) may be cancelled by the registrar on his own motion or on the application 45 in writing in the prescribed manner by any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods or services in relation to which the trade mark is to be used is either not being enforced or is not being complied with; (e) may be cancelled by the registrar in respect of any goods or services in relation to which the trade mark is no longer registered (2) the registrar shall issue notice in the prescribed manner in respect of every application under this section to the registered proprietor and each registered user (not being the applicant) of the trade mark (3) the procedure for cancelling a registration shall be such as may be prescribed: provided that before cancelling of registration, the registered proprietor shall be given a reasonable opportunity of being heard 10 power of 51 (1) the registrar may, at any time during the continuahce of the registration of cll for the registered user, by notice in writing, require the registered proprietor to confirm to him within one month that the agreement filed under clause (a) of sub-section (/) of section 49 continues to be in force relating to respect of 15 (2) if the registered proprietor fails to furnish the confirmation within one month as required under sub-section (/), the registered user shall cease to be the registered user on the day immediately after the expiry of the said period and the registrar shall notify the same right of registered user 20 to take 52 (1) subject to any agreement subsisting between the parties, a registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case being concurrent with those of the registered proprietor (2) notwithstanding anything contained in any other law, a registered proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings 25 53 a person referred to in sub-clause (ii) of clause (r) of sub-section (/) of section no right of permitted user 2 shall have no right to institute any proceeding for any infringement to take registered user not to have 54, nothing in this act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof right of assignment or explanation i—the right of a registered user of a trade mark shall not be deemed to 30 have been assigned or transmitted within the meaning of this section in the following cases, namely: - (a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case 35 the firm may use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm; (b) where the registered user being a firm subsequently uridergoes a change in its constitution; but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted 40 firm explanation ii— for the purposes bf explanation i, "firm" has the same meaning 9 of 1932as in the indian partnership act, 1932 5s (1) where under the provisions of this act, use of a registered trade mark is required to be proved for any purpose, the tribunal may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved use of one of associated or substantially identical trade marks equivalent to use of another (2) the use of the whole of a registered trade mark shall, for the purpose of this act, be deemed to be also use of any trade mark being a part thereof and registered in accordance with sub-section (/) of section 15 in the name of the same proprietor 10 (3) notwithstanding anything in section 32, the use of part of the registered trade mark in sub-section (2) shall not be conclusive as to its evidence of distinctiveness for any purpose under this act 56 (1) the application in india of trade mark to goods to be exported from india or use of trade " mark for export trade and use when form of 15 in relation to services for use outside india and any other act done in india in relation to goods to be so exported or services so rendered outside india which, if done in relation to goods to be sold or services provided or otherwise traded in 'within india would constitute: use of a trade mark therein, shall be deemed to constitute use of the trade mark in relation trade connection changes to those goods or services for any purpose for which such use is material under this act or any other law (2) the use of a registered trade mark in relation to goods or services between which and the person using the mark any form of connection in the course of trade subsists 20 shall not be deemed to be likely to cause deception or confusion on the ground only that the mark has been or is used in relation to goods or services between which and the said person or a predecessor in title of that person a different form of connection in the course of trade subsisted or subsists @ chapter vii25 rectification and correction of the register§7 (1) on application made in the prescribed manner to the appellate board or to the registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto 30 (2) any person aggrieved by the absence or omission from the register of any entty, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the appellate board or to the registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit 35 (3) the tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register (4) the tribunal, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (/) or sub-section (2) (5) any order of the appellate board rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly 58 (1) the registrar may, on application made in the prescribed manner by the registered proprietor,— 45 (a) correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark; (b) enter any change in the name,address or description of the person who is registered as proprietor of a trade mark; (c) cancel the entry of a trade mark on the register; (d) strike out any goods or classes of goods or services from those in respect of which a trade mark is registered, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him 10 (2) the registrar may, on application made in the prescribed manner by a registered user of a trade mark, and after notice to the registered proprietor, correct any error, or enter any change, in the name, address or description of the registered user alteration of 59 (1) the registered proprietor of a trade mark may apply in the prescribed manner to the registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, and the registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit (2) the registrar may cause an application under this section to be advertised in 15 the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the registrar in the prescribed manner of opposition to the application, the registrar shall, after hearing the parties if so required, decide the matter 20 (3) where leave is granted under this section, the trade mark as altered shall be advertised in the prescribed manner, ginless the application has already been advertised under sub-section (2) 25 60 (1) the registrar shall not make any amendment of the register which would have the effect of adding any goods or classes of goods or services to those in respect of which a trade mark is registered (whether in one or more classes) immediately before the amendment is to be made or of antedating the registration of a trade mark in respect of any goods or services: | adaptation | of ||----------------|-------|| entries | in || register | to || amended | or || substituted | || classification | of || goods | or |provided that this sub-section, shall not apply when the registrar is satisfied that compliance therewith would involve undue complexity and that the addition or antedating, 30 as the case may be, would not affect any substantial quantity of goods or services and would not substantially prejudice the rights of any person 35 (2) aproposal so to amend the register shall be brought to the notice of the registered proprietor of the trade mark affected and advertised in the prescribed manner, and may be opposed before the registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of sub-section (/) chapter viii collective marks61 (1) the provisions of this act shall apply to collective marks subject to the provisions contained in this chapter special provisions for collective marks 40(2) in relation to a collective mark the reference in clause (zb) of sub-section (/) of section 2 to distinguishing the goods or services of one person from those of others shall be construed as a reference to distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others collective mark not to be misleading as 62 a collective mark shall not be registered if it is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to be something other than a collective mark, and in such case the registrar may require that a mark in respect of which application is made for registration comprise some indication that it is to character or significance a collective mark application to 63 (1) an application for registration of a collective mark shall be accompanied by the regulations 'governing the use of such collective mark (2) the regulations referred to in sub-section (/) shall specify the persons authorised | be | accom- ||-------------|-----------|| panied | by || regulations | || governing | use |to use the mark, the conditions of membership of the association and, the conditions of 10 of collective marks use of the mark, including any sanctions against misuse and such other matters as may be prescribed 64, if it appears to the registrar that the requirements for registration are satisfied, | acceptance | of ||-----------------|-------|| application and | || regulations | by || registrar, | |he shall accept the application together with the regulations, either unconditionally or subject to such conditions including amendments of the said regulations, if any, as he may deem fit or refuse to accept it-and if accepted shall notify the regulations 15 regulations to 65 the regulations referred to in sub-section (/) of section 63 shall be open to public inspection in the same way as the register as provided in section 148 be open to inspection 66 any amendment of regulations referred to in sub-section (/) of section 63 shall amendment of regulations not be effective unless the amended regulations are filed with the registrar, and accepted and published by him in accordance with section 64 20 67 in a suit for infringement instituted by the registered proprietor of a collective mark as plaintiff the court shall take into account any loss suffered or likely to be suffered by authorised users and may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on behalf of such authorised infringement proceedings by registered proprietor of collective mark users 25 68 the registration of a collective mark may also be removed from the register on the ground— (a) that the manner in which the collective mark has been used by the proprietor or authorised user has caused it to become liable to mislead the public as additional grounds for removal of registration of collective mark, a collective mark; or 30 4 (b) that the proprietor has failed to observe, or to secure the observance of the regulations governing the use of the mark explanation i—for the purposes of this chapter, unless the context otherwise requires, "authorised user" means a member of an association authorised to use the registered collective mark of the association 35 explanation 1i1—for the purposes of this act, use of a collective mark by 'an authorised user referred to in explanation i shall be deemed to be the use by the registered proprietor thereof chapter ix certification trade marks40 69 the following provisions of this act shall not apply to certification trade marks, certain provisions of that is to say,— (a) clauses (a) and (c) of sub-section (/) of section 9; | this | act ||---------------|--------|| applicable | to || certification | || trade | marks |(b) section 18, 20 and 21, except as expressly applied by this chapter; (c) sections 28,29,30,41,42,47,48,49,50,52,54 and sub-section (2) of 45 section 56; (d) chapter xii, except section 107 registration of certification trade marks 70 a mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified or a trade of the provision of services of the kind certified applications 71 (1) an application for the registration of a mark as a certification trade mark § for registration of certification trade marks shall be made to the registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under section 74, (2) subject to the provisions of section 70, the provisions of sections 18, 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be construed as references to authorisation to proceed with an application (3) in dealing under the said provisions with an application under this section, the tribunal shall have regard to the like considerations, so far as relevant, as if the application 15 were applications under section 18 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark consideration 72 (1) the registrar shall consider the application made under section 71 with of application regard to the following matters, namely:— 20 (a) whether the applicant is competent to certify the goods in respect of which for registration by the registrar the mark is to be registered; (b) whether the draft of the regulations to be filed under section 74 is satisfactory; (c) whether in all the circumstances the registration applied for would be to 25 the public advantage, and may either— (i) refuse the application; or (ii) accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions 30 or limitations, or to any amendments or modifications of the application of of the regulations, which he thinks requisite having regard to any of the said matters (2) except in the case of acceptance and approval without modification and unconditionally, the registrar shall not decide any matter under sub-section (/) without 35 giving the applicant an opportunity of being heard 73, when an application has been accepted, the registrar shall, as soon as may be | opposition | to ||---------------|--------|| registration | of || certification | || trade | marks |thereafter, cause the application as accepted to be advertised in the prescribed manner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in relation to an application under section 18 4074, (1) there shall be filed at the trade marks registry in respect of every mark registered as a certification trade mark regulations for governing the use thereof, which | filing | of ||-------------|-------|| regulations | || governing | the || use | of |shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorise the use of the certification trade mark, and may contain any other provisions which the registrar may by general or special order, require or permit to 45 certificate trade mark be inserted therein (including provisions conferring a right of appeal to the registrar against any refusal of the proprietor to certify goods or to authorise the use of the certification trade mark in accordance with the regulations); and regulations so filed shall be open to inspection in like manner as the register as provided in section 148 (2) the regulations so filed may, on the application of the registered proprietor, be 50 altered by the registrar (3) the registrar may cause such application to be advertised in any case where it appears to him expedient so to do, and where he does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the registrar' shall not decide the matter without giving the parties an opportunity of being heard | infringement | of ||-----------------|--------|| certification | || trade | marks |75 the right conferred by section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorised by him in that behalf under the regulations filed under section 74, using it in accordance therewith, uses in the course of trade, a mark, which is identical with, or deceptively similar to the certification trade mark in relation to any goods or services in respert of which it is registered, and in such manner as to render the use of the mark likely to'be taken as being 10 a use as a trade mark 76 (1) notwithstanding anything contained in this act, the following acts do not constitute an infringement of the right to the use of a registered certification rade mark— | acts | not ||---------------|--------|| constituting | || infringement | of || certification | || trade | marks |(a) where a certification trade mark is registered subject to any conditions or limitations entered on the register, the use of any such mark in any mode, in relation 15 to goods to be sold or otherwise traded in any place, or in relation to goods to be exported to any market or in relation to services for use or available for acceptance in any place, country or territory or in any other circumstances, to which having regard to any such limitations, the registration does not extend; (b) the use of a certification trade mark in relation to goods or services certified 20 by the proprietor of the mark 'if, as to those goods or services or a bulk of which they form part, the proprietor or another in accordance with his authorisation under the relevant regulations has applied the mark and has not subsequently removed or obliterated it, or the proprietor, has at any time expressly or impliedly consented to the use of the mark; 25 (¢) the use of a certification trade mark in relation to goods or services adapted to form part of, or to be accessory to, other goods in relation to which the mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods or services are so adapted and neither the purpose nor the effect of 30 the use of the mark is to indicate otherwise than in accordance with the fact that the goods or services are certified by the proprietor (2) clause (b) of sub-section (/) shall not apply to the case of use consisting of the application of a certification trade mark to goods or services, notwithstanding that they are such goods or services as are mentioned in that clause if such application is contrary 35 to the regulations referred to in that clause (3) where a certification trade mark is one of two or more trade marks registered under this act, which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks 45 77 the registrar may, on the application in the prescribed manner of any person aggrieved and after giving the proprietor an opportunity of opposing the application, make such order as he thinks fit for expunging or varying any entry in the register to a certification trade mark, or for varying the regulations, on any of the following grounds, namely:— (a) that the proprietor is no longer competent, in the case of any of the goods or services in respect of which the mark is registered, to certify those goods or services; (b) that the proprietor has failed to observe any provisions of the regulations 50 to be observed on his part; (c) that it is no longer to the public advantage that the mark should remain registered: (d) that it is requisite for the public advantage that if the mark remains registered, the regulations should be varied 5 78 (1) subject to the provisions of sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark in respect of any goods or services shall, if valid, give to that person the exclusive right to the use of the mark in relation to those goods or services rights conferred by registration of certification trade marks (2) the exclusive right to the use of a certification trade mark given under sub-section (/) shall be subject to any conditions and limitations to which the registration 10 is subject chapter x special provisions for textile goodstextile goods 79 the central government may prescribe classes of goods (in this chapter referred 15 to as textile goods) to the trade marks used in relation to which the provisions of this chapter shall apply; and subject to the said provisions, the other provisions of this act shall apply to such trade marks as they apply to trade marks used in relation to other classes of goods 80 (1) in respect of textile goods being piece goods— | restriction | on ||----------------|--------|| registration | of || textile | goods |20 (a) no mark consisting of a line heading alone shall be registrable as a trade mark; (b) a line heading shall not be deemed to be capable of distinguishing; (c) the registration of trade mark shall not give any exclusive right to the use of a line heading 25 (2) in respect of any textile goods, the registration of letters or numerals, or any combination thereof, shall be subject to such conditions and restrictions as may be prescribed stamping of piece goods, cotton yarn and 30 63 of 1948 81 (1) piece goods, such as are ordinarily sold by length or by the piece, which have been manufactured, bleached, dyed, printed or finished in premises which are a factory, as defined in the factories act, 1948, shall not be removed for sale from the last thread of such premises in which they underwent any of the said processes without having conspicuously stamped in international form of indian numerals on each piece the length thereof in standard yards, or in standard yards and a fraction of such a yard, or in standard metres or in standard metres and a fraction of such a metre, according to the real length 35 of the piece, and, except when the goods are sold from the factory for export from india, without being conspicuously marked on each piece with the name of the manufacturer or of the occupier of the premises in which the piece was finally processed or of the wholesale purchaser in india of the piece, 40 (2) cotton yarn such as is ordinarily sold in bundles, and cotton thread, namely, sewing, darning, crochet or handicraft thread, which have been manufactured, bleached, dyed or finished in any premises not exempted by the rules made under section 82 shall not be removed for sale from those premises unless, in accordance with the said rules in the case of yarn— _ (a) the bundles are conspicuously marked with an indication of the weight of yarn in english or the metric system in each bundles; and 45(b) the count of the yarn contained in the bundles andin the case of thread each unit is conspicuously marked with the length or weight of thread in the unit and in such other manner as may be required by the said rules; and (c) except where the goods are sold from the premises for export from india, unless each bundle or unit is conspicuously marked with the name of the manufacturer or of the wholesale purchaser in india of the goods: provided that the rules made under section 82 shall exempt all premises where the work is done by members of one family with or without the assistance of not more than 5 tén other employees, and ali premises controlled by a co-operative society where not more than twenty workers are employed in the premises 82 (/) for the purposes of this act, the central government may make rules— determination of character of textile goods by sampling (a) to provide, with respect to any goods which purport or are alleged tobe of uniform number, quantity, measure, guage or weight, for the number of samples to 10 be selected and tested and for the selection of the samples; 15 (b) to provide, for the manner in which for the purposes of section 81 cotton yarn and cotton thread shall be marked with the particulars required by that section, and for the exemption of certain premises used for the manufacture, bleaching, dying or finishing of cotton yarn or cotton thread from the provisions of that section; and (c) declaring what classes of goods are included in the expression "piece goods such as are ordinarily sold by length or by the picce" for the purpose of section 81, of this act or clause (7) of sub-section (2) of section i of the customs s2 of 1962 769 act, 1962 (2) with respect to any goods for the selection and testing of samples of which provision is not made in any rules for the time being in force under sub-section (/), the court or officer of customs, as the case may be, having occasion to ascertain the number, quantity, measure, gauge or weight of the goods, shall, by order in writing, determine the number of samples to be selected and tested and the manner in which the samples are to 25 be selected (3) the average of the results of the testing in pursuance of rules under sub-section (/) or of an order under sub-section (2) shall be prima facie evidence of the number, quantity, measure, gauge or weight, as the case may be, of the goods 30 (4) if a person having any claim to, or in relation to, any goods of which samples have been selected and tested in pursuance of rules under sub-section (/), or of an order under sub-section (2), desires that any further samples of the goods be selected and tested, such further samples shall, on his written application and on the payment in advance by him to the court or officer of customs, as the case may be, of such sums for defraying the 35 cost of the further selection and testing as the court or officer may from time to time require, be selected and tested to such extent as may be permitted by rules made by the central government in this behalf or as, in the case of goods with respect to which provision is not made in such rules, the court or officer of customs may determine in the circumstances to be reasonable, the samples being selected in the manner prescribed under sub-section (/), or in sub-section (2), as the case may be 40 (5) the average of the results of the testing referred to in sub-section (3) and of the further testing under sub-section (4) shall be conclusive proof of the number, quantity, measure, gauge or weight, as the case may be, of the goods chapter xi appellate boardestablishment 83 the central government shall, by notification in the official gazette, establish an appellate board to be known as the intellectual property appellate board to exercise of appellate boardthe jurisdiction, powers and authority conferred on it by or under this act 84 (1) the appellate board shall consist of a chairman, vice-chairman and such number of other members, as the central government may, deem fit and, subject to the | composition ||----------------|| appellate || board |other provisions of this act, the jurisdiction, powers and authority of the appellate board may be exercised by benches thereof, (2) subject to the other provisions of this act, a bench shall consist of one judicial member and one technical member and shall sit at such place as the central government may, by notification in the official gazette, specify (3) notwithstanding anything contained in sub-section (2), the chairman— 10 (a) may, in addition to discharging the functions of the judicial member or technical member of the bench to which he is appointed, discharge the functions of the judicial member or, as the case may be, the technical member, of any other bench; (b) may transfer a member from one bench to another bench; 15 (c) may authorise the vice-chairman, the judicial member or the technical member appointed to one bench to discharge also the functions of the judicial member or the technical member, as the case may be, of another bench (4) where any benches are constituted, the central government may, from time to time, by notification, make provisions as to the distributian of the business of the appellate board amongst the benches and specify the matters which may be dealt with by each bench 20 (5) if any question arises as to whether any matter falls within the purview of the business allocated to a bench, the decison of the chairman shall be final explanation— for the removal of doubts, it is hereby declared that the expression "matter" includes an appeal under section 91 25 (6) if the members of a bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such'point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it 30 qualifications 85 (1) a person shall not be qualified for appointment as the chairman unless he— for appointment (a) is, or has been, a judge of a high court; or as chairman, vice-chairman, (b) has, for at least two years, held the office of a vice-chairman or other members(2) a person shall not be qualified for appointment as the vice-chairman, unless he— 35 (a) has, for at least two years, held the office of a judicial member or a technical member; or (b) has been a member of the indian legal service and has held a post in grade i of that service or any higher post for at least five years 40 (3) a person shall not be qualified for appointment as a judicial member, unless he— (a) has been a member of the indian legal service and has held the post in grade i of that service for at least three years; or (b) has, for at least ten years, held a civil judicial office 45 (4) a person shall not be qualified for appointment as a technical member, unless he— (a) kas, for at least ten years, exercised functions of a tribunal under this act or under the trade and merchandise marks act, 1958, or both, and has held a post 43 of 1958 not lower than the post of a joint registrar for at least five years; or (b) has, for at least ten years, been an advocate of a proven specialised experience in trade mark law (5) subject to the provisions of sub-section (6), the chairman, vice-chairman and every other member shall be appointed by the president of india - (6) no appointment of'a person as the chairman shall be made except after consultation with the chief justice of india term of office 86 the chairman, vice-chairman or other members shall hold office as such for 10 a term of five years from the date on which he enters upon his office or until he attains, - | of | chairman, ||---------------|--------------|| vice-chairman | || and | other || members | |(a) in the case of chairman and vice-chairman, the age of sixty-five years; and \ (b) in the case of a member, the age of sixty-two years, whichever is earlier 15 vice-chairman 87 (1) in the event of or any vacancy in the office of the chairman by reasons of or senior-most member to act his death, resignation or otherwise, the vice-chairman and in his absence the seniormost member shall act as chairman until the date on which a new chairman, appointed in accordance with the provisions of this act to fill such vacancy, enters,upon his office 20 as chairman or discharge his functions in certain circumstances, (2) when the chairman is unable to discharge his functions owing to his absence, illness or any other cause, the vice-chairman and in his absence the senior-most member shall discharge the functions of the chairman until the date on which the chairman resumes his duty salaries, allowances and 25 88 (/)the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the chairman, vice- chairman and other members shall be such as may be prescribed | other | terms ||---------------|----------|| conditions | of || service | of || chairman, | || vice-chairman | |(2) notwithstanding anything contained in sub-section (/), a person who, immediately before the date of assuming office as the chairman, vice-chairman or other member was in service of government, shall be deemed to have retired from service on the date on which he enters upon office as the chairman, vice-chairman or other member and other members 30 resignation and removal 89 (1) the chairman, vice-chairman or any other member may, by notice in writing under his hand addressed to the president of india, resign his office: provided that the chairman, vice-chairman or any other member shall, unless he 35 is permitted by the president of india to relinquish his-office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier 40 (2) the chairman, vice-chairman or any other member shall not be removed from his office except by an order made by the president of india on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court in which the chairman, vice-chairman or other member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges 45(3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairman, vice-chairman or other member referred to in sub-section (2) staff of appellate board 90 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the appellate board in the discharge of its functions and provide the appellate board with such officers and other employees as it may think fit (2) the salaries and allowances and conditions of service of the officers and other employees of the appellate board shall be such as may be prescribed (3) the officers and other employees of the appellate board shall discharge their functions under the general superintendence of the chairman in the manner as may be prescribed | appeals ||------------|| appellate || board |91 (1) any person aggrieved by an order-er decision of the registrar under this act, or the rules made thereunder may prefer an appeal to the appellate board within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal 10 (2) no appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (/): provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the appellate board that he had sufficient cause for not preferring the appeal within the specified period (3) an appeal to the appellate board shall be in the prescribed form and shall be 15 verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed 5 of 1908 92 (1) the appellate board shall not be bound by the procedure laid down in the code of civil procedure, 1908 but shall be guided by principles of natural justice and subject to such provisions of this act and the rules made thereunder, the appellate board 20 | procedure | and ||--------------|--------|| powers | of || appellate | || board | |shall have powers to regulate its own procedure including the fixing of places and times of its hearing (2) the appellate board shall have, for the purpose of discharging its functions 5 of 1908 under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:— 25 (a) receiving evidence; (b) issuing commissions for examination of witnesses; (c) requisitioning any public record; and (d) any other matter which may be prescribed 30 45 of 1860 (3) any proceeding before the appellate board 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 code, and the appellate board shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 ; 2of 1974 35 bar of jurisdiction of 93 no court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (/) of section 91 courts, etc 94, on ceasing to hold office, the chairman, vice-chairman or other members shall not appear before the appellate board or the registrar | bar | to ||------------|-------|| before | || appellate | || board | || conditions | as |95 notwithstanding anything contained in any other provisions of this act or in any other law for the time being in force, no interim order (whether by way of injunction 40 to making of interim ordersor stay or any other manner) shall be made on, or in any proceedings relating to, an appeal unless— (a) copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made; and 45 (b) opportunity is given to such party to be heard in the matter | power | of ||----------|-------|| chairman | to || transfer | cases || from | one |96 on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairman may transfer any case pending before one bench, for disposal, to any other bench to another 97 (j) an application for rectification of the register made to the appellate board under section 57 shall be in such form as may be prescribed | procedure | for ||----------------|--------|| application | for || rectification, | |(2) a certified copy of every order or judgment of the appellate board relating to | etc, ||-----------|| appellate || board |a registered trade mark under this act shall be communicated to the registrar by the board and the registrar shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order, 10 98 (1) the registrar shall have the right to appear and be heard— | appearance | of ||---------------|--------------|| registrar | in || legal | || proceedings | || (a) | in || sought | includes || relating | to || (6) | in || 15 | || for | registration || (i) | which || registrar | or || conditions | or || 20 | || (ii) | which || appearance | is || and | the || 25 | |(2) unless the appellate board otherwise directs, the registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the trade marks registry in like cases, or of other matters relevant to the issues and within his knowledge as registrar, and such statement shall be evidence in the proceeding costs of reg- 30 99, in all proceedings under this act before the appellate board the costs of the registrar shall be in the discretion of the board, but the registrar shall not be ordered to pay the costs of any of the parties | istrar | in ||-------------|-----------|| proceedings | || before | appellate || board | |100 all cases of appeals against any order or decision of the registrar and all cases pertaining to rectification of register, pending before any high court, shall be transferred to the appellate board from the date as notified by the central government in 35 the official gazette and the appellate board may proceed with the matter either de novo | transfer | of ||-------------|-------|| pending | || proceedings | to || appellate | || board, | |or from the stage it was so transferred chapter xii offences, penalties and procedure101 (1) aperson shall be deemed to apply a trade mark or mark or trade description to goods or services who— | meaning | of ||---------------|---------|| applying | trade || marks | and || (a) | applies || descriptions | || (b) | applies || for sale, | or |(c) places, encloses or annexes any goods which are sold, or exposed for 45sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or (d) uses a trade mark or mark or trade description in any manner reasonably likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade mark or mark or trade description; or (e) in relation to the goods or services uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used (2) a trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise workedinto, or annexed or affixed to, 10 the goods or to any package or other thing 102 (1) a person shall be deemed to falsify a trade mark who, either— (a) without the assent-of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; or 15 (b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise (2) a person shall be deemed to falsely apply to goods or services a trade mark who, without the assent of the proprietor of the trade mark,— (a) applies such trade mark or a deceptively similar mark to goods or services or any package containing goods; 20 (b) uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trade mark 25 (3) any trade mark falsified as mentioned in sub-section (/) or falsely applied as mentioned in sub-section (2), is in this act referred to as a false trade mark (4) in any prosecution for falsifying a trade mark or falsely applying a trade mark to goods or services, the burden of proving the assent of the proprietor shall lie on the accused, 30 103 any person who— (a) falsifies any trade mark; or | penalty | for ||------------|--------|| applying | false || trade | marks, |(b) falsely applies to goods or services any trade mark; or trade descriptions, etc(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark; or 35 (d) applies any false trade description to goods or services; or (e) applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address; or 40 (f) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139; or (g) causes any of the things above-mentioned in this section to be done, 45 shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees penalty for selling goods or providing services to which false trade mark or 104 any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things, or provides or hires services, to which any false trade mark or false trade description is applied or which, being required under section 139 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or services provided, as the case may be, are without the indications so required, shall, unless he proves,— 10 false trade description is applied (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods or services; or 15 (b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services; or (c) that otherwise he had acted innocently, 20 be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees 25 105 whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and penalty on second or subsequent conviction for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: 30 provided that the court may, for adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this act 106 if any person removes or attempts to remove or causes or attempts to cause to 35 penalty for removing piece be removed for sale from any premises referred to in section 81 or sells or exposes for | goods, | etc, ||-----------|----------|| contrary | to || section | 81 |sale or has in his possession for sale or for any purpose of trade or manufacture piece goods or cotton yarn or cotton thread which is not marked as required by that section, every such piece and every such bundle of yarn and all such thread and everything used 40 for the packing thereof shall be forfeited to government and such person shall be punishable with fine which may extend to one thousand rupees 107 (1) no person shall make any representation— penalty for (a) with respect to a mark, not being a registered trade mark, to the effect falsely representing a that it is a registered trade mark; or | trade ||-------------|| registered || 45 |(b) with respect to a part of a registered trade mark, not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark; or (c) to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not in fact registered; or (d) to the effect that registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitation entered on the register, the registration does not in fact give that right (2) if any person contravenes any of the provisions of sub-section (/), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both (3) for the purposes of this section, the use in india in relation to a trade mark of the word "registered", or of any other expression, symbol or sign referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the 10 register, except— (a) where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside india being a country under the law of which the registration referred to is 15 in fact in force; or (b) where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or (c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside india and 'in relation solely to goods to be exported 20 to that country or in relation to services for use in that country 108 if any person uses on his place of business, or on any document issued by him, or otherwise, words which would'reasonably lead to the belief that his place of business is, or is officially connected with, the trade marks office, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both 25 | penalty | for | im- ||---------------|---------|--------|| properly | descri- | || bing | a | place || business | as | || connected | with | || the | trade | marks || office | | || penalty | for | || falsification | of | |109 if any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders entries in the register or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both 36 no offence in 110 the provisions of sections 102, 103, 104 and 105 shall, in relation to a registered certain cases trade mark or proprietor of such mark, be subject to the rights created or recognised by this act and no act or omission shall be deemed to be an offence under the aforesaid sections if,— (a) the alleged offence relates to a registered trade mark and the act or omission 35 is permitted under this act; and (b) the alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time being in force 111 (j) where a person is convicted of an offence under section 103 or section 104 forfeiture of goodsor section 105 or is acquitted of an offence under section 103 or section 104 on proof that 40 he acted without intent to defraud, or under section 104 on proof of the matters specified in clause (a), clause (b) or clause (c) of that section, the court convicting or acquitting him may direct the forfeiture to government of all goods and things by means of, or in relation to, which the offence has been committed, or but for such proof as aforesaid would have been committed 45 (2) when a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also (3) when a forfeiture is directed on acquittal and the goods or things to which the direction relates are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the court to which in appealable cases appeals lie from sentences of the court which directed the forfeiture (4) when a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit 112 where a person accused of an offence under section 103 proves— exemption of certain persons employed in ordinary course 10 of business (a) that in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade descriptions, or as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making, trade marks; and (b) that in the case which is the subject of the charge he was so employed, 15 and was not interested in the goods or other thing by way of profit or commission dependent on the sale of such goods or providing of services, as the case may be; and - (c) that, having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description; and 20 (d) that, on demand made by or on behalf of the prosecutor, he gave all the ° information in his power with respect to the persons on whose behalf the trade mark or trade description was applied, he shall be acquitted 113 (/) where the offence charged under section 103 or section 104 or section 105 25 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:-— (a) if the court is satisfied that such defence is prima facie tenable, it shall procedure where invalidity of registration is pleaded by the accused not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the appellate board under this act, for the rectification of 30 the register on the ground that the registration is invalid (b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification 35 (c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the appellate board for rectification of the register, the court shall proceed with the case as if the registration were valid 40 (2) where before the institution of a complaint of an offence referred to in subsection (/), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the tribunal, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification 45 in so'far as the complainant relies upon the registration of his mark 114 (7) if the person committing an offence under this act is a company, the company offences by companies - as well as every person in charge of, and responsible to, the company for the conduct of its 50business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (/), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence 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 10 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 115 (1) no court shall take cognizance of an offence under section 107 or section 15 cognizance of certain offences and the powers 108 or section 109 except on complaint in writing made by the registrar or any officer authorised by him in writing: provided that in relation to clause (c) of sub-section (/) of section 107, a court of police officer for search and shall take cognizance of an offence on the basis of a certificate issued by the registrar to seizure 20 the effect that a registered trade mark has been represented as registered in respect of any goods or services in respect of which it is not in fact registered & (2) no court inferior to that of a metropolitan magistrate or judicial magistrate of the first class shall try an offence under this act (3) the offences under section 103 or section 104 or section 105 shall be cognizable 25 (4) any police officer not below the rank of 'deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub-section (3) has been, is being, or is likely to be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before a judicial magistrate of the first class or metropolitan magistrate, as the case may 30 be: provided that the police officer, before making any search and seizure, shall obtain the opinion of the registrar on facts involved in the offence relating to trade mark and shall abide by the opinion so obtained 35 (5) any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the judicial magistrate of the first class or metropolitan magistrate, as the case may be, for such article being restored to him and the magistrate, after hearing the applicant and the prosecution, shall make such order on the application as he may deem fit 116 in the case of goods brought into india by sea, evidence of the port of shipment 40 shall, in a prosecution for an offence under this act or under clause (b) of section 112 of evidence of origin of goods imported by 52 of 1962 sea the customs act, 1962, relating to confiscation of goods under clause (d) of section ii! and notified by the central government under clause (n) of sub-section (2) of section 11 of the said act for the protection of trade marks relating to import of goods, be prima facie evidence of the place or country in which the goods are made or produced 45 117, in any prosecution under this act, the court may order such costs to be paid costs of defence or prosecutionby the accused to the complainant, or by the complainant to the accused, as the court deemed reasonable having regard to all the circumstances of the case and the conduct of the parties and the costs so awarded shall be recoverable as if they were a fine | limitation | of ||---------------|-------|| prosecution | || 118 | no || 112 | of || 52 | of |section 111 and notified by the central government under clause (n) of sub-section (2) of section 11 of the said act for the protection of trade marks, relating to import of goods shall be commenced after expiration of three years next after the commission of the offence charged, or two years after the discovery thereof by the prosecutor, whichever expiration first-happens | | | | | | | | | | | | | | | information | as ||------|------------|---------|----|-----|------------|-------|------|----|----|----|------|------|----|----------------|-------------|| 119 | an | officer | of | the | government | whose | duty | it | is | to | take | part | in | the | enforcement || to | commission | | | | | | | | | | | | | | || of | offence | | | | | | | | | | | | | | |of the provisions of this chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this act 10 punishment of abetment in india of acts done out of 120 if any person, being within india, abets the commission, without india, of any act which, if committed in india, would, under this act, be an offence, he may be tried for such abetment in any place is india is which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in india that place the act which he abetted 15 121 the central government may, by notification in the official gazette, issue instructions for the limits of variation, as regards number, quantity, measure, gauge or weight which are to be recognised by criminal courts as permissible in the case of any goods | instructions | of ||-----------------|---------|| central | govern- || ment | as || permissible | || variation | to || observed | by || criminal | courts, || 20 | | chapter xiii miscellaneous122 no suit or other legal prceedings shall lie against any person in respect of protection of anything which is in good faith done or intended to be done in pursuance of this act | action | taken | in ||-----------|----------|--------|| good | faith | || certain | persons | || 25 | | || to | be | public || servants | | |123 every person appointed under this act and every member of the appellate board shall be deemed to be a public servant within the meaning of section 2! of the indian penal code 45 of 1860 stay of 124, (1) where in any suit for infringement of a trade mark— (a) the defendant pleads that registration of the plaintiff 's trade mark is invalid; where the validity of or registration of the trade mark 30 is questioned, etc (b) the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plantiff pleads the invalidity of registration of the defendant's trade mark, the court trying the suit (hereinafter referred to as the court), shall,— (i) if any proceedings for rectification of the register in relation to the plaintiff's or defendant's trade mark are pending before the registrar or the appellate board, , 35 stay the suit pending the final disposal of such proceedings; (ii) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plantiffs or defendant's trade mark is prima facie tenable, raise an issue regarding the same and adjourn,the case 40 for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the appellate board for rectification of the register (2) if the party concerned proves to the court that he has made any such application as is referred to in clause (b) (ii) of sub-section (/) within the time specified therein or 45within 'such extended time as the court may for sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification proceedings (3) if no such application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the trade mark concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case (4) the final order made in any rectification proceedings referred to in sub-section (1) or sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far as it relates to the issue as to the validity of the registration of the trade mark' (5) the stay of a suit for the infringement of a trade mark under this section shall not preclude the court from making any interlocutory order (including any order granting 10 an injunction, directing account to be kept, appointing a receiver or attaching any property), during the period of the stay of the suit 125, (1) where in a suit for infringement of a registered trade mark the validity of application for rectification of the registration of the plaintiff's trade mark is questioned by the defendant or where in 15 | register | to ||-------------|--------|| made | to || appellate | || board | in || certain | cases |any such suit the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff questions the validity of the registration of the defendant's trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47 or section 57,such application shall be made to the appellate board and not to the registrar 20 (2) subject to the provisions of sub-section (/), where an application for rectification of the register is made to the registrar under section 47 or section 57, the registrar may, if he thinks fit, refer the application at any stage of the proceedings to the appellate board 25 implied warranty on 126 where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, sale of marked goods or that the trade description is not a false trade description within the meaning of this act unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of goods or providing of services on contract to and accepted by the 30 buyer 127 in all proceedings under this act before the registrar,— powers of registrar (a) the registrar shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions 35 for the examination of witnesses; (b) the registrar may, subject to any rules made in this behalf under section 157, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil court: 40 provided that the registrar shall have no power to award costs to or against any party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or provision of services or to authorise the use of the mark; (c) the registrar may, on an application made in the prescribed manner, review his own decision 45 128 subject to the provisions of section 131, the registrar shall not exercise any discretionary or other power vested in him by this act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by | exercise | of ||---------------|-------|| discretionary | || power | by || registrar | |that person within the prescribed time) giving to the person an opportunity of being heard 50 evidence before 129 in any proceeding under this act before thé registrar, evidence shall be given by affidavit: registrar provided that the registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit death of party to a proceeding 130 if a person who is a party to a proceeding under this act (not being a proceeding before the appellate board or a court) dies pending the proceeding, the registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor 10 in interest extension of time 131 (j) if the registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in this act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit 15 to impose, extend the time and inform the parties accordingly (2) nothing in sub-section (/) shall be deemed to require the registrar to hear the parties before disposing of an application for extension of time, and n appeal shall lie from any order of the registrar under this section 20 abandonment 132 where, in the opinion of the registrar, an applicant is in default in the prosecution of an application filed under this act or any act relating to trade marks in force prior to the commencement of this act, the registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice 25 preliminary advice by the registrar as to 133 (1) the registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark, give advice as to whether the trade matk appears to him prima facie to be distinctive distinctiveness (2) if, on an application for the registration of a trade mark as to which the registrar 30 has given advice as aforesaid in the affirmative made within three months after the advice was given, the registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the trade mark is not distinctive, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application 134, (7) no suit— 35 suit for infringement, (a) for the infringement of a registered trade mark; or (b) relating to any right in a registered trade mark; or etc, to be instituted before district court (c) for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered, 40 shall be instituted in any court inferior to a district court having jurisdiction to try the suit 45 5 of 1908,(2) for the purpose of clauses (a) and (b) of sub-section (/), a "district court having jurisdiction" shall, notwithstanding anything contained in the code of civil procedure, 1908 or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the syit or other proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on bustness or personally works for gain explanation—for the purposes of sub-section (2), "person" includes the registered proprietor and the registered user relief in suits 135 (1) the relief which a court may grant in any suit for infringement or for passing off referred to in section 134 includes injunction (subject to such terms, if any, as for infringement or for passing off the court thinks fit) and at the option of the plaintiff, either damages or an account of profits, together with or without any order for the delivery-up of the infringing labels and marks for destruction or erasure (2) the order of injunction under sub-section (/) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:— (a) for discovery of documents; 10 (b) preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit; (c) restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff's ability to recover damages, costs or 15 other pecuniary remedies which may be finally awarded to the plaintiff, (3) notwithstanding anything contained in sub-section (/), the court shall not grant relief by way of damages (other than nominal damages) or on account of profits in any case-— (a) where in a suit for infringement of a trade mark, the infringement complained n relation to a certification trade mark or collective mark; or of is i 20 (b) where in a suit for infringement the defendant satisfies the court— (2) that at the time he commenced to use the trade mark complained of in the suit, he was unaware and had no reasonable ground for believing that 25 the trade mark of the plaintiff was on the register or that the plaintiff was a registered user using by way of permitted use; and (ii) that when he became aware of the existence and nature of the plaintiff's right in the trade mark, he forthwith ceased to use the trade mark in relation to goods or services in respect of which it was registered; or (c) where in a suit for passing off, the defendant satisfies the court— (i) that at the time he commenced to use the trade mark complained of 30 in the suit he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was in use; and (ii) that when he became aware of the existence and nature of the plaintiff's trade mark he forthwith ceased to use the trade mark complained of 35 1) in every proceeding under chapter vii or under section 91, every registered 136 ( registered user to be impleaded in user of a trade mark using by way of permitted use, who is not himself an applicant in respect of any proceeding under that chapter or section, shall be made a party to the proceeding certain proceedings (2) notwithstanding anything contained in any other law, a registered user so made 40 a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding evidence of entries in 45 137 (1) a copy of any entry in the register or of any document referred to in subsection (1) of section 148 purporting to be certified by the registrar and sealed with the seal of the trade marks registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original | | register, | etc, ||------------|--------------|----------|| and | things | done || by | the | || registrar | | |(2) a certificate purporting to be under the hand of the registrar as to any entry, matter or thing that he is authorised by this act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not donc ¢ registrar and other officers138, the registrar or any officer of the trade marks registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production not compellable to produce register, etc of a certified copy issued under this act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special cause 10 power to require goods to show indication of 139 (/) the central government may, by notification in the official gazette, require tnat goods of any class specified in the notification which are made or produced beyond the limits of india and imported into india, or, which are made or produced within the limits of india, shall, from such date as may be appointed by the notification origin 15 not being less than three months from its issue, have applied to them an indication of the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured (2) the notification may specify the mannef in which such indicationshall be applied that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is 10 say, whether on importation only, or also at the time of sale, whether by wholgsale or retail or both 201 (3) no notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the central government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry, as the central government may consider necessary 25 10 of 1897 (4) the provisions of section 23 of the general clauses act, 1897 shall apply to the issue of a notification under this section as they apply to the making of a rule or bye-law the making of which is subject to the condition of previous publication, (5) a notification under this section shall not apply to goods made or produced beyond the limits of india and imported into india, if in respect of those goods, the commissioner of customs is satisified at the time of importation that they are intended for exportation whether after transhipment in or transit through india or otherwise 140 (1) the proprietor or a licensee of a registered trade mark may give notice in writing to the collector of customs to prohibit the importation of any goods if the import of the said goods constitute infringement under clause (c) of sub-scction (6) of section 29, 35 (2) where goods, which are prohibited to be imported into india by notification of power to require information of imported goods bearing false trade marks 52 of 1962 40 the central government under clause (1) of sub-section (2) of section 11 of the customs act, 1962, for the protection of trade marks, and are liable to confiscation on importation under that act, are imported into india, the commissioner of customs if, upon representation made to him, he has reason to believe that the trade mark complained of is used as a false trade mark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to india and the name and address of thé person to whom the goods were sent in india 45 (3) the importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be punishable with fine which may extend to five hundred rupees 50(4) any information obtained from the importer of the goods or his agent under this section may be communicated by the comniissioner of customs to the registered proprietor or registered user of the trade mark which is alleged to have been used as a false trade mark certificate of validity, 141, if in any legal proceeding for rectification of the register before the appellate board a decision is on contest given in favour of the registered proprietor of the trade mark on the issye as to the validity of the registration of the trade mark, the appellate board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor on obtaining a final order or judgment in his favour affirming validity of the registration of the trade mark shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client 10 groundless threats of legal proceedings 142 (1) where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a trade mark which is registered, or alleged by the first-mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not the registered proprietor or the registered user of the trade mark, bring a suit against 15 the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats and may recover such damages (if any) as he has sustained, unless the first-mentioned person satisfies the court that the trade mark is registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the trade mark, 20 (2) the last preceding sub-section does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of sub-section (/) of section 52 with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark 25 (3) nothing in this section shall render a legal practitiorier or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client (4) a suit under sub-section (/) shall not be instituted in any court inferior to a district court 143 an address for service stated in an application or notice of opposition shall for 30 address for service the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be trade usages, 144, in any proceeding relating to a trade mark, the tribunal shall admit evidence 35 etc, to be taken into consi- of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used by other persons deration agents 145 where, by or under this act, any act, other than the making of an affidavit, is required to be done before the registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised 40 in the prescribed manner, who is— (a) a legal practitioner, or (b) a person registered in the prescribed manner as a trade marks agent, or (c) a person in the sole and regular employment of the principal 45 marks registered by an agent or representative without authority146 if an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation' or rectification of the register so as to bring him as the registered proprietor of the said mark by assignment in his favour: provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming: aware of the conduct of the agent or representative 147 there shall be kept under the direction and supervision of the registrar— (a) an index of registered trade marks, (6) an index of trade marks in respect of which applications for registration are pending, (c) an index of the names of the proprietors of registered trade marks, and (d) an index of the names of registered users 148 (/) save as otherwise provided in sub-section (4) of section 49,— documents open to public inspection 10 (a) the register and any document upon which any entry in the register is based; (@) every notice of opposition to the registration of a trade mark application for rectification before the registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the registrar; 15 (c) all regulations deposited under section 83 or section 74, and all applications under section 66 or section 77 for varying such regulations; (d) the indexes mentioned in section 147; and (e) such other documents as the central government may, by notification in the official gazette, specify; 20 shall, subject to such conditions as may be prescribed, be open to public inspection at the trade marks registry: provided that when such register is maintained wholly or pgrtly on computer, the inspection of such register under this section shall be made by inspecting the computer print out of the relevant entry in the register so maintained on computer, (2) any person may, on an application to the registrar and on payment of such 25 fees as may be prescribed, obtain a certified copy of any entry in the register ¢ or any document referred to in sub-section (/) 149 the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution by or under the registrar of this act | | reports | of ||-------------|------------|-------|| registrar | to | be || placed | before | || parliament | | || 30 | | || fees | and | || surcharge | | |150 (1) there shall be paid in respect of applications and registration and other matters under this act such fees and surcharge as may be prescribed by the central government (2) where a fee is payable in respect of the doing of an act by the registrar, the registrar shall not do that act until the fee has been paid 35 (3) where a fee is payable in respect of the filing of a document at the trade marks registry, the document shall be deemed not to have been filed at the registry until the fee has been paid 151 nothing in chapter xii shall— (a) exempt any person from any suit or other proceeding which might, but savings in respect of certain matters for anything in that chapter, be brought against him, or in chapter xh 40 (b) entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or other proceeding, but such discovery or answer shall not be admissible in evidence against such person in any such prosecution for an offence under that chapter or against clause (h) of section 112 of the customs act, 1962 relating to confiscation of goods under clause (d) of 45 section i11 of that act and notified by the central government under clause (n) of sub-section (2) of section 11 thereof for the protection of trade marks relating to import of goods, or (c) be construed so as to render liable to any prosecution or punishment any servant of a master resident in india who in good faith acts in dbedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master and as to the instructions which he has received from his master declaration as to ownership 152, notwithstanding anything contained in the registration act, 1908, no document declaring or purporting to declare the ownership or title of a person to a trade 16 of 1908 mark other than a registered trade mark shall be registered under that act of trade mark not registrable under the registration act, 1908, 153 the provisions of this act shall be binding on the government government to be bound special provisions 10 154 (/) with a view to the fulfilment of a treaty, convention or arrangement with any country or country which is a member of a group of countries or union of countries or inter-governmental organisation outside india which affords to citizens of india similar privileges as granted to its own citizens, the central government may, by notification in the official gazette, declare such country or group of countries or union of countries, or relating to applications for registration from citizens of convention countries 15 countries of the inter-governmental organisation to be a convention country or group of countries or union of countries, or inter-governmental organisation as the case may be, for the purposes of this act : (2) where a person has made an application for the registration of a trade mark in a convention country or country which is a member of a group of countries or union of 20 countries and that person, or his legal representative or assignee, makes an application for the registration of the trade mark in india within six months after the date on which the application was made in the convention country, or country which is a member of a group of countries or union of countries the trade mark shall, if registered under this act, be registered as of the date on which the application was made in the convention country 25 or country which is a member of a group of countries or union of countries and that date shall be deemed for the purposes of this act to be the date of registration (3) where applications have been made for the registration of a trade mark in two or more convention countries, or group of countries or union of countries the period of six months referred to in the last preceding sub-section shall be reckoned from the date 30 on which the earlier or earlicst of those applications was made (4) nothing in this act shall entitle the proprietor of a trade mark to recover damages for infringement which took place prior to the date of application for registration under this act 155 where any country or country which is a member of a group of countries or provision as to reciprocity 35 union of countries specified by the central government in this behalf by notification' in the official gazette does not accord to citizens of india the same rights in respect of the registration and protection of trade marks as it accords to its own nationals, no national of such country or country which is a member of a group of countries or union of countries or inter-governmental organisation, as the case may be, shall be entitled, either solely 40 or jointly with any other person,— (a) to apply for the registration of, or be registered as the proprietor of, a trade mark; (b) to be registered as the assignee of the proprietor of a registered trade mark; or 45 (c) to apply for registration or be registered as a registered user of a trade mark under section 49 - oy power of 156, (/) if any difficulty arises in giving effect to the provisions of this act, the central government may; by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing central government to remove difficulties50 the difficulty: provided that no order shall be made under this section after the expiry of five years from the commencement of this act (2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament power to make 157, (1) the central government may, by notification in the official gazette and rules subject, to the condition of previous publication, make rules to carry out the provisions of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (i) the matters to be included in the register of trade marks under sub- 10 section (j) of section 6, and the safeguards to be observed in the maintenance of records on computer floppies or diskettes or in any other electronic form under sub-section (2) of that section; (ii) the manner of publication of alphabetical index of classification of goods and services under sub-section (/) of section 8; (iii) the manner in which the registrar may notify a word as an international non-proprietary name under section 13; (iv) the manner of making an application for dissolution of an association under sub-section (5) of section 16; 20 (v) the manner of making an application for registration of a trade mark under sub-section (/) of section 18; (vi) the manner of advertising of an application for registration under subsection (/), and the manner of notifying corrections or amendments under subsection (2), of section 20; 25 (vii) the manner of making an application and the fee payable for such application giving notice under sub-section (/) and sending counter-statements under sub-section (2) and submission of evidence and the time therefor sulpsection (4) of section 2]; , 30 (viii) the form of certificate of registration under sub-section (2), and the manner of giving notice to the applicant under sub-section (3) of section 23; (ix) the forms of application for renewal and restoration the time within which such application is to be made and fee and surcharge if any payable with each application, under section 25 and the time within which the registrar shall send a notice and the manner of such notice under sub-section (3) of that section; (x) the manner of submitting statement of cases under sub-section (2) of section 35 40; (xi) the manner of making an application by the proprictor of a trade mark under section 41; (xii) the manner of making an application for assignment or transmission of 40 a certification trade mark under section 43; (xiii) the manner of making an application to the registrar to register title under sub-section (/) of section 45, (xiv) the manner in which and the period within which an application is to be made under sub-section (4) of section 46; (xv) the manner of marking an application under sub-section (2) of 45section 47; (xvi) the manner of making an application, documents and other evidence to accompany such application under sub-section (/) and the manner in which notice is to be issued under sub-section (3) of section 49; (xvii) the manner of making an application under sub-section (/), the manner of issuing a notice under sub-section (2) and the procedure for cancelling a registration under sub-section (3) of section 50; (xviii) the manner of making applications under sub-sections (/) and (2), the manner of giving notice under sub-section (4) and the manner of service of notice of rectification under sub-section (5) of section 57; (xix) the manner of making an application under section 58; (xx) the manner of making an application under sub-section (/), the manner of advertising an application, time and manner of notice by which application may be opposed under sub-sections (2) and (3) of section 59; 10 (xxi) the manner of advertisement under sub-secion (2) of section 60; (xxii) the other matters to be specified in the regulations under sub-section (2) of section 63; (xxiii) the manner of making an application under sub-section (/) of section 71; 15 (xxiv) the manner of advertising an application under section 73; (xxiv) the manner of making an application under section 77; (xxv) the classes of goods under section 79; (xxvi) the conditions and restrictions under sub-section (2) of section 80; 20 (xxvii) determination of character of textile goods by sampling under section 82; (xxix) the salaries and allowances payable and other terms and conditions of service of the chairman, vice-chairman and other members under sub-section (/) of section 88; 25 (xxx) the procedure for investigation of misbehaviour or incapacity of the chairman, vice-chairman and other members under sub-section (3) of section 89; (xxxi) the salaries and allowances and other conditions of service of the officers and other employees of the appellate board under sub-section (2) and the manner in which the officers and other employees of the appellate board shall discharge their functions under sub-section (3) of section 90; 30 (xxxii) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 91; (xxxiii) the form in which and the particulars to be included in the application to the appellate board under sub-section (/) of section 97; 35 (xxxiv) the manner of making an application for review under clause (c) of section 127; (xxxv) the time within which an application is to be made to the registrar for exercising his discretionary power under section 128; (xxxvi) the manner of making an application and the fee payable therefore under sub-section (/) of section 131; (xxxvii) the manner of making an application under sub-section (/) and the period for withdrawal of such application under sub-section (2) of section 133; (xxxviii) the manner of authorising any person to act and the manner of registration as a trade mark agent under section 145; (xxxix) the conditions for inspection of documents under sub-section (/) and 45 the fee payable for obtaining a certified copy of any entry in the register under subsection (2) of section 148;(xl) the fees and surcharge payable for making applications and registration and other matters under section 150; (xli) any other matter which is required to be or may be prescribed (3) the power to make rules conferred by this section shall include the power to give retrospective effect in respect of the matters referred to in clauses (xix) and (xxxi) of § sub-section (2) from a date not earlier than the date of commencement of this act, but no retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom sub-rule may be applicable (4) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session 19 for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 15 that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule amendments 158 the enactment specified in the schedule shall be amended in the manner specified therein 159, (1) the trade and merchandise marks act, 1958 is hereby repealed 20 43 of 1958 repeal and savings (2) without prejudice to the provisions contained in the general clauses act, 1897, —_10 of 1897 with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the trade and merchandise marks act, 1958 shall, if in force at the commencement of this act, continue to be in force and 25 4 43 of 1958 have effect as if made, issued, given or done under the corresponding provisions of this act (3) the provisions of this act shall apply to any application for registration of a trade mark pending at the commencement of this act and to any proceedings consequent thereon and to any registration granted in pursuance thereof 30 (4) subject to the provisions of section 100 and notwithstanding anything contained in any other provision of this act, any legal proceeding pending in any court at the commencement of this act may be continued in that court as if this act had not been passed (5) notwithstanding anything contained in this act, where a particular use of a 35 registered trade mark is not an infringement of a trade mark registered before the commencement of this act then the continued use of that mark shall not be an infringement under this act (6) notwithstanding anything contained in sub-section (2), the date of expiration of registration of a trade mark registered before the commencement of this act shall be 40 the date immediately after the period of seven years for which it was registered or renewed: provided that the registration of a defensive trade mark referred to in section 47 of the trade and merchandise marks act, 1958 shall cease to have effect on the date 43 of 1958 immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier 45 the schedule (see section 158) amendments| year | act no ||-------------|-------------|| short | title || amendment | || 1956 | || the | companies || act, | 1956 || (i | in || sections | shall || "(2) | without || power, | a || resembles,— | || 10 | || (i) | the || been | previously || (ii) | a || is | subject || any | other || 1999, | || 15 | || may | be || government | within || (3) | the || as | undesirable || consult | the || 20 | || (id | in || (i) | for || and | ending || company—-" | the || namely:— | || 25 | || "if, | through || its | first || name, | is || 30 | || (i) | in || identical | with, || name | by || been | previously || act | or || mentioned | company, || (ii) | on'an || 35 | || 40 | || a | trade || government | identical || resembles, | a || proprietor | under || such | company," || (ii) | the || "provided | that || 45 | || by | a || years | of || company | shall || government | " | statement of objects and reasonsthe trade and merchandise marks act, 1958 has served its purpose over the last four decades it was felt that a comprehensive review of the existing law be made in view of developments in trading and commercial practices, increasing globalisation of trade and industry, the need to encourage investment flows and transfer of technology, need for simplification and harmonization of trade mark management systems and to give effect to important judicial decisions to achieve these purposes, the present bill proposes to incorporate, inter alia the fofowing, namely:— (a) providing for registration of trade mark for services, in addition to goods; (b) registration of trade marks, which are imitation of well known trade marks, not to be permitted, besides enlarging the grounds for refusal of registration mentioned in clauses 9 and 11 consequently, the provisions for defensive registration of trade marks are proposed to be omitted; (c) amplification of factors to be considered for defiring a well-known mark; (d) doing away with the system of maintaining registration of trade marks in part a and part b with different legal rights, and to provide only a single register with simplified procedure for registration and with equal rights; (e) simplifying the procedure for registration of registered user and enlarging the scope of permitted use; (f) providing for registration of "collective marks" owned by associations, etc; (g) providing an appellate board for speedy disposal of appeals and rectification applications which at present lie before high court; (h) transferring the final authority relating to registration of certification trade marks to the registrar instead of the central government; (i) providing enhanced punishment for the offences relating to trade marks on par with the present copyright act, 1957, to prevent the sale of spurious goods; (j) prohibiting use of some one else's trade marks as part of corporate names, or name of business concern; (k) extension of application of convention country to include countries which are members of group or union of countries and inter-governmental organisations; (1) incorporating other provisions, like amending the definition of "trade marks", provisions for filing a single application for registration in more than one class, increasing the period of registration and renewal from 7 to 10 years; making trade mark offences cognizable, enlarging the jurisdiction of courts to bring the law in this respect on par with the copyright law, amplifying the powers of the court to grant ex parte injunction in certain cases and other related amendments to simplify and streamline the trade mark law and procedure 2 in view of the extensive amendments necessitated in the trade and merchandise marks act, 1958, it has been thought fit to repeal and re-enact the said act incorporating the necessary changes 3 the bill seeks to achieve the above/ objects the notes on clauses explain the various provisions of the bill new delhi; murasoli maran the 19th november, 1999 notes on clausesclause 1—this clause provides for appointment of different dates for commencement of different provisions of the act, because some of the provisions in the bill, like extending the registration of trade marks to services, and setting up of appellate board are new and necessary mechanism will have to be provided and therefore adequate steps will have to be taken for administering these provisions, which may take some time necessary proviso is, therefore, proposed to be added to sub-clause (3) for this purpose clause 2—-this clause contains definitions and interpretations while some new definitions have been added, some of the definitions existing in the trade and merchandise marks act, 1958 have been made comprehensive and amplified the new definitions which have been added are "appellate board", "bench", "chairman", "judicial member", "technical member", "vice-chairman", "collective mark", "member", "notify", "services" "well-known trade mark" with the proposal for establishment of an appellate board for considering appeals against the orders/decisions of the registrar, the term "appellate board" along with related expressions of "bench", "chairman", "judicial member", "technical member", "vice-chairman" and "member" have been included in the definitions the provision for registration of "collective marks" is new and suitable definition has been included for the purpose the expression "services" has been defined, as the bill envisages registration of trade mark not only for "goods" but also for "services" which will include within its scope service relating to advertising and business, insurance and finance, construction and repair, transport and storage, material treatment, boarding and lodging, education and entertainment the existing definition of the expression "certification trade mark" has been modified to include services the definition of "mark" has been enlarged to include the shape of goods, packaging and combination of colours the definition of "permitted use" has been amplified to cover use both by the registered user and the licensee, as the latter becomes entitled to use the mark by virtue of the agreement with the registered proprietor the definition of "trade mark" has also been enlarged to mean a mark capable of being represented graphically and to include shape of goods, their packaging and combination of colours and covers both goods and services the definition of " tribunal" has been modified to include "appellate board" in place of "high court" the definition of "registered trade mark" has been modified to mean a trade mark which is actually on the register and remaining in force the existing definition of "high court" is proposed to be deleted consequent to the proposal to constitute appellate board in lieu of high court, for appeals a new sub-clause (3) is proposed to be added to clarify that goods and services may be associated with each other, if it is likely that those goods may be sold or otherwise traded in and those services may be provided by the same business sub-clause (4) seeks to define the term "the existing registered trade mark" to mean a trade mark registered under the trade and merchandise marks act, 1958 immediately before the commencement of this act clause 3—this clause corresponds to section 4 of the trade and merchandise marks act, 1958 and provides for appointment of the registrar and other officers clause 4—this clause seeks to empower the registrar to withdraw any matter pending before an officer and deal with such matter himself or transfer the same to another officer for reasons to be recorded therein this provision broadly corresponds to subsection (4) of section 73 of the patents act, 1970 the purpose of this is to ensure better management of the work in the trade marks registry and in administration of the act clause 5—this clause deals with the establishment of the trade marks registry and branch offices and corresponds to section 5 of the trade and merchandise marks act, 1958 this clause provides that the trade marks registry established under the trade and merchandise marks act, 1958 shall continue to be the trade marks registry for the purposes of this act clause 6—this clause contains provisions regarding maintenance of a single register of trade marks (in lieu of existing part a and part b register) at head office wherein particulars of registered tradg marks and other prescribed particulars, except notice of trust, shall be recorded a copy of the register is to be kept at each branch office subclause (2) contains provisions for maintenance of records in computer floppies or diskettes or in any other electronic form subject to such safeguards as may be prescribed by rules subject to this, this clause is in line with section 6 of the existing act clause 7—this clause provides for classification of goods and services which shall, as far as possible, conform to the recognised international classification of goods and services clause 8—this clause provides for the publication of an alphabetical index of classification of goods and services this is a new provision clause 9—section 9 of the trade and merchandise marks act, 1958 is proposed to be replaced by a comprehensive new provision consequent to the proposed amendments of— (a) definition of "trade mark" to mean inter alia a mark capable of distinguishing the goods or services of one person from those of others, and (b) to have only a single register (with no part a or part b) sub-clause (1) stipulates what constitutes absolute grounds for refusal of registration it is proposed to explicitly stipulate that the marks which are devoid of any distinctive character or which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, etc, or trade marks which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practice of the trade shall not be registered, unless it is shown that the mark has in fact acquired a distinctive character as a result of use before the date of application in short, a trade mark which has been demonstrated to be distinctive in the market place shall be regarded as distinctive in law as well and be registerable this will help in overcoming the difficulties faced by the applicants at present in registration of trade marks, ¢g, which are based on geographical names or laudatory epithets, but which have in fact acquired distinctiveness by reason of use sub-clause (2) contains provisions similar to what are at present contained in section 11 of the trade and merchandise marks act, 1958 but with minor additional of reference to the emblems and names (prevention of improper) use act, 1950 to make the law selfcontained sub-clause (3) prohibits registration of a mark, if it consists exclusively of shape of goods which result from the nature of the goods themselves or which is necessary to obtain a technical result or which gives substantial value to the goods clause 10—this clause corresponds to section 10 of the trade and merchandise marks act, 1958 with the consequent modification relating to combination of colours clause 11—with the transfer of some of the provisions contained in existing section 11 of the trade and merchandise marks act, 1958, to sub-clause (2) of clause 9, clause 11 has been recast to lay down the relative grounds for refusal of registration sub-clause (1) has been recast on the lines of sub-section (1) of section 12 of the existing act making the grounds of refusal more specific and explicit so as to provide that where there exists a likelihood of confusion on the part of the public because of the identity with an earlier trade mark or similarity of govds or services, the trade mark shal! not be registered it is proposed that the registration of a mark which is merely reproduction or imitation of well-known mark should not be allowed accordingly, sub-clause (2) seeks to provide that where the goods or services are not similar and the use of trade mark identical with or similar to an earlier trade mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark, shall not be registeredsub-clause (3) lays down that a trade mark shall not be registered, if or to the extent that, its use will be prevented by law of passing off or under the law of copyright however, sub-clause (4) permits registration where the proprietor consents to such registration the explanation proposed in this section defines the term "earlier trade mark" to mean (a) a registered trade mark or a convention application (clause 154) which has a date of application earlier than the trade mark in question, or (b) a trade mark, which on the date of application or on the date of priority claimed is entitled to protection as a well-known trade mark sub-clause (5) lays down that the trade mark shall not be refused registration on the ground specified in sub-clauses (2) and (3) unless objection on that ground is raised in opposition proceedings by the proprietor of the earlier trade mark this will put the burden of proof in this respect on the opponent opposing the registration on the grounds specified therein sub-clause (6) lays down the factors which the registrar shall take into account in determining whether a trade mark is a well-known trade mark or not sub-clause (7) lays down the facts to be taken into account to determine whether a trade mark is known or recognised to the relevant section of the public sub-clause (8) provide that a trade mark needs to be well known in at least one relevant section of the public sub-clause (9) lays down the factors that shall be excluded in determining whether a trade mark is wellknown trade mark or not sub-clause (10) provides that in an opposition proceeding the registrar shall protect a well-known trade mark against identical or similar trade marks and take into consideration the bad faith of either the applicant or the opponent affecting the rights relating to the trade mark sub-clause (11) protects prior use or registration in good faith of an identical or similar trade mark against a well-known trade mark clause 12—this clause provides for registration of same or similar trade mark by more than one proprietor in the case of honest concurrent use or other special circumstances this clause substantially corresponds to sub-section (3) of section 12 of the existing trade and merchandise marks act, 1958 with additional provision relating to services clause 13—this clause corresponds to section 13 of the existing act with the additional provision that international non-proprietory names declared by world health organisation from time to time or deceptivety similar names shall not be registered as trade marks clause 14—this clause, which deals with use of names and representations of living persons or persons recently dead, is identical with the provisions contained in section 14 of the existing trade and merchandise marks act, 1958 clause 15—this clause provides for registration of parts of trade marks and of trade marks as a series subject to certain conditions enumerated therein this corresponds to section 15 of the existing act, except consequential amendments to cover services clause 16—this clause deals with association of trade marks, sub-clause (1) is reproduction of sub-section (1) of section 16 of the trade and merchandise marks act, 1958 except the amendment relating to services sub-clause (2) is consequential to the introduction of new provision for association of goods and services proposed in clause 2(3) sub-clauses (3), (4) and (5) correspond to sub-sections (2), (3) and (4) of section 16 of the trade and merchandise marks act, 1958 clause 17—this clause which deals with the effect of registration of parts of a mark seeks to omit the provision relating to requirement of disclaimer and to explicitly state the general proposition that the registration of a trade mark confers exclusive right to the use of the trade mark taken as a whole and not separately to each of its constituent parts, if any clause 18—this clause deals with the procedure for making an application for registiation at present separate applications are required to be made if the applicants desire to register a trade mark in more than one class sub-clause (2) has been amended to permit registration in several classes of goods or services by means of a single application however, the fee payable is to be calculated on the basis of the number of classes in which registration is sought in other respects, the clause corresponds to existing section 18 of the trade and merchandise marks act, 1958clause 19—this clause provides for withdrawal of acceptance of an application, before its registration, when the acceptance is in error, etc, after hearing the applicant this provision is the same as in the corresponding section 19 of the trade and merchandise marks act, 1958 clause 20—this clause provides for advertisement of an application, either after acceptance or before acceptance, so as to afford the public an opportunity to oppose the registration of the mark the provision follows section 20 of the trade and merchandise marks act, 1958 clause 21—this clause deals with the procedure for opposition to registration of a trade mark this is substantial reproduction of the provisions contained in sections 21 and 22(b) of the trade and merchandise marks act, 1958 sub-clause (6) provides for payment of security for costs in the case of persons who do not reside or carry on business in india clause 22—this clause which corresponds to section 22 of the existing act, provides for correction of any error in or in connection with the application or amendment of the application either before or after acceptance of the application clause 23—this clause makes it mandatory on the registrar to register the trade mark where the procedure for registration of a trade mark has been completed viz, the application has been accepted and either the application has not been opposed or the opposition has been dismissed the reference to part a and part b has been omitted, which is consequential in other respects, this clause corresponds to section 23 of the existing act clause 24—this clause provides for registration of jointly owned trade marks where the mark is used or proposed to be used in relation to goods or services connected with all the joint applicants this clause reproduces the provisions contained in section 24 of the existing act and is also extended to services, which is consequential clause 25—the duration of registration is proposed to be increased from 7 to 10 years this is in keeping with the generally accepted international practice and to reduce the work-load of the trade marks office sub-clause (2) provides for renewal of registration sub-clause (3) provides for removal and restoration of registration consequent to the provision proposed in sub-clause (1) of clause 25, renewal of registration is permissible for successive periods of 10 years, from the date of the original registration or the last renewal to facilitate renewal of registration, sub-clause (4) provides for a grace period of six months for payment of renewal fee after expiry of registration, subject to payment of the prescribed surcharge sub-clause (5) provides for restoration of the trade mark to the register within one year in case it is not renewed even within the grace period of six months and the mark is removed in other respects, the provision retains the provisions contained in section 25 of the existing act clause 26—this clause states that where a trade mark has been removed from the register for failure to pay the renewal fee, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year next after the date of the removal, be deemed to be a trade mark already on the register this corresponds in entirely to the provision contained in section 26 of the existing act ' clause 27—this clause provides that no infringement action will jie in respect of an unregistered trade mark, but recognises the common law rights of the trade mark owner to take action against any person for passing off goods as the goods of another person or as services provided by another person or the remedies thereof the clause thus retains the existing provision of section 27 in this respect, with the addition of servicesclause 28—this clause deals with the exclusive rights conferred by registration this corresponds to the existing section 28 of the trade and merchandise marks act, 1958 this right has now been extended to include services also clause 29—this clause deals with infringement of trade marks and explicitly states as to the various acts which constitute infringement sub-clause (1) states the general proposition of the law in this respect and lays down that when a registered trade mark is used by a person who is not entitled to use such a trade mark under the law, it constitutes infringement in pursuance of the relative grounds for refusal of registration specified in clause 11, the scope of this clause has been enlarged to explicitly state that a registered trade mark is infringed, if— ' (a) the mark is identical and is used in respect of similar goods or services; or (b) the mark is similar to the registered trade mark and there is an identity or similarity of the goods or services covered by the trade mark; or (c) the trade mark is identical and is used in relation to identical poods or services; and that such use is likely to cause confusion on the part of the public or is likely to be taken to have an association with the registered trade mark this clause further lays down that in cases falling in category (c) above, there will be a legal presumption of likelihood of confusion on the part of the public sub-clause (4) seeks to lay down that a registered trade mark is infringed by a person, if he uses a mark which is identical or similar to the trade mark, but on goods or services which are not similar, provided the registered trade mark has a reputation in india and the use of the mark without due cause would take unfair advantage of or is detrimental to the distinctive character or repute of the registered trade mark sub-clause (5) seeks to prevent a person from adopting someone else's trade mark as part of that person's trade name or business name by explicitly providing: that such action shall also constitute an infringement under this act this provision will bring this clause in harmony with the proposed amendments to sections 20 and 22 of the companies act, 1956 sub-clause (6) lays down the circumstances when a person is considered to use a registered trade mark for the purpose of this clause it includes inter alia affixing the mark to goods or packaging, offering or exposing the goods for sale or supply of services, importing or exporting the goods, the use of the mark as trade name or trade mark on' business paper or in advertising sub-clause (7) provides that where a person applies a registered trade mark under certain circumstances knowing that application of such mark was not authorised by the proprietor or licensee would be an infringing act of a registered mark sub-clause (8) stipulates the circumstances when an advertising of a registered trade mark would constitute infringement advertising of a trade mark to take unfair advantage of, or against the honest commercial practices or-which is detrimental to the distinctive character or which is against the reputation of the trade mark shall constitute an infringement sub-clause (9) stipulates that where the distinctive element of a registered trade mark consists of words, the spoken use of such words as well as visual representation for promoting the sale of 'goods or promotion of service would constitute infringement clause 30—clause 30 specifically excludes certain acts as not constituting infringement and broadly corresponds to section 30 of the existing act the law is proposed to be amplified by explicitly stating that there will be no infringement, if the use of a mark is in accordance with honest practices in industrial or commercial matters and is not such as to take unfair advantage of or be detrimental to the distinctive character or repute of a trade mark there is no infringement in the following cases:— (1) where the use is in relation to goods or services to indicate the kind, quality, quantity, etc, of the goods or of réndering of services (2) use of the trade mark in a manner outside the scope of registration where a trade mark is registered subject to conditions or limitations (3) where a person uses the mark in relation to goods or services for which the registered owner had once applied the mark, and had not subsequently removed it or impliedly consented to its use (4a trade mark registered for any goods may be used in relation to parts and accessories to other goods, or services and such use is reasonably necessary and its effect if not likely to deceive as to the origin (5) the use of a registered trade mark being one of two or more registered trade marks which are identical or similar, in exercise of the right to the use of that registered trade mark sub-clauses (3) and (4) recognise the principle of "exhausion of rights" by preventing the trade mark owner from prohibiting on ground of trade mark rights, the marketing of © goods in any geographical area, once the goods under the registered trade mark are lawfully acquired by a person however, when the conditions of goods are changed or impaired after they have been put on the market, the provision will not apply clause 31—this clause states that registration including subsequent assignment and transmission, is prima facie evidence of validity this corresponds to section 31 of the existing act clause 32—with the proposed merger of part a and part b of the register into a single register, the existing provision in section 32 for presumption of conclusive validity of a trade mark in part a of the register has become unnecessary this section is, therefore, proposed to be replaced by the provision as in clause 32 of the bill, by providing that where the validity of a trade mark is contested on the ground of distinctiveness, the court may take into consideration the distinctiveness acquired through use after registration for determining the validity of registration clause 33—this clause isnew and contains provisions as to the effect of acquiescence the proprietor of the earlier trade mark or other earlier right cannot contest the validity of registration of a subsequent trade mark, if he has acquiesced in the use of the subsequent trade mark for a continuous period of five years, unlesthe can prove that the registration of the subsequent trade mark was not obtained in good faith sub-clause (2) states that where sub-clause (1) applies, the proprietor of the later mark also is not entitled to oppose the use of the earlier trade mark clause 34—this clause provides for protecting the vested rights, so that the proprietor of registered trade mark or a registered user cannot interfere with the use of any identical or similar mark if the person has been using the mark from an earlier date this clause corresponds to section 33 of the existing act this clause also covers services now clause 35—this clause corresponds to section 34 of the existing act and provides that the registered proprietor or the registered user cannot interfere with any bona fide use by a person of his own name, or his predecessor in business, his place of business or bona fide description of the character or quality of the goods or servicesclause 36—this clause corresponds to section 35 of the existing act the putpose of this clause is to prevent a person from asserting any exclusive right, by virtue of trade mark or patent, over a word which has come to be associated as the name or description of an article if there is a well known and established use of the word in a descriptive sense, and that is the only practicable name or description of an article , the validity of registration of such word as trade mark can be challenged the provisions of this clause extend to services v clause 37— this clause recognises the right of registered proprietor to assign the trade mark for any consideration and to give receipts this corresponds to section 36 of the trade and merchandise marks act, 1958 clause 38—this clause deals with the assignability and transmissibility of a registered trade mark whether with or without goodwill of the business either in respect of all goods or services or part thereof this corresponds to section 37 of the existing act the only change which is consequential is in relation to the provision for registration of trade mark for services clause 39—the clause provides that unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned clause 40—this clause contains restriction on assignments or transmissions of trade mark where multiple exclusive rights would be created in more than one person, which would be likely to deceive or cause confusion nevertheless, such assignment is not deemed to be invalid, if having regard to the limitations imposed, the goods are to be sold in different markets—either within india or for exports the provisions also apply to services sub-clause (2) lays down the procedure for obtaining a certificate for the purposes of assignment envisaged in sub-clause (1) andempowers the registrar to issue certificate for the purpose as to whether or not the proposed assignment is valid unless obtained by fraud, the certificate as to validity shall be conclusive clause 41—- clauses 38 and 39 lay down the provisions regarding assignability and transmissibility of registered trade mark or unregistered trade mark along with the goodwill of business subject to provisions contained therein subject to these provisions, this clause lays down the restriction on assignment or transmission so as to prevent splitting of rights of a trade mark on a territorial basis and creating rights on different persons in different parts of india however, the registrar has been conferred the power to approve such assignment or transmission if he is satisfied that it would not be contrary to public interest this clause is the same as section 40 of the existing act with necessary amendment only regarding services clause 42—this clause seeks to stipulate conditions for assignment of a trade mark without goodwill of business such an assignment will not take effect unless the assignor obtains directions of the registrar and advertises the assignment as per the registrar's directions and as per the procedure to be prescribed the purpose of advertisement is to give notice of the assignment without goodwill of the business to the public this clause explicitly states that the assignment of a trade mark in respect of only some of the goods or services with the goodwill of the business pertaining to those goods or services; or the assignment of a trade mark which is to be used only in relation to goods or services for export together with the goodwill of the export business only is not to be deemed as an assignment without goodwill of the whole of the business and in such cases, it would not be mandatory to obtain directions of the registrar this clause follows the existing provisions in section 41 of the trade and merchandise marks act, 1958, with con juential changes relating to servicesclause 43—this clause deals with the assignability and transmissibility of certification trade marks assignment of certification trade mark can only be done with the consent of the registrar consequent to the proposal to vest the final authority for disposal of applications for certification trade marks on the registrar, this clause seeks to make necessary change in the law by the substitution of the word "registrar" for the words "central government" clause 44—this clause requires that associated trade marks shall be assignable and transmissible only as a whole but they will be treated as separate trade marks for all other purposes it corresponds to the provision contained in section 43 of the existing act clause 45-—this clause deals with the procedure for registration of assignment and transmission and broadly follows the provisions contained in section 44 of the existing act where the validity of an assignment is in dispute between the parties, the registrar may refuse to register such transaction unless the rights of parties are determined by the competent court sub-clause (2) lays down that any instruments or documents on the basis of which no entry has been made under sub-section (1) is not admissible in evidence before the registrar or any court clause 46—section 18 of the existing act provides that an application for registration of a trade mark may be made only by a person who is using or proposing to use the tradé mark himself clause 46 contains two exceptions providing for registration of a trade mark—(1) by a person who proposes to assign the trade mark to a company to be formed and registered under the companies act, 1956 and (2) by a person who proposes to use the trade mark by a registered user as and when the mark is registered the latter provision seeks to give effect to supreme court decision in "dristan" case this clause further provides that where the sad trade mark is not assigned to the company mentioned in clause (1) above, the registration of such a trade mark shall cease to have effect after expiration of the prescribed period clause 47—this clause corresponds to section 46 of the existing act and provides for removal of a trade mark from the register on the ground of non-use a trade mark which is not used within five years of its registration, becomes liable for removal either completely or in respect of those goods or services for which the mark has not been used under section 46(1), it is proposed to clarify that the five years period will start from the date on which the trade mark is actually entered on the register this amendment is intended to remove any ambiguity, as for all other purposes, the date of registration will be the date on which the application was filed vide clause 23(2) proviso to sub-clause (1) also provides that the tribunal may refuse removal of the mark if it is shown that any proprietor had in fact made bona fide use of the trade mark for goods or services of the same description or associated goods or services it is also proposed to increase the period from | to 3 months in clause 47(1) (a) and (b) in which use of the trade mark, prior to the date of filing of the application for removal of the trade mark, shall be disregarded this is intended to prevent the registered proprietor to by pass the act by such token use after he comes to know that an application for removal is about to be filed, sub-clause (3) protects a mark from being removed from the register on ground of non-use if such non-use is shown to have been due to special circumstances in the trade the clause is proposed to be modified to clarify that special circumstances in the trade will include restrictions imposed by any law or regulation on the use of trade mark in india consequential amendments have been made to cover servicesclause 48—this clause corresponds to section 48 of the existing act and deals with registration of registered users, it is proposed to simplify the law relating to registered user by effecting necessary changes in the various provisions in clause 48, it is proposed to delete the reference to "trafficking in trade marks" occurring in existing section 48 as the concept of trafficking in a trade mark, namely, dealing in trade mark as a commodity by itself is more imaginary than real as a trade mark representing the goodwill of the owner's business, is an invaluable asset of industrial property, the proprietor himself would exercise due control over the manner in which the trade 'mark should be used by the permitted user, to protect his own reputation indeed, sub-clause (2) provides that the use of the mark by the registered user ensures to the benefit of the proprietor and not to the user, clause 49—this clause provides for registration as registered user and largely corresponds to the existing sections 49 and 52 the clause sets out the procedure for making application and such registration, on completion of which the registrar may register the proposed user for the goods or services for which he is satisfied licensing of trade mark is recognised universally as an important industrial property right and as such the procedure for registration of registered user is proposed to be made simple to encourage such registration consequently, the consideration for the registration of registered user of a trade mark is not proposed to be extended to aspects which may affect the registration and better protection of trade marks it is proposed, therefore, to delete sub-sections (2) and (3) of section 49 of the existing trade and merchandise marks act, 1958 clause 50—this clause deals with the power of the registrar to vary or cancel registration as registered user registration of registered user may be varied or cancelled, inter alia, on the ground that the registered user has used the trade mark not in accordance with the agreement or the proprietor/user has failed to disclose any material facts for such registration or that the stipulation in the agreement regarding the quality of goods is not enforced or that the circumstances have changed since the date of registration, etc notice and opportunity of hearing is provided before cancellation of registration clause 51,-—with the simplification of the procedure for registration of registered user, it is necessary to keep the register of trade marks up-to-date accordingly, to ascertain whether the registered user agreement is in force, the registrar is proposed to be empowered to require the proprietor to confirm, at any time whether the agreement, on the basis of which registered user was registered is still in force, and if such confirmation is not received within the prescribed time of three months the registrar shall remove the entry thereof from the register in the prescribed manner clause 52 this clause recognises the right of registered user to take proceedings against infringement and broadly corresponds 'to section 51 of the existing act it is also clarified that the proprietor of registered trade mark will not be liable for any costs unless he enters appearance and takes part in the proceedings ' clause 53— this clause is new and seeks to explicitly provide that a person referred to in section 2(/) (ii) being an unregistered permitted user shall have no right to institute proceeding for any infringement this provision will encourage licensee of a registered trade mark to register his title as registered user as soon as possible clause 54—this clause reproduces in terms of section 53 of the existing act and enacts that a registered user will not have a right of assignment or transmission it is clarified that where an individual registered user enters into partnership or remaining in a reconstituted firm, the use of the mark by the firm would not amount to assignment or transmission clause 55—this clause provides that use of one of associated or substantially identical trade marks is equivalent to use of another is a repfoduction of the existing section 54 of the trade and merchandise marks act, 1958 similarly, the use of the whole of a registeted mark will be deemed to be use of a part of the mark, for all purposes, other than for securing registration of such part of the mark sub-clause (3) contains explicit provision accordinglyclause 56—this clause deals with the use of a trade mark for export trade and use when form of trade connection changes use of trade mark on goods for export from india constitutes use of the trade mark in india under sub-clause (/) sub-clause (2) recognises the principle that a mere change in the form of connection in the course of trade between the proprietor of the trade mark and the goods shall not be deemed to be likely to cause deception and confusion this corresponds to section 55 of the trade and merchandise marks act, 1958, and the amendments are mainly to cover "services" clause 57—sub-clauses (/) and (2) enable a person aggrieved to apply to the appellate board or the registrar for cancelling or varying the registration of trade marks, inter alia, on the ground of contravention or failure to observe any conditions entered on the register or absence or omission of any entry from the register or entry wrongly remaining or without sufficient cause sub-clause (3) empowers the tribunal to decide any question as may be necessary in connection with the rectification sub-clause (4) empowers the tribunal to rectify the register on the grounds specified above on its own motion after giving an opportunity of being heard to the parties concerned sub-clause (5) enables registrar to rectify the register pursuant to an order of the board to rectify the register clause 58—sub-clause (/) empowers the registrar to correct the register in respect of the errors relating to the particulars of the registered proprietor or entries relating to the registered trade mark and also to make consequential amendments, and alterations in the certificate of registration sub-clause (2) empowers the registrar to rectify the register to correct any error or change of name, etc, on an application by the registered tuser after giving notice to the registered proprietor clause 59—sub-clause (/) empowers the registrar to alter registered trade mark which does not substantially affect the identity of the trade mark subject to such limitations as he may think fit sub-clauses (2) and (3) contain provisions for advertisement of the proposed alteration mentioned in sub-clause (/) above and to enable any person to oppose such alterations sub-clause (3) makes it mandatory for advertisement of altered trade mark in the prescribed manner this corresponds to section 58 of the existing act clause 60—this clause corresponds the existing section 59 of the trade and merchandise marks act, 1958 which deals with adaptation of entries in the register to amended or substituted classification of goods or services this is only ar enabling provision clauses 61 to 68—these clauses contain provisions relating to the registration of collective trade marks which are new these provisions provide for registration of a collective mark which belongs to a group or association of persons and the use thereof is reserved for members of the group or association of persons collettive marks serve to distinguish characteristic features of the products or services offered by those entérprises it may be owned by an association which may not use the collective mark but whose members may use the same the association ensures compliance of certain quality standatds by its members, who may use the collective mark if they comply with the requirements prescribed concerning its use the primary function of a collective mark is to indicate a trade connection with the proprietor association or organisation clauses 69 to'78-~these clauses deal with registration of certification trade mark the purpose of certification trade mark is to show that the goods on which the mark is used have been certified by some competent person in respect of certain characteristics of the goods such as origin, mode of manufacture, quality, etc the proprietor of a certification trade mark does not himself deal in the goods a certification trade mark may be used in addition to the user's own trade mark on his goods at present section 63 of the existing act requires the central government to consider an application for registration of certification trade mark in order to simplify the procedure and since the law already provides necessary safeguards, it is proposed to vest final authority for registration of certification trade mark on the registrar and accordingly suitable amendments have been made in different provisions contained in clauses 70 to 79 these clauses are largely based on sections 60 io 69 of the existing act clauses 79 to'82—these clauses reproduce sections 71, 72, 74 and 75 of the existing 'act containing special provisions in respect of trade marks used for textile goods section 73 of the existing act pertaining to refused textile marks list which was maintained under the trade marks act, 1940, has been deleted as being no longer necessary clause 83—this clause provides for the constitution of an intellectual property appellate board to hear appeals against the decisions of the registrar clause 84—this clause deals with the composition of the appellate board the board will consist of a chairman, vice-chairman and such number of other members, as the central government may deem fit the places where the board may sit shall be notified by the central government , clause 85—this clause deals with the requisite qualifications for appointment as chairman, vice-chairman and members of the board clause 86—this clause deals with the term of office of chairman, vice-chairman and other members of the board and their conditions of service clause 87-—this clause sets out the circumstances where the vice-chairman or the senior most member will act as chairman and discharge his functions clause 88—this clause enables the central government to prescribe the salaries and allowances of the chairman, vice-chairman and other members and other terms and conditions of their service, viz, pension, gratuity, retirement benefits, etc clause 89—this clause makes provisons for the resignation of the chaitman, vice- chairman or any other member of the board and various grounds for their removal from the office clause 90—this clause provides for appointment and functioning of the staff of the appellate board, terms and conditions of service and the administrative powers of the chairman over them ' clause 91—this clause makes provisions for appeals to the appellate board from the de%isions of the registrar and the period within which they are to be preferred clause 92—this clause empowers the appellate board to regulate its own procedure the appellate board will have the powers of a civil court trying a suit under the code of civil procedure, 1908 in respect of the matters set out in the clause to facilitate speedy disposal of cases, the clause lays down that the board shall not be bound by the procedure laid down in the code of civil procedure, 1908 but be guided by the principles of natural justice clause 93—this clause bars any court or other authority from exercising jurisdiction, powers or authority in relation to the appeals clause 94—this clause prohibits the chairman, vice-chairman or other members of the board from appearing before the appellate board or the registrar after they cease to hold office clause 95—-this clause provides that no interim order shall be made in any proceeding relating to an application unless copies of the appeal are furnished to the party against whom the appeal is made and an opportunity of hearing is given to such parties clause 96—this clause seeks to empower the chairman to transfer any cases pending before one bench for disposal to any other bench either on his own motion or on the application made by any of the parties the purpose of this clause is to secure proper management of the workclause 97—this clause deals with procedure for application for rectification made to the appellate board, this is in line with section 108 of the trade and merchandise marks act, 1958 only the references to high court are replaced by appellate board this also provides that certified copy of the order or judgment of the board will be communicated to the registrar for taking appropriate action, including amending éntries in the register accordingly clause 98—this clause empowers the registrar to appear before the appellate board in certain circumstances or in lieu of appearance, to file the statement in writing which shall constitute evidence in the proceeding clause 99—in all proceedings before appellate board, the registrar shall not be ordered to pay the costs to any party, but the costs of the registrar shall be in discretion of the appellate board clause 100—this clause provides for transfer of all cases of appeals and rectification proceedings pending before any high court to appellate board from such date as may be notified in the official gazette clause 101—this clause, provides that a person shall be deemed to apply a trade mark or trade description to goods or services in certain circumstances it includes the manner of "use" envisaged in the definition of use of a mark, including where a trade mark of trade description is woven in, impressed on, annexed or affixed to the goods or any package, etc this clause corresponds to section 76 of the existing act clause 102—a person is deemed to falsify a mark who without the authority of the proprietor makes the trade mark or deceptively similar mark or falsifies any genuine trade mark in any manner sub-clause (2) provides that a person is deemed to falsely apply to goods such trade mark without the assent of the proprietor on goods or services or any package containing goods, etc it is also made clear that the burden of proving assent of the proprietor will be on the accused this provision corresponds to section 77 of the existing act ' clause 103— this clause provides penalty for applying false trade mark, trade description, etc this clause corresponds to section 78 of the existing act but removes the distinction between offences in relation to "drugs" or "food" on the one hand and other categories of goods on the other and seeks to enhance the punishment uniformly irrespective of the nature of the goods as in many cases, a trade mark label is registered separately as a trade mark under the trade and merchandise marks act, 1958 and as copyright under the copyright act, 1957, the penal provisions are sought to be harmonised between the two laws accordingly, in clause 103, it is proposed that penalty for applying false trade mark or false trade description, etc, as enumerated in clause 103 is to be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall] not be less than fifty thousand rupees but which may extend to two lakh rupees however, a provision has been made empowering the court, for adequate and special reasons to be mentioned in the judgment, to impose a sentence lower than the normal punishment specified in this clause clause 104—this clause prescribes penalty for selling goods or providing services to which false trade mark or false trade description is appliéd the penalty proposed is the same as sought to be provided for an offence in clause 103 in this clause, the court is also empowered to award a lower sentence of penalty for adequate and special reasons to be mentioned in the judgment clause 105—this clause which prescribes enhanced penalty on second and subsequent convictions for offences committed in clauses 103 and 104 is new and is in accordance with similar provision under the copyright act it is provided that whoever has already been convicted is again convicted shall be punishable for the second and for every subsequent offence with imprisonment which shall not be tess than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees the court is, however, empowered to impose a sentence of imprisonment for a term less than one year and a fine of less than one lakh rupees for adequate and special reasons to be mentioned in the judgment this clause makes it clear that for the purpose of this clause no cognizance of any conviction made before the commencement of this act shall be taken clause 106—this clause provides penalty for removing piece goods, etc, contrary to clause 81 it provides that if any person removes or attempts to remove for sale these goods or cotton yarn or cotton threads which are not marked in accordance with the provisions of the act, all such goods will be forfeited to the government and the person shall be punishable with fine clause 107—this clause which corresponds to section 81 of the existing act makes false representation of a trade mark as registered as an offence the amendment also seeks to clarify that use of symbols like "r" in circle in relation to unregistered trade mark would constitute an offence the punishment for the offence is imprisonment for a term which may extend to three years or with fine or with both it is also clarified that where the mark in question is registered under the law of the country outside india, the use of the word or other expression to denote such registration in foreign country is permissible clause 108—the use of any words which would lead to the belief that a person's place of business is officially connected with the trade mark office is made a punishable offence with imprisonment for a term which may extend to two years or fine or with both this clause corresponds to section 82 of the existing act , clause 109—this clause contains provisions for penalty for falsification of entries in the register this offence is punishable with imprisonment extending to two years or fine or with both this clause corresponds (0 section 83 of the existing act clause 110,—this clause specifically provides that where an act or omission shall not be deemed to be an offence under sections 102, 103, 104 and 105, if the alleged offence relates to a registered or unregistered mark, the act or omission is permitted by this act or under any other law it is in the nature of defence available to an accused this clause corresponds to section 84 of the existing act clause 111—this clause which corresponds to section 85 of the existing act empowers the court to direct the forfeiture to government of all the goods relating to which an offence has been committed the court may either order the forfeited goods to be destroyed or otherwise disposed of where an appeal against conviction lies, the appeal will also lie against the forfeiture clause 112,—this clause corresponds to section 86 of the existing act and contains provision for exemption of certain persons employed in the ordinary course of business from liability if the person accused of an offencé proves, inter alia, that he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description and that in the ordinary course of business he is employed on behalf of the other persons to apply trade mark or trade description including dyes, blocks, machines, etc, he shall not be liable clause 113—this clause prescribes the procedure where invalidity of registration is pleaded by the accused, and makes provision for stay of proceedings in certain circumstances if the court is satisfied with the defence of invalidity of the registration, it may adjourn the proceedings for three months to enable an application for rectification of the register to be filed before the appellate board if the accused proves that he has made such application, further proceedings shall stand stayed till the disposal of rectification application on the other hand, if within the period allowed by the court, the accused fails to apply for rectification before the appellate board, the court is bound to proceed with the case as if registration is validsub-clause (2) provides that where any application for rectification is pending before the institution of the criminal proceedings, the court shall stay the proceedings in the prosecution pending the outcome of the rectification application and determine the charge in conformity thereof to the extent that the complainant relics on the registration of this mark this clause corresponds to section 87 of the present act clause 114—this clause contains provision for offences by companies and corresponds to section 88 of the existing act this provision seeks to provide that where a person committing offence is a company, every person responsible in the company for the conduct of its business will be liable where a person accused proves that the offence was committed without his knowledge he will not be liable however, where it is proved that an offence has been committed with the consent or connivance or is attributable to the neglect of any director, manager, secretary or any other officer of the company, he shall be deemed to be guilty of the offence clause 115,—sub-clause (/) provides that a court shall take cognizance of an offence under clause 107, clause 108 and clause 109 only on complaint by the registrar or any officer authorised by him proviso to this clause enables the court to take cognizance of an offence under clause 107 (/) (c) on the basis of registrar's certificate sub-clause (2) enacts that no court inferior to that of a judicial magistrate of the first class shall try the offence under this act sub-clause (3) declares that offence under section 103, section 104 or section 105 shall be cognizable sub-clause (4) which corresponds to section 64 of the copyright act seeks to confer powers on a police officer not below the rank of deputy superintendent of police to search and seize goods or other instruments involved in committing offence wherever found it is made incumbent on the police officer to obtain the opinion of the registrar on facts involved in the offence relating to the trade mark sub-clause (5) enables a person having an interest in any article seized to file an application to the court for restoration of such seized articles to him clause 116—where the goods are brought into india by sea, evidence of port of shipment will be prima facie evidence of the country of origin in any prosecution for an offence under the act or the customs act, 1962 this corresponds to section 90 of the existing act - clause 117—this clause empowers the court to order payment of reasonable costs by the accused to the complainant or by the complainant to the accused this is in line with section 91 of the present act clause 118—this clause seeks to enact a period of limitation for commencement of prosecution for an offence under the act, viz, before expiration of three years from the date of offence or two years after discovery thereof by the prosecutor whichever happens first this corresponds to section 92 of the act of 1958 clause 119—this clause corresponds to section 93 of the existing act and it provides that an officer of the government who is required to enforce the provisions of this chapter should not be compelled to say as to when and where he got any information in respect of the alleged offence clause 120—this clause provides that any person in india abetting the commission of any offence which, if committed in india would be an offence shall be tried for such abetment and shall be punished this corresponds to section 94 of the existing act clause 121—this clause enables the central government to issue notification as to the permissible limits of variation as regards number, quantity, measure, gauge or weight for guidance of criminal court this corresponds to section 95 of the existing act clause 122—this clause seeks to protect any thing done or intended to be done by any person in pursuance of this act in good faithclause 123—this clause states that all persons appointed under this act and every member of the board are public servants clause 124—this clause deals with circumstances in which stay of infringement proceedings can be ordered and also states that a stay of a suit for infringement of a trade mark shall not preclude the court from making an interlocutory order during the period of stay this clause is in line with section 111 of the existing act clause 125—this clause provides that in certain cases, the application for rectification of register should be made to the appellate board where in a suit for infringement of a registered trade mark, the validity of the registered trade mark is questioned, the validity of the mark is determined only on an application for the rectification of the registered trade mark made to the applellate board this corresponds to section 107 of the trade and merchandise marks act, 1958 the reference to high court is replaced by appellate board clause 126—this clause corresponds to section 96 of the existing act of 1958 it provides that on goods for sale if a trade mark or trade description is given or applied, there is implied warranty that the mark is a genuine mark clause 127—-this clause seeks to empower the registrar with powers of a civil court, including award of reasonable costs, subject to rules to be made in this behalf, except that he will have no power to award costs to any party on an appeal over the refusal of the proprietor of a certification trade mark to certify the goods this is in conformity with the provisions of section 97 of the existing act clause 128—this clause provides that the registrar has to give an opportunity of being heard to the person/persons before exercising his discretionary powers adverse to him this corresponds to'section 98 of the existing act of 1958 clause 129—this clause says that evidence before the registrar should be normally in the form of affidavit only and in addition or in lieu thereof the registrar may take oral evidence this is in line with section 99 of the trade and merchandies marks act, 1958 clause 130—this clause provides that in case of death of a party to a proceeding during the course of the proceedings, the registrar, on proof to his satisfaction may allow substitution of his successor or may allow the proceeding to continue with the surviving parties this is in conformity with the provisions of section 100 of the existing act of 1958 clause 131—this clause empowers the registrar to extend the time for doing any act, not being a time expressly provided in the act this reproduces section 101 of the existing act of 1958 clause 132—if the registrar is of the opinion that the applicant has defaulted in the prosecution of his application, he may by a notice require him to remedy the default after giving him an opportunity to be heard he may treat the application as abandoned unless the default is remedied within the time specified by him this corresponds to section 102 of the existing act clause 133—this clause states that any person proposing to apply for registration of a trade mark may request the registrar to obtain preliminary advice as to the distinctiveness of the trade mark this corresponds to section 103 of the trade and merchandise marks act, 1958 clause 134—-this clause stipulates the forum for institution of infringement proceedings, etc, to be the district court it is proposed that the term "district court having jurisdiction" would include a district court within the local limits of whose jurisdiction, the person, or one of the persons, instituting the suit or other proceedings, actually or voluntarily resides or carries on business or personally works for gain this 2 nendment would bring the trade marks law in line with the provisions contained in the copyright act, 1957 as very often a trade mark is also registered as an artistic work under the copyright act clause 135—this corresponds to section 106 of the trade and merchandise marks act, 1958 and deals with reliefs which may be granted by courts in suits for infringement it is proposed to provide expressly that the court may grant an ex parte injunction and in particular orders intended to preserve evidence or documents relating to the subject matter of the suit so that the defendant is restrained from dealing with assets in a manner which would affect the plaintiffs' ability to recover damages or other pecuniary remedies after final orders this will deter infringement activities clause 136— this clause provides that in every proceeding the registered user shall be made party to the same this is in conformity with section 114 of the existing act clause 137— this clause states that certificate issued by the registrar shall be prima facie evidence in all proceedings without further proof or production of the original this is in line with section 115 of the existing act clause 138— this clause states that registrar and other officers shall not be compelled to produce the register and other documents if the contents can be proved by the production of a certified copy they shall not be compelled to appear as witnesses to prove the matter therein unless for special cause it is ordered by the court this is in line with section 116 of the existing act clause 139— this clause includes provisions that the central government may require that goods of any class which are made outside india and imported into india or goods made and produced in india shall have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer or the person for whom the goods were manufactured clause 140— this clause states that the proprietor or a licensee of a registered trade mark may give notice in writing to the commissioner of customs to prohibit the importation of the goods if the import of such goods constitute infringement the commissioner may require the importer to produce the documents in his possession and furnish information as to the name and address of the person for whom the goods were consigned to india this is done for preventing importation of goods bearing false trade mark this is in line with section 118 of the existing act clause 141——this clause states that where in any legal proceeding for rectification of register a decision is given in favour of the registered proprietor the appellate board may grant a certificate of validity this corresponds to section 119 of the existing act with the exception that in place of high court mentioned therein the appellate board is the authority to grant the said certificate clause 142—this clause seeks to protect the persons against groundless threats of infringement by giving him an opportunity to bring a suit against the person making such threats and obtain a declaration that the threats are unjustifiable and an injunction against the continuance of the threats and recovery of damages this is in line with section 120 of the existing act clause 143—this clause deals with address for service given by the applicant or opponent by stating that this address shall be deemed to be the address of the applicant or opponent and all correspondence shall be sent to them to that address only this is in line with section 121 of the trade and merchandise marks act, 1958 clause 144—this clause states that in any suit or other proceeding evidence of the trade usage and relevant trade mark will be admitted this corresponds to section 122 of the trade and merchandise marks act, 1958 clause 145—this clause deals with agents and provide that if any act is required to be done before the registrar by any person, this may be done by him or by a legal practitioner, a trade marks agent or by his employee if he is duly authorised by him this is in line with section 123 of the trade and merchandise marks act, 1958 clause 146—this clause seeks to protect the mghts of the proprietor of a trade mark if his agent or representative attempts to register or registers the mark in his own name, without authority, the proprietor ts entitled to oppose the application or to apply for rectificaiton so as to bring him as the registered proprietor the time within which such action has to be taken is three years from the date he is aware of the conduct of the agent clause 147—this clause provides for keeping different indexes at the trade marks registry, viz indexes of registered and pending trade marks registered proprietor's index and index of registered users this is in line with section 124 of the existing act clause 148—this clasue provides for the inspection of documents by the public any member of the public may inspect these documents on payment of the fee to be prescribed and also obtain'certified copy of the entry from the register this is in line with section 125 of the existing act clause 149—this clause provides for placement before the parliament by the registrar annual reports on the execution of this act this is in line with section 126 of the existing act clause 150—this clause provides for prescribing fees for various acts to be done under this act this corresponds to section 127 of the existing act clause 151—this clause corresponds to section 128 of the trade and merchandise marks act, 1958 and provides for protecting the persons in respect of certain matters in chapter xii dealing with offences clause 152—this clause deals with the declaration of ownership of trade mark (other than a registered trade mark) not registrable under the registration act, 1908 this is in line with section 129 of the existing act clause 153—this clause states that the provisions of this act shall be binding on the government this corresponds to section 130 of the existing act clause 154—this clause provides for the declaration of any country or group of countries or union of countries or inter governmental organisations to be a convention country or group of countries or union of countries or integovernmental organisations by notification by the central government for the fulfilment of a treaty, convention or arrangement and includes provisions relating to applications for registration from citizens of convention countries this corresponds to section 131 of the existing act clause 155—this clause contains provisions as to reciprocity if any country or country which is a member of a group of a countries or union of countries or inter- governmental organisation does not accord to citizens of india the same rights as to registration and protection of trade marks as it accords to its own nationals, no national of that country or country which is a member of a group of countries or union of countries or inter-governmental organisations, as the case may be, is entitled to apply for registration of a trade mark, to apply for registration as a registered user of trade mark or to be registered as the assignee of the registered proprietor of a trade mark in india this corresponds to section 132 of the existing act clause 156—this clause empowers the central government for removing difficulties which may arise in giving effect to the provisions of the act every order of the central government under this clause is to be laid before each house of parliament this power is exercisable only for five years from the commencement of the new act clause 157—this clause empowers the central government to make rules to carry out the purposes of the new act on the various matters specified therein this mainly, corresponds to sections 133 and 134 of the existing act clause 158—this clause provides for amendment of the enactment specified in the schedule, viz, sections 20 and 22 of the companies act, 1956clause 159,—this clause deals with repeal and savings subject to clause 101, relating to transfer of pending appeals from high courts to appellate board, other legal proceedings pending before any court may be continued in that court as if the act has not been passed further, this clause seeks to safeguard existing rights to the continued use of any trade mark and save them from the expanded scope of infringement provisions, under this bill this clause further states that the trade marks registered before commencement of the act shall continue to run for the unexpired term this clausé also provides that existing defensive registered trade marks shail expire after a period of five years or after its unexpired period whichever is earlier financial memorandumin this bill, provision has been made for providing statutory protection to trade marks in relation to 'services', besides trade marks for goods which are alreadyprotected in the existing act the term 'service' has been defined in clause 2(1)(z) a number of consequential changes have been incorporated in various other clauses of the bill the number of applications for registration of trade marks and requests for searches has been steadily increasing from 24,351 in 1991-92, the requests for searches and preliminary advice have increased to 77,749 in 1997-98 during the same period the number of trade mark applications increased from 22,412 to 46,717 the work load is expected to increase from the present level of 46,712 applications for registration to 60,000 including an additional number of about 14,000 applications expected to be received on account of services for handling the additional work and for providing proper services to the customers and public, the staff and facilities of the trade marks registry will require strengthening this will include the posts of one joint registrar, one assistant registrar, one senior examiner, six examiners, two assistant examiners, two superintendents, one stenographer grade 'c', one assistant superintendent, two upper division clerks, four lower division clerks, one record keeper, two daftries and two peons for this, an estimated expenditure of rs 25 lakhs per annum as recurring expenditure and rs 5 lakhs as non-recurring expenditure towards office furniture, etc, is anticipated _ 2 clause 83 of the bill provides for establishment of an intellectual property appellate board for expeditious disposal of appeals on the decisions of the registrar and for development of sound precedents and practices in this specialized branch of law clauses 84 and 90 provide for the composition of the appellate board and the staff of the board for additional funds would be required for establishment of the office an estimated annual expenditure of about rs 25 lakhs as recurring expenditure-and rs 10 lakhs as non-recurring expenditure is envisaged for the members of the board, (including chairman and vice-chairman) and staff, setting up of office, hiring of premises, office equipments, etc 3 implementation of the provisions in clauses 3, 5, 6, 8, 20, 83, 88, 90, 147 and 148 of the bill will involve expenditure from the consolidated fund of india as most of the provisions already form part of the existing statute, only the new provisions whieh are relevant in this respect are referred to above 4 as in the existing act, the bill provides for payment of fees in respect of application and registration and other matters under the act memorandum regarding delegated legislationsub-clause (/) of clause 7 of the bill empowers the registrar to classify goods and services in accordance with the international classification of goods and services for the purpose of registration of trade marks 2 clause 157 of the bill empowers the central government to make rules to carry out the provisions of the proposed legislation sub-clause (2) of that clause enumerates the matters with respect to which the rules may be made under this clause these matters relate to, inter alia, the manner of making of applications and fee payable for such applications under this bill; the manner in which the registrar may notify a word as international nonproprietary name; the manner of advertising of an application for registration; form of certificate of registration; manner of making an application for assignment or transmission of aregistered trade mark; determination of character of textile goods by sampling; manner of authorizing any person to act and to register him as a trade mark agent; form and manner of making appeals to the appellate board and salaries and allowances payable and the other terms and conditions of service of the chairman, vice-chairman and other members, officers and other employees of the appellate board the power to make rules is, however, subject to the condition of the rules being made after previous publication 3 the aforesaid matters relate to 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 companies act, 1956(1 of 1956) provisions with respect to names of compqnies| to | be ||-------|----------|| with | undesir- || able | names |(2) without prejudice to the benerality of the foregoing power, a name which is identical with, or too nearly resefhbles, the name by which a company in existence has been previously registered, may be concerned to be undesirable by the central government within the meaning of sub-section (/) 22 (1) if, through inadvertence or otherwise, a company on its first registration or rectification of name of companyon its registration by a new name, is registered by a name which, in the opinion of the central government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this act or any previous companies law, the first-mentioned company— (a) may, by ordinary resolution and with the previous approval of the central government signified in writing, change its name or new name; and (b) shall, if the central government so directs within twelve months of its first registration or registration by its new name, as the case may be, or within twelve months of the commencement of this act, whichever is later, by ordinary resolution and with the previous approval of the central government signified in writing change its name or new name within a period of three months from the date of the direction or such longer period as the central government may think fit to allow

Parliament_bills

0bedbd63-5cb0-5e2f-8443-200e21fd8ff7

bill no 75 of 2010 the enemy property (amendment and validation) 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) act, 2010 (2) it shall be deemed to have come into force on the 2nd day of july, 2010short title and commencementamendment of section 534 of 19682 on and from the date of commencement of the enemy property act, 1968 (hereinafter referred to as the principal act), in section 5, after sub-section (2), the following shall be inserted and shall be deemed to have been inserted, namely:—'(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 governmentexplanation—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, namely:—insertion of new section 5a issue of certificate by custodian"5a the custodian may, after making such inquiry as he deems necessary, by order, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under the act and issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein"amendment 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 hereby 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,—(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"5 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, 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;"; (b) after clause (iv), the following clause shall be inserted, namely:—"(iva) secure vacant possession of the enemy property by evicting from the unauthorised or illegal occupant or trespasser and remove unauthorised or illegal constructions, if any;"6 after section 10 of the principal act, the following section shall be inserted, namely:—insertion of new section10a transfer of immovable property belonging to enemy"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, namely:—"(3) the custodian, deputy custodian or assistant custodian shall have, for the purposes of exercising powers or discharging his functions under this act, the5 of 1908same 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; (b) enforcing the attendance of any person, including any officer dealing with 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 documents"amendment 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 substituted9 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 18a income not liable to be returned"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" 10 after section 18a of the principal act, [as so inserted by section 9 of this act], the following sections shall be inserted, namely:—insertion of new sections 18b and 18c"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 custodianbar of jurisdiction of courts in matters of divestingexplanation—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 off in such manner as may be prescribed"disposal of enemy propertyvested incustodian by central governmentamendment of section 2011 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 2312 in section 23 of the principal act, in sub-section (2), after clause (d), the following clause shall be inserted, namely:—"(da) the manner of sale or disposal of the enemy property vested in the custodian under section 18c;" 13 after section 25 of the principal act, the following section shall be inserted, namely:—insertion of new section 26 validation"26 notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,—(a) the provisions of this act, as amended by the enemy property(amendment and validation) 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;(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) 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;(c) no suit or other proceedings shall, without prejudice to the generality 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) 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 the said section, as amended by the aforesaid act, was in force at all material times;(d) any transfer of any enemy property, vested in the custodian, by virtue 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) act, 2010, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the custodian under this act"14 in the public premises (eviction of unauthorised occupants) act, 1971,—amendment of act 40 of 1971(a) in section 2, in clause (e), after sub-clause (3), the following sub-clause shall be inserted, namely:—34 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; (ii) after the second proviso, the following proviso shall be inserted, namely:—34 of 1968"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"repeal and savingsord 4 of 201015 (1) the enemy property (amendment and validation) ordinance, 2010 is hereby repealed34 of 1968 40 of 1971(2) notwithstanding such repeal, 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 said ordinance, 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 various 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 various courts, the custodian has finding it difficult to sustain his actions under the enemy property act, 19683 in the above circumstances, it has become necessary to amend the enemy property act, 1968, inter alia, to clarify the legislative intention with retrospective effect 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 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 require 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 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 unauthaorised occupants from the enemy property under the custodian, it is proposed to amend the public premises (eviction of unauthorised occupants) act, 1971 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 as parliament was not in session and an urgent legislation was required to be made, the president promulgated the enemy property (amendment and validation) ordinance, 2010 on the 2nd july, 20106 the bill seeks to replace the aforesaid ordinancep chidambaramnew delhi;the 22nd july, 2010 annexure extracts from the enemy property act, 1968 (34 of 1968) 8 (2) without prejudice to the generality of the foregoing provision, the custodian or such person as may be specifically authorised by him in this behalf, may, for the said purpose,—power of custodian in respect of enemy property vested to him 17 (1) there shall be levied by the custodian fees equal to two per centum of—levy of fees(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 custodian under this act penalty20 (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 23 (1) power to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for— ————extract from the public premises (eviction of unauthorised occupants) act, 1971(40 of 1971) 2 in this act, unless the context otherwise requires,—definitions (e) "public premises" means— 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 lok sabha———————— a billfurther to amend the enemy property act, 1968 and the public premises (eviction of unauthorised occupants) act, 1971————gmgipmrnd—3218ls(s4)—27-07-2010

Parliament_bills

9ad84185-ed89-5274-bc52-e33c6a531165

bill no 212 of 2016 the central agricultural university (amendment) bill, 2016 a billfurther to amend the central agricultural university act, 1992be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the central agricultural university (amendment) act, 201640 of 1992amendment of section 252 in the central agricultural university act, 1992 (hereinafter referred to as the principal act), in section 2, in clause (l), after the word "mizoram,", the word "nagaland," shall be insertedamendment of section 63 in section 6 of the principal act, in sub-section (l), after the word "mizoram,", the word "nagaland," shall be inserted statement of objects and reasonsthe central agricultural university act, 1992 was enacted for the establishment and incorporation of a university for the north- eastern region for the development of agriculture and for the furtherance of the advancement of learning and prosecution of research in agriculture and allied sciences in that region2 however, the definition of "north-eastern region" and the jurisdiction of the central agricultural university under the said act did not cover the state of nagaland therefore, it has been decided to amend the central agricultural university act, 1992 so as to include the state of nagaland under the jurisdiction of the central agricultural university, having its headquarters at imphal3 the proposed amendments will extend the benefit of facilities provided by the central agricultural university for the development of agriculture and for the furtherance of the advancement of learning and prosecution of research in agriculture and allied sciences to the state of nagaland as being done to the other north-eastern states4 the bill seeks to achieve the above objectsnew delhi; radha mohan singhthe 29th july, 2016 lok sabha———— a billfurther to amend the central agricultural university act, 1992————(shri radha mohan singh, minister of agriculture and farmers welfare)gmgipmrnd—2051ls(s3)—01082016

Parliament_bills

07ff3b4a-a5fb-5df4-93ee-ef90b0b83e07

bill no 40 of 2009 the old age pension and rehabilitation bill, 2009 by shri adhir ranjan chowdhury, mp a billto provide for payment of pension and provision of other rehabilitation facilities to old personsbe it enacted by parliament in the sixtieth year of republic of india as follows:—1 (1) this act may be called the old age pension and rehabilitation act, 2009 (2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the state government and in all other cases, the central government; and| ( ||----------------------------------------------------------------------|| or more and who has no independent and adequate means of livelihood || 5 |3 (1) every old age person shall, on an application made in the prescribed form, be paid rupees five hundred per mensem as pension, by the appropriate governmentpension to old age persons(2) the pension payable shall be subject to alteration on the basis of the prevailingcost of living index as may be determined by the central government10(3) the pension referred to in sub-section (1) shall be disbursed to old persons, by theappropriate government through government treasury or any branch of nationalized bank as may be prescribed by the central government4 the infirm from amongst the old persons shall be accommodated in "old persons home" to be set up in every district by the appropriate governmentfacilities for infirm persons15facilities to old persons5 it shall be the responsibility of appropriate government in their respectivejurisdictions to provide to old persons,—(a) free medical aid in government hospitals and other nearest dispensariesrecognized by the government; and(b) residential accommodation free of cost206 (1) the central government shall set up a fund to be known as the "old persons welfare fund" to carry out the purposes of this actsetting up of old persons welfare fund(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 agency25expenses to be met out of the fund7 the expenses incurred on providing the old persons with pension and otherrehabilitation facilities provided under this act shall be met out of the fund constituted under section 6power to make rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30 35(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit is customary in our country for every indian to look-after his aged parents but now the economic conditions are such that it is not possible for the low income persons to support them today we find millions of old persons who are unable to take care of themselves or who do not have sufficient means or any support to lead a happy life these people, who are without any source of income, live in hunger and are left uncared for the majority of the aged are still left to fend for themselves out country, being a welfare state, should provide social security to such old and infirm personsthe bill seeks to give impetus to the new social order and seeks to provide pension, medical and residential facilities to old personsnew delhi;adhir ranjan chowdhuryjune 18, 2009 financial memorandumclause 3 of the bill provides for the payment of pension at the rate of rupees five hundred per month to such old persons who have attained the age of sixty years or more and who have no independent and adequate means of livelihood clause 4 provides that infirm persons from amongst the old persons shall be accommodated in old persons homes to be set up in every district clause 5 provides for medical aid and residential facilities free of cost to old persons clause 6 provides for the constitution of old persons welfare 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 one thousand crores is likely to be involved from the consolidated fund of indiaa non-recurring expenditure to the tune of about rupees ten crores will also be involved at the initial stage memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for payment of pension and provision of other rehabilitation facilities to old persons————(shri adhir ranjan chowdhury, mp)gmgipmrnd—2503ls(s5)—06-07-2009

Parliament_bills

a23f5277-0eec-583f-a14a-94f45acb2e4e

bill no 67 of 2007 the national commission for farmers bill, 2007 byshri ram kripal yadav, mp a billto provide for the setting up of a national commission for farmers for their welfare and overall development and for matters connected therewithbe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the national commission for farmers act, 2007(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(i) "commission" means the national commission for farmers set up under section 3;(ii) "farmer" means any person who cultivates land or causes to be cultivatedthereon any agricultural or horticultural product; and(iii) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, set up a commission to be known as the national commission for farmersnational commission for farmers(2) the commission shall consist of:5(i) a chairman having special knowledge in the field of agriculture, to be appointed by the central government; and(ii) such number of other members having such qualification as may be prescribed (3) the conditions of service, salaries and allowances of chairman and other members of the commission shall be such as may be prescribed104 the central government shall make available such number of officers and staff including experts to the commission as may be required for its functioningcentral government to provide officers and staff for the commission5 the commission shall perform the following functions:—functions of the commission(i) formulate a national policy for the overall development of farmers in the country;15(ii) formulate schemes and programmes for the welfare of farmers particularly those living in drought prone areas and other areas prone to natural calamities;(iii) formulation and implementation of schemes for the welfare of farmers; and (iv) such other functions as may be assigned to it by the central governmentfarmers development fund206 (1) the central government shall set up a fund to be known as the farmers development fund to implement the provisions of this act(2) the central government and state governments shall contribute to the fund in such ratio as may be prescribedpower to make rules7 the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act statement of objects and reasonsagriculture is the backbone of indian economy, as it is a major contributor to the gross domestic product (gdp) of our country and seventy percent of our population is dependent on this sector for its livelihood agriculture is also important as it ensures food security and is a major source of raw materials for the industrial sector however, in the recent years this vital sector of our economy has remained neglected farmers have borne the brunt of this neglect and it has resulted in a spate of suicides by farmers across the country the major reason of this being indebtedness, crop failure, poor quality of seeds, spurious pesticides, plant diseases and natural calamities like floods, drought, hailstorms, frosts, etc on the other hand even if there is a bumper crop, farmers fail to get remunerative price on account of shortcomings of and irregularities committed by state procurement agencies there are also several infrastructural constraints in storage, distribution and marketing of agricultural produce at present there is no government policy comprehensively addressing the hardships faced by the farmers although both the central and state governments spend huge sums every year to compensate farmers by way of relief, such measures have remained inadequate, primarily due to lack of coordinated efforts on part of the states and union government consequently, the plight of farmers in the country has remained largely unaddressed thus, there is need to provide due security and protection to farmers the bill seeks to establish a national commission for farmers while the commission is to function in general for the protection, benefit and welfare of the farmers, it shall also formulate schemes for the benefit and welfare of the farmers this measure would have considerable and positive impact on the economic progress of the country in general and the agricultural sector in particularhence this billnew delhi;ram kripal yadavaugust 3, 2007 financial memorandumclause 3 of the bill provides for the setting up of a national commission for farmers clause 4 provides that the central government shall make available necessary officers and staff for the efficient functioning of the commission clause 6 provides for the creation of a farmers development fund the bill, therefore, if enacted, is likely to involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees two hundred crore will be involveda non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to frame rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for the setting up of a national commission for farmers for their welfare and overall development and for matters connected therewith————(shri ram kripal yadav, mp)mgipmrnd—3211ls(s-3)—20082007

Parliament_bills

7d0ec240-edd2-505d-982b-f69b40be323f

the delhi development bill, 1957( as be introduced in lok sabha ) contents chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter iithe delhi development authority and its objects 3 the delhi development authority 4 staff of the authority 5 advisory council 6 objects of the authority chapter iii master plan and zonal development plans7 civic survey of, and master plan for delhi 8 zonal development plans 9 submission of plans to the central government for approval 10 date of operation of plans chapter iv development of lands11 declaration of development areas and development of land in those and other areas 12 applicatiop for permission cha~ter v acquisition and disposal of land1a compulsory acquis'ition of land 14 compensation for com~ulsory acquisition of land 15 appeal to the district judge against decision of the collector 16 disputes as to apportionment of the compensation 17 payment of compensation or deposit of the same in court clauses18 investment of the amount of compensation deposited in court 19 disposal of land by the authority 20 nazul lands chapter vi finance, accounts and audit21 fund of the authority 22 budget of the authority 23 accounts and audit 24, annual report 25 pension and provident fund chapter vii supplemental and miscellaneous provisions26 powers of entry 27 penalties 28 order of demolition of building 29 power of authority to stop building openations 30 offences by companies 31 fines when realised to be paid to authority 32 composition of offences 33 default powers of authority 34 power of authority to require local authority to assume responsibility for amenities in certain cases 35 power of authority to levy betterment charges 36 control by central govei'll;ment 37 38 39 40 41 42 43 " 44 returns and information service of notices, etc public notice how to be made known notices, etc, to fix reasonable time authentication of orders gnd documents of the authority members and officers to be public servants jurisdiction of courts sanction of prosecution magistrat~'s power to impose enhanced penalties protection of action taken in good faith 45 46 clauses47 power to delegate 48 act to over-ride other laws 49 savings 50 plans to stand modified in certain roses 51 power to make rules 52 power to make regulations 53 laying of rules and regulations before parliament 54 dissolution of the authority 55 repeal, etc, and savings the delhi development bill, 1957 (to be introduced in lok sabha) a billfo provide for the development of delhi according to plan and 10'f' matters ancillary thereto be it enacted by parliament in the eishth year of the republto qf india aj; follows:-chapter i priliminary s 1, (/) this act may be called the delhi development act, 1~57 short title, (2) it extends to the whole of the union territory of delhi :e-=-(3) it shall come into force on such d~~e as the central govern- mont ment may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-definitions 10 (a) "amenity" includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the central government may, by notification in the ofbclal gazette, specify to be an amenity for the purposes of this act; (b) "building" includes any structure or erection or part of i~ a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not; (c) "building operations" includes rebuilding operations, structural alterations of or additions to buildings and other 20 operations normally undertaken in connection with the construction of buildings; (d) "development" with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment; (e) "development area" means any area declared to be a 5 development area under sub-section (1) of section 11; (f) "engineering operations" includes the formation or laying out of means of access to a road; (g) "means of access" includes any means of access whether private or public, for vehicles or for foot passengers, and in- fo eludes a road; (h) "regulation" means a regulation made under this act by the delhi development authority constituted under section 3; (i) "rule", means a rule made under this act by the central government; (j) "to erect" in relation to any building has the same meaning as the expression "to erect or re-erect" in clause (5) of section 3 of the punjab municipal act, 1911; and punjab a'i 3 of 1911, (k) "zone" means anyone of the divisions in which delhi may be divided for the purposes of development uncier this act 20 chapter n the delhi development authority and its objectsthe delhi 3 (1) as soon as may be after the commencement of this act; the =;nent cent~ai government shall, by notification in the official gazette, y constitute for the purposes of this act an authority to be called- the 25 delhi development authority (hereinafter referred to as the autbority) (2) the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable 30 and to contract and shall by the said name sue and be sued (3) the authority shall consist of the following members, namely:-(a) a chairman who shall be the administrator of the union territory of delhi, ex-officio;' 35 (b) a vice-chairman to be appointed by the central government from amongst officers of that government; (c) a finance and accounts member to be appointed by tht: central government; (d) an engineer member to be appointed by the central government; (e) two representatives of the municipal corporation of delhi to be selected by the councillors of the corporation from 5 among themselves; and (f) the commissioner of the municipal corporation of delhi, ex-officio (4) the vice-chairman, the finance and accounts member and the engineer member shall be whole-time paid members of the autho-10 rity and shall be entitled to receive from the funds of the authority such salaries and such allowances, if any, and governed by such conditions of service as may be determined by rules made in this behalf i (5) a representative of the municipal corporation of delhi elect 15 ed under clause (e) of sub-section (3) may be paid from the funds of the authority such allowances, if any, as may be fixed by the central "government in this behalf (6) the vice-chairman, the finance and accounts member and the engineer member shall hold office during the pleasure of the central 20 government (7) save as provided in sub-section (8) a representative of the municipal corporation of delhi shall hold office for a term of three years from the date of his election to the authority and shall be eligible for re-election: 2s provided that such term shall come to an end as soon as he ceases to be a councillor of the said corporation (8) a representative of the municipal corporation of delhi elected under clause (e) of sub-section (3) to fill a casual vacancy shall conti1'l:ue in office for the remainder of the term of the member 30 in whose place he is elected (9) a member other than an ex-officio member may resign his office by writing under his hand addressed to the central government but shall continue in office until his resignation is accepted by that government 35 (10) no act or proceedings of the authority shall be invalid by reason of the existence of any vacancy in, or defect in the constitution of, the authority 4 (1) the central government shall appoint two suitable per- stalfoltls_ sons respectively as the secretary and the chief accounts officer of authority 40 the authority who shall exercise such powers and perform such 1170 ls-2 - duties as may 'be prescribed by regulations or delegated to them by the authority or the chairman (2) subject to such control and restrictions as may be prescribed by rules, the authority mayappoinf such number of other officers and employees (including experts for technical work) as may be s necessary for the ~fticient performance of its functions and may determine their designations and grades (3) the secretary, chief accounts officer and other officers and employees of the authority shall be entitled to receive from the funds of the authority such salaries and such allowances, if any, 10 and shall be governed boy such conditions of service as may be determined by regulations made in this behalf adviloi)' council 5 (1) the authority shall, as soon as may be, constitute an advisory council for the purpose of advising the authority on the preparation of the master plan and the zonal development plans and is generally on the planning of development of delhi and on such other matters arising out of, or in connection' with, the administration of this act as may be referred to it by the authority (2) the advisory council shall consist of the following members, namely:-20 (a) the chairman of the authority, ex-officio, who shall b~ the president; (b) two persons with knowledge of town planning or architecture to be nominated by the central government; (c~ one representative of the' health services of delhi 25 administration to be nominated by the central government; -(d) four representatives of the municipal corporation of delhi'to be elected by the councillors from among themselves; (ej three persons representing the delhi electric supply committee, the delhi transport committee and the delhi water 30 supply and sewage disposal committee of the said corpora tion, of whom-(i) one shall be elected, by the members of the delhi electric supply committee from among themselves; (ii) one shall be elected by the members of the delhi 3s transport committee from among themselves; and , ' ~ : (iii)'bne shall be elected by the members of the delhi water supply rnd sewage disposal committee from among themselves ' (f) three persons to be nominated by the central government of whom one shall represent the interests of commerce and industry and one, the interests of labour, in delhi; (g) 'four persons from the technical departments of the central government to be nominated by that government; and 10 (h) three members of purliament of whom two shall be members of the house of the people and one shall be a member of the council of states to be elected respectively by the members of the house of the people and the members of the councl1 of states (3) the council shall meet as and when required to do so by the authority and shall have the power to regulate its own procedure (4) an elected member shall hold office for a term of three years from the date of his election to the council and shall be eligible for is re-election: provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected 6 the objects of the authority shall be to promote and secure ~bj:\t8hf 20 the development of delhi according to plap and for that purpose the ~~ ut 0-authority shall have the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with supply of water and -electricity, disposal of sewage and other services and 25 amenities and generally to do anything necessary or expedient fof' purposes of such development and for purposes incidental thereto: provided that save as provided in this act, nothing contained in this act shall be construed as authorising the disregard by the authority of any law for the time being in force charter iii master plan and zonal development plans7 (1) the authority shall, as soon as may be, ~arry out a civic civic s'u1'wj 'f d 't 1 f d' lhi of and survey 0 ,an preijll'e q mas er p an or, e muter plan h i h 11" for, de1bi (2) t e master pans a -" 3' (a) define the various zones into which delhi may be divided fo, the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or ot~erwfse) and the stages by which any iiiucp development shall be oarried out; and (b) serve as a basic pattern of frame-work within which the zonal development plans of the various zones may be prepared 8 (1) simultaneously with the preparation of the master plan or as soon as may be thereafter, the authority shall proceed with the preparation of a zonal development plan for each of the zones into which 5 delhi may be divided (2) a zonal development plan shall-(a) contain a site-plan and use-plan for the development of the zone and show the approximate locations and extents of landuses proposed in the zone for such things as public buildings and 10 other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses; (b) specify the standards of population density and building density; 15 (c) show every area in the zone which may, in the opinion of the authority, be required or declared for development or redevelopment; and (d) in particular, contain provisions regarding all or any of the following matters, namely:- 20 (i) the division of any site into plots for the erection of buildings; :: (ii) the allotment or reserwtion of land for roads, open spaces, gardens, recreation grounds, schools, markets and ,other public purposes; 2s , r (iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out; (iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be 30 maintained in or around buildings and height and character of buildings; (v) the alignment of buildings on any site; ,':: ,-~ -(vi) the architectural features of the elevation or front- age of any building to be erected on any site; 35 ~ '( ' (vii) the number of residential buildings which may be erected on any plot or site; (viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided; (lx) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality; s (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and 10 (xii) any other matter which is necessary for the proper development of the zone or any areas thereof according to plan and for preventing buildings being erected haphazardly in such zone or area 9 (1) in this section and in sections 10 and 11, the word "plan" ~f~~:~~fhe 15 means the master plan as well as the zonal development plan for a central government for approval zone (2) every plan shall, as soon as may be after its preparation, be submitted by the authority to the central government for approval and that government may either approve the plan without 20 modifications or with such modifications as it may consider necessary or reject the plan with directions to the authority to prepare a fresh plan according to such directions 10 immediately after a plan has been approved by the central date of government, the authority shall publish in such manner as may be °f:~:~ion of 25 prescribed by regulations a notice stating that a plan has been ap- p proved and naming a place where a copy of the plan may be inspected at a reasonable hours and upon the date of the first publication of the aforesaid notice the plan shall come into operation chapter iv development of lands11 (1) as soon as may be after the commencement of this act the declaration central government after consultation with the authority and the ~e~~~~~­municipal corporation of delhi, may, by notification in the official and develop- - ment of land gazette, declare any area in delhi to be a development area for the in those and 35 purposes of this act other areas (2) save as otherwise provided in this act, the authority shall -not undertake or carry out any de",elopment of land in any area which is not a development area (3) ~fter the commencement of this act but before the comng into operation of any of the plans in a zone no development of land in any development area in the zone shall be undertaken or carried out by any person or body (including a development of government) unless permission for such development has been obtained in writ-s lng from the authority (4) after the coming into operation of any of the plans in a zone no development of land shall be undertaken or carried out-(a) in any development area in the zone-(j) by the authority itself except in accordance with 10 such plans; (2) by any person or body (including a department of governemnt)-(i) except in accordance with such plans; and (ii) unless permission for 'such development has is been obtained in writing from the authority; (b) in any area other than a development area in the, zone, by any person or body (including a department of government) except in accordance with such plans (5) notwithstanding anything contained in sub-sections (3) and 20 (4) development of any land begun by any department of government before the commencement of this act may be completed by that department without compliance with the requirements of those sub-sections application for pennislio,l 12 (1) every person or body (including a department of govern- 2s ment) desiring to obtain the permission referred to in section 11 shall make an application in writing to the authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by regulations (2) every application under sub-section (1) shall be accompanied 30 by such fee as may be prescribed by rules: provided that no such fee shall be necessary in the case of an application made by a department of the government (3) on the receipt of an application for permission under subsection (1), the authority after making such inquiry as it considers 35 necessaz:y in relation to any matter specified in clause (d) of subsection' (2) of section 8 or in relation to any other matter, shall by order in writing, either grant the permission, subject to such conditions, if any, as may be spe~ified jn the order or refuse to grant such permission: ,,0 provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused (4) where permission is refused, the grounds of such refusal shall 5 be communicated to the applicant in the manner prescribed by regulations (5) the authority shall keep in such form as may be prescribed by regulations a register of applications for permission under this section 10 (6) the said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as 15 may be prescribed by regulations (7) wnere permis;;ion is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the authority may, on an application for refund being made within 20 three months of the communication of the grounds of the refusal under sub-section (-1) direct refund of such portion of the fee as to it may seem proper in the circumstances of the case chapter v acquisition and disposal of land25 13 (1) if any land is required by the authority for purposes of comp,:,lsory development or any other functions of the authority under this act, ~~~~10n the authority may acquire such land by publishing in the official gazette a notice specifying the particular purpose for which such land is required and stating that the authority has decided to ac-30 quire the land in pursuance of this section (2) before publishing such notice, the authority shall call upon the owner of the land and any other person who in the opinion of the authority may be interested therein, to show cause why the land should not be acquired 35 (3) after considering the cause, if any, shown by the owner of the land and by any other person interested therein and after giving such owner and person an opportunity of being heard, the authority may pass such orders as it deems fit (4) when a notice under sub-section (1) is published in the 040 official gazette, the land shall on and from the date of such publication, vest absolutely in the authority free from all encumbrances compensation for compulsory acquisition ofland 14 (1) where any land is acquired by the authority under this act, the authority shall pay for such acquisition, compensation the amount of which shall be determined in accordance with the provisions of this section (2) where the amount of compensation can be determined by 5 agreement between the authority and the person to be compensated, it shall be determined in accordance with such agreement (3) where no such agreement can be reached, the authority shall refer the case to the collector for determination of the amount of compensation to be paid for such acquisition as also the person 10 or persons to whom such compensation shall be paid (4) before finally determining the amount of com~nsation, the collector shall give an opportunity to every person to be compen sated to state his case as to the amount of compensation (5) in determining the amount of compensation, the collector js shall be guided by the following principles, namely:-(a) no allowance shall be made on account of the acquisition being compulsoij:; (b) the value of the land shall, subject as hereinafter provided, be taken to be the amount which the land if· sold in the 20 optm market by a willing seller might be expected to realise: provided that the collector shall be entitled to consider all returns and assessments of capital value for taxation made or acquisced in by the person to be compensated (c) the value of the land under clause (b) shall be deter- 25 mined on the assumption that permission for development under this act would be granted only for development within the range of existing use of the land at the time of its acquisition and would not be granted for any other development; (d) the special suitability or adaptability of the land for 30 any purpose shall not be taken into account if that purpose it a purpose to which it would be applied only in pursuance of statutory powers, or for which there is not a market apart from the special needs of a particular purchaser or the requirements of any department of government or any local or public authority 35 (e) where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises, or to public health, the amount of that increase shall not be take!}' into account (6) for the purpose of determining the amount of compensation-s (a) the collector shall have the power to require any per-ion to deliver to him such returns and assessments as he con siders necessary; (b) the collector shall also have the power to require any person known or believed to be interested in the land to deliver 10 to him a statement containing, as far as may be practieable, the name of every other person having any interest in the land as co-owner, mortgagee, tenant or otherwise, and the nature of such interest, and of the rents and 'proftts (if any) received or receivable on account thereof for three years next preceding 15 the date of the statement (1) every person required to deliver a return, assessment or statement under sub-section (6) shall be deemed to be legally bound to do so, within the meaning of section 175 and section 176 of the indian penal code 20 (8) the collector may hear expert witnesses if it be necessary to do so in any particular case (9) the collector shall be entitled to enter on and inspect any land which is the subject of proceedings before him (10) the collector shall dispose of every case referred to him 25 under sub-section (3) for determination of compensation as expeditiously as possible and in any case within such time as may be prescribed by rules (11) the collector shall determine the amount of costs incurred in any case disposed of by him under this section, and by what 30 persons and in what proportions they are to be paid 15 (1) any person aggrieved by the decision of the collector appeal to determining the amount of compensation may within sixty days from the diltrict , the date of such decision appeal to the court of the district judge =mat deci- (j of delhi lion of the ~ eouoctor ' 3s (2) the decision of the court of the district judge on such appeal, and subject only to such decision, the decision of the collector determining the amount of compensation shall be final and hall not be questioned in any court 1170 ls-3 l •• ___ - "_ ••• , oiaputeaas to'apportionment of the compelsat ion 16 if any dispute arises 'as to the apportionment of compensation among persons claiming to be entitled thereto the authority shall refer such dispute for the decision of the court of the district judge of delhi and the decision of that court thereon shall be fina1 payment of 17 (1) where the amount of compensation is determined by s =~:~_ agreement, the authority shall pay such amount to the person or lit of tile persons entitled thereto liame in court (2) where the amount of compensation is determined by the collector under the provisions of section 14, the authority shall tender payment of the compensation determined to the persons en- 10 titled thereto according to such determination and shall pay to them unless prevented by some one or more of the contingencies mentioned in the next sub-section (3) if the persons entitled to compensation according to the decision of the collector do not consent to receive it, or if there be 15 no person competent to alienate the land or if there be any dispute as to the title to recieve the compensation, the authority shall deposit the amount of the compensation in the court of the district judge of delhi: provided that any person admitted to be interested may receive 20 such payment under protest as to the sufficiency of the amount of, compensation: provided further that nothing herein contained shall affect the liability of any person who may receive the whole or any part of any compensation determined under this act, to pay the same to the 25 person lawfully entitled thereto investment 18 where any amount of compensation has been deposited in ' :~!~~=;_ court under section 17, the court may either of its own motion or on enllation the application made by or on behalf of any party interested or =ited in claiming to be interested in such amount, order the same to be 30 invested in such government or other approved securities as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit therefrom as they might have had from the land in respect 35 whereof such amount has been deposited or as near thereto as may be disposal of 19 (1) subject to any directions given by the central governland by the ment under this act, the authority may dispose of-authority (a) any land acquired by it without undertaking or carry- 40 ins out any development thereonj or (b) any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such convenants and conditions as it considers expedient for securing the develop-s ment of delhi according to plan (2) the powers of the authority with respect to the disposal of land acquired by it under this act shall be so exercised as to secure, so far as practicable, that persons who are living or carrying on business or other activities on land so acquired shall, if they desire 10 to obtain accommodation on land belonging to the authority and are willing to comply with any requirements of the authority as to its development and use, have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been is acquired from them: provided that where the authority proposes to dispose of by sale any land without any development having been undertaken or carried out thereon, it shall offer the land in the first instance to the persons from whom it was acquired, if they desire to purchase it 20 subject to such requirements as to its development and use as the authority may think fit to impose (3) nothing in this act shall be construed as enabling the authority to dispose of land by way of gift, mortgage or charge, but subject as aforesaid reference in this act to the disposal of land 25 shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation qf any easement right or privilege or otherwise - 20 (1) the central government may, by notification in the nazullands official gazette and upon such terms and conditions as may be 30 agreed upon between that government and the authority, place at the disposal of the authority all or any developed and undeveloped lands in delhi vested in the union (known and hereinafter referred to as "nazul lands") for the purpose of development in accordance with the provisions of this act 35 (2) no development of any nazul land shall be undertaken or carried out except by, or under the control and supervision of, the authority after such land has been placed at the disposal of the authority under sub-section (1) (3) after any such nazul land has been developed by, or under 40 the t!ontrol and supervision of, the authority it shall be dealt with by the authority in accordance with rules made and directions given by the central government in this behalf (4) if any nazul land placed at the disposal of the authority under sub-section (1) ~ fequifed ~ any ttaw u1~ by ~ central government, the authority shall, by notification in the official gazette, replace it at the disposal of that government upon such terms and conditions as may be agreed upon between that government and the authority chapter vi finance accounts and auditfund of the 21 (1) the authority shall have and maintain its own fund to a"thority which shall be credited-(4) all moneys received by the authority from the central government by way of grants, loans, advances ar other- 10 wise; (b) all fees and charges received by the authority under this act; (c) all moneys received by the authority from the disposal of lands, buildings and other properties, movable and immov- is able; and ' (d) all moneys received by the authority by way of rents and profits or in any other manner or from any other source (2) the fund shall be applied towards meeting the expenses incurred by the authority in the administration of this act and for no 20 other purposes (3) the authority may keep in current account of the state bank of india or any other bank approved by the central government in this behalf such sum of money out of its fund as may be' prescribed by rules and any money in excess of the said sum shall 25 be invested in such manner as may be approved by the central government (4) the central government may, after due appropriation made by parliament by lew in this behalf, make such grants, advances and loans to the authority as that government may deem necessary 30 for the performance of the functions of the authority under this act; and all grants, loans and allowances made shall be on such terms and conditions as the central government may determine ~t of %2 the authority shall prepare in such form and at such time :~ uthori- every year as may be prescribed by rules a budget in respect of the 35 financial year next ensuing showing the estimated receipts and expenditure of the authority and shall forward to the central government such number of copies thereof as may be prescribed by rules wxiounu and 23 (1) the authority shall maintain proper accounts and other 4q udit relevant records and prepare an annual statement of a~ounts in-ci\j,4ine the balance-sheet in such form as the central government may by rules prescribe in consultation with the comptroller and auditor general of india (2) the accounts of the authority shall be subject to audit annually by the comptroller and auditor general of india and any ex-5 penditure incurred by him in connection with such audit shall be payable by the authority to the comptroller and auditor general of india (3) the comptroller and auditor general of india and any per- son appointed by him in connection with the audit of accounts of the 10 authority shall have the same right, privilege 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 15 papers and to inspect the office of the authority (4) the accounts of the authority 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 20 shall cause a copy of the same to be laid before both houses of parliament 24 the authority shall prepare for every year a report of its annubi activities during that year and submit the report to the central gov- report ernment in such form and on or before such date as may be pres-25 cribed by rules, and that government shall cause a copy of the report to be laid before both houses of parliament 25 (1) the authority shall constitute for the benefit of its whole- pens!don and provl cnt time paid members and of its officers and other employees in such fund manner and subject to such conditions, as may be prescribed by 30 rules,such pension and provident funds as it may deem fit (2) where any such pension or provident fund has been 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 fund chapter vii 3s supplemental and miscellaneous provisions26 the authority may authorise any person to enter into or powers or upon any land· or building with or without assistants or workmen entry for the purpose of-(a) making any enquiry, inspection, measurement or survey or taking l~vels of such land or building; (b) examining works under construction and ascertaininl course of sewers and drains; the (c) digging or boring into the sub-soil; (d) setting out boundaries and intended lines of work; (e) making such levels, boundaries and lines by placing s marks and cutting trenches; (f) ascertaining whether any land is being or has been developed in contravention of the master plan or zonal development plan or without the permission referred to in section 11 or in contravention of any condition subject to which such 10 permission has been granted; or (g) doing any other thing necessary for the efficient administration of this act: provided that-(i) no such entry shall be made except between the hours 15 of sunrise and sunset and without giving reasonable notice to the occupier or if there be no occupier, to the owner of the land or building; (ii) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or build- 20 ing; (iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered 25 penalties 27 (1) any person who whether at his own instance or at the instance of any other person or any body (including a department of government) undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission referred to in section 11 or in contravention of 30 any condition subject to which such permisljion has been granted, shall be punishable with fine which may extend to ten thousand rupees, and in the case of a continuing offence, with further ftne which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commis- 35 sion of the offence (2) any person who obstructs the entry of a person authorised under section 26 to entel' into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or wtth ~~ wllich may 4q ~ to oqe thaunnd rupees, of with both 28 (1) where th~ erection of any building has been commen~ orcir:t'of and completed in contravention of the master plan or zonal develop- ~~=~ ment plan or without the permission referred to in section 11 or in contravention of any condition subject to which such permission has s been granted, any officer of the authority empowered by it in this behalf may, in addition to any prosecution that may be instituted under this act, make an order directing that such erection shall be demolished by the owner thereof within such period not exceeding two months as may be specified in the order, and on the failure of the 10 owner to comply with the order, the officer may himself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue: provided that no such order shall be made unless the owner has been given an opportunity to show cause why the order should, ,,~t is be made " (2) any person aggrieved by an order under sub-section (1) may appeal to the chairman of the authority against that order within thirty days from the date thereof; and the chairman may after hearing the parties to the appeal either allow or dismiss the appeal " 20 or may reverse or vary any part of the order ' (3) the decision of the chairman on the appeal and subject only to such decision the order under sub-section (1), shall be final and shall not be questioned in any court 29 (1) where the erection of any building has been commenced power of 2, as described in section 28 but has not been completed, the authority ~~th:~~~~~~ may, in addition to any prosecution that may be instituted under ot!rations this act, make an order requiring the building operations in relation to such erection to be discontinued on and from the date of the service of the order 30 (2) any person failing to comply with an order under sub-section (1) shall be punishable with fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order (3) no compensation shall be claimable by any person for any 35 damage which he may sustain in consequence of the discontinuance of the erection of any building 30 (1) if the person committing an offence under this act is a ofl'cncc~ by th ff ted compllnje8 company, every person, who, at the bme e 0 ence was commit was incharge of, and was responsible to, the company for the conduct 40 of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shan· be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall redder any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such oftence (2) notwithstanding anything contained in sub-section (1) where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such 10 director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation-for the purpose of this section-(a) "company" means a body corporate and includes a firm 15 or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm pines when 31 all fines realised in connection with prosecutions under this =~s:- to be act shall be paid to the authority 20 authority compoaition of offences 32 (1) the authority or any person authorised by it by general or special order in this behalf may either before or after the institution of the proceedings compound any offence made punishable by or under this act , (2) where an offence has been compounded, the offender, if in 25 custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded defaull poweraof authority 33 (1) if the authority after holding a local inquiry or upon report from any of its officers or other information in its possession is satisfied that the owner of any land in a development area has failed 30 to carry out any development of the land which in the opinion of the authority ought to be carried out or for which permission has been obtained under this act, it may serve upon the owner a notice requiring him to carry out the development within such time as may be specified in the notice 35 (2) if such development is not carried out within the time specified in the notice, then, the authority may itself carry it out or have it carried out through such agency as it deems 1\t (3) all expenses incurred by the authority or the agency employed by it in carrying out the development together with interest 40 at such rate as the central govemment may by order fix, from the date when a demand for the expenses is made until payment may be recovered by the authority from the owner as arrears of land revenue 34 where any area has been developed by the authority, the power of s authdrity may require the local authority within whose local limits ~~~~~l the area so developed is situated, to assume responsibility for the authc'rity to t f h h h h assume resmam enance 0 t e amenities w ic ave been provided in the area ponsibility , by the authority and for the provision of the amenities which have f~r ~oni­not been provided by the authority but which in i~s opinion should :'~!fn 10 be provided in the area, on terms and conditions agreed upon be cases tween the authority and that local authority; and where such terms and conditions cannot be agreed upon, on terms and condition settled by the central government in consultation with the local authority on a reference of the matter to that government by the autho-is rity 35 (1) where as a consequence of any development having been power?f authority to carrled out by the authority in any area, the value of any property levy hotterin that area has increased or is likely to increase, the authority shall mont charbe entitled to levy upon the owner of the property an annual better- los 20 ment charge for such term of years and at such percentage of the increase in value not exceeding ten per cent, as may be ftxed by rules made in this behalf: provided that the aggregate amount of the charge so levied shall not exceed one-half of the maximum increase in value during the 2s aforesaid term of years as fixed hereunder (2) the levy of the betterment charge shall, in respect of each property be governed by the following principles, namely:-(a) the market value of the property on the date of commencement of the development in the area shall be estimated without any reference to that development; (b) for each ftnancial year succeeding the year in which the development is commenced by the authority, its market value on the 1st of april of that financial year shall be ascer-tained by the chairman of the authority; 35 (c) if in any ftnancial year the market value as ascertained under clause (b) does not exceed the market value as ascertained under clause (a), no betterment charge shall be levied on the property for that year; (d) if in any financial year the market value as ascertained unaler clause (b) exceeds the market value as ascertained under 40 1170 ls-4 clause (a), the authority shall levy a betterment charge on the diaerence between the two according to the percentage fixed by rules made in this behalf (3) in ascertained the market value of a property under clause (a) or clause ('b) of sub-section (2), the value of buildings or other 5 works erected or in the course of erection on such property shall not be taken into consideration (4) the betterment charge levied under this section shall be payable in such number of instalments and each instalment shall be' payable at such time as may be fixed by rules made in this 10 behalf (5) any arrear of the betterment charge shall be recoverable as an arrear of land revenue controi by 36 (1) the authority shall carry out such directions as may be centrll go- issued to it from time to time by the central government for the is venudcnt efficient administration of this act (2) if in, or in connection with, the exercise of its powers and discharge of its functions by the authority under this act, any dispute arises between the authority and the central government the decision of the central government on such dispute shall be final 20 return and 37 the authority shall furnish to the centrel government such information reports, returns and other information as that government may from time to time require service of notices, etc '38 (1) all notices, orders and other documents required by this act or any rule or regulation made thereunder to be served upon 25 any person shall, save as otherwise provided in this act or such rule or regulation be deemed to be duly served-(a) where the person to be served is a company if the document is addressed to the secretary of the company at its registel'ed office or at its principal office or place of business and is 30 either-(i) sent by registered post, or (ii) delivered at the registered office or at the principal mbce or place of business of the company; (b) where the person to be served ~s a partnership, if the 35 document is addressed to the partnership at its princfpal place of business, identifying it by the name or style under which itlbusiness ilt carried on" and is either:-(i) lent by r~iltered post,or (ii) delivered at the said place of business; (c) where the person to be served is a public body or a eorporation m society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either-(i) sent by registered post, or (ii) delivered at that ofllce; "(d) in any other case, if the document is addressed to the person to be served and-10 (i) is given or tendered to him, or (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the union territory of delhi or is given or tendered to some adult member of his family or is affixed ] 5 on some conspicuous part of the land or building to which it relates, or (iii) is sent by registered post to that person (2) any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed 20 "the owner'" or "the occupier", as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served-(a) if the document so agdressed is sent or delivered in accordance with clause id) of sub-section (1); or 25 ~b} if tjae docunumt so addressed or a copy thereof so addressed, is delivefed to som~ person on the land or building or, where there is no person on the land or building to whom it ean' be delivered, is eilxed to some conspicuous part of the land or building 30 (3) where a document is served on a partnership in 'accordance with this section, the document shall be deemed to be served on each partner (4) for the purpose of enabling any doc\lftlent to be served on the owner of any property the secretary to the authority may by 35 notice in writing require the occul>ier (if any) of the property to sta~ the name and address of the owner thereof (5) where the person on whom a document is to be served is a miidm, the service upon his guardian or any adult member of his family shall be_ deemed· to be service upon the minor (6) a servant is not a member of the family within the meaning of this section t~~~o n~tic:c 39 every' public notice given under this act shall be in writing made known over the signature of the secretary to the authority and shall be widely made known in the locality to be affected thereby by affixing 5 copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means, and by any other means that the secretary may think fit -notices, etc, to filt reasonable time 40 where any notice, order or other document issued or made 10 under this act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this act or the rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same authentication of orders and documents of the authority 41 all permissions, orders, decisions, notices and other documents 15 of the authority shall be authenticated by the signature of the secretary to the authority or any other officer authorised by the authority in this behalf members 42: every member and every officer and other employee of the and officers authority shall be deemed to be a public servant within the meaning 20 to be public servants of section 21 of the indian penal code 45 of 11160 j un idicti on of courts 43 no court inferior to that of a magistrate of the first class shall try an offence publishable under this act s"nction of 44 no prosecution for any offence publishable under this act shall prosecution be instituted except with the previous sanction of the authority or 25 any officer authorised by the authority in this behalf 45 notwithstanding anything contained in section 32 of the code of criminal procedure, 1898, it shall be lawful for any court of a 5 of 1898 magistrate's power to unpose enhanced penalties magistrate of the first class to pass any sentence aut~orised by this act in excess of its powel's ·under the said section 30 46 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act or any rule or regulation made thereunder protection of action taken in good faith power to odepto 47 the authority may, by notification in the official gazette, direct that any power exercisable by it under this act except the 35 power to make regulations may also be exercised by such officer or local authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein 48 (1) the provisions of this act and the rules and regulations ai;;t to overmade thereunder shall heve effect notwithstanding anything incon- ride other sistent therewith contained in any other law laws (2) notwithstanding anything contained in any other law-5 (a) when permission for development in respect of any land has been obtained under this act such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained; 10 (b) when permission for such development has not been obtained under this act, such development shall no~ be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained 15 49 nothing in this act shall apply to-savings 20 (a) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not material-1)' affect the external appearance of the building; (b) the carrying out by any local authority or by any depanment of government of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose; te) the erection"of a building, not being a dwelling house if such building is required for the purposes subservient to agriculture; (d) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, cenotaph or samadhi on land which at the commencement of this act is occupied by or for the purpose of such worship, tomb, cenotaph, araveyard or samadhi; 3s (e) the excavations (including wells) made in the ordinary eourse of agricultural operations; and <f> the construction of unmettalled road intended to give ilccess to land solely for agricultural purposes 50 (1) where any land situated in any area in delhi is required pllnlto d modi by the master plan or a zonal development plan to be kept as an fi:fin -40 open space or un built upon or is designated in any such plan as certain ate, ubject to compulsory acquisition, then, if at the expiration of ten years boom the date of operation of the plan under section 10 or where such larid has been so required or designated by any 8m:endment of such plan, from the date of operation of such amendment, the land is not compulsorily acquired under the provisions of this act or, as the case may be, of any other lew relating to s 8pl}\lisition qf immovable property, by the authority for the time being charged with the development of the area in which the land ~sitlilated _ the owner of the land may serve on the authority a eotice requiring his interest in th~ land to be so acquired - -(2) if the authority for the time being charged with the develop- 10 ment of the area fails to acquire the land within a period of six mcmtils from the date of receipt of the notice, the master plan or, u-:the case may be, the zonat development plan shall have effect, after the expiration of the said six months as if the land were not jrquired to be kept as an open space or unbuilt upon or were not 15 designated as subject tp compulsory acquisition power to 51 (1) the central government, after consultation with the make i'ules authority, may, by notification in the official qizette, make rules to catry out the purposes of this act: provided that consultation with the authority shall not be neces- 20 sary on the first occasion of the making of rules under this section, but the central government shall take into consideration any suggestions which the authority may make in relation to· the 4imeildment of such rules after they are made (2) 111 particular and without prejudice to the generality of the 25 forego,ing power, such rules may provide for all or any of the followin~ matters, namely:-(a) the manner of election of representatives of the municipal corporation of delhi under clause (e) of sub-section (3) of ieqtion 3' 30 ~ -_ - t - - ~ (b) the salaries, allowances and conditions of service of the ~ole·time paid members of the authority; (c) the control and r~trictions in relation to appomtmeat of c?1jicers and other employees; (d) the form and eontent of the master plan and a zonal 3$ ·devel~nt plan and the procedure to be followed in connection "with the preparation, submission and approval of such plans; (e) the local inquiries and other hearings that may be held before a plan is approv~; <i> the periodical amendtnent of the master plan and a zonal 0 1 development plan, the period at the expiration of which such amendment may be taken up, the procedure to be followed in making such amendment and the date of operation of such amendment; (g) the fee to be pai~ on an application for permission 1idder 5 sub-section (1) of section 12 and the factors and circumstances to be taken into consideration in determinini such fee; (h) the time within which cases referred to the collector under sub-section (3) of section 14 for determination of compen- tion shall be disposed of; 10 (i) the manner in which nazullands shall be dealt with after development; (j) the procedure for referring any matter to the central government under section 34 for settlement of terms and condi; tions subject to which a local authority may be required to assume is responsibility for amenities in any aree; (k) the term of years for which and the unifonn percentage of the increase in value at which, betterment charges may be levied, the time and instalments for payment of betterment charges and any other ~tter in reletion to the assessment and 20 collection of betterment charges; (t) the sum of money that may be kept in current account; (m) the form of the budget of the authority and the manner of preparing the same; (n) the form of the balance-sheet and statement of aceounts; (0) the form of the annuiqi report and the date on or before which it shall be submitted to the central government; (p) the manner of constitution of the pension and provident funds for whole-time paid members and officers and other employees of the authority and the conditions subject to which such funds may be constituted; (q) any other matter which has to be or may be prescribed by rules: u (1) the authority may, with the previous approval of the power to central government, make regulations consistent with this act and i!to:~-35 the rules made thereunder, to carry out the purposes of this act, and without prejudice to the generality of this power, such regulatlolls may provide for-(a) the summoning and holding of meetings of the authority, the time and place where such meetings'are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat; (b) the powers and duties of the secretary and chief accounts officer of the authority; (c) the salaries, allowances and conditions of service of the secretary, chief accounts officer and other officers and employees; (d) the procedure for the cal'l'ying out of the functions of 5 the authority under chapter iii; (e) the fonn in which any application for permission under sub-section (1) of section 12 shell be made and the particulars to be furnished in such application; (f) the manner of publication of the notice under section 13; 10 (g) the manner of communicating the grounds of refusal of pennission f~r development; (h) the form of the register of applications for permission and the particulars to be contained in such register; (i) the management of the properties of the authority; and 15 (j) any other matter which has to be, or may be, prescribed by regulations (2) until the authority is established under this act, any regulation which may be made under sub-section (1) may be made 'by the central government; and any regulation so made may be altered 20 or rescinded by the authority in exercise of its powers under subsection (1) laying of rules and regulations befo~ parlilment 53 all rules and regulations made under this act shall be laid for not less than thirty days before each house of parliament 81 soon as may be after they are made and shall be subject to such 25 modifications as parliament may make during the session in which they are so laid or the session immediately following pissolution oftbe authority 54 (1) where the central government is satisfied that the purposes for which the authority was established under this act have been substantially achieved so as to render the continued existence 30 of the authority in the opinion of the central government unnecessary, that government may by notification in the oftielal gazette declare that the authority shall be dissolved with effect from such date as may be specified in the notification; and the authority shall be deemed to be dissolved accordingly 3s (2) from the 9qid dat~(a) all properties, funds and dues which are wsted in, or realisable by, the authority shall vest in, or be realisable by the central government; (b) all nazul lands placed at the disposal of the authority shall revert to the central government; (c) all liabilities which are enforceable against the authority shall be enforceable against the central government; and s (d) for the purpose of carrying qut any development which has not been fully carried out by the authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the authority shall be discharged by the central government 10 repeal, etc 55 (1) as from the date of the constitution of the authority,- and saving •• p act (a) the united provinces town improvement act, 1919, shall cease to have effect in the union territory of delhi; and :ii of 1919 of 19s5 (b) the delhi (control of building operations) act, 1955, shall stand repealed is (2) notwithstanding the provisions of sub-section (1)-(a) every officer and other employee serving under the delhi improvement trust or the delhi development (provisional) authority immediately before the date of the constitution of the authority shall, on and from such date, be iransferred to 20 and become an officer or other employee of the authority with such designations as the authority may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if the authority had not been constituted, and 25 shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the authority: provided that any service rendered by any such officer or other employee before the constitution of the authority shall be deemed to be service renedered under it: 30 provided further that the authority may employ any such officer " "or other employee in the discharge of such functions under this act as it may think proper and every such officer or other employee shall" discharge those functions accordingly; (b) anything done or any action taken (including any ap-3s pointment, delegation, notification, order, scheme, permission, rule, bye-law, regulation of form made, granted or issued) under ,any of theaf<;>resaidacts, shall, so far' as it" is not inconsistent with the provisions of this act, continue in force and be deemed to have been done or taken under the provisions of this act un-40' less and until it is superseded by anything done or any action taken under the said provisions 1170 l s--5 in order to check hapbetamconsiroction awd to regulate and control the building activities in delhi, the delhi (control of building operations) ordinance, 1955 was promulgated on the 22hd october, 1955, under which the delhi development (provisional) authority was constituted the said ordinance was replaced by the delhi (control of building operations) act, 1955 originally the enactment was to be in force up to the 31st december, 19515, but its opreation has been extended up to the 31st december, 1957, by an amending act the present b1llseeks to replace the delhi development (provisional) authority, and the delhi improvement trust with the object of promoting and securing the development of delhi in accordance with the master plan and zonal development plans to be prepared by the authorityahd approved by the central government the authority will consist of the administrator of delhi as chairman, a whole-time paid vice-chairman, a whole-time paid engineer member and a whole-time paid finance member, two members of the corporation to be elected by the councillors of the dedii municipal corporation from amongst themselves and the commil!lsioner of the corporation (e:i-ofjicib) the development activities of the authority will be confted only to such areas as may be declared "development areas" by the central government in consultation with the authority and the delh1 municipal corporation the authority will be advised by an advisory council which will consist of three members to be ~ected by parliament, representatives ~f the eelhi m~cipal corporation and persons to be ilominated by the ~tra1 governhi~t to repr'ebeilt the iritetests at commerce and i,rid~try8:n~ labour, lui w'ell as pm-sons havrn, layowredge of town pliuuiliig, archite<:t'ut'e, public 'h~lth ana (,th'elrvehnical mattera ~ dam; ~ ttuls'ptmbitr, 196'1 the delhi development (,provisional) authority and the town planning office which are now in charge of the prevention of haphazard constructions and the preparation of the master plan for delhi will merge with the delhi development authority when it is constituted expenditure on the staff and the contingencies of these two organisations is now being met from the consolidated fund of india it is envisaged that the authority which will in due course have its own funds as indicated in the succeeding paragraph may have to be financed in regard to its expenditure on st8ft and contingencies in the initial period by way of grants from the consolimtedfund of india the expenditure on this account may be about rs 12 lakhs per annum· it is anticipated that the authority will come into being during the last quarter of the current financial year in which case the actual expenditure during the current year will be about rs 3 lakhs 2 in regard to development to be carried out by the authority in "development arear" funds will be provided as loans to the authority and no grants are envisaged for this purpose the amount of loans that will be advanced will depend on the actual development that the authority will undertake during each year the loans will be repaid by the authority from funds which will accrue to it (a) by sale of plots in developed areas, (b) by the levy of betterment charges and (c) by such other fees or charges which it may recover for granting permission for development and building in "development areas" memorandum regarding delegated legislationin clause 51 it is proposed to delegate to the central government power to make rules after consultation with the authority to carry out the purposes of the bill under clause 52 it is proposed to delegate to the delhi development authority powers to make regulations with the previous approval of the central government the powers proposed to be delegated to the central government and the authority under these two clauses relate to the various matters specified therein as will appear from these two clauses these matters are necessary for the day to day administration of the act and do not involve any matters of policy these delegations have been proposed for administrative convenience and with a view not to making the bill unnecessarily cumbersome the delegation of legislative powers both to the cad-tral government and the authority is of e normal type a bill to provide for the devel~ment of delhi according to plan and for matters ancillary thereto (shri gomnd bailabh pant, minister of home a/fa1rs)

Parliament_bills

08627fed-b11e-5efe-946b-1e8303688954

the appropriation (no4) bill, 1957(as introducbd in lok sabra) the appropriation' (no4) bill, 1957 (as introduced in lok sabra) a billto authorise payment and appropriation of cert4in 'umi from and out of the consolidated fund of india for the service a/the financial year 1957-58 be it enacted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the appl"opriation (no4) act, 1957 short title , of 19:17 2 from and out of the consolidated fund of india there may be ilsuoofri 5 paid and applied sums not exceeding those speci1ied in column 3 ~~~~~t of of the schedule amounting in the aggregate [inclusive ot·the sums tho conlou-specified in column 3 of the schedule to the appl"opriation (vote on ~tocl ~ account) act, 1957] to the sums of five thousand three 'hundred and for the year seventy-nine crores, thirty-seven lakhs and thirty thouaand rupees 1951-58 10 tow\u'ds defraying the several charges whch will come' in -course of payment during the financial year 1957-58 in rspect of the aenricea specified in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of appropriathe consolidated fund of india by this act shall be appropriated for dod is the services and purposes expretl8ed in the schedule in relatioll to the said year the schedule (see sections 2 and 3)sums dot excccdina i ______ ~ ----j -----------~ -----------no of vote services and purposes total cbaraed od the conaofidated fund voted by paruuncnt rso rio ri so,51,ooo 10 so,s 1 ,000 i miniltry of commerce and industry ~ industries 3 salt 82,81,000 82,81,000 is 4 commercial intelliaeru:c and statitics s milcenaneou=de rtmentl and bx ture under the iatry of commerce and industry 6 ministry of community development 12,30,86,000 7 commwlity developmcut t>rojoctl and national blucnaion service 8 midiatry of defence 9 i>oreq~ service,-bftectivo-army 10 defellce· scrvicc&-bffecdve-na"y ii i defence services-bftective-air force 0 12,9o,8s,000 13 defence services-non-blfective chuic' 35 6's,34,ooo 6s,~4,ooo 13 mlniltry of bducation and sciontifie research 96,93,000 96,93,000 14 archaeololy 1,64,8,s,ooo 1,64,8s,ooo is survey of i~ia 10,67,000 10,67000 16 botanical survey 10,~4,ooo 40 10,34,000 17 zooloaical survey 95,3's,ooo 18 gcolosic:a1 survey 9,s3sooo i | sums | not | excccdidi ||---------------------------|-------------------|--------------|| no | | || 0( | | || sen | ices and purposes | || vote | | || voted | | || by | | || parliament | | || 5 | | || total | | || charred | on | the || conlolidated | | || fund | | || ri | | || rs | | || ri | | || 19 | | || scientific research | | || 2,76,~,000 | a,76,~,ooo | || 30 | | || other | scientific | depart- || ment | | || 10 | | || 35,86,61,000 | | || ax | | || education | | || 35,86,61,000 | | || 33 | | || miscellaneous | depart- | || ments and | expendi- | || tui | e | under || of | bducstion | || and | | || is | | || scientific research | | || 33 | | || tribal areas | | || 5,82,02,000 | | || 8,30,47,000 | | || 24 | | || external | mairs | || 8,30,47,000 | | || 18,000 | | || 35 | | || state ofpondicherry | | || 3,30,51,000 | | || 3,30,33,000 | | || 20 | | || 26 | | || miscellaneous expendi- | | || ture | | || under | the ministry | || of | external | main || 3,61,000 | | || 3,61,000 | | || 27 | | || ministry | of | finance || 1,54,94,000 | | || 28 | | || customs | | || 4,03,13,000 | | || 403,13,000 | | || 36,60,79,000 | | || 19,16,94,000 | | || 743,85,000 | | || 25 | | || 29 | | || union excise duties | | || 30 | | || taxes | | || 011 | | || income | in- | || cludin, | corporation | || tax | and estate | duty || 4,68,79,000 | | || opium | | || 31 | | || 1,07,000 | | || 1,73,79,000 | | || 1,66,72,000 | | || 30 | | || 32 | | || stamps | | || 9,,1,83,000 | | || 19,83,000 | | || 33 | | || audit | | || 9,32,00,000 | | || i | | || 3,68,41,000 | | || 34 | | || currency | | || 9,4s,000 | | || 3,,8,96,000 | | || i | | || 3,12,18,000 | | || 3,13,18,000 | 35 | || mint | | || territorial and political | | || pensions | | || 35 | | || 3,47,03,000 | | || 31,01,000 | | || 37 | | || superannuation allow- | | || ances and pensiods | | || 3,16,01,000 | | || 40 | | || 2,000 | | || 2544,51,000 | | || miaceuaneous | | || d~rt­ | | || ments | | || and | | || other | | || rxpen- | | || diture | under | the || nistry | of | fillance || i | | |sums not exceeding \ (----no service and plupoici voted by charpd on the of parliament consolidated vote pund total s ri r • rtl 39 plannin commision 1,64,61,000 1,64,61,000 40 miecelladcoui ad~uat-idcilta between t e union and state gov-10 emmellt 6,10,000 i 6,11),000 41 pre-partition payments 68,81,000 i,z,j'od i 70,00,000 ciwiobd-l,"," on n, tiiiil 0''''' owiiadoru tiiiil ,~ or is ~oid' 1,1933,05,000 1,1\1,33,05,000 cha •• m-grclllu-i"-aid to s,atu ~s,16,66,ooo zs,16,66,000 4a miniatry of food and agriculture 79,60,000 79,60,000 20 43 porest z,07,oz,000 z,07,02,000 44 alriculture 16t40,26,000 1,000 [6,40,27,000 45 civil veterinary service 1>4435000 1«35000 46 miaccl1aacoul department and other bxls =:ture under tbe • try of pood and aariaalture 6,47,59,000 6047,~9,ooo 47 miniltry ot health 1313,000 13,13,000 48 modical services 3,88,17,000 3,88,17,000 30 49 public hhith 917,65000 917,65,000 so milcellaqcoul bx~dilure unde1l_ iniltry ot health 1,03,81000 103,81,000 51 ministry of home affairs 2,63,68,000 2,63~68,ooo 3s sa· cabinet 3656000 36,'56,000 53 zonal councils 4,51,000 4,51,000 54 poliee 4,8742,000 1,000 4,87>43,000 55 ceftaui 8,49,000 ,;, 849000 " rd", p\ne - idd auow-5,'4>48,000 40 ancea ollddiad rill 5,11,000 i 5,49,17,0&0' | sum not | cxclef'cling ||-------------------------|-----------------|| no | || service and | || purpose1 | || - | || -----~ | || of | || voted by | || , | || chaqed | on || s | || v | || ote | parhlment || the conloli- | || total | || dated fund | || -- | || ------- | || -,------ | || lb | || re, | || ' :&i | || 57 | || delhi | || 701,63,000 | 701,63,000 || s8 | || himachal pradeh | || 4,67,32,000 | || 180000 | || 4,6912000 | || 10 | || 59 | || andaman and nicobar | || islands | || 2,74,27,000 | || 2,74,27,000 | || 60 | || manipur | || 104753 | || 000 | || ~"'753tooo | || 61 | || tripura | || 2,)8,67 | || 000 | || ~,ooo | || 2j9~ | || 6:z | || lacc:adive, | minic:oy || is | || \ | || and | || -'mindlvi | || hlands | || 1465,aoo | j4,65ooo || 6) | || miaceuaneous | depart- || ments and | || ~di- | || ture under the | nitry || 20 | || ot home affairs | || 10,52,38,000 | || i | || 10,52,3b,ooo | || 64 | || mini8tr~ | || ot information | || i | || and | || roadcaating | || 13,21,000 | || 13,21,000 | || 65 | || broadcasting | || 3,79,89,000 | || 3,79,89,000 | || 66 | || mil4:cllaneous | depart- || ~s | || mentl and | || ex~di- | || ture under the ministry | || ot | information and || broadcasting | || 3>47,04,000 | || w7,04ooo | || 67 | || ministry of irrigation | acid || 8 | || 0 | || power | || 17,37,000 | || 1737000 | || 68 | || multi-purpose river | || ~c:he- | || mea | || 1,6o,33tooo | || 1,60,33,000 | || 69 | || mic:el1ancous | depart- || ments and other | || ex· | || 3s | || ~ture | || under the | || inilto' ot | || j | || rription | || and power | || 98,08,000 | || 98,08,000 | || 70 | || minietry ot labour and | || fmployment | || 16,94,000 | || | || i6,ntooo | || 4 | || 0 | || 71 | || chid' | || inpector | || <"i | || \iine~ | || 2384000 | || 23,s"ooo | || 72 | || miscellaneous | || de~- | || menta and other | || ex- | || =ture | under the || 4s | || | 'try || ot labour and | || 8,66,57,000 | || employment | || 866057,000: | || | || i | |no of servicci and purpose sums not exceeding vote voted by cbaraedon s parliament the conioudated total fund ---------ri r • ri 73 ministry of law 1,72,38,000 172,38,000 74 adminiltration ot justice 2,~8,ooo 11,61,000 '4,99,000 75 miec:e11aneous expendi-10 ture under the ministry 01 law 6,25,000 6,25,000 76 ministry 01 rehabilitation 4::175000 43,75,000 77 ~lure on 15 dlaplaced penons 22,50,26,000 22,50,26,000 78 miniltry ot steel, mine and fuel 31,15,000 31,15,000 79 mines 48,63,000 48,63,000 80 exploration rl oil and 20 natural gu 2,57,67,000 2,57,67,000 81 miic:elianeoui departmcdti and other bx-~ under the ot steel, 25 mines and fuel 55,96,93,000 55,96,93,000 82 minii~ tranlport add unic:ationl - 72,09,000 72,09,000 83 indian poit and teice department 30 ina workilll 59,64>99,000 3,78,94,000 ' 62,4393,000 !spcilici} - 84 porta and puotaf 63,17,000 · 63,17,000 85 ijptboulel and u,ht-1,38,56,000 1,38,$6,000 35 ibipi · 86 mctcololol)' 1,52,29,000 · 1,52,29,000 87 oveneu communica-1,14,86,000 tiodl service 6,7j,ooo 1,21,59,000 88 aviation 3,,6,13,000 50,000 3,,6,63,000 89 ccgtral road pund 4,28,19,000 · 4,28,19,000 40 90 communk:atiodl (incla;idini national highways) 5,72,68,000 · ',72,68,000 - - --~----------,--- ---------------------no of 5 vote sums not exceejing ------,-______ 1-------charged on the consolidated fund services and purpobe!l votej by par1ial1\ent total __-_ _--__-__---- -------------_ rs ri ri 10 91 mi9ccllaneous departments and other expenditure under the ministry of transport and communications 56,01000 56,01,000 ministry of works, housing and supply is 2,6114000 2,61,14,000 93 supplies 33,5z,000 20,66,52,000 94 other civil works 68977,000 6,89,77,000 9s stationery and printing 20 miscellaneous departments and expenditure under the ministry of works, housing and supply 97 870,000 8,70,000 department of atomic energy 3,1000000 3,10,00,000 atomic energy research 99 1,91,000 department of parliamentary atturs 1,20,69,000 100 lok sabha 34000 30 101 misceuaneju8 expe,lditure un1er lok :::iabha 37,59000 36,82,000 102 rajya sabha 1838•000 18,38,000 chargbd-staff, household and allowances 01· the prelident 3s 62,000 62,000 103 secretariat of the vice-president ckargbi>-union public semlice commission 40 104 capital outlay of the ministry of commerce and industry 16749,000 105 capital outlay of the i ministry of community development 4s 2500,00,000 2500,00,000 106 i defence capital outlay --------------~------no of services and purposes vote sqinj dot exceeding -----------------, voted by pm;iia-charaed on the ment consolidated fudci ' total s _-1----- ---------------------' ri, ri 1,83,17,000 10 30,00,000 7,61,!xjo is 2,66,81,000 72,00,000 1,00,000 4355,000 20 24,000 1a4,85soooo 2s 3,39,4 1,21,000 :i,s3,0177,ooo 15,00,1931,000 35,oo,19,31,oclo 30 u6 18,31,000 18,]1,000 eac,ital outlay on oresta 1,46,21,80,000 l~po,ooo 1,:10,000 purchase of foodpaine - 117 118 1 35 35,14,82,000 119 10,10,88,000 10,10,88000 other capital outlay of the ministry of food and agriculture ~ outlay of the-'nistryof healtb 120 40 ~outllly of the of home affairs ' 2,22,89,000 121 capital outlay on broad-_ casting 3,40,co000 122 capital outlay on multipurpoae iu¥er schemes no sums not excee:iing of servicciand plll'p"&cs - - ______ 0 ______ - - - - - - _____ s vatc voted by parlia-chargej on the ment consoli dated total fund -0 _ _ - - ------------------------ri rs rs 123 other capital outlay of the ministry of irri-10 ptjmadiil pijwcl 94,87,000 94,87,000 124 capital outlay of the ministry of labour and employment 34,22,000 34,22,000 is u5 calf tal outlay of the inistry of rehabilitation 24,00,00,000 24,00,00,000 126 capital outlay of the ministry of steel, mhes and fuel 1,68,65,24,000 1,68,65,24,000 20 127 capital outlay on indim posts and telegroiphs (not met from revenue) 24,77,45,000 2477,45,000 128 cat~al outlay on civil v,ataon 2,87,61,000 2,87,61,00:) 25 1;19 capital outlay on ports 5,3s,oo,ooo 535,00,000 13° capital outlay on roads 14,50,00,000 14,50,00,000 131 other capital outlay of the ministry of tranlport and communi-30 cation 11,52,92,000 11,5292000 132 delhi capital outlay 733,19,000 s,~j,ooo 7,38,42,oco 133 capital outlay on buildings 4,58,72,000 ~,86,ooo 4,61,58,000 3s 134 other ca~tal outlay of the mirustry of works, housin, and supply 2,15,76,000 2,15,76,000 135 capital outlay of the department of the 9,00,00,0&> atomic energy 9,00,00,000 i __---__' ------- -------40 i grand total 14,51,26,89,000, j9,18,io,fl,ooo 5,379,3730 ,000 i i __---__ _---_,,----_- --_- _, ~,----------~-• - -- -,- statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 1957-58 t t krishnamachari new delid; the 21st august, 1957 a bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the service of the financial year 1957-58 - the president has, in pursuance of clauses (i) and (3) of arti£le 117 of the constitution of india, recommendal to ldl sabha, the introduction and consictenmon of tbi: bill m n lim s, minister of finance)

Parliament_bills

ad2b581f-bc86-59e5-85ce-971fd7cb96e9

bill no xxxvii of 2019 the right to adequate housing bill, 2019 a billto provide for adequate dwelling units to the families living below poverty line or falling under low income group in the country by providing one free of cost or at such reasonable cost and providing interest free loans to families in low income group for purchase of dwelling units and for matters connected therewith or incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the right to adequate housing act, 2019 (2) it shall extend to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "committee" means monitoring and grievance redressal committee constituted under section 8;(b) "dwelling unit" means a house comprising of at least one living room, one bed room, one kitchen and one toilet with electricity, water and sanitation facilities;5(c) "families living below poverty line" means those families which are declared by the central government to be living below poverty line;(d) "fund" means house building fund constituted under section 7; and(e) "prescribed" means prescribed by rules made under this act103 (1) the central government shall, by notification in the official gazette, within period of five years from the commencement of this act, provide free of cost, all-weather dwelling unit to each family living below poverty line in the countrycentral government to provide dwelling unit to families living below poverty line15(2) for the purposes of sub-section (1), the central government shall, in consultation with the concerned state government or union territory administration as the case may be, cause to be notified a list of all families living below poverty line in each state and union territory in such manner as may be prescribed(3) the priority of allotting the dwelling unit in a state or union territory shall be determined by draw of lot to be conducted in such manner as may be prescribed204 (1) the central government shall, within a period of six years from the commencement of this act, provide dwelling unit at fifty per cent of the cost to each family having an annual income of not more than rupees six lakh(2) for the purpose of sub-section (1), the central government shall,—central government to provide dwelling unit at fifty per cent of the cost25(i) in consultation with the state government or union territory administrative administration as the case may be, cause to be notified a list of all families having an annual income less than rupees six lakh in each state and union territory in such manner as may be prescribed; and(ii) provide interest free loans to the family to pay the cost of the dwelling unit in such manner as may be prescribed30(3) the priority of allotting the dwelling unit in a state or union territory under this section shall be determined by the draw of lot to be conducted in such manner as may be prescribed5 (1) the central government shall, after every five years, undertake the maintenance of the dwelling units given under section 3 to families living below poverty line and charge such nominal amount for the purpose as may be prescribedcentral government to maintain dwelling unit35(2) the central government shall, after every five years, underdake the maintenance of the dwelling units given under section 4 to families whose annual income is not more than rupees six lakh and charge fifty per cent of the maintenance costsuccession of dwelling unit406 the central government shall ensure that on the death of the head of a family living below poverty line or of a family earning not more than rupees six lakh annually, the legal title of the dwelling unit shall pass on to the dependant family members7 (1) the central government shall, by notification in the official gazette, establish a fund to be known as the house building fund for poor and families living below poverty line for the purpose of this acthouse building fund for poor and families living below poverty line(2) there shall be credited to the fund,—45(a) amounts received from the central and the state government as grant-in-aid; and(b) donations received from private individuals and organisationsmonitoring and grievance redressal committee8 (1) the central government shall, by notification in the official gazette, establish a committee to be known as the monitoring and grievance redressal committee to augment the process of providing dwelling units to the poor and families living below poverty line and redressal of their grievances5(2) the committee shall consist of,—(i) a retired judge of supreme court—chairpersons; (ii) secretary, ministry of housing and urban affairs, central government—member;10(iii) chairman, national buildings construction corporation (india) ltd,—member;(iv) two eminent persons having experience in working for poor and families living below poverty line—members;(v) four secretaries of housing department from the state governments to be nominated on rotational basis—members,15to be appointed by the central government in such manner as may be prescribed(3) the salary and allowances payable to and other terms and conditions of services of chairperson and the members of the committee shall be such as may be prescribed(4) the ministry of housing and urban affairs shall provide secretarial assistance to the committee209 the committee shall,—functions of the committee(i) suggest ways to augment the process of providing dwelling units to poorpeople and families living below the poverty line;(ii) receive and redress grievances of the people in respect of their right to housing under this act;25(iii) suggest, from time to time, the specification that may be adopted while constructing the dwelling units for poor people and families living below the poverty line; and(iv) perform such other functions as may be prescribed30power to remove difficulties10 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 difficulty35act to supplement other laws11 the provisions of this act shall be in addition to, and not in derogation of, theprovisions in any other law, for the time being in force, providing dwelling units to families living below poverty line and to families earning less than rupees six lakh per annumpower to make rules12 (1) the central government may, by notification in the official gazette make rulesto carry out the provisions of this act4045(2) every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonshousing forms an indispensable part of ensuring human dignity adequate housing encompasses more than just four walls of room and roof over one's head housing is essential for normal healthy living it fulfills deep seated psychological needs for privacy and personal space; physical needs for security and protection from inclement weather article 25 of the universal declaration of human rights recognizes the right to housing as part of right to adequate standard of living article 11(1) of the international covenant on economic, social and cultural rights (icescr) also guarantees the right to housing as part of the right to an adequate standard of living besides, the right to adequate housing is also recognized internationally in several other instruments that have focussed on the need to protect rights of particular groups such as convention on the elimination for all forms of discrimination against women (cedaw), convention on the right of the child (crc) and the international convention on elimination of racial discrimination (cerd) india as a party to international covenants has obligation to provide adequate housing to its citizensthe supreme court in various judgements has elaborated on the right to adequate housing, shelter and livelihood being part of all encompassing right to life under article 21 of the constitution increasing disparity in income has also led to the homelessness in our country while some people live in palaces or big houses, some don't even have access to a shelter the housing with its rising cost has become unaffordable according to an estimate, there are around fifteen crore homeless people in india these homeless people face vagaries of weather from chilling cold in winter to heat waves during summer many of these homeless people die every year most of these homeless persons are poor or live below the poverty line adequate housing is also necessary for protection of childhood as homeless child is invariably subjected to child abuse and crime still crores of persons particularly living below the poverty line or falling within low income group are not having roof over their heads and living in sub-human conditions on pavements, bastis, jhuggi-jhonpri and unauthorised slumsit is the government's obligation to guarantee that everyone can exercise this right to live in security, peace and dignity therefore, it is felt that the government should provide at least one dwelling unit to each family living below poverty line free of cost further, the persons falling within low income group should also be given one dwelling unit at fifty per cent of the cost of construction since, poor families cannot afford to pay a lump sum amount to purchase house, it is also proposed that they should be given one time interest free loans for the purposehence, this billdr t subbarami reddy financial memorandumclause 3 of the bill provides that the families living below poverty line shall be provided a dwelling unit free of cost clause 4 provides that families earning below rupees six lakh shall be given a dwelling unit at fifty per cent of the cost clause 5 provides that central government shall also undertake the maintenance of these dwelling units clause 7 provides that central government shall also contribute to the house building fund clause 8 provides for establishment of a monitoring and grievance redressal committeethe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india however, at this stage it is difficult to estimate the recurring consolidated fund of india expenditure that may be required as the same will depend on the number of eligible persons for housing and the decision of the central government on the number of housing units to be constructed every year a non-recurring expenditure of about rupees two crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the matter will relate to details only, the delegation of legislative powers is of normal character———— a billto provide for adequate dwelling units to the families living below poverty line or falling under low income group in the country by providing one free of cost or at such reasonable cost and providing interest free loans to families in low income group for purchase of dwelling units and for matters connected therewith or incidental thereto————(dr t subbarami reddy, mp)mgipmrnd—4316rs(s3)—11-12-2019

Parliament_bills

95bed50f-727a-59c8-845c-ba7eec8635bf

' § ta section $ of the bank nationalisation act— (@) in sub-section (2), in clause (a), the words, "so however that the paid-up capital of any such bank shall not be in excess of rupees one thousand five hundred crores" shall be ornitted; (ii) for sub-section (3), the following sub-section shall be substi- 5 iuted, namely: - i «(3) every board of directors of a crresponding new bank, constituted under any scheme made under sub-section (1), shall include— (2) not more than two wholetime directors to be appoin- [0 ted by the central government after consultation with the reserve bank; (b) one director who is an official of the central government to be nominated by the central government; (c) one director who is an officer of the reserve bank {5 to be nominated by the central government on the recommendation of the reserve bank; explanation—for the purpose of this clause, 'an officer of the reserve bank" jneludes an officer of the reserve bank who is deputed by that bank under section 20 54aa of the reserve bank of india act, 1934 to any institu- 9 of 1934 tion referred:to therein; (d) ione director, from among such of the eraployees of the 'corresponding new bank who are workmen under clause (s) of section 2 of the industrial disputes act, 1947, 25 140f to be nominated by the central government in such manner 1947 as may be specified in a scheme made under this section; (e) one director, from among the employees of the corresponding new bank, who are not workmen under clause (s) of section 2 of the industrial disputes act, 1947, 30 14 of to be nominated by the central government after consul- 1947 tation with the reserve bank: (f) one director who is a chartered accountant, to pe nominated by the central government after consultation with the reserve bank; 35 (g) subject to the provisions of clause (h), not more than six directors; to be nominated by the central government; (h) where the capital issued under clause (¢) of subsection (2b) of section 3 is,— / (i) not more than twenty per cent of the total 40 paid-up capital, not more than two directors, (i) more than twenty per cent but not more than forty per cent of the total paitl-up capital, not more than four directors, \ : : (iii) more than forty per cent of the total paid-up 45 capital, not more than six directors, hi) to be elected by the shareholders, other than the central government, from amongst themse!ves: provided that on the assumytion of charge after election of any such ditectors under this clause, equal number of directors nominated under clause (g) shall retire in such manner as may be specified in the statement, i (3a) the directors to be nominated under clause (g) of to be elected under clause (h) of sub-clause (3) shall— (a) have special knowledge or practical experience in respect of one or more of the following matters, namely:—~ 10 (i) agricultural and rural economy, (it) banking, (iti) co-operation, (iv) economics, (v) finance, i5 (vi) law, (vit) smali-scale industry, - (viii) any other matter the special knowledge of, and practical experience in, which would, in the opinion of the reserve bank, be useful to the corresponding new 20 bank; ; (b) represent the interests of depositors, of (c) represent the interests of farmers, workers and artisans (3b) where the reserve bank is of the opinion that any director 25 of a corresponding new pank elected under clause (h) of sub-section 30 (2) does not fulfil the requirements of swb-section (ba), it may, after giving (oo such director and the bank a reasonable opportunity of being heard, by an order remove such director and appoint a suitable person as' a member of the board of directors in place ef the person so yemoved whereupon the person £0 appoimtes § 11 be deemed to have been duly elected 'py the shareholders of the cor sponding new bank as a direc- " i tor 7 in section 10 of the bank nationalisation act— 35 amendment of section 10 "shall transfer the balance g) in sub-section (7), for the words "may out of of profits to the central government", the words, its net profits, declare a dividend and retain the surplus, if any," shall be substituted: ral governinserted words "the (i) tn sub-section (7a), after the rank", shall be meni", the words "and to the reserve tnser- 10 of the bank nationalisation act, the following tion of new sec~ tion 10a annual ed to as an has issued capital und genera é 5 i ry corresp s new hank which lee - : meen on (2b) of section ¢§ pank in each year 3 ghall be held at the place of the head office of ¢ at such time as shall from ume to time be specified by the board of directors: provided that such annual general mesting sball be held pefore the expicy of six weeks from the date on which the balance- [0 sheet, together with the profit and loss account and auditor's report is, under sub-section (7a) of section 10 forwarded to the central government or to the reserve bank, whichever date is earlier (2) the shareholders present at an annual general meeting shall be entitled to discuss tid 'baleince-sheet and nhe profit and loss 15 account of the corresponding new pank rnade up to the previous 31st day of march, the report of the board of directors on the working and activities of the corresponding new bank for the period covered by the accounts and the auditors report on the balance-sheet and accounts" ees arnend- 9 in section 19 of the bank nationalisation act, in sub-section (2), a ment of after clause (b), the following clauses shall be inserted, namely :— : section : 19 "(ba) the nature of shares of the corresponding new bank, the manner in which and the conditions subject to which shares may be held and transferred and génerally all :aatters relating to the 25 a rights and ¢ of shareholders; (bb) the maintenance of register, and the particulars to be entered in the register in addition to those specified in sub-section (2f) of section 3, the safeguards to be observed in the maintenance of régister on computer floppies or diskettes, inspection and closure 30 of the register and all other matters connected therewith; (bc) the manner in which genera] meetings shall be convened, the procedure to be followed thereat and the manner in which voting rights may be exercised; (bd) the holding or meetings of shareholders and the business to be transacted thereat; (be) the manner in which notices may be served on behalf of the corresponding new bank upon shareholders or other persons; , : (bf) the manner in which the directors nominated under clause (g), of sub-section (3) of section 9 shall retire" ag! chapter iii amendment to the banking companies (ac@isaation and transfer of undertakings) act, 198010, in section 2 of the banking companies (acquisition and transfer 40 of 5 of undertakings) act, 1980 {hereafter in this chapter referred to as amendment of section 2, 1980, the bank (second) nationalisation act},— (iy) after clause (d), the following clause shall be inserted, namely: - i '(da) "prescribed" means prescribed by regulations made 10 under this act;'; (ti) after clause (e), the following clause shall be inserted, namely: - i 10of ; "(f) words and expressions used herein and not defined 1949 either in this act or in' the banking regulation act, 1949 but 45 gefined in the companies act, 1956 shall have the meanings log 1956 respectively assigned to them in the companies act, 1956", i in chapter ii of the bank (second) nationalisation act, for the heading "transrer of the undertakings of existing banks", the follow- substitution of heading ing heading shall be substituted, namely: - of chapter if, 20 "transfer of the undertakings of existing banks and share capitals of the corresponding new banks"amendmentof section 3 12 in section 3 of the bank (second) nationalisation act, for subsections (2a) and (3), the following sub-sections shall be substituted, namely :— { 25 (2a), subject to the provisions of this act, the authorised capital of every corresponding new bank shalt be one thousand five hundred craves of rupees divided into one hun dred and fifty crores fully paid-up shares of ten rupees each: provided that the central government may, after consulfstion 30 with the reserve bank ang hy notification in the oficial gazette, merease or reduce the authorised capital as it thinks fit, so however that after such increase o reduction, the authorised capital shall not exceed three thousand crores, or be less than ome thousand five hundred creres, of rupees, 35 (2b) notwithstanding anything contained in sub-section (2), the paid-up eapital of every corresponding new bank constituted under sub-section (1) may from time te time be inereased, by— (b} such amounts as the board ef directors of the eorresponding new bank may, sonsultation with the reserva 40 bank and with th of the central government transfer from the reserve fung established by such bank te such paid-up capitals | (b) such amounts ag the cenival government may, after with the reserve bank, contribute to such paid-up tet e ay e> rrco (c), such amounts as the board of 'directors of the corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, raise by public issue of shares as may be prescribed, so however, that the central government shall at all times, hold not less than fifty-one per cent, of the paid-up capital of 10 each corresponding new bank! ayy 8 da (2c) the entire paid-up capital of a corresponding new bank, except the paid up capital raised by public issue under clause (c) of sub-section (2b), shall stand vested in, and allotted to, the central government 15 (2d) the shares of every corresponding new bank not held by the central government shall be freely transferable (2e) no shareholder of the corresponding new bank, other than the central government, shall be entitled to exercise voting rights in respect of any shares held by hira in excess of one per cent of 20 the total voting rights of all the shareholders of the correspond ing new bank 25 (2f) every corresponding new bank shall keep at its head office books, of the shareholders '@n this adt a register, in one or more itherein ithe following referred to us the register) and shall enter particulars: - (i) the names, addresses and occupations, if any, of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denoting number; 30 (i) the date on which each person is so entered as a shareholder; | " (iti) the date on which any person ceases to be a shareholder; and c n (iv) such other particulars as may be prescribed (2g) notwithstanding anything contained in sub-section (2f), 35 jt shall be lawful for every, corresponding new -bank to keep the register in computer floppies or diskettes subject to stich safeguards as may be prescribed (3) notwithstanding anything contained in the indian evidence act, 1872, a copy of, or extract from, the register, certified to be a 40 true copy under the hand of an officer of the corresponding new bank authorised in this behalf by it, shall, in all legal proceedings, pe admissible in evidence" insertion 18, after section 3 of the bank (second) nationalisation act, the following section shall be inserted, namely:— - : | of | new ||---------|--------|| section | 3a || trust | not |'3a notwithstanding anything contained in sub-section (2f) to be entered of section 3, no notice of any trust, express, implied! or construc- '5° tive, shall be entered on the register, or be receivable, by the corresponding new bank" , on the register of 14, in section 9 of the bank (second) nationalisation act,— amend ment of section 9, @) in sub-section, (2), in clause (a), the words "so however that the paid-up capital of any such bank shall not be in excess of rupees 10 one thousand five hundred crores' 'shall be omitted; ' : (i) for sub-section (3), the following sub-sediion shall be substituted, namely: - : "(3) every board of directors of a corresponding new bank, constituted under any scheme made under su-section (1), 15 'shall include— doe (a) not more than two whéle-time directors to be appointed by the central government after consultation with the reserve bank; : (b) one director who is an official of the central gov- 20 ernment to be nominated: by the central government; (c) one director who is an officeriof the reserve bank to be nominated by the central government on the recommendation of the reserve bank" ~ n explanation—for the purpose of this clause, "an officer 25 of the reserve bank" incltides an officer of the reserve bank who is deputed by the bank under section 54aa of the 2 of 1834 | reserve bank of india act, 1934 to any- institution referred to therein oy (d) one director, from among such of the employees of 30 the corresponding new bank who are workmen under clause (s) of section2 of the industrial disputes act, 1947, 14 of 1947, to be nominated by the central government in such manner as may be specified in a scheme made under this section, (e) one director, from among theemployees of _ the 35 corresponding new bank, who are, not workmen under clause (s) of section 2 of the industrial disputes act, 1947, 14 of 1947 to -be nominated by the central government after consultation with the reserve bank; : (fy one director who is a chartered aecountant to be 40: nominated by the central government alter consultation with the reserve bank; ! (gq) subject to the provisions of clause (h) not more than six directors, to be nominated by the central government, (hj) where the capital issued under clause (c) of subsection (2b) of section 3 is,— wa @) not more than twenty per cent of the total paid-up capital, not more than two directors, (i) more than twenty per cent, 'but not more than forty per cent of the total paid-up capital, not more than four directors, (ii) more than forty per cent, of the total paid- 19 up capital, not more than six directors, to be elected by the shareholders other than the central government, from amongst themselves: provided that on the assumption of charge after election of any such directors under this clause, equal number of directors 15 nominated under clause (g) shall retire in such manner as may f be specified to the scheme (3a) the directors to be nominated under clause (g) or to be elected under clause (hk) of sub-section (3a) shall— (a) have special knowledge or practical experience in 20 ' respect of one or more of the following matters, namely:— (i) agricultural and rural economy, | (ti) ||---------------|| fetes || ii) || co-operation, || i || (jv) || economics, || =, || 25 || : || (v) || finance, || a || (vi) || law, || con || s |(vii) small-scale industry, " (iti) amy other matter the specia} knowledge of, and practical experience in, which would, in the opinion 38 of the reserve bank, be useful to the corresponding new bank; (b) represent the interests of depositors; or (c) represent the imterests of farmers, workers and artisans { ' 35 (3b) where 'the reserve bank is of the opnion that any' director of a corresponding new bank elected under clause (h) of sub-section (3) does not fulfil the requirements of sub-section (3a), it may, after giving to such, director and the bank a reasonable opportunity of being heard, by an order remove such 40 such director and appoint a suitable person as a member of the ao : board of director in place of the person soremoved whereupon : the person so appointed shall be deemed to have been duly elected by the shareholders of the corresponding new hank as a director' 45 in section 10 of the bank (second) nationalisation act— amendment of section 18, g) in sub-section (7), for the words "shall transfer the balance of profits to the central government", the words, "may, out ofits net profits, declare a dividend and retain the surplus, if any" 5 shall be substituted; (ii) in sub-section (74), after the words "the central government", the words "and to the reserve bank" shali be inserted insertion 16, after section 10 of the bank (second) nationalised act, the following section shall be inserted, namely:— ' of new section 102 10 "490a (1) a general meeting (in this act referred to as an annual general meeting) of every corresponding new bank which has annual general meeting igsued capital under clause (c) of sub-section (2b) of section 3 shall be held at the place of the head office of the bank in each year at such time ag shall from time to time be specified by the board of iy wy directors; , provided that such annual general meeting shall be held before the expiry of six weeks from the dateon which the balance-sheet, together with the profit and loss account and auditor's report is, under sub-section (7a) of section 10, forwarded to the central gov- 20 ernment or to the reserve bank, whichever date is earlier (2) the shareholders present at an annual general meeting shall be entitled to discuss the balance sheet and the profit and loss account of the corresponding new bank made up to the previous 81st day of march, the report of the board of directors on the work- 25 ing and activities of the corresponding new bank for the period covered by the accounts and the auiditor's report on the balancesheet and accounts", 17, in section 19 of the bank (second) nationalisation act, in subsection (2), after clause (b), the following clauses shall be inserted, amendment of section 19,39 namely :— : : "(ba) the nature of shares of the corresponding new bank, the manner in which and the conditions subject to which shares may be held and transferred and generally all matters relating to the rights and duties of shareholders; particulars to be (bb) the maintenance of register, and the wd a entered in the register in addition to those specified in sub-section din: the maintenance - (qf) 'of ection 3, the safeguards to be observe inspection and clesure of register of computer floppies or diskettes, of the register and all other matters connected therewith; 40 (bc) the manner in which gen hal eval meetings shall be convened, hich voting the procedure to be followed thereat and the manner in w rights may | be exercised; ae iderg and the business to (bd) the holding of meetings of shareho be transacted thereat; which notices may be served on behalf of 45 (be) the manner in or other persons: the corresponding new bank upon shareholders s nominated under clatse (bf) the manner in which the director (9) of sub-section (3) of section 9 shall retire; statement of objects and reasonsfollowing the recommendations of the committee on the financial system (narashimhan committee), the reserve bank of india has laid down certain norms for income recognition and provisioning and also for capital adequacy in relation to risk' weighted assets of banks these norms have been designed to put the -financial uecounting standards of indian banks on a sound footing in line with current internatiehal practice: following the introduction of these norms, all the corresponding new banks as defined in the banking companies (acquisition and transfer of undertakings) act, 1970° and the banking companies (acquisition and transfer of undertakings) act, 1989 (hereafter referred co as the nationalised banks) as well as the state bank of india will have to build up their capital base substantially over the next three years, - all the banks have to ensure that their total capital equal at least 8 per cent of their risk weighted assets by 31st march, 1996 ~the banks having overseas operations will have to achieve this norm by 31st march, 1994 9 'achievement of the prescribed capital adequacy norm is essen- 'tial-for the basic financial health of the banking system it is also - essential: for its' international credibility as banks all over the- world are 'adopting the norm laid down by the committe, on' banking regu- - lations and supervisory practices: set up by the bank of international settlements a 3 at present the entire paid up capital of the nationalised banks stands vested in and-allotted to the central government, - the' central government have been contributing 'to the paid up capital of 'these banks during the last few years during the period 1985-1986 to 1992— 1993, "government have contributed rs 4000 "crores to the paid up éapital of these banks a' sum! of rs, 5700 crotes'has been provided in 'the' current year's budget since resources of the government are limited and funds are required for other priority aréas, it will not be : 'possible for the gevernment to contribute the substantial amounts "new required by the nationalised banks for meeting the new pruden tial horms government: have, therefore, decided thatthe - "nationa- "lised banks which are in a position todo so may be allowed to approach the capital -market' to": raise fresh» equity to-meet their shortfall in capital requirements the additional capital thus mobilised , will help sthebanksto expand "their 'lending, government, will," however, con tinue to retain majority ownership and, therefore ehtective control in the public sector, banks :,4, in order to give effect to the above decision, it has become 1 necesear to amend the banking _ coripanies (acatiisition © and transfer of ; ndertakings) act, 1970 and 'the banking companies (acquisition" and transfer of undertakings) act, 1980, the proposed amendments,inceralia, provide for the following: - (i) the board of directors of the nationalised banks may, after consultation with the reserve bank of india and with the previous sanction of the central government, raise their paid up capital hy public issue of shares subject to the condition that the central government shall at all times hold not less than 51 per cent of the paid up capital of the bank; : (ii) the authorised capital of every nationalised bank shall be divided into 150 crores fully paid up shares-of rs, 16|- each; (iil) the central government may, after consultation with the réserve bank of india and by notification in the official gazette, increase or reduce the authorised capital subject to the condition that the authorised capital shall not exceed rs 3000 crores or he less than rs 1500 crores; (iv) the shares of a nationalised bank not held by the central government shall be freely transferable; (v) no shareholder othey than the central government shall be entitled to exercise voting rights in respect of any shares held' by him in excess of one per cent of the total voting rights of all the « shareholders of the bank 5 the bill seeks to achieve the above objects new delhi; the 25th november, 1993 manmohan singh president's recommendation under article 117 of the constitution of india[copy of letter no 1|5]92-boi, dated 10 december, 1993 from dr abrar ahmed, minister of state in the ministry of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed bill further to amend the banking companies (acquisition and transfer of undertakings) act, 1970 and the banking companies (acquisition and transfer of undertakings) act, 1980, recommends under clause (4) of article 117 and clause (3) of article 117 of the constitution of india introduction and consideration of the above bill in lok sabha financial memorandumciause 4 of the bill inter alia contains provisions that the paid-up capital of every corresponding new bank constituted under :ihe banking companies (acquisition and transfer of undertakings) act, 1970 may be increased by such amounts as the central government may after consultation with the reserve bank of india contribute to such capital similar provisions relating to the corresponding new banks constituted under the banking companies (acquisition and transfer of undertakings) act, 1980 are provided in clause 12 of the bill these provisions are already contained in clause (b) of sub-section (2) of section 3 of both the acts, as such no additional expenditure shall be incurred out of the consolidated fund of india on account of the proposed amendments 2 central government "have been contributing to the paid-up capital of the corresponding new banks to increase their capital base during the period 1985-86 to 1992-93, the central government have contributed rs 4,000 crores to the paid-up capital of the banks a sum of rs 5,700 ctores has been provided in the current year's budget 3 the provisions of the bilf do not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationclause 4 of the bill seeks to amend section 3 of the: banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970) by substituting sub-ssections (2a) to (2g) and (3) for sub-sections (2a) and (3) clause (c) of sub-section (2b) provides that the board of directors of the corresponding new banks may, after consultation with the reserve bank and with the previous sanction of the central govern- 'ment and subject to the limitations stipulated therein raise the paid-up capital' by public issue of shares in such manner as may be prescribed by regulations clause (iv) of sub-section (2f) provides for prescribing by regulations the particulars to be entered in the book of shareholders besides those specified in clauses (i) to (ili) thereof 2 clause 6 of the bill seeks to amend section 9 of the act, clause (d) of sub-section (3) of section 9, as proposed to be inserted, empowers: the central government to lay down, under the scheme, the manner of nomination of one director representing the workmen: on the board of directors of the corresponding new bank, the proviso to clause (h) of sub-section (3) provides for specifying in the scheme, the manner of yetirement of directors nominated under clause (g) 3, clause 9 the bill provides for amending section 19 of the act for providing for new matters on which regulations may be made by the board of directors of every corresponding new bank 4, clauses 12, 14 and 17 of the bill seek to make corresponding amendments in the banking companies (acquisition and transfer of undertakings) act, 1980 (40 of 1980) ag those mentioned in paragraphs 1, 2 and 3 respectively in respect of clauses 4, 6 and 9 5 the matters in respect of which schemes may be made by the central government after consultation with the reserve bank or the matters in respect of which regulations may be made by the board of directors of the corresponding new bank after consultation with the reserve bank and with the previous sanction of the central government are matters of administrative detail or procedure, the delegation of legislative power is, therefore, of a normal character annexureesxtracts from the bangine companies (acquisition and transfer of unpertanines) act, 1970 , (5 or 1970) % 2 in this act, unlessthe context otherwise requires,— definitioss ' chapter i transfer or the undertakings of existing banks3 ay x : fy & fs » (2a)y notwithstanding anything contained in sub-section (2), the-paid- "up capitalof every correspon 'ding new bark constituted under sub-section () may from time to time be increased by— : establishment of corresponding new panks and ousiness thereof (a), such amounts as the board of directors of the corresponding new, bank -may,- after consultation with the reserve bank and with the previous sanction of the central government, transfer from the reserve fund established by such bank to such capital; ; (b) such amounts as the central government may, jn consultation with the reserve bank, contribute to such paid-up capital: 7 provided that the paid-up capital of any such bank shall in no ease be in excess of rupees one thousand five hundred crores (3) the entire capital of each corresponding new pank shall stand vested in, and allotted to, the central government : / hs ade 4 eo power of central government (2) in particular, and without prejudice to the generality -of the foregoing power, the'said scheme may provide » for all or any, of the following matters, namely:— to make scheme (a) the capital structure of the corresponding new bank, so however that the paid-up capital of any such bank shall not be in excess of rupees fifteen crores; es ey % a (3) every board of directors of a corresponding new bank, con stituted under any scheme made under sub-section (1), shall iaclude— (a) representatives of the employees, and of depositors, of such bank, and (b) such other persons as may represent the interests of each of the following categories, namely, farmers, workers and artisans, to be elected or nominated in such manner as may be specified in the schemes ee : % fa % chapter v miscellaneous4g (2) % (7) after making provision for bad and doubtiul debts, depreciation closure of accounts and disposal of profits, in assets, contributions to staff and superannuation funds and ali other matters for which provision is necessary under any law, or which are usually provided for by banking companies, a corresponding new bank shall transfer the balance of profits to the central government (74) every corresponding new bank shall furnish to the central goyermfient the annual balance-sheet, the profit and loss account, and the anditor's report and a report by its board of directors on the working and activities of the bank durmg the period covered by the accounts i () power to make regu lations (2) in particular, and without prejudice to the generality of the foregoing power, the regulations may provide for all or any of the following matters, namely:— ba eximacts from the banking compantes (acquisition ad transfer of unpariranines) act, 1960 (40 of 1980)ba ea + % in this act, unless the context otherwise requires,— defina- 4 tions, chapter if pransfer of the undertaking of existing banks3, (3) 2 & \ (2a) notwithetanding anything contained in sub-secion (2), ° paid-up capital of every corresponding new bank constituted under cubs section (7) may from time to time be increased by— : establish rnent of corres ponding new banks and business thereof, (a) such amounts as the board of directors of the corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, transfer from the reserve fund established by such bank to such paid up capital; (b) such amounts as the central government may, in consultation vith the reserve bank, contribute to such paid-up capital: provided that the paid-up capital of any such bank shall in no case be _ in excess of rupees one thousand five hondred crores (3)the entire "capital of each corresponding new bank shall stand vested in, and allotted to the central government (4) every corresponding new bank shall be a body corporate wild perpeitial 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 may sue and be sued in its name (2) in particular, and without prejudice to the generality of the foregoing power, the said scheme may provide for all or any of the following matters, namely:— : : power of central government to make scheme (a) the capital structure of the corresponding new bank, so however that the paid-up capital of any such bank shall not be in excess of rupees one thousand five hundred crores, chapter v miscellaneous 10 () closure of (7) after making provision for bad and doubtfal debts, depreciation - accounts and disposal of profits, in assets, contributions to staff and superannuation funds and all other matters for which provision is necessary under any law, or which - are usually provided for by banking companies, a corresponding new bank shall transfer the balance of profits to the central government (7a) every corresponding new bank shall furnish to the central government the annual balance-sheet, the profit and loss account, and the auditor's report and a report by its board of directors on the working and activities of the bank during the period covered by the accounts 19 (ep)power tomake regulations (2) in particular, and without prejudice to the generality of the foregoing power, the regulations may provide for all or any of the following matters, namely:— : : ps ok

Parliament_bills

d6461e32-4590-5ae6-b12c-a5980cf88f81

bill no lxix of 2010 the constitution (amendment) bill, 2010 a billfurther to amend the constitution of indiabe it enacted by the parliament in the sixty-first year of the republic of india as follows:—short title1 (1) this act may be called the constitution (amendment) act, 2010 2 in part iva of the constitution, after article 51a, the following article shall be inserted, namely:—insertion of new article 51bduty of candidates and political parties during elections"51b it shall be the duty of every political party and candidate, whether such candidate is set up by any political party or not, to ensure that votes are not sought in the name of any religion, religious symbol or by inciting religious feelings of the people in any election to the house of the people or legislative assembly of a state or union territory or any local body" statement of objects and reasonsit has been observed that during elections, some political parties and candidates seek votes in the name of religion or by inciting religious feelings it will have an adverse effect on the society, if such trend continues it is, therefore, necessary to put a check on such moves by amending the constitutionit is, accordingly, proposed to make it a fundamental duty of every political party and candidates, to ensure that votes are not sought by them in any election in the name of religion or by inciting religious feelings although the violation of the duty is not punishable under the existing system of constitution, the political parties and candidates will be morally bound by such provision in the constitutionthe bill seeks to achieve the above objective hence this billmohan singh———— a billfurther to amend the constitution of india————(shri mohan singh, mp)gmgipmrnd—6704rs(s3)—28022011

Parliament_bills

837ec62d-0208-5126-8f91-62edf2f4736e

bill no 44 of 2009 the constitution (andaman and nicobar islands) scheduled tribes order (amendment) bill, 2009 by shri basudeb acharia, mp a bill further to amend the constitution (andaman and nicobar islands) scheduled tribes order, 1959be it enacted by parliament in the sixtieth year of the republic of india as follows:—amendment of the scheduletribes order, 1959, entries 5 and 6 shall be renumbered as entries 6 and 7 respectively, statement of objects and reasonsduring pre and post independence period a large number of ranchi tribals from chotanagpur, bihar (now jharkhand) were settled by the administration in north andaman (ramanagar and kalighal), middle andaman (tugapur) and baratang island their services have been utilized mainly by the forest department and also by other departments in various development activities undertaken in the islands these tribals have now settled in the island permanently hence, they are not migratory labourers however, they are not accorded the status of tribals in the andamans although their counterparts have been classified as tribals in the state of jharkhand ranchi tribals settled in andaman & nicobar islands have never been given any kind of preferential treatment in education, shelter, government jobs, etc by the union territory administration as a result, these people are still socially, educationally and economically backward in comparison to the original inhabitants of the island and are leading a miserable life even after decades of planned developmenttherefore, conferring status of scheduled tribes is necessary to secure justice for the ranchi tribals in view of their economic, educational and social backwardness it is proposed in the bill that the ranchi tribals be included in the list of scheduled tribes of andaman and nicobar islands the bill seeks to achieve the above objectivenew delhi;basudeb achariajune 18, 2009 financial memorandumclause 2 of the bill provides for inclusion of the tribe 'ranchi tribals' in the list of scheduled tribes in respect of the union territory of andaman and nicobar islands 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 rupees one hundred crore is also likely to be involved annexure extract from the constitution (andaman and nicobar islands) scheduled tribes order, 1959 (co 58) the schedule1 2 3 4 onges 5 sentinelese 6 shom pens———— a billfurther to amend the constitution (andaman and nicobar islands) scheduled tribes order, 1959————(shri basudeb acharia, mp )gmgipmrnd—2583ls(s5)—08072009

Parliament_bills

24cd8e1c-e7ab-582a-aaa5-46433bb839c5

bill no 215 of 2015 the anganwadi workers (regularisation of service and other benefits) bill, 2015 byshri at nana patil, mp a billto provide for regularisation of the services of anganwadi workers, conferring the status of permanent employee of the government on them and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the anganwadi workers (regularisation of service andother benefits) act, 2015short title, extent and commencement(2) it extends to the union territories only5(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,—definitions(a) "anganwadi" means an anganwadi centre set up under integrated child development services scheme of the central government;5(b) "anganwadi worker" means any person working in an anganwadi and includes anganwadi helper; and(c) "prescribed" means prescribed by rules made under this actregularisation of services of anganwadi workers3 (1) the central government shall, by notification in the official gazette, takesteps to regularise the services of anganwadi workers and confer the status of group "d" employees of the government on all such anganwadi workers who are serving in anganwadi centres immediately before the commencement of this act10(2) every anganwadi worker whose service has been regularised shall be entitled tosuch tenure, terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as are available to group "d" employees under the central government154 the central government shall take steps to provide accommodation to all anganwadiworkers within the vicinity of their workplaceaccommodation to anganwadi workers205 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficultypower of central government to remove difficulties savings6 the provisions of this act shall be in addition to, and not in derogation of theprovisions of any other law for the time being in forcepower to make rules7 (1) the central government may make rules for carrying out the purposes of thisact25 30(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 reasonsanganwadi centres were started in the country by the central government for implementation of the integrated child development services scheme which includes women literacy, health awareness and child welfare schemes these anganwadi centres are contributing a lot to the development of society in rural and remote areas for the last many years anganwadi workers are properly performing the work of dissemination, publicity and implementation of various schemes of the government in rural areas in view of the importance of services provided in these anganwadi centres, the strength of anganwadi workers has increased from 8 lakh to 14 lakh in the country however, these anganwadi workers do not have any job security and are paid paltry sum as honorarium for their work this may adversely affect the working of these anganwadi workersit is improper to pay very low remunerations to anganwadi workers who are working as an important chain between the government and the people at village level for effective implementation of women and children related welfare schemes therefore, the services of these workers should be recognized and they should be given the status of 'group d' employees of the governmenthence this billnew delhi;a t nana patiljuly 6, 2015 financial memorandumclause 3 of the bill provides for regularisation of services of anganwadi workers and other benefits to them analogous to the group "d" employees of the central government clause 4 provides for the provision of accommodation to the anganwadi workers within the vicinity of their workplace the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india a recurring expenditure of about rupees five thousand crore is likely to be incurreda non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of 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 regularisation of the services of anganwadi workers, conferring the status of permanent employee of the government on them and for matters connected therewith————(shri a t nana patil, mp)gmgipmrnd—1491ls(s3)—23-07-2015

Parliament_bills

ecaf5aa6-a71b-5b24-b554-4dd85557d14f

the pesticides management bill, 2008 ________ arrangement of clauses ________ chapter i preliminary clauses1short title, extent and commencement2application of other laws not barred3definitions chapter ii central pesticides board4constitution of central pesticides board5term of office of nominated members6vacancies, etc, not to invalidate proceedings of board, registration committee or any other committee7functions and powers of board8procedure, etc, of board9officers and employees of board and registration committee10other committees and allowances payable to members of board, registration committee and other committees chapter iii registration of pesticides11registration committee and its functions12registration of pesticides13suspension or cancellation of registration14appeal against refusal or suspension or cancellation or registration15power of central government to review decision of registration committee chapter iv grant of licences16licensing officers17grant of licence18revocation, suspension and amendment of licenses19effect of suspension or cancellation of licence20appeal against decision of a licensing officer21central pesticides laboratory chapter v prohibition of import, export and manufacture of certain pesticides22prohibition of import, export and manufacture of certain pesticides23prohibition of sale, of certain pesticides, etc chapter vi analysis of pesticides clauses24pesticides analysts25pesticides inspectors26power of pesticide inspectors27powers to customs28procedure to be followed by pesticides inspectors29persons bound to disclose place where pesticides are manufactured or kept30report of pesticide analyst31confiscation32notification of poisoning33prohibition of sale, etc, of pesticides for reasons of public safety34notification of cancellation of registration, etc chapter vii offences and punishment35punishment for use of pesticide in contravention of act36punishment for obstruction37punishment for misbranded pesticide38punishment for sub-standard pesticide39punishment in certain cases40publication of name, etc, of offender41offences by companies42defences which may or may not be allowed in prosecution under this act43cognizance and trial of offences44special courts chapter viii miscellaneous45power of central government to give directions to state governments46members and officer of board and registration committee and pesticide inspector tobe public servants47protection of action taken in good faith48power of central government to make rules49power of state government to make rules50exemption in certain cases51compensation to farmer or affected persons52segregation and disposal of pesticides53repeal and savings54power to remove difficulties the pesticides management bill, 2008 a billto regulate the import, manufacture, export, sale, transport, distribution, quality and useof pesticides with a view to—(i) control pests; (ii) ensure availability of quality pesticides; (iii) allow its use only after assessing its efficacy and safety; (iv) minimize the contamination of agricultural commodities by pesticide residues; (v) create awareness among users regarding safe and judicious use of pesticides,and to take necessary measures to continue, restrict or prohibit the use of pesticides on reassessment with a view to prevent its risk on human beings, animals or environment, and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the pesticides management act, 2008(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different states and for different provisions of this act2 the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in forceapplication of other laws not barred3 in this act, unless the context otherwise requires,—definitions(a) "active ingredient" means the technical grade pesticide present in a formulation;(b) "animals" means animals useful to human beings and include fish and fowl, and such kinds of wild life as the central government may, by notification in the official gazette, specify, being kinds which in its opinion is desirable to protect or preserve;(c) "batch" means an identifiable quantity of a technical grade pesticide or its formulation which has been manufactured and processed under uniform conditions in a single lot;(d) "board" means the central pesticides board constituted under section 4; (e) "central pesticides laboratory" means the central pesticides laboratory established, or as the case may be, the institution accredited under section 21;(f) "deemed registered pesticides" means the pesticides registered on the basis of their being imported or manufactured immediately before the commencement of this act;(g) "environment" includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organisms and property;(h) "export" means taking out to any place outside those territories to which this act extends from a place inside the territories;(i) "formulation" means manufacture of a preparation containing one or more technical grade pesticide in a definite proportion along with other specified ingredients;(j) "household pesticide" means any pesticide that is sold to the user for the purpose of use only in household and intended to destroy, deter, render harmless, prevent the action of or otherwise exert a controlling effect on any harmful pest by chemical or biological means, which is not used on fields or farms or for commercial storage applications;(k) "import" means bringing into any place within the territories to which this act extends from a place outside those territories;(l) "label" means any written, printed or graphic matter on the immediate package and on every other covering in which the package is placed or packed and includes any written, printed or graphic matter accompanying the pesticide;(m) "licensing officer" means a licensing officer appointed under section 16; (n) "manufacture", in relation to any pesticide, includes—(i) any process or part of a process for making, altering finishing, packing, repacking, labelling, breaking up or otherwise treating or adopting any pesticide with a view to its sale, distribution or use without changing the date of manufacture or expiry of such pesticide; and(ii) any process by which a preparation containing a pesticide is formulated; (o) "misbranded"—a pesticide shall be deemed to be misbranded—(i) if its label or leaflet contains any statement, design or graphic representation relating thereto which is false or misleading in any material particular, or if its package is otherwise deceptive in respect of its contents; or(ii) if its label does not contain a warning or caution which may be necessary and sufficient, if complied with to prevent risk to human beings or animals; or(iii) if any word, or statement or other information required by or under this act to appear on the label is not displayed thereon in such conspicuous manner as the other words, statements designs or graphic matter have been displayed on the label in such terms as to render it likely to be read and understood by any ordinary individual under customary conditions of purchase and use; or(iv) if it is not packed or labelled as required by or under this act; or (v) if the label contains any reference to registration other than the registration number; or(vi) if the date of manufacture and the date of expiry printed on its label is at variance with the shelf-life as approved by the registration committee; (p) "nominal value" means the registered strength of a pesticide; (q) "other ingredients" means inert material, wetting agents, dispersing agents, emulsifying agents, stabilizers or other substances which are added in a specified proportion to technical grade pesticide to make a formulation;(r) "package" means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper, or such other things as approved by the registration committee, in which an pesticide is placed or packed;(s) "pesticide" means any substance or mixture of substances of chemical or biological origin intended for preventing, destroying, attracting, repelling, mitigating or controlling any pest including unwanted species of plants or animals during the production, storage, transport and distribution of agricultural commodities or animal feeds including substances intended for use as plant growth regulator, defoliant, desiccant, fruit thinning agents, or sprouting inhibitor and substances applied to crops either before or after harvest to protect them from deterioration during storage and transport;(t) "pesticide analyst" means an pesticide analyst appointed under section 24; (u) "pest control operator" means any person who undertakes pest control operations and includes the person or the firm or the company or the organisation under whose control such person is operating(v) "pesticide inspector" means an pesticide inspector appointed under section 25;(w) "premises" means any land, shop, stall or place, where any pesticide is sold or manufactured or stored or used, and includes any vehicle carrying pesticides;(x) "prescribed" means prescribed by rules made under this act; (y) "registered", with its grammatical variations and cognate expressions, means registered under this act;(z) "sale", with its grammatical variations and cognate expressions, means the sale of any pesticide whether for cash or on credit and whether by wholesale or retail, and includes an agreeement for sale, an offer for sale, exposing for sale or having in possession for sale of any pesticide or an attempt to sell any such pesticide;(za) "sub-standard"— a pesticide shall be deemed to be sub-standard—(i) if it does not conform to the active ingredient test approved for it by the registration committee and its active ingredient is within five per cent of the nominal value when applied beyond the upper and lower limits prescribed for conforming to the test:provided that no tolerance limit shall apply in case of pesticides, which are registered on minimum purity basis; or(ii) if it does not conform to other tests specified or approved for it by the registration committee while granting registration; (zb) "spurious"— a pesticide shall be deemed to be spurious—(i) if it is not registered or licensed in the manner required by or under this act; or(ii) if on test or analysis it shows active ingredient higher or lower even beyond the limits prescribed under clause (v); or(iii) if it is an imitation of, or is sold under the name of, another pesticide;or(iv) if the container bears the name of the person or company purporting to be the manufacturer of the pesticide, which is either fictitious or does not exist; or(v) if the chemical composition as approved by the registration committee is not adhered to or is modified or changed by adding or substituting any ingredient or substance; or(vi) if it has outlived its shelf-life, as evident by the date of manufacture and the date of expiry as printed on its label, approved by the registration committee and displayed for sale, distribution, use or caused to be used or not disposed of as per provision under section 52; or(vii) if its import, manufacture, use or sale is prohibited and it is found to be imported, manufactured, stocked, distributed, transported, sold or exhibited for sale, caused to be used; (zc) "state government", in relation to a union territory, means the administrator of that union territory appointed by the president under article 239 of the constitution;(zd) "stockist" in relation to any household pesticide means, any person who purchases such packages for distribution or re-sale from any manufacturer of such pesticide;(ze) "technical grade pesticide" means purest form of a pesticide produced for commercial use, prior to being formulated;(zf) "worker" means a person employed under a contract of service or apprenticeship central pesticides board4 (1) the central government shall, as soon as may be, constitute a board to be called the central pesticides board to advise the central government and the state governments on scientific and technical matters arising out of administration of this act and to carry out the functions assigned to it by or under this act(2) the board shall consist of the following members, namely:—(i) director general of health services, who shall be the chairperson; ex officio(ii) joint drugs controller general of india; ex officio(iii) agriculture commissioner, department of agriculture and cooperation,ministry of agriculture; ex officio(iv) the plant protection adviser to the government of india; ex officio(v) a representative of—(a) director of storagte and inspection, ministry of food, consumer affairs and public distribution;(b) chief adviser of factories; (c) director, national institute of communicable diseases; (d) director-general, indian council of medical research; (e) director, zoological survey of india; (f) director-general, bureau of indian standards; (g) director-general of shipping, ministry of road transport and highways;(h) joint director, traffic (general), ministry of railways (railway board);(i) secretary, central committee for food standards;(j) animal husbandry commissioner, department of animal husbandry, dairying and fisheries;(k) joint commissioner (fisheries), department of animal husbandary, dairing and fisheres, ministry of agriculture;(l) deputy inspector-general of forests (wild life), ministry of environment and forests;(m) industrial adviser (chemical), department of industrial policy and promotion, ministry of commerce;(n) department of biotechnology;(o) ministry of commerce, department of commerce;(p) central ground water board;(q) national institute of nutrition;(r) ministry of law; (vi) assistant director-general (plant protection), indian council of agricultural research, ex officio;(vii) director, central pesticides laboratory, ex officio; (viii) assistant director-general (prevention of food adulteration), ministry of health and family welfare, ex officio;(ix) additional industrial adviser (chemicals), department of chemicals and petrochemicals, ministry of chemicals and fertilizers, ex officio;(x) director, hazardous substances management, ministry of environment and forests, ex officio;(xi) director, national institute of occupational health, ex officio;(xii) one pharmacologist to be nominated by the central government; (xiii) one medical toxicologist to be nominated by the central government;(xiv) one person who shall be in charge of the department dealing with public health in a state, to be nominated by the central government;(xv) five persons who shall be directors of agriculture or horticulture in states, representing five respective agro-climatic zones, to be nominated by the central government;(xvi) one person to represent the council of scientific and industrial research, to be nominated by the central government; and(xvii) one ecologist to be nominated by the central government(3) the central government may appoint an officer from the directorate of plant protection as the member-secretary to the board having such qualifications as may be prescribedterm of office of nominated members5 the person nominated under clauses (xii) to (xviii) of sub-section (2) of section 4shall, unless their seats become vacant earlier by resignation, death or otherwise, hold office for a period of three years from the date of their nomination but shall be eligible for renomination:provided that the persons nominated under clauses (vi) to (xi) shall hold office only for so long as they hold the appointments by virtue of which their nominations were made6 no act or proceeding of the board, the registration committee or any other committee constituted under this act, shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of the board, the registration committee or such committee, as the case may bevacancies, etc, not to invalidate proceedings of board, registration committee or any other committee7 the matters on which the board may advise the central government and the state governments shall, inter alia, include—functions and powers of board(a) prevention of risk to human beings, animals and environment during the manufacture, sale, storage, transport, distribution, handling and use of pesticides and necessary safety measures and practices relating thereto;(b) monitoring performance of registered pesticides in improvement of agricultural production;(c) review of the toxicity and safety of pesticides from time to time;(d) suggest development and availability of safer alternatives to existing pesticides as per latest global research and development; and(e) disposal of obsolete, date-expired and banned pesticidesprocedure, etc, of board8 the board may, subject to the previous approval of the central government, makeregulations for the purpose of regulating its procedure and the procedure of any committee thereof and the conduct of all business to be transacted by it or such committee9 the central government shall provide the board and the registration committee with such technical and other staff, as it considers necessaryofficers and employees of board and registration committee10 (1) the board may constitute such committees as it considers necessary and may appoint to them, persons who are not memebrs of the board to exercise such powers and perform such duties as may, subject to such conditions, if any, as the board may impose, be delegated to them by the board(2) the members of the board, the registration committee and other committees shall receive such allowances as may be prescribedother committees and allowances payable to members of board, registration committee and other committees chapter iii registration of pesticidesregistration committee and its functions11 (1) the central government shall constitute a registration committee consisting of the chairperson and following ex officio members, namely:—(a) agriculture commissioner in the ministry of agriculture as chairperson; (b) plant protection adviser to the government of india;(c) joint drugs controller general of india; (d) assistant director general (plant protection), indian council of agricultural research;(e) director, national institute of occupational health; (f) additional industrial adviser (chemicals), department of chemicals and petrochemicals, ministry of chemicals and fertilizers;(g) assistant director general (prevention of food adulteration), ministry of health and family welfare;(h) director, hazardous substances management, ministry of environment and forests;(i) director, industrial toxicological research centre; (j) member-secretary, central pesticide board as member-secretary(2) the registration committee shall—(i) register pesticides after scrutinising their formulae and verifying claims made by the importer or the manufacturer or the exporter, as the case may be, as regards their efficacy and safety to human beings, animals and environment;(ii) allow the continued use or restrict or prohibit the use on reassessment of their safety and availability of safer alternatives;(iii) specify requirements of necessary infrastructure inclduing machinery, equipment and technically qualified personnel for grant of licence for manufacture and storage of pesticides;(iv) specify guidelines for the regulation of advertising of pesticides in all media to ensure that it is in accordance with label directions and precautions to be observed in its application;(v) specify protocols, procedures and good manufacturing practices for manufacture of pesticides;(vi) maintain a national register of persons engaged in import, manufacture and export of pesticides;(vii) perform such other functions as are assigned to it by or under this act; and (viii) notify the pesticides registered under this act from time to time; and specify the pesticides having pesticidal properties and its uses in such manner as may be prescribed (3) the registration committee may co-opt such number of experts and for such purpose or period as it may consider necessary but the expert so co-opted shall have no right to vote(4) the registration committee may constitute one or more sub-committees consisting of at least three persons who are members of the committee to exercise such powers and perform functions delegated to them by the committee, subject to such conditions, if any, as the committee may impose:provided that the sub-committee shall submit details of the decisions taken by them for the ratification by the registration committeeregistration of pesticides12 (1) any person desiring to import or manufacture or export any pesticide shall apply to the registration committee for the registration of such pesticide and there shall be separate application for each pesticide:46 of 1968provided that the insecticides registered under the provisions of the insecticides act,1968, immediately before the commencement of this act, shall be deemed to be the registered pesticides under the corresponding provisions of this act(2) every application under sub-section (1) shall be made in such form and contain such particulars as may be prescribed, including claims regarding expected performance, efficacy and safety along with usage instructions and infrastructure available or proposed to be made available to manufacture and to stock that pesticide(3) it shall be the responsibility of all applicants applying for registration to provide complete information on all the known inimical effects of the pesticide on human beings, animals and the environment(4) on receipt of the application complete in all respects for the registration of a pesticide, the committee may, after such enquiry as it considers necessary and after satisfying itself that the pesticide to which the application relates conforms to the claims made by the importer or by the manufacturer or by the exporter, as the case may be, as regards the expected performance and efficacy of the pesticide as well as its safety to human beings, animals and environment, and availability or provision of requisite minimum infrastructure to manufacture and stock that pesticide, register the pesticide on such conditions as may be specified by it and on payment of such fee as may be prescribed and allot a registration number thereto and issue a certificate of registration as a token thereof within a period of two years:provided that the committee may, in exceptional circumstances and for reasons to be recorded in writing, extend the period up to six months34 of 2006(5) no pesticide shall be registered for import or manufacture unless its tolerance limit are specified for its residues on crops and commodities under the food safety and standards act, 2006(6) the data submitted for the purpose of registration in respect of a pesticide under this section which has not been previously registered shall not be relied upon for grant of registration of the same pesticide in respect of any other person for a period of three years(7) subject to sub-section (6), where a pesticide has been granted a patent, the period of non-reliance on data shall be limited to the period of the patentexplanation— the words "not been previously registered" in respect of a pesticide shall include its name or label expansion through "new uses":provided that the provisions of non-reliance on data submitted for registration of a pesticide by the first registrant shall be available for the period with effect from the date of the first marketing approval granted anywhere in the world and this shall not apply to the data relating to bio-efficacy and shelf-life part of pesticides where data is to be generated for use under indian conditions(8) subject to the provisions of sub-section (6), the central government may relax or exempt the provision of non-reliance of data submitted for registration of a pesticide by the first registrant in the following circumstances, namely:—(i) (a)national exigency; or(b) in cases of urgency; or (c) public interest; or(ii) for use by the government for academic and research purposes(9) if the committee is of the opinion that the precautions claimed by the applicant as being sufficient to ensure safety to human beings or animals are not such as can be easily observed or that notwithstanding the observance of such precautions the use of the pesticide involves serious risk to human beings or animals or environment, or that infrastructure to manufacture or stock that pesticide is inadequate, it may refuse to register the pesticide(10) where the registration committee is of opinion that the pesticide is being introduced for the first time in india, it may pending an enquiry, register it provisionally for a period of two years on such conditions as may be specified by it for the purpose of generation of data for making an application under sub-section (1):provided that the central government may, on the recommendation of the registration committee and if no other appropriate pesticide is registered or available, allow commercialization of such pesticide on such conditions as may be specified to meet national exigency(11) the registration committee may, having regard to the efficacy of the pesticide and its safety to human beings and animals, vary the conditions subject to which a certificate of registration has been granted and may for that purpose require the certificate-holder by giving notice in writing to produce the certificate before it within such time as may be specified in the notice(12) notwithstanding anything contained in this section, where a pesticide has been registered on the application of any person, any other person desiring to import or manufacture the pesticide or engaged in the business of import or manufacture thereof, shall, on application and on payment of prescribed fee, be allotted a registration number and granted a certificate of registration in respect thereof on the same conditions on which the pesticide was registered under sub-section (4):provided that registration in respect of a pesticide, data of which cannot be relied upon under sub-section (6) shall not be granted during a period of three years of the date of its registration unless a letter of consent is enclosed with the application, in original, from the registrant of that pesticide(13) subject to the provisions of sub-section (12), the central government may allow grant of registration under this sub-section in respect of a pesticide, data of which is not relied upon under sub-section (6) even within the period of three years of the date of registration of such pesticide in the following circumstances, namely:—(a) national exigency; or (b) in cases of urgency; or (c) public interest;13 (1) if the registration committee, either suo motu or otherwise, is prima facie satisfied of violation of any provision of the act or the rules framed thereunder, or any of the conditions of certificate of registration, if may, after giving an opportunity of hearing to the registrant and for reasons to be recorded in writing, suspend the registration certificate for a period not exceeding three months(2) the certificate of registration issued under section 12 shall be deemed cancelled if the registrant fails to submit a copy of the manufacturing licence and satisfy the registration committee of having set up necessary manufacturing facilities and started production of that pesticide within a period of three years in case of manufacture or a copy of the licence to manufacture, stock, distribute or sale within a period of one year in case of import(3) the registration committee may either itself or through any of its officers, may cause the inspection of the manfacturing premises or processing facility of that registrant with respect to adequacy of infrastructure to manufacture, stock that pesticide and cancel the certificate of registration if the infrastructure is found inadequate(4) (a) the registration committee, having satisfied itself with the adverse impact of a pesticide of a particular registrant on crops, human beings, animals or environment or to minimise the risk of such adverse impact through risk assessment or risk benefit analysis, either on its own motion or on receiving evidence of adverse impact may after giving an opportunity of hearing to the registrant, and for the reasons to be recorded in writing, cancel the registration of that pesticide;(b) the registration commitee, having satisified itself with the evidence that any of the conditions of certificate of registration in respect of a pesticide has been violated, may after giving an opportunity of hearing to the registrant, and for the reasons to be recorded in writing, cancel the registration of that pesticide(5) the registration committee at any time, either suo motu or on the basis of a complaint, may visit and inspect any manufacturing premises or facilities, or may cause the said manufacturing presmises or facility to be visited and inspected through any of its officers and if it is found by way of such inspection that the facility of manufacturing and laboratory thereof are sub-standard or that the capacity is inadequate for manufacture of registrered pesticide, such registration shall be cancelled by the reigstration committee, after giving an opportunity of hearing to the registrant and for the reasons to be recorded in writing(6) if it is found that the data submitted by the applicant is false or misleading or has been deliberately suppressed, such registration shall be cancelled by the registration committee, after having been given an opportunity of hearing to the registrant and for the reasons to be recorded in writing14 any person aggrieved by a decision of the registration committee under section12 or 13 may, within a period of thirty days from the date on which the decision is communicated to him, appeal in the prescribed manner and on payment of the prescribed fees to the central government whose decision thereon shall be final:appeal against refusal or suspension or cancellation registrationprovided that the central government may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time:provided further that no order under this section shall be made without giving an opportunity of hearing to the applicant15 the central government may, at any time, call the record relating to any case in which the registration committee has given a decision under section 12 or 13 for the purpose of satisfying itself as to the grounds for arriving at any such decision and may pass any order in relation thereto as it considers necessary:power of central government to review decision of registration committeeprovided that no such order shall be passed after the expiry of a period of one year from the date of decision of the registration committee:provided further that the central government shall not pass any order prejudicial to any person unless that person has been given a reasonable opportunity of being heard chapter iv grant of licenceslicensing officers16 the state government may, by notification in the official gazette, appoint such person as it thinks fit to be licensing officers for the purposes of this act having such qualifications as may be prescribed by the state government and define the areas in respect of which they shall exercise jurisdiction| grant | of ||------------------------------------------------------------------------------------------------|------|| licence | || 17 | ( || distribute any pesticide or to undertake commerical pest control operations with the use of | || any pesticide, who himself possesses, or employ a person possessing, such qualifications | || as may be prescribed, may make an application to the licensing officer for grant of a licence: | || provided that the person except a manufacturer, holding the licence on the date of | || coming into force of this act shall be exempted from the condition of himself possessing, or | || employing a person possessing prescribed qualification, for a period of five years | |(2) every application under sub-section (1) shall be made in such form and shall contain such particulars as may be prescribed(3) on receipt of an application complete in all respect for the grant of a licence, the licensing officer may grant a licence, within a period of three months from the date of receipt of the application complete in all respect, in such form, on such conditions and on payment of such fees as may be prescribed(4) a licence granted under this section shall be issued for such period, which may be renewed from time to time on payment of such fees, as may be prescribed(5) in prescribing fees for the grant or renewal of licences under this section, different fees may be prescribed for the sale or distribution of pesticides for domestic use and for other purposes(6) (i) any persons who intends to manufacture household pesticide shall obtain a separate licence for stocking, distribution or sale of each of the household pesticide(ii) any persons who desires to distribute or stock for distribution household pesticides shall obtain only one licence for stocking or distribution of all the household pesticides(iii) a retailer shall not require a licence to sell, stock or exhibit for sale, a household pesticide(7) the licensing officer shall—(a) maintain a register of persons engaged in manufacture, distribution, stocking and sale of pesticides and of persons engaged in commercial pest control operations with the use of any pesticide in such form as may be prescribed;(b) provide information to the state government on infrastructure facilities possessed by pesticide manufacturers;(c) provide information to the state government on performance of registered pesticides in improving agricultural production; and(d) provide information to the state government on the monitoring of the quality of pesticides and the offences and punishment awarded under this act(8) the state government shall send a report for a period of every six months to the central government containing details of information under sub-section (7) in such form as may be prescribed18 (1) if the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that—revocation, suspension and amendment of licences(a) the licence granted under section 17 has been granted because of misrepresentation as to an essential fact; or(b) the holder of a licence has failed to comply with the conditions subject to which the licence was granted or has contravened any of the provisions of this act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause revoke or suspend the licence(2) subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a licence granted under section 1719 a licence to manufacture, sell, stock or exhibit for sale or distribute a pesticide or to undertake commercial pest control operations with the use of that pesticide shall be deemed to be suspended or cancelled, as the case may be, if the certificate of registration of that pesticide is suspended or cancelled by the registration committee| effect ||-----------------|| suspension or || cancellation of || registration on || licence || appeal against || decision of a || licensing || officer |20 (1) any person aggrieved by a decision of a licensing officer under section 17 or section 18 may, within a period of thirty days from the date on which the decision is communicated to him, appeal to such authority in the manner and on payment of such fees as may be prescribed:provided that the appellate authority may entertain an appeal after the expiry of the said period if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time(2) on receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of showing cause, make an endeavour to dispose of the appeal within a period of six months and the decision of the appellate authority thereon shall be finalcentral pesticides laboratory21 (1) the central government may, by notification in the official gazette, establish a central pesticides laboratory under the control of director to be appointed by the central government to carry out the functions entrusted to it by or under this act:provided that if the central government so directs by a notification in the official gazette, the functions of the central pesticides laboratory shall, to such extent as may be specified in the notification, be carried out at any such institution as may be specified therein and thereupon the functions of the director of the central pesticides laboratory shall to the extent so specified, be exercised by the head of that institution:provided further that the central government may accredit private laboratories to carry out any or all functions of the central pesticides laboratory on fulfilment of such criteria and procedure as may be prescribed and subject to inspection by, and control of, the plant protection adviser to the government of india(2) no private laboratory, any director or partner or officer of which has any financial interest in the manufacture, import, export, stocking for distribution or sale of any pesticide or pest control operation, shall be accredited under sub-section (1)(3) any accreditation granted under sub-section (1) may be withdrawn for the reasons to be recorded in writing and after giving the accredited laboratory an opportunity of being heard and such withdrawal of accreditation shall be conclusive chapter v prohibition of import, export and manufacture of certain pesticides22 (1) no person shall, himself or by any person on his behalf, import, export or manufacture—(a) any misbranded, sub-standard or spurious pesticide;prohibition of import, export and manufacture of certain pesticides(b) any pesticide the sale, distribution or use of which is for the time being prohibited under section 33;(c) any pesticide except in accordance with the condition on which it was registered; and(d) any pesticide in contravention of any other provision of this act or of any rule made thereunder (2) no person shall, himself or by any person on his behalf, manufacture any pesticide except under, and in accordance with the conditions of a licence issued for such purpose under this act(3) no person shall, himself or by any person on his behalf, import any pesticide from, or export any pesticide to, any country in contravention of the provisions of the prior informed consent procedure specified for certain hazardous chemicals and pesticides in international trade23 (1) no person shall, himself or by any person on his behalf, sell, stock or exhibit for sale, distribute, transport, use, or cause to be used by any worker—prohibition of sale, etc, of certain pesticides(a) any pesticide which is not registered under this act; (b) any pesticide, the sale, distribution or use of which is for the time being prohibited under section 33;(c) any pesticide in contravention of any other provision of this act or of any rule made thereunder;(d) any pesticide in a packing other than its original packing in which it was primarily packed by the manufacturer;(e) any pesticide which has outlived its shelf-life as evident from its label; and (f) any pesticide without disclosing its expected performance as claimed and usage instructions as suggested by the manufacturer or importer, as the case may be, while applying for grant of certificate of registration under section 12 (2) no person shall—(i) transport, or cause to be transported, any pesticide, which is registered in india only for the purpose of export, within the country except directly between the premises of manufacture for which the licence has been obtained and the port of exit; or(ii) distribute, sell or exhibit for sale, or use or caused to be used any pesticide within the country, which is registered in india only for the purpose of export(3) no person shall, himself or by any person on his behalf, sell, stock or exhibit for sale or distribute or use for commercial pest control operations any pesticide except under, and in accordance with the conditions of, a licence issued for such purpose under this act chapter vi analysis of pesticidespesticide analysts24 the central government or a state government may, by notification in the official gazette, appoint such persons as it thinks fit, possessing such technical and other qualifications as may be prescribed, to be pesticide analysts for such areas and in respect of such pesticides or class of pesticides as may be specified in the notification:provided that no person who has any financial interest in the manufacture or import or export or sale of any pesticide, shall be appointed as pesticide analystspesticides inspectors25 the central government or a state government may, by notification in the official gazette, appoint such persons as it thinks fit, possessing such technical and other qualifications as may be prescribed, to be pesticide inspectors for such areas as may be specified in the notification:provided that no person who has any financial interest in the manufacture or import or export or sale of any pesticide shall be appointed as pesticide inspector26 (1) a pesticide inspector shall have power—power of pesticide inspectors(a) to enter and search, at all reasonable times and with such assistance, if any, as he considers necessary, any premises in which he has reason to believe that an offence under this act or the rules made thereunder has been or is being or is about to be committed; or for the purpose of satisfying himself that the provisions of this act or the rules made thereunder or the conditions of any certificate of registration or licence issued thereunder are being complied with;(b) to require the production of, and to inspect, examine and make copies of, or take extracts from registers, records or any other documents kept by a manufacturer, distributor, carrier, dealer or any other person in pursuance of the provisions of this act or the rules made thereunder and seize the same, if he has reason to believe that all or any of them, may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder;(c) to make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act or the rules made thereunder are being complied with and for that purpose stop any vehicle;(d) to stop, with the permission of the executive magistrate, the distribution, sale or use of a pesticide which he has reason to believe is being distributed or sold or used in commercial pest control operations in contravention of the provisions of this act, or the rules made thereunder, till the receipt of the report of the pesticide analyst under sub-section (1) of section 30:provided that if the pesticide inspector has not been able to take prior permission due to emergent circumstances, he shall, as soon as may be but not later than fortyeight hours, inform the executive magistrate and take his orders to stop the sale of any pesticide;(e) to take samples of any pesticide and send such samples within forty-eight hours for test and analysis to the pesticide analyst in such manner as may be prescribed; and(f) to exercise such other powers as may be necessary for carrying out the purposes of this act or the rules made thereunder2 of 1974(2) the provisions of the code of criminal procedure, 1973, shall, so far as may be, apply to any search or seizure under this act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said codepowers to customs27 notwithstanding anything contained in section 26, any customs officer, shall on his own volition or on receiving a written complaint about unlawful import or export of any pesticide also have the powers of a pesticide inspector, specified under section 26 and take action as per provisions of this act28 (1) where a pesticide inspector seizes any record, register or document under clause (b) of sub-section (1) of section 26, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereofprocedure to be followed by pesticide inspectors(2) where a pesticide inspector takes any action under clause (d) of sub-section (1)of section 26—(a) he shall use all reasoning in ascertaining whether or not the pesticide or its sale, distribution or use contravenes any of the provisions of section 23 and if it is ascertained that the pesticide or its sale, distribution or use does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized;(b) if he seizes the stock of the pesticide he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof;(c) without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the pesticide, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order and in case where the pesticide inspector has seized the stock of pesticide, he shall, as soon as may be, inform a magistrate and obtain his orders as to the release thereof (3) where a pesticide inspector takes any sample of a pesticide, he shall issue a receipt therefor stating therein that the fair price of such sample shall be tendered by cheque if the sample, after test or analysis is not found to be misbranded, sub-standard or spurious and the pesticide analyst has reported to that effect and on such price having been tendered may require a written acknowledgement therefor(4) where a pesticide inspector seizes the stock of any pesticide under clause (d) of sub-section (1) of section 26, he shall tender a receipt therefor in the prescribed form(5) where a pesticide inspector takes a sample of a pesticide for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall draw the sample and divide it into three portions, each of 250 millilitre of volume or 250 gram of weight, in simulated containers or glass bottles, in case of a liquid pesticide or polythene bags in case of solid pesticide from the containers carrying more than one litre of volume or one kilogram of weight, and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked and also put his seal on the package from which the sample is drawn indicating the quantity of sample drawn for test or analysis:provided further that where the pesticide is made up in containers carrying up to one litre in volume or one kilogram of weight, instead of dividing a sample as aforesaid, the pesticide inspector shall take three of the said containers after suitably marking the same and sealing them(6) the pesticide inspector shall dispose of the sample so divided or containers, as the case may be, as follows:—(i) one portion or container, he shall restore to the person from whom he takes it, who may use it for test or analysis for adducing evidence in controversion of the report of the pesticide analyst under sub-section (3) of section 30;(ii) one portion or container, he shall send to the pesticide analyst within forty-eight hours for test or analysis under sub-section (1) of section 30; and(iii) one portion or container, he shall send within forty-eight hours to be deposited with the director (agriculture) in respect of pesticide inspectors notified by the state government or the plant protection adviser to the government of india in respect of pesticide inspectors, notified by the central government, for producing to the court before which proceedings, if any, are instituted in respect of the pesticide for test or analysis under sub-section (4) of section 30 (7) the remains of the samples so drawn and tested shall be disposed of in the manner prescribed under section 52 after three years or the pendency of the proceedings before the court, whichever is earlier29 every person for the time being in charge of any premises where any pesticide is being manufactured or is kept for sale or distribution shall, on being required by a pesticide inspector so to do, disclose the place where the pesticide is being manufactured or is kept, as the case may bepersons bound to disclose place where pesticides are manufactured or keptreport of pesticide analyst30 (1) the pesticide analyst to whom a sample of any pesticide has been submitted for test or analysis under clause (ii) of sub-section (6) of section 28, shall, within a period of forty-five days, deliver to the pesticide inspector a signed report in triplicate in the prescribed form(2) the pesticide inspector on receipt thereof shall, within a period of fifteen days, deliver two copies of the report to the person from whom the sample was taken, who shall deliver one copy to the manufacturer of that pesticide, and retain one copy for use in any prosecution in respect of the sample(3) report signed by the pesticide analyst shall be the evidence of the fact stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken has within a period of twenty-eight days of receipt of the report, notified in writing, the pesticide inspector or the court before which any proceeding in respect of the sample is pending that he intends to adduce evidence controverting the report(4) unless the sample has already been tested or analysed in the central pesticides laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of the pesticide analyst's report, the court may, in its discretion or on the request, of the complainant or the accused, cause the sample of the pesticide produced before the magistrate under clause (iii) of sub-section (6) of section 28 to be sent for test or analysis to the said laboratory(5) on receipt of the sample of pesticide under sub-section (4), the laboratory shall, within a period of thirty days, carry out the test or analysis and report in writing signed by, or under the authority of, the director of the central pesticides laboratory the result thereof, and such report shall be conclusive evidence of the fact stated therein(6) the cost of a test or analysis made by the central pesticides laboratory under subsection (5) shall be paid by the complainant or the accused, as the court may directconfiscation31 (1) where any person has been convicted under this act for contravening any ofthe provisions of this act or of the rules made thereunder, the stock of the batch of the pesticide in respect of which the contravention has been made shall be liable to confiscation(2) without prejudice to the provisions contained in sub-section (1) where the court is satisfied on the application of a pesticide inspector or otherwise and after such inquiry as may be necessary, that the pesticide is misbranded, sub-standard or spurious, such pesticide shall be liable to confiscation| notification | of ||------------------------------------------------------------------------------------------------|------|| poisoning | || 32 | (1) || person or class of persons specified therein to report all occurrences of poisoning (through | || the use or handling of any pesticide) coming within his or their cognizance to such officer as | || may be specified in the said notification | |(2) the state government shall also submit a copy of the report on occurrences of poisoning to the central government on quarterly basisprohibition of sale, etc, of pesticides for reasons ofpublic safety33 (1) if, on receipt of a report under section 32 or otherwise, the central government or the state government is of the opinion, for reasons to be recorded in writing, that the use of any pesticide specified in clause (j) or clause (s) of section 3 or any specific batch thereof is likely to involve such risk to human beings or animals as to render it expedient or necessary to take immediate action, then, that government may, by notification in the official gazette, prohibit the sale, distribution or use of the pesticide or batch in such area, to such extent and for such period not exceeding one hundred and eighty days as may be specified in the notification pending investigation into the matter:provided that where the investigation is not completed within the said period, the central government, or as the case may be, the state government with prior approval of the central government, may extend it by such further period not exceeding sixty days in aggregate as it may specify in a like manner(2) if, as a result of its own investigation or on receipt of the report from the state government, and after consultation with the registration committee, the central government is satisfied that the use of the said pesticide or batch is likely to cause any risk, it may pass such order including an order refusing to register the pesticide or canceling the certificate of registration, if any, granted in respect thereof, as it deems fit, depending on the circumstances of the case34 a refusal to register any pesticide or a cancellation of a certificate of registration of any pesticide shall be notified in the official gazette and in such other manner as may be prescribednotification of cancellation of registration, etc chapter vii offences and punishment35 whoever uses or causes to use a pesticide in contravention of any provision of this act or any rule made thereunder shall be punishable with a fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with imprisonment for a term which may extend to six months, or with bothpunishment for use of pesticide in contravention of actpunishment for obstruction36 whoever obstructs a pesticide inspector, or an officer exercising the power of the pesticide inspector, in the exercise of his powers or discharge of his duties under this act or the rules made thereunder shall be liable to a penalty which may extend to twenty-five thousand rupeespunishment for misbranded pesticide37 whoever imports, exports, manufactures, sells, stocks, or exhibits for sale ordistributes any misbranded pesticide shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees or with imprisonment for a term, which may extend to one year, or with both38 whoever—(a) imports, exports, manufactures, sells, stocks, or exhibits for sale or distributes any sub-standard pesticide; orpunishment for substandard pesticide(b) imports or exports any pesticide in contravention of sub-section (3) of section 22, shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with imprisonment for a term which may extend to two years, or with both39 (1) whoever—punishment in certain cases(a) imports or manufactures any pesticide without a certificate of registration; or (b) manufactures, sells, stocks or exhibits for sale or stocks for pest control operation or distributes a pesticide without a valid licence; except the retailer for sales, stocking or exhibiting for sale any household pesticide; or(c) imports, manufactures, sells stocks or exhibits for sale or distributes any spurious pesticide; or(d) imports, manufactures, sells, stocks, or exhibits for sale or distributes any pesticide which is ineffective on particular crop for which it is intended to be used as approved by the registration committee or is phyto-toxic to that crop, or if it has a toxicity which is higher than the level specified; or(e) sells, stocks or distributes a pesticide in contravention of section 33; or (f) causes a pesticide, the use of which has been prohibited under section 33 to be used by any worker; or(g) sells, stocks or exhibits for sale or distributes or stocks for pest control operation any pesticide which is in contravention of provisions of section 23, shall be punishable with fine which shall not be less than five lakh rupees but which may extend to ten lakh rupees or with imprisonment for a term which may extend to five years, or with both in addition to cancellation of licence, wherever applicable, and sealing of manufacturing premises(2) whoever contravenes any other provisions of this act or rule made thereunder or any condition of a certificate of registration or licence granted thereunder or fails to perform as per the claims of efficacy and safety, made under sub-section (2) of section 12 at the time of registration, shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year, or with bothpublication of name, etc, of offender40 if any person convicted of an offence under this act commits a like offence afterwards, it shall be lawful for the court before which a conviction takes place to cause the offenders name and place of residence, the offence and the penalty imposed, to be published in such newspapers or in such other manner as the court may directoffences by companies41 (1) where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that the offence was commited without his knowledge or that he exercised all due diligence to prevent the commission of such offence(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation— 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 firmdefences which may or may not be allowed in prosecution under this act42 (1) save as hereinafter provided in this section, it shall be no defence in a prosecution under this act to prove merely that the accused was ignorant of the nature or quality of the pesticide in respect of which the offence was committed or of the risk involved in the manufacture, sale or use of such pesticide or of the circumstances of its manufacture or import(2) for the purposes of section 22, a pesticide shall not be deemed to be misbranded, sub-standard or spurious only by reason of the fact that there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or the preparation of the pesticide and not to increase the bulk, weight or measure of the pesticide or to conceal its inferior quality or other defect(3) a person not being an importer or a manufacturer of a pesticide or his agent for the distribution thereof, shall not be liable for a contravention of any provision of this act, if he proves—(a) that he acquired the pesticide from an importer or a duly licenced manufacturer, distributor or dealer thereof; and(b) that the pesticide, while in his possession, was properly stored and remained in the same state in which he acquired itcognizance and trial of offences43 (1) no prosecution for an offence under this act shall be instituted except by, orwith the written consent of the state government or a person authorised in this behalf by the state government(2) no court inferior to that of a metropolitan magistrate or a judicial magistrate of first class shall try any offence under this actspecial courts44 (1) if the state government is satisfied that it is necessary for the purpose ofproviding for speedy trial of offences under this act in any district or metropolitan area, it may, by notification in the official gazette and after consultation with the high court, notify one or more courts of judicial magistrates of first class, or as the case may be, a metropolitan magistrate, in such district or metropolitan area to be special courts for the purposes of this act(2) unless otherwise directed by the high court, a court notified under sub-section(1), shall exercise jurisdiction only in respect of cases under this act(3) subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of the special court notified under sub-section (1) in any district or metropolitan area shall extend throughout the district or the metropolitan area, as the case may be(4) subject to the foregoing provisions of this section, a special court notified under sub-section (1) in any district or metropolitan area shall be deemed to be a court established under sub-section (1) of section 11, or as the case may be, sub-section (1) of section 16 of the code of criminal procedure, 1973 and the provisions of that code shall apply accordingly in relation to such courts chapter viii miscellaneous45 the central government may give such directions, as it may deem necessary, to a state government or the board for carrying out all or any of the provisions of this act and the state government, or as the case may be, the board, shall comply with such directionspower of central government to give directions to state governments45 of 186046 the members and the officers of the board and the registration committee and the pesticide inspector or an officer exercising the power of the pesticide inspector shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act or the rules made thereunder, to be public servants within the meaning of section 21 of the indian penal codemembers and officers of board and registration committee and pesticide inspector to be public servants protection of action taken in good faith47 no prosecution, suit or other proceeding shall lie against the government, or any officer of the government, or the board, the registration committee or any committee of the board, for anything in good faith done or intended to be done under this act48 (1) the central government may, after consultation with the board and subject to the condition of previous publication, by notification in the official gazette, make rules for carrying out the provisions of this act: power of central government to make rulesprovided that consultation with the board may be dispensed with if the central government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case the board shall be consulted within six months of the making of the rules and the central government, shall take into consideration any suggestions which the board may make in relation to the amendment of the said 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 notifying the registered presticides and specifying the pesticides having pesticidal properties and its use under clause (viii) of sub-section (2) of section 11;(b) the form and particulars of making application for registration of pesticides under sub-section (1), fee for its registration under sub-sections (4) and (12) and the matters of public interest for exemption of non-reliance of data under sub-section (13)of section 12;(c) the manner of making appeal and payment of fee thereon to the central government against the decision of the registration committee under section 14;(d) the form of application for the grant of licence and the particulars relating thereto under sub-section (2); the form of licence, the conditions attached thereto and the fee payable therefor under sub-section (3); the period for which a licence may be renewed and the fee for such renewal under sub-section (4); the form of register to be maintained by the licensing office under sub-section (7); the form of report to be submitted by the state government under sub-section (8) of section 17;(e) the circumstances in which a licence may be varied or amended under subsection (2) of section 18;(f) the authority to, and the manner in, and the fee on payment of which, an appeal may be filed under section 20 and the procedure to be followed by the appellate authority in disposing of the appeal;(g) the qualifications, powers and duties of an pesticide analyst and an pesticide inspector;(h) the manner of taking samples of any pesticide testing of such samples and the fee payable therefor;(i) the form of tendering receipt under sub-section (4) and the form in which intimation shall be given by an pesticide inspector under sub-section (5) of section 28to a person from whom a sample of a pesticide is taken for test of analysis;(j) the form in which a pesticide analyst shall submit a report of his test or analysis to the pesticide inspector under sub-section (1) of section 30;(k) the manner in which refusal to registration of a pesticide or cancellation of certificate of registration thereof may be notified;(l) the officer or authority to whom the central government may delegate any of the powers and functions conferred on it by this act;(m) provide for the exemption, conditionally or otherwise, from all or any of the provisions or the rules (except relating to registration, manufacture and quality control) for retailers and stockist in respect of the category of household pesticide;(n) the manner and time of segregation and disposal of pesticides of a batch which has outlived its shelf-life or has been declared misbranded, sub-standard or spurious or has been banned; and(o) any other matter which has to be, or may be, prescribed(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rulepower of state government to make rules49 (1) the state government may, after consultation with the board and subject to the condition of previous publication, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this act and not inconsistent with the rules, if any, made by the central government(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for—(a) the qualifications of the licensing officer under section 16; (b) the authority to which, the manner in which, and the fee on payment of which, an appeal may be filed under section 20 and the procedure to be followed by the appellate authority in disposing of the appeal; and(c) the delegation of any of the powers and functions conferred by this act on the state government to any officer or authority specified by that government (3) every rule made by the state government under this section shall be laid as soon as it is made, before each house of the state legislature where it consists of two houses, or where such state legislature consists of one house, before that house exemption in certain cases50 (1) (a) nothing in this act shall apply to the use of any pesticide by any person for his own household purposes or for garden or in respect of any land under his cultivation;(b) the central government may, on the recommendation of the registration committee and subject to such conditions as it may specify therein, exempt from any or all provisions of this act any substance having pesticidal properties or any preparation containing any one or more such substances, if such substance or preparation is intended for the purpose other than those mentioned under clause (j) or (s) of section 3(2) the central government may, by notification in the official gazette, and subject to such conditions, if any, as it may specify therein, exempt from all or any of the provisions of this act or the rules made thereunder, any educational, scientific or research organisation engaged in carrying out experiments with pesticidecompensation to farmer or affected person51 every pesticide sold to a farmer, producer, stockist, distributor, retailer or pest control operator, as the case may be, shall disclose the expected performance, efficacy or safety of such pesticide under given conditions, and if the pesticide fails to provide the expected performance or causes any harm to human or animal health or damage to the environment by use of that pesticide, then, the farmer or the affected person may claim compensation from the manufacturer or distributor or stockist or retailer or pest control operator, as the case may be, under the provisions of the consumer protection act, 198668 of 1986segregation and disposal of pesticides52 a batch of a pesticide that has outlived its shelf-life; or a batch that has been declared to be misbranded, sub-standard or spurious or has been banned shall, within a period of three months, be segregated and disposed of in such manner which is safe for human beings, animals and environment as may be prescribed:provided that the remains of samples of pesticides drawn by the pesticide inspector and tested shall also be disposed of in a similar manner after the period as may be prescribed46 of 196853 (1) the insecticides act, 1968, is hereby repealedrepeal and savings(2) notwithstanding such repeal, anything done or any action taken under the said act, shall be deemed to have been done or taken under the corresponding provisions of this actpower to remove difficulties54 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary, for removing the difficulty:provided that no order shall be made under this section after the expiry of the period of two years from the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament statement of objects and reasonsin the overall agricultural development of the country, the pesticides play an important role in sustaining the agricultural production by protecting all kinds of crops from pest attack and reducing the growth of pest population pesticides are also useful in health programmes for controlling vectors responsible for diseases, like, malaria as the pesticides have toxic properties, therefore, they need a well ordered system of management and regulation encompassing all stages in their life-cycle, from import or production to sale and disposal2 the insecticides act, 1968 was enacted to regulate the import, manufacture, sale, transport, distribution and use of insecticides with a view to prevent risk to human beings or animals, and to ensure use of efficacious insecticides however, during the years some deficiencies were noticed in its working which were also observed by different parliamentary committees and stakeholders the provisions of the act were found to be insufficient to cover certain aspects such as the restrictive definition of 'insecticide' which does not regulate substances being used as pesticides but not included in the schedule to the act similarly, other areas requiring immediate consideration are: (i) definition of 'manufacture'; (ii) qualification for manufactures, sellers, stockists and commercial pest control operators; (iii) larger representation of experts in the central pesticides board and the registration committee; (iv) fixation of tolerance limits of pesticides as a pre-condition of their registration; (v) suspension or cancellation of registration of pesticides on account of violations of the act, or risk to crops, human beings and environment; and (vi) inadequate penalties and fines for conravention of the provisions of the act3 the national policy for farmers brought out in 2007 states that "the development, introduction and diffusion of environmentally safe and effective pesticides will be given priority" while "suitable quality control, safety evaluation and other regulatory system would be strengthened" the policy highlights the need for "incorporating the use of chemical pesticides in an integrated pest management system" the policy also states that "the sale of spurious and sub-standard pesticides would be prevented and bio-pesticides would be promoted" various parliamentary committees recommended stringent and deterrent punishment for manufacturers/sellers of spurious insecticides and the necessity of fixing of maximum residue limits for registration of pesticides4 in this background, the need was left for a new legislation to provide for better management of pesticides to respond to the need for faster agricultural growth also, the manufacture of quality, safe and affordable pesticides need to be encouraged while spurious and poor quality pesticides be stringently curbed with this in view, it is proposed to replace the insecticides act, 1968 by a new legislation, the pesticides management bill, 2008 the proposed legislation shall inter alia provide for the following, namely:—(i) to rename it as 'pesticides' which has a broader connotation and includes insecticides, fungicides, herbicides, rodenticides, molluscicides, acaricides;(ii) to provide for an elaborate definition of pesticides to cover any substance of chemical or biological origin intended for preventing, destroying, repelling or mitigating or controlling any pest including unwanted species of plants or animals which will enable regulation of existing pesticides as well as new discoveries;(iii) address all aspects of development, regulation and quality monitoring, production, management, packaging, labeling, distribution, handling, application, use and control, including post-registration activities and disposal of all types of pesticides;(iv) define household pesticides, to prohibit their field applications and to enable delicensing of their retail sale for easy availability to the consumer;(v) effective and efficient working of the central pesticides board, registration committee;(vi) fixation of tolerance limits of pesticides as pre-requisite to registration; (vii) requirement of minimum qualification of licensees; (viii) accredit private laboratories to carry out any or all functions of the centralpesticides laboratory;(ix) prescribe an elaborate procedure for drawal of pesticide samples and inspection of pesticides;(x) make punishments more stringent to check production and sale of misbranded, sub-standard and spurious pesticides;(xi) the disposal of date expired, misbranded, sub-standard and spurious pesticides in an environment friendly and safe manner 5 the bill seeks to achieve the above objectivessharad pawarnew delhi;the 30th september, 2008 notes on clausesclause 1 provides for short title, extent and commencement of the bill clause 2 provides that the provisions of the bill shall be in addition to, and not in derogation of, any other law for the time being in forceclause 3 provides for the definition of the certain words and expressions used in various provisions of the bill these expressions inter alia include the expressions, environment, household pesticide, label, manufacture, misbranded, pesticide, substandard, spurious etcclause 4 provides for constitution of the central pesticide board for the purpose of advising the government on scientific and technical matters arising out of administration of the bill and to carry out the functions assigned to it it also makes provisions for composition of the board with the director general of health services as its chairperson and thirty-seven members from various ministries/departments of the central government, laboratories, institutions, etc, and it also provides that the central government may appoint an officer having prescribed qualifications from the directorate of plant protection quarantine and storage as a member secretary to the boardclause 5 provides that tenure of members nominated under clauses (xii) to (xvii) of subsection 2 of section 4 shall be three years from the date of their nomination and they shall be eligible for re-nomination it also provides that members nominated under clause (vi to xi) shall hold office only for the period till they hold the office by virtue of which they have been nominatedclause 6 provides that proceedings of the board, registration committee or any other committee shall not be called in question on the ground of existence of any vacancy in, or any defect in their constitutionclause 7 enumerates the matters on which the board may advise the government which include prevention of risk to human beings, animals and environment during the manufacture, sale, storage, transport, distribution, handling and use of pesticides and necessary safety measures and practices relating thereto; monitoring performance of registered pesticides; review of toxicity and safety of pesticides; suggest development and availability of safer alternatives to existing pesticides and disposal of obsolete pesticidesclause 8 makes provisions for making regulations by the board subject to the previous approval of the central government for the purpose of regulating its procedure and procedure of any committee thereof and conduct of all business to be transacted by it or such committeeclause 9 provides that the central government shall provide such technical and other staff as it consider necessary to the board and the registration committeeclause 10 empowers the board to constitute such committees as it considers necessary and appoint in such committees persons who are not members of the board to exercise such powers and perform such duties as may be delegated to them by the board the board may also impose certain conditions on such committees it also makes provision that members of the board and registration committee shall receive such allowances as may be prescribedclause 11 provides for constitution of registration committee consisting of agriculture commissioner in the ministry of agriculture as chairperson and member secretary of the central pesticides board as its member secretary and eight other ex officio members it also provides for various functions of the registration committee this clause also empowers the registration committee to co-opt experts for such purpose or period as it may consider necessary and may constitute one or more sub-commitees consisting of atleast three members of the committee and delegate them such powers and functions subject to such conditions, if any, as it may consider necessaryclause 12 seeks to make provisions relating to registration of pesticides it provides that any person may make separate application for registration of each pesticide for its import, manufacture or export it also provides that pesticides which are registered under the provisions of insecticides act, 1968 shall be deemed to have been registered under the corresponding provisions of the bill it also imposes the responsibility on the applicant for registration to provide complete information on all the known inimical effects of the pesticide on human beings, animals and environment it also provides that after receipt of application complete in all respects the registration committee within a period of two years after making such enquiry as it considers necessary and after satisfying itself that the claim made by the applicant as regard to expected performance and efficacy of the pesticide as well as its safety to human beings, animals and environment, and availability or provision of requisite minimum infrastructure to manufacture and stock the pesticide may register such pesticide, and allot a registration number thereto and issue a certificate of registrationit also provides that no pesticide shall be registered for import or manufacture unless its tolerance limits are specified for its residues on crops and commodities under the food safety and standards act, 2006 it also makes provisions for non-reliance on data which means that the data submitted for the purpose of registration of a pesticide which has not been previously registered shall not be relied upon for registration of the same pesticide by any other person for the period of three years or if the pesticide has been granted a patent then for a period of the patent it also empowers the central government to relax or exempt the said provision of the non-reliance on data in case of national exigency or in case of public interest or for the use by government or academic and research purposeclause 13 makes provision for suspension or cancellation of registration of pesticidesit provides that the registration committee either suo motto or otherewise if prima-facie satisfied of violation of any provision of the bill or the rules made thereunder or any condition of the registration may after giving an opportunity of hearing to the registrant and for the reasons to be recorded in writing, suspend the registration of a pesticide for a period not exceeding three months it futher provides that if registrant fails to submit copy of manufacturing licence and satisfy the registration committee of having set up necessary manufacturing facilities and starting manufacture the pesticide within a specified period, the certificate of registration shall be deemed to have been cancelled it also makes provision relating to inspection of manufacturing premises or facilities, etc, by the registration committee or through its officersclause 14 provides that any person aggrieved by the decision of the registration committee under clause 12 or 13 may appeal within a period of 30 days to the central government in the prescribed manner and on payment of prescribed fees the decision of the central government thereon shall be final it also empowers the central government to entertain an appeal under this clause after the expiry of the said period, if it is satisfied that the appellant was prevented by the sufficient cause for filing of appeal on time it also provides that no order shall be made under this clause without giving an opportunity of hearing to the applicantclause 15 empowers the central government to call for the record relating to any case where registration committee has given any decision under clause 12 or 13 and may pass any order as it considers necessary it also provides that any order shall be passed within a period of one year from the date of decision of registration committee and central government shall not pass any order prejudicial to any person unless that person has been given a reasonable opportunity of being heardclause 16 empowers the state government to appoint such persons having prescribed qualifications as it thinks fit to be licencing officers for the purposes of the bill and may define areas in which they shall exercise their jurisdictionclause 17 makes provision for grant of licence it provides that any person who himself possesses or employs a person possessing prescribed qualification may make application in such form and containing such particulars as may be prescribed for grant of licence to manufacture, sell, stock or exhibit for sale or distribute any pesticide or to undertake commercial pest control operations with the use of any pesticide it also provides that licensing officer may grant the licence within a period of three months from the date of receipt of application complete in all respects in such forms and on such conditions and on payment of such fees as may be prescribed for such period which may be renewed from time to time on payment of such fees as may be prescribed it exempts the retailers from requirement of licence for sell, stock or exhibit for sale of a household pesticide this clause also requires the licensing officer to maintain a register of persons engaged in manufacture, distribution or stocking and sale of pesticide and of persons engaged in commercial pest control operations; to provide information to the state government on infrastructure facility possessed by pesticide manufacturer and on performance of registered pesticides in improving agricultural production and on the monitoring of the quality of pesticides and offences and punishment awarded under the bill it also requires the state government to send a report in prescribed form containing above referred information to the central government for a period of every six monthsclause 18 makes provision for revocation, suspension and amendment of licences it provides that a licensing officer either on a reference made to him or otherwise may after giving the licence holder, an opportunity of showing cause revoke or suspend the licence on the ground that licence was granted because of misrepresentation or the holder of the licence has failed to comply with the conditions of licence or has contravened the provision of the bill or the rules made thereunder it also empowers the licensing officer to vary or amend the licenceclause 19 provides that if a certificate of registration of a pesticide is suspended or cancelled by the registration committee the licence granted in respect to that pesticide relating to manufacture, sell or exhibit for sale or distribute a pesticide or undertake commercial pest operations with the use of that pesticide shall be deemed to be suspended or cancelled, as the case may beclause 20 provides that any person aggrieved by the decision of a licensing officer under clause 17 or 18 may appeal within a period of 30 days from the date on which the decision was communicated to him to the authority in such manner and on payment of such fees as may be prescribed it also empowers the appellate authority to entertain such appeal after the expiry of the said period if it satisfied that appellant was prevented by sufficient cause from filing of appeal it also requires the appellate authority to make an endeavour to dispose of the appeal within a period of six months after giving the appellant an opportunity of showing causeclause 21 empowers the central government to establish a central pesticides laboratory under the control of director to be appointed by central government to carry out the functions entrusted to it by or under the bill it also empowers the central government to entrust the functions of the laboratory to any other institution or the function of the director of the central pesticides laboratory to the head of such institution to the extent as may be specified in the notification published in the official gazette it also authorises the central government to accredit private laboratories to carry out all or any of the functions of the central pesticides laboratory on fulfillment of prescribed criteria and procedures subject to inspection by and control of the plant protection adviser to the government of india it also prohibits from accreditation of any laboratory in which any director or partner or official has any financial interest in the manufacture, import, export, stocking, for distribution or sale of any pesticide or pest control operation any accreditation granted under this clause may be withdrawn after communicating to the accredited laboratory reasons for such withdrawal in writing and giving it an opportunity of being heardclause 22 prohibits import, export or manufacture of pesticides which are misbranded, substandard or spurious or of which the sale, distribution or use is for the time being prohibited or which is not in accordance with the conditions on which it was registered or which contravenes any provision of the bill or the rule made thereunder it also provides that any pesticide shall not be manufactured except under and in accordance with the condition of licence issued for the purpose it also provides that any pesticide shall not be imported or exported to any country in contravention of the provisions of the prior informed consent procedure specified for certain hazardous chemicals and pesticides in international tradeclause 23 provides for prohibition of sell, stock or exhibition for sale, distribution, transportation, use etc, of any pesticide which is not registered, or sale, distribution or use of which is prohibited, or which contravenes the provisions of the bill or rules made thereunder, or is repacked from its original packing which has outlived its shelf-life or which does not disclose its expected performance as explained while applying for grant of registration it also prohibits distribution, sale, use, etc, of pesticide within the country which is registered only for the purpose of exportclause 24 provides that central government or state government may appoint such persons who possess prescribed technical and other qualifications, to be the pesticide analyst for the areas and in respect of such pesticide or class of pesticide as may be mentioned in the notification published in the official gazette it also prohibits appointment of any person as pesticide analyst who has any financial interest in respect of any pesticideclause 25 provides that central government or state government may appoint such persons who possess prescribed technical and other qualifications, to be the pesticide inspector for the areas and in respect of such pesticide or class of pesticides as may be mentioned in the notification published in the official gazette it also prohibits appointment of any person as pesticide inspector who has any financial interest in respect of any pesticideclause 26 provides powers of pesticide inspectors it provides that a pesticide inspector may enter and search any premises in which he has reason to believe that an offence under the provisions of the bill or rules made thereunder has been or is being committed for the purpose of satisfying himself that the provisions of the bill or rule made thereunder or conditions of the registration or licence are being complied with it also empowers the inspector to ask for production, inspection, examination and copies of records, registers, documents from the manufacturer, distributor, carrier, dealer or any person and may seize the same if he has reasons to believe that all or any of them may furnish evidence of the commission of any offence under the bill or the rules made thereunder it also provides that pesticide inspectors may stop with the permission of executive magistrate the distribution, sale, use of pesticide which is being distributed or sold or used in commercial pest control operation in contravention of the provisions of the bill or the rules it also empowers the pesticide inspectors to take samples of any pesticide and send them within a period of 48 hours for test and analysis to the pesticide analyst in prescribed manner this clause provides that the provisions of the code of criminal procedure, 1973 relating to search and seizure shall apply to any search and seizure under the provisions of the billclause 27 provides that any customs officer shall have the powers of pesticide inspectors in relation to import or export of pesticidesclause 28 enumerates the procedure to be followed by the pesticide inspector while exercising powers under the bill it provides that where any pesticide inspector seizes any record, register or document, he shall as soon as may be inform the magistrate and take his orders for custody thereon it provides that when a pesticide inspector takes any sample of pesticide he shall issue a receipt thereof and mention therein if sample on test or analysis is not found misbranded, substandard or spurious, the price of the same shall be tendered and incase he seizes stock of a pesticide he shall tender receipt in prescribed form it also provides that where pesticide inspector takes a sample of any pesticide he shall intimate such purpose in writing to the person from which sample is taken and shall draw the sample and divide it in three portions and seal effectively and mark the same and permit the person to add his own seal and mark it requires pesticide inspector to send one portion of the sample to the pesticide analyst within a period of 48 hours for test and analysis and deposit one portion with the director, agriculture or as the case may be the plant protection adviser to the government of india and give one portion to the person from whom sample was takenclause 29 provides that every person in charge of premises where any pesticide is being manufactured or is kept for sale or distribution, etc, shall disclose to a pesticide inspector on being required by him the place where pesticide is being manufactured or keptclause 30 deals with the manner of report by pesticide analyst it provides that pesticide analyst within a period of forty-five days deliver his report in triplicate in prescribed form to pesticide inspector, thereafter pesticide inspector within a period of fifteen days deliver two copies of report to the person from whom sample was taken who shall forward one copy to the manufacturer of the pesticide it provides that the signed report of the pesticide analyst shall be evidence of the fact stated therein and such evidence shall be conclusive unless the person from whom sample was taken notifies, in writing within a period of twenty-eight days to pesticide inspector or the court, his intention to adduce evidence contrary to the report and in such cases court may send the sample to the central pesticides laboratory for test and analysis on receipt of such samples the central pesticides laboratory shall within a period of thirty days carry out the test and analysis and submit the report in writing signed by the director of central pesticide laboratory which shall be conclusive evidence for the fact stated thereinclause 31 provides that where any person has been convicted for contravening any provision of the bill or the rules made thereunder, the stock of the batch of pesticide in respect of which contravention was made, shall be liable to confiscation it also provides that if court is satisfied on application of pesticide inspector or otherwise and after making such enquiry as may be necessary that pesticide is misbranded, substandard or spurious, such pesticide is also liable to confiscationclause 32 provides that the state government may by notification in the official gazette require any person or class of persons to submit a report of all occurrences of poisoning (through the use or handling of any pesticide) to such officer as may be mentioned in the notification it also requires the state government to submit a report in this regard to the central government on quarterly basisclause 33 provides that if on receipt of report under clause 32 or otherwise the state government or central government is of the opinion to be recorded in writing that use of any pesticide or any batch thereof is likely to involve such risk to human beings or animals which require immediate action then the government may by notification prohibit the sale, distribution or use of said pesticide or batch in such area to such extent and for such period not exceeding one hundred and eighty days during the pending investigation and if such investigation is not completed within the said period the central government or state government with prior approval of the central government may extend such prohibition for a further period not exceeding sixty days in aggregate, and on the result of investigation or receipt of report from the state government, if the central government after consulting the registration committee is satisifed that the use of said pesticide or batch is likely to cause any risk, it may pass any order as it deems fit including an order refusing to register the pesticide or cancellation of registration of the pesticideclause 34 requires that any order of refusal to register any pesticide or cancellation of registration of a pesticide shall be notified in the official gazette in prescribed mannerclause 35 provides for punishment of the fine which shall not be less than rs 25,000/-which may extend to rs 50,000/- or imprisonment for a term upto six months or with both for contravention of any provision of the bill or the rules made thereunderclause 36 provides for a penalty upto rs 25,000/- for obstructing a pesticide inspector or an officer exercising the power of pesticide inspector in exercise of his powers or discharge of his duties under the bill or the rules made thereunderclause 37 provides for punishment of the fine which shall not be less than rs 25,000/-which may extend to rs 1,00,000/- or imprisonment for a term upto one year or with both for import, export, manufacture, sell, stock or exhibit for sale or distribution of any misbranded pesticideclause 38 provides for punishment of fine which shall not be less than rs 1,00,000/-which may extend to rs 5,00,000/- or with imprisonment for a term which may extend to two years or with both for import, export, manufacture, sell, etc, of substandard pesticide or import, export of any pesticide in contravention of sub-clause (3) of clause 22clause 39 provides for punishment of fine which shall not be less than rs 5,00,000/-which may extend rs 10,00,000/- or with imprisonment for a term which may extend to five years or with both in addition to cancellation of licence and sealing of manufacturing premises for import or manufacture any pesticide without a certificate of registration or manufacture, sell, stock, etc without a valid licence or import, manufacture, sell, etc, any spurious pesticide or any pesticide which is ineffective on a particular crop for which it is intended to be used as approved by the registration committee or is phytotoxic to that crop or it has a toxicity higher than the specified label or sells, stocks or distributes a pesticide in contravention of clause 33 or clause 23 it also provides for punishment of a fine which shall not be less than rs 25,000/- which may extend to rs 1,00,000/- or with imprisonment for a term which may extend to one year or with both for contravention of any other provision of the bill or the rules made thereunder or conditions of certificate of registration or licenceclause 40 empowers the court to publish name of offender, their place of residence, the offence and penalty imposed on him if any person convicted of any offence under the bill commits a like offence afterwardsclause 41 contains provisions relating to offences by companies it seeks to provide that where a person committing offence is a company, every person responsible in the company for the conduct of its business will be liable to be proceeded against and where a person accused, proves that offence was committed without his knowledge he will not be liable however, where it is proved that an offence has been committed with the consent or connivance or is attributable to the neglect of any director, manager, secretary or any officer of the company, he shall be deemed to be guilty of the offence and shall be liable to be proceeded againstclause 42 provides that it shall not be a defence in a prosecution under the bill that the accused was ignorant of the nature or quality of the pesticide in respect of which offence was commited or the risk involved in any manufacture, sale or use of such pesticide or the circumstances of its manufacture or import it also provides for the purpose of clause 22, a pesticide shall not be deemed to be misbranded, substandard or spurious only by reason of the fact that there has been added thereto some innocuous substances or ingredient because the same is required for the manufacture or the preparation of the pesticide and not to increase the bulk, weight or measure of the pesticide or to conceal its inferior quality or other defectclause 43 provides that any prosecution under the bill shall not be instituted without the written consent of the state government or a person authorised by it in this behalf it also provides that any court inferior to that of metropolitan magistrate or a judicial magistrate of first class shall not try any offence under the billclause 44 provides that if the state government is satisfied that it is necessary for the purpose of providing for speedy trial of offence under the bill in any district or metropolitan area it may after consultation with the high court notify one or more courts of judicial magistrate of first class, or as the case may be, a metropolitan magistrate in such district or metropolitan area to be special court for the purpose of the bill it also provides that unless otherwise directed by the high court, a court notified under this clause shall exercise jurisdiction only in respect of cases under the bill and the jurisdiction and powers of its presiding officer shall extend through out the district or the metropolitan area it also provides that a special court notified under this clause shall be deemed to be a court established under sub-section (1) of section 11 or sub-section (1) of section 16 of the code of criminal procedure,1973 and the provision of that code shall apply to such courtsclause 45 empowers the central government to give directions to a state government or the board for carrying out all or any of the provisions of the bill and the state government or the board shall comply with such directionsclause 46 provides that members and officers of the board, the registration committee and the pesticide inspector or an officer exercising the powers of pesticide inspector, when acting or purporting to act in pursuance of any provision of the bill or the rules made thereunder, shall be deemed to be public servant within the meaning of section 21 of the indian penal codeclause 47 provides immunity to government or any officer of the government or the board, registration committee or any committee of the board from suits, prosecution or other proceedings in respect of anything done or intended to be done in good faith under the billclause 48 empowers the central government to make rules by notification in the official gazette after consultation with the board and subject to condition of previous publication sub-clause (2) enumerates the various mattters in respect of which such rules may be made it also requires that every rule made under this clause shall be laid before each house of parliamentclause 49 empowers the state government to make rules by notification in the official gazette after consultation with the board and subject to condition of previous publication sub-clause (2) enumerates the various matters in respect of which such rules may be made it also requires that every rule made under this clause shall be laid before each house of state legislature where it consists of two houses or where such state legislature consists of one house, before that houseclause 50 provides for exemption from the application of the provisions of the bill in respect to the use of any pesticide by any person for his own household purposes or for garden or in respect of land under his cultivation it also empowers the central government to exempt, on the recommendation of registration committee, from any or all provisions of the bill, any substance having pesticidal properties or any preparation containing one or more substances if such substances or preparation is intended for the purpose other than those mentioned under sub-clause (j) or sub-clause(s) of clause 3 it also empowers the central government to exempt from all or any of the provisions of the bills or rules made thereunder, any educational, scientific or research organization engaged in carrying out experiments with pesticidesclause 51 provides for compensation to the farmers in case any pesticide fails to provide the expected performance under given conditions the compensation may be claimed from the manufacturer or distributor or stockist or retailer or pest control operator as per the provisions of the consumer protection act, 1986clause 52 provides that a batch of pesticide that has outlived its shelf-life or it has been declared to be misbranded, substandard or spurious or it has been banned shall be segregated and disposed of with a period of three months in such manner which is safe for human beings, animals and environment, as may be prescribedclause 53 provides for repeal of the insecticides act, 1968 and also provides that all action done under the repealed act shall be deemed to have been done under the corresponding provisions of the billclause 54 empowers the central government to issue an order, published in the official gazette and not inconsistent with the provisions of the bill, for removing any difficulty which may have arisen in giving effect to the provisions of the bill within a period of two years from the date of commencement of the act every such order is also required to be laid before each house of parliament financial memorandumclause 4 of the bill seeks to provide for constitution of the central pesticides board to advise the government on scientific and technical matters arising out of the administration of the bill clause 11 provides for constitution of a registration committee for the purpose of registration of pesticides sub-clause (4) of clause 11 enables the registration committee to constitute one or more sub-committees to exercise such powers and perform functions as may be delegated to them sub-clause (2) of clause 10 makes provision for allowances of the members of the board, the registration committee and other committeesclause 21 of the bill seeks to establish a central pesticides laboratory to carry out the functions entrusted to it clause 24 provides for appointment of the pesticide analyst for analysis of pesticides clause 25 provides for appointment of pesticide inspector to exercise the powers entrusted to him by or under the bill2 presently, a central insecticides board and the registration committee constituted under the provisions of the insecticides act, 1968 (which is being repealed by the present bill), or in operation an amount of rs 881 crore have been allocated for the financial year 2008-09 to the department of agriculture and cooperation to be utilised for the purposes of the administration of the insecticides act,1968 the constitution of central pesticides board and all other expenditure arising out of the administration of the proposed pesticides bill, 2008 shall be met out of this budgetary provision and no other additional expenditure is envisaged in the bill apart from converting the insecticide analyst and the insecticide inspector as the pesticides analyst and the pesticide inspector, additional officials, if any, shall be appointed from amongst the officers of the government therefore, the bill does not entail any other additional expenditure3 the bill does not involve any other expenditure recurring or non-recurring in nature memorandum regarding delegated legislationclause 48 of the bill empowers the central government to make rules, after consultation with the board and subject to the condition of previous publication for carrying out the provisions of the bill such rules may, inter alia, provide for:(i) the manner of notifying the registered pesticides and specifying the pesticides having pesticidal properties under sub-clause (3) of clause 11;(ii) the form and particulars of making application for registration of pesticides, fees for registration under clauses (4) and (12) of clause 12;(iii) the manner of making appeal and payment of fee thereon under clause 14; (iv) the form of application for the grant of licence for manufacture, sell, etc, the fee payable therefore the form of register to be maintained by the licensing officer, the form of report to be submitted by the state government to the central government under clause 17;(v) the circumstances in which the license may be varied or amended under subclause (2) of clause 18;(vi) the manner in, and the fee of payment of which, an appeal may be filed to the central government under clause 14;(vii) the form in which the pesticide analyst shall submit a report of tests or analysis to the pesticide inspector under sub-clause (1) of clause 30;(vii) the manner and time of segregation and disposal of pesticides on a batch which has outlived its shelf-life or has been declared miss-branded, sub-standard or spurious or has been banned under clause 52 of the bill all the rules made under clause 48 of the bill are required to be laid before each house of parliament2 clause 49 of the bill empowers the state government to make rules to provide for:(i) the qualifications of the licensing officer under clause 16; (ii) the authority to which, the manner in which, and the fees on payment of which, an appeal may be filed under clause 20every rule made by the state government are required to be laid before each house of the state legislature where it consists of two houses or where such state legislature consist of one house, before that house3 that matter in respect of which rules may be made under the aforesaid provisions are matter of procedure and administrative details and it is not practical to provide for them in the bill the delegation of legislative powers, is therefore, of a normal character ———— a billto regulate the import, manufacture, export, sale, transport, distribution, quality and use of pesticides with a view to—(i) control pests;(ii) ensure availability of quality pesticides;(iii) allow its use only after assessing its efficacy and safety;(iv) minimize the contamination of agricultural commodities by pesticide residues;(v) create awareness among users regarding safe and judicious use of pesticides, and to take necessary measures to continue, restrict or prohibit the use of pesticides on reassessment with a view to prevent its risk on human beings, animals or environment, and for matters connected therewith or incidental thereto ————(shri sharad pawar, minister of agriculture and consumer affairs, food &public distribution)

Parliament_bills

82ea0ebe-efd3-53d3-8f3f-7ff06f80c607

the payment of wages (amendment) bill, 1964 bill further to amend the payment of wages act, 1936be it enacted by parliament in the fifteenth year of the republic of india as follows:-4 of 1936 1 (1) this act may be called the payment of wagel (amendment) act 1964' short title , and com-s (2) it shall come into force on such date as the central goy- menceemment may, by notiftcation in the ofilcial gazette, appoint ment z to sub-section (5) of section 1 of the payment of wages act, 1936 (hereinafter referred to as the principal act), the folljowing !:::~-proviso shall be added, namely: -section 1 10 "provided that in relation to any industrial establisliment owned by the central government, with objects not confined to one state, no such notification shall be issued except in consultation with that government" is i in section 2 of the principal act,-amed4-(i) for elause (i), the following clauses shaube substituted, ment of namely: -i secttoa le (i) "employed person" includes the legal representative of a deceased employed person; 458 (b) l&--1 (ia) "employer" includes the legal representative at a deceaaed employer; (ib) clfactory" means a factory 'as deftned in clause (m) of section 2 of the factories act, 1948 and includes any place 6s of 1948 to which the provisions of that act have been applied under s sub-section (1) of section 85 thereof;"; (ii) in clause (ii), for sub-clause (a), the following subclauses shall be substituted, namely:-"(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire 10 or reward; "(aa) air transport service other than such s~~ce belonging t~ or exc:ljusively employed- in the military, naval or air fcrces of the union or the civil aviation department of the government of india;"; is (iii) after clause (ii), the following clause shall be in$erted, namely:-'(iia) "mine" has the meaning assigned to it in clause 350l1952 (j) of sub-section (1) of section 2 of the mines act, 1952;'; (w) fm' elause (iii), the following clause shan be substi- 20 tuted, namely:-'·(iii) "plantation" has the meaning assigned to it in clause <f) of seeticm 2 of the plutations i:,abour act; 69 of 1951 1951;' amend-· ment of section 3 4 in section 3 of the principal act, in the pro:viso, for the words 25 "shall be responsible", the words clshall also be responsible" shall be illbstituted 5 in section 5 of the principal act,-amendment of section 5 (i) to sub-section (1), the following proviso shall be added, namely:-30 "provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the ftn~ ~age account 0( the ~p or wagons loaded or unloaded, 8ft t~cue my be, ~u·be paid before the expiry of the seventh day from the day of such completion";,s (ii) to sub-section (2), the following proviso shall be added, iwdely:-"provided that where the employment of any person in an establ1shme~t is terminated due to the closure of the establishmellt for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is 80 terminated"; (iii) in sub-section (3) ,-10 (a) after the brkckets and words "(otherwise than in a factory)", the words "or topel'lons employed as daily-rated workers in the public works department of the central government or the state government" shall be inserted; (b) the :fgllowing proviso shan be insertetl at the fond, mmely:-"provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the central government"; 10 (iv) in sub-section (4), for the words "all payments", the words, brackets and figure "save as otherwise provided in subsection (2), all payments" shall be substituted 8 in section 7 of the principal act,-(i) in sub-section (2) ,-amendment of section 7 (a) in sub-clause (e) and in sub-clause (j), after the words "state government", the words "or any officer specified by it in this behalf" shall be injerted; (b) for clause (f), the following clauses shal be substituted, namely:-30 "(f) deductions for recovery of advances of whatever nature (including advances for trave11ing allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of over-payments of wages; 35 (i) deductions for recovery of loans made from any fund constituted for the welfare of labour in accordance with the rules approved by the state government, and the interest due in respect thereof; uti) deductions for recovery of loans granted for house-building or other purposes approved by the state government, and the interest due in respect thereof;"; (c) after clause (k), the following clauses shall be inserted, namely:-s "(1) deductions for payment of insurance premia on fidelity guarantee bonds; (m) deductions for recovery of losses sustained by a railway administration on account of acceptance by the employed per$o!l of counterfeit or bue coins or mutilated or forged currency notes; 10 (11) deductions for recovery of losses sustained by a railway administration on account of the failure of the employed, person to invoice, to bill, to collect or to account fm- the appropriate charges due to that is administration, whether in respect of fares, freight, de-murrage, wharfage and cranage or in respect of sale of food in catering establishments or in respect of sale of commodities in grain shops or otherwise; (0) deductions for recovery of losses sustained by 20 a railway adniinistration on account of any rebates or refunds incarrectly granted by the employed per8oit1 where such loss is directly 8·ttributable to his neglect or default"; (ii) after sub-section (2), the following sub-sections shall be inserted, name1y:-2s , (3) notwithstanding anything contained in this act, the total amount of deductions which may be made under sub-secticm (2) in any wage period fram the wages of any employed person shan not exceed-30 (i) in cases where such deductions are wholly or partly made for payments to co-operative societies under clause (j) of sub-section (2), seventy-ftve per cent of such wages, and (ii) in any other case, fifty per cent of such wages: 35 provided that where the total deductions authorts-pd under sub-section (2) exceed seventy-five per cent or, as the case may be, fifty per cent of the wages, the excess may be recovered in such manner u may be prescribed u 40 gfl890 , (i} nothing contained in this section shall be construed as precluding the employer from recovering from the wages of the employed person or otherwise any amount payable by such person under any law for the time being in force other than the indian railways act, 1890" 7 in section 10 of the principal act, for sub-section following sub-sections shall be substituted, namely:-(1), the amendment of tecam 10 10 "(1) a deduction under clause (c) or clause (0) of subaection (2) of section 7 shall not exceed the amount of the damage cxr loss caused to the employer by the neglect or default of the employed person 15 (1a) a deduction shall not be made under clause (c) or clause (m) or clause (n) or clause (0) of sub-section (2) of section 7 until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions" 20 8 ln section 12 of the principal act, after clause (a), following clause shall ibe inserted, namely:-the amendment of section 12 "(aa) recovery of an advance of money given after employment began shall be subject to such conclitions as the state govenunent may impose;" 9 after section 12 of the principal act, the following shall be inserted, namely:-section lluiertion of new sectlen 12a 25 "12a deductions for recovery qf loans granted under deductions clause (fff) of sub-section (2) of section 7 shall be subject to for recoany rules made by the state government regulating the, extent ~::a of to which such loans may be granted and the rate of interest ' payable thereon" 30 10 after section 13 of the principal act, the following aection insertion sh ed i of new secall be insert , name y:-tion 13a "13a (1) every employer shall maintain such registers maintenand records giving such particulars of persons employed by anc~ of 'd th rel1sters him, the work performed by them, the wages p81 to em, and the deductions made from their wages, the receipts given by recorda them and such other particulars and ill such form as may be preecribed (2) every register and record required to be maintained under this section shau, for the purposes of this act, be proserveci for a period of three years after the date of the last entry made therein" auaend-11 in section 14 of the principal act, for sub-aeetiolll (4); the ment of following sub-sections shall be substituted, namely:-~1· "(4) an inspector may,-(a) make such examination and inqui:ry as he thinks tit in order to ascertain whether the provisions of this act or rules made thereunder are being observed; 10 (b) with such assistance, if any as he thinks fit, enter, inspect and search any premises of any railway, factory or industrial establishment for the purpose of carrying out the objects of this act; (c) supervise the payment of wages to persons employ- r 5 ed upon any railway or in any factory or industrial establi~h­ment; (d) require by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this act and take on the spot or 20 otherwise statements of any persons which he may consider necessary for carrying out the purposes of this act; (e) seize or take copies of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believe 25 hu been committed by an employer; <f) exercise such other powers as maybe prescribed; provided that no person shall be compelled under this subsection to answer any question or make any statement tending to incriminate himself (fa) the provisions of the code of criminal procedure, 1898 5 of 1898 shau, so far as may be, apply to any search or seizure under this stib-section as they apply to any search or seiz~ made under the authority of a warrant i~ued under settion 98 of the said code" 3s 5 12 after· aection 14 of the principal act, the following section shall ~ mrted, namely: _ insertion ot new section 1~ "14a every employer shall afford an lnipector all reason- facilities a·ble facilities for making any entry, inspection, supervision, to be exammatlon or inquiry under this act" aiforded to inspectors 13 in section 15 of the principal act,-(i) in sub-section (1)-amendment of section 15 of 1947 (a) after the word "appoint", inserted, namely:-the following shan be 10 "a presiding officer of any labo~r couct or industrial tribunal, constituted under the indjlstrial disputes act, 197 or under any cofl'esponding law relating to the investigation and settlement of industrial disputes in follce in the state or"; is (b) for the words "or persons employed or ~ald in that area", the following shal be substituted namely!-"of persons employed or paid in that area, including all matters incidental to such claims: "provided that where tho state government con!l;iders it necessary 80 to do, it may d1)point more titan one authority for any ~~ifled area and may by general or spedal order, provfde for the distribution or alloeation of work to be performed by them under this act"; (ii) in sub-section (2), for the words "six months", wherever they occur, the words "twelve months" shan be substituted; (iii) in subsection (3), for the words "not exceeding ten rupees in the latter" the following shall be substituted, name-~- "not exceeding twenty-five rupees in the latter, and even 30 if the amount deducted or the delayed wages are paid before the disposal of the application, direct· the payment of such compensation, as the authority may think fit, not exceeding twenty-five rupees"; (w) for sub-6ection (4), the following sub-sections she!l b 35 substituted, namely:-"(4) if the authority hearing an application wider this section is satisfted-(a) that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application; or (b) that in any case in which compensation is directed to be paid under sub-section (3), the applicant 5 ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be paid to the state govemment by the employer or other person responsible for the payment of wages 10 (4a) where there is any dispute as to the person or persons being the legal representative or representatives of the employer or of the employed person, the decision of the authority on such disputes shall be final (4b) any inquiry under this section shall be deemed to is be a judicial proceeding within the meaning of sections 193, 219 and 228 of the indian penal code" 4501 amendmentof secti0l116 (i) ,in sub-section (1), after the words "and if", the words "deductions have ,been made from their wages in contravention 20 of this act for the same cause and during the same wage period or periods ,or if" shall be inserted; (ii) in sub-section (2), for the words, brackets and figures "the maximum compensation that may be awarded under subsection (3) of section 15 shall be ten rupees per head", the words, 2; brackets and figures "every person on whose behalf such application is presented may be awarded maximum compensation to the extent specified in sub-section (3) of section 15" shall be substituted 15 in section 17 of the principal act,-30 amendment of aection 11· (i) in sub-section (1) ,-(a) in clause (a), after the words "three hundred rupees", the words "or such direction has the e1fect of imposing on the employer or the other person a financial liability exceeding one thousand rupees" shall be inserted; 35 (b) for clause (b), the following clause shall be su~ti tuted, namely:-s " (b) by an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on pis behalf or any inspector under this act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or"; 10 (ii) after sub-section (1), the fallowing sub-section shell be inserted, namely:-"(1a) no appeal under clause (a) of su~ion (1) shan lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appel-i; lant lias deposited the amount payable under the direction appealed against"; (iii) after sub-section (2), the following sub-sections ihall be inserted, namely:-"(3) where an employer prefers an appeal under this section, the authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in sub-seclion (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it (4) the court referred to in sub-section (1) may, if it 25 thinb fit, subzmt any question of law for the decision of the high court and, if it 90 does, shall decide the question in conformity with suich decision" 16 in section 17 a of tlie principal act, in sub-section (1), for the amend-words "any official of a registered trade union authorised in writing ~t of 30 to act on his 'behalf", the words, brackets and figures "any legal ~7a on practitioner or any ofllclal of a registered trade union authorised in writing to act on his behalf or any iinapector under this act or any other person permitted by the authority to make an application under sub-section (2) of section 15" shall be substituted 3s 17 section 19 of the principal act shall be omitted omlssiod of section 19 18 in section 20 of the principal act,-amendmerit of (i) in sub-section (1), for the words and figures "section 5 section 20 and sections 7 to 13", the words: figures and brackets "section ii 458 (b) is-2except sub-section (4) thereof, section 7, section 8 except subsection (8) thereof, section 9, section 10 except sub-section (2) thereof, end sections 11 to 13" shall be substituted; (ti) in su~on (2), ,for the word and figure llsection 6", " 'the words, flsgu1iesand brackets clsui1weetton (4) of section 5, s ·seetion 6, sub-l8c'tion (8) of eeouon 8, ikib action (2) of section 10" shall be substituted; (iii) after sub-section (2), the following sub-sections shall be inserted, namely:- (3) whoever being required under this act to maintain 10 any records or registers or to furnish ~ny information or ~nm- (a) fails to maintain such register or record; or (b) wilfully refuses or without lawful excuse neglects to furnish such infionnation or return; or i, (c) wilfully furnishes or causes to be furnished any information or return which he knows to be 1alse; or , _ -(d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this act; 20 shall, for each such offence, be punishable with fine which may extend to five hundred rupees (4) whoever-(a) willfully obstructs en inspector in the discharge of bis duties under this act; or 2s (b) refuses or wflfully negleets toaftt>rd an 1mpeetor 8d1 reasonable facility for midmg by entry, inspeetton, exammation, supervision, otinquiry autt by or under this act in nlationitoany nillway, factory or iijdustrial establishment; or 30 (oc), wilfuuy tefuaea to pt'oiiuce oil vle demmd 01 an inspector any register or other document kept m pursuance of this act; or (d) prevents or a1ltempts to prevent or does anytl:ung which he has any ~ to ·believe is likely to 35 prevent any person from appearing before or 'being examined by an inspector acting inpurauaue of bjj duties under this act; shall be punishable wilth fine which may ~ to five hundred rupees , 5 (5) if any person who has been cormcted of any offence punishable under this act is again guilty of an offence involving contmvention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three months, or wd,th fine which may 10 extend to ode thousand rupees, or with both: provided that for the p1il'pose of 'bhie sub-eection, do cognizance shai1l ibe taken of any conviction made more than ,two years before the date on which the commission of the offence which is being punished came to the knowledge of is the klspector (6) if any person fails or wilfuhy neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall; without prejudice to any other action that may be taken against him, be' punishable 20 with an additional fine whicih lllby extend to fifty rupees for each day for which suc'h failure or neglect continues" i, in section 21 of the principal act, after sub-6ection (3), the amendfollowing sub-section shall be inserted, namely:-ment of section 21 "(3a) no court shall take cognizance of eny o1fe~ punishable under sub-section (3) or sub-section (4) of section 20 except on a complaint made by or with the sanction of an inspector under this aet" 10" after section 22 of the principal act, the following ihall,be inserted, namely:-section insertion afnewaectlon 22a "22a no suit, prosecution or other leg91 proceeding shall protection be against the government or any officer of :the government for of action anything which is in good faith done or intended u> be done taken in under this act" i 1000 faith n in section 24 of the principal act, after the word "railways", amend-35 the words "air transport services," shall be inserted ::: m d in seotlon 26 of the 'principal act,-(i) in sub-section (3) ,-amendmentof ecti'on 26 (a) in clause (a), for the words uand prescribe the form thereof" the following words shall be substituted, namely:- prescribe !the form thereof and the particulars to 5 be entered in such registers or records"; (b) after clause (i), the following clauses shall be inserted, namely:-u (ia) presmibe the extent to wlhich loans may be granted and the 'l'i8te of interest payable thereon with 10 reference to section 12a; (ib) prescdbe the powers of inspectors for the purposes of this act;"; (c) in ckluse (k), the word "and" shah be omitted; (d) in clause (1), the word "and" shall be inserted at 15 the end; i (e) after clause' (l), the foltlowing clause shall be inserted, namely:- (m) provide for any other maltter which is to be or may be prescribed"; 20 (ii) after sub-section (5), the following sub-section shall be inserted, namely:-"(6) every rule made by the central government under this section sball be laid, as soon as may be after it is made, ,before each house of patliament while it is in session for a 2s total period of thirty days which may be comprised in one session or in twq successive sessions, and if, before the ex-'piry of ,the session in whioh it is so laid or the session immediately following, both houses agree in making any modification in the rule, or both houses agree that the rule should 35 not be made, the rule shall therwter have effect only in such modified form or be of no effect, as the case may be, bo, however, that any such modification ofl' amendment shell be without prejudice to the validity of anything previously c::iode udder that rule" 40 the payment of wages act, 1936, was enacted with a view to ensuring that wages actually disbutsable ito workers covered by the act are disbursed within the prescribed time-limilt and that employees get their full wages without any deduotilons not authorised by law though the act has been amended from time to time and certain major amendments were effected in 1957, the experience of the wormg of the act has revealed certain other difficulties with a view to removing these difficulties, it is now iproposed-(a) to widen the coverage of the act so as to make it appl!l-calble to all factories to which ,provisions of the factories act, 1948, have been extended by the state governments, (b) to include in the definition of 'industrial establishmenlt' air tr8i11spol'it services other than militall'y, nawl and adr forces and motor transport services, (c) to pennit deductions from wages of employees on account of grant of advances for various purposes such as purchase of cycles or grant of loans for ho~building purposes and loans from labour welfare fund, travelling allowance, etc, (d) to provide, as recommended ibythe public accounts committee, !for the recovery o<f losses to the railways due to acts of omission or commission on the part of the employees, ( e) to provide for the fixation of an outer limit for deductions from twages, (f) to enlarge the powers of inspectors so as to ensure proper inspection and better enforcement of the provisions of the act, and (g) to clarify that the ju:risdiction of the , authorities appointed to hear claim applications empowers them to decide incidental matters these are broadly the main features of the amending bill opportundty has also been taken to make certain other amenmnents of a ~nor character the notes on clauses explain the vaxious changes proposed to be made d sanjivayya the 18th april, 1964 the constitution of india[copy of lettet no, 536/1/60-fac, dated the 28th april, 1964 trom shri d san;itx1yya, minister of labour and emplojimcnt to the secretary, lok sabha] i the president having been jnionned of the subjecl matter of tile proposed bill further to amend the payment of wages act, 1936 bas, in pul'iubdee <a cli!u8e (3) of article 117 of tm consututiion of iniha, recommended to lot sabha the oorajideration of the bill c1ause 2-clause 2 lays down that the provisions of the act shall be extended to industrial estaibllshments owned by the centntl government with objects not confined to one state in consultation with the centtal government czause 3-c1ause 3 seeks to clarify certain terms and expressions wied in the aot and also to enlarge the coverage of the act so as to include civil air transport services and establishments declared as factories under section 85 of the factories act, 1948 clause 4 clause 4 il intended to make it clear that in addition to the ejlij)loyer, the manager, the supervisors, etc shall also be responsible for the payment of wages clause 5--c1ause 5 seeks to amend section 5 of the act the amendments proposed in this clause seeks to lay down that any balance of paymen'ts due on 8c1c'ou:dt of piece rates in certain cases shall be paid within seven days from itlae day of completion of calculation relating to piece rates, and that wages shall be paid before the expiry of the second day from the day of termination of employment in cases where an establisbmeat is closed down otherwise than in observance of a weekly or other recognised holiday one of the amendments to section 5 all1o" gives power to grant exemption to daily rated workers in the public works department from the provisions of section 5, which power, in the case of daily-rated employees of the public workb department, can be granted only in consultation with the central government clause 6-in sud-seetion (2) of section 7, in dauses (i!) and (;) the approval of the state· government i5 necessary now it is proposed to enable the state government to delegate the said power to any specified officer another amendment effected by clause 6 seeks to substitute clauses (f), (ff) and (iff) for clause (f) of sub-section (z) the proposed clauses authorize deductions on account of advances of whatever nature, including ,advances for travelliqg qllowaace, conveyance allowance 8ild also in respect (if loans for bouse building purposes and loans from labour welfve fund this, c1j1use also, provides f(ir the recqvery of amounts for payment of insunnce premia on iideyty guarantee bonds and sums lost to rail-,i ii:: m\is:~:~ : -- '-"" - _,-, "", ways due to certain acts of omission or commission on the part of the employees this clause further provides for the deduction up to seventy-five per cent of the wages for payment to co-operative society and up to fifty per cent in other cases it_ is also laid down that recoveries under any other law are not precluded clause 7-clause 7 provides that deductions under clause (c) or clause (0) of sub-sect,ion (2) of section 7 shall not exceed the amount of dmlage or los,s and the deductions under clause (c), clause (m), clause (n) or clause (0) shall not be made until the worker has been given an opportunity of showing cause against such deductions clatlbe 8-clause 8 provides for the imposition of conditions for deductions on account of advances given after employment clause 9-clause 9 seeks to provide for the framing of rules to regulate the grant of loans, etc claue lo-clause 10 provides for the maintenance of registers and records by the employers and the details connected therewith clause ll-clause 11 enlarges the powers of the inspector 80 as to render the enforcement of the provisions of the act more effective claue l2-clause 12 seeks to insert a new section 14a which would require the employer to afford all reasonable facilities to an inspector for making inspection, etc clause l3-the amendment made by this clause would enable the appointment of a presiding ofhcer of any labour court or industrial tribunal constituted under the industrial disputes act or other corresponding law as the authority under the payment of wages act and also clarifies that the authority under the act tlbn also decide matters incidental to claims arising out of delay in payment of wages, etc ' provision has also been inilde in this clause to empower the $tate government to appoint more than one authority in any specified area and to allocate or distribute work amongst them another change effected by this clause is to increase the timelimit for presentation of claim applications from six months to twelve months ' at present, the liaibility of the employer is to pay a compensation up to a maximum of rupees ,ten in cases of delay in paymen,t of wages it is now bein't increased to rupees twenty-five and it is also provided that the compensation shall be payable even in cases where the amount is paid before the disposal of the claim application the clause also seeks to provide for penalty in cases where the applicant ought not to have 'been made to seek redress under section 15 of the act anothelr amendment effected by this clause is to empower the authority under the act to decide disputes concerning the legal representative of the employer or the employed person the clause also provides that an linquiry under section 15 shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the indian penal code i clause 14~lause 14 seeks to ejgtend the facility of making a single applicatwn on behalf of any number of pel'riollb who are similarly affected in case of unauthorised deductions also some other changes of a consequential natu'l'e have also been made by this clause ' clause 15-clause 15 seeks to provide for appeals from a direction under section 15 which has the effect of irn(>osing on the employer a financial liability exceeding one thousand rupees the proposed change in clause (b) of sub-section (1) of section 17 would provide for appeal being filed by all persons who can fhe claim applications under sulb-section (2) of section 15 it would also enable an appeal being filed by an individual, if the amount involved is rupees twenty as against rupees fifty which is the existing limit a new sub-section (la) is being introduced efter sub-section (1) of section 17 witha view to providing that the memorandum for appeal filed by an employer shall be accompanied by a certificate to the effect that the atppelianlt has deposited the amount appealed against the proposed new sub-sections (3) and (4) provide that where an appeal is preferred by an employer, the authority shall, it directed by the appellate court, withhold eny sum in deposit with him the appellate court would also be entitled to submit any question of law for the decision of a high court clause 16-clause 16 seeks to authorise the same persons to act on behalf of ,the worker as are authorised under sub-section (2) of section 15 clause 17-the proposed omission of section 19 is consequential to the amendment of section 3 proposed in clause 4 468 (b)~ clause 19-clause 18 provides for the imposition of penalties tot non-maintenance of registers and records, non-sulbmission of correct returns, etc; it also provides for enhancement of the penalty in cases of continuing or repeated offences clause 19-clause 19 is self-explanatory clause 20-clause 20 seeks to insert a new section 22a with - view to providing for protection to persons acting in good faith clause 21-olause 21 seeks to include air' transport service in lection 24 so as to bring it within the central sphere clause 22-clause 22 seeks to empower the state government to make rules in relation to certain additional matters necessitated by the other amendments made in the bill this clause also seeks to make the usual provision for the laying of ,the rules made under the act before parliament the payment of wages act, 1936, is administered by the state governments except in railways, mines and oil-fields where the act is em01"ced by the centrol government through the organisation of the chief labour commissioner (central) clause 3 of the bill seeks to enlarge the coverage cyf the act by covering all establishments declared as factories under section 85 of the factories act, 1948, and by including within the definition of "industrial establishment" civil air transport service clause 13 of the bill seeks to empower the state government td appoint mdre than one authority in any specified area at present the authorities appointed by the state governments m-e alsd being appointed wthorities in respect 'of the central sphere undertakings in coillnection with the enforcement of dr compliance with these provisions in the central government/ sphere undertakings some e~ture from the consolidated fund 'of india may be involved in prdviding additional staff the amdunt likely td be invdlved 'on this accdunt may not exceed rs 25,000/-per annum memorandum regarding delegated legislationclause 22 of the bill amends sub-section (3) of section 26 of the act to empower the state government to make rules in relation to certain additional matters the additional matters relate, inter alia, to the perticula!"s to be entered in the ~gisters and records, the extent to which loans may be granted for house building or other purposes approved by the state government and the interest payable thereon, and the powers of the inspector these matters pertain to procedure, form or detail and as such the delegation of legislative power is of a normal character ' extracts from the payment of wages act, 1938 (4 of 1936) - •-short title, 1 (1) - - - - - - catent, com-~dcemft (5) the state government may, after giving three months' notice tion,app ica- at its intention of so doing, by notiflcatian in the official gazette, extend the provisions of this act or any of them to the payment of wages to any class of persons employed in any inc;h,lstria} ~blish­ment or in any class or group of industrial establishments , - - -- dcfinitiodi z in this act, unless there is anything repugnant in the subject or context,-(i) "factory" means a factory as defined in clause (~) ot section 2 of the factories act, 1948; 63 01 i~ (ii) "industrial establishment" means any-(a) tramway or motor omni:bus service - - - - - (iii) "plantation" means any estate which is maintained for the purpose of growing cinchona, rubber, coffee or tea, and oil which twenty~ve or more persons are employed for that purpose - - - - - ~:::,:b~li-3 every employer shan be responsible for the payment to persons mel!! of y employed by him of all wages required to be paid under this act: wild· provided that, in the case of persons employed (oth~ ulan by a contractor)-(a) in factqries, if a persot;l has been named as the man,ager of the factory under ciaw\e(t) of sub-secticm (1) of sectlqn 7 of the factories act, 1948, 6, of ina (b) in industrial establishments, if there is a person responsl,ble to the employer for the supervision and co$ol of the industrial establishment, (e) upon railways (otherwise than in factories), if the employer is the railway administration and 'the railway administration has nominated a person in this behalf for the local area concerned, ' the person so named, the person so responsible to the employer, ot the person so nominated, as the case may be, shall be responsible for such payment: - - - - - 5 (1) the wages of every person employed upon or in-(a) any railway, factory or industrial establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day, (b) any other railway, factory or industrial establishment, , mall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable (2) where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated (3) the state government may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsrble for 1:he payment of wages to persons employed upon any railway (otherwise than in a factary) from the operation of this section in respect of the wages of any such persons or class of such persons (4) all payments of wages shall be made on a working day - - - - - 't •• ai) - - - - - dcductiodl which dlq' (2) deductions from the wages of an employed person shall be ~~:'e • made only in accordance with the provisions of this act, and may be of the following kinds only, namely:-- - - - - - (e) deductions for such amenities and services supplied by the employer sa the state government may, by general or special arder authorise; ezplanation-the word "services" in this sub-clause does hoi include the supply of tools and raw materials required for the purposes of employment; (1) deductions tor recovery of advances or for adjustment or over-payments of wages; '" '" '" '" '" (j) deductions for payments to co-operative societies approved by the state government or to a scheme of insurance maintained by the indian post omce; and '" '" '" '" '" for damage or 10 10 (1) a deduction under clause (c) of sub-section (2) of section 7 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person and shall not be made until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the makina of such deductions '" '" '" '" '" 14 (1) '" '" '" '" '" (4) an inspector may, at all reasonable hours, enter on any premises, and make such examination of any register or docwnent relating to the calculation or payment of wages and take on the spot or otherwise such evidence of any person, and exercise such other power of inspectiqn, as he may deem necessary for carrying out the purposes of this act '" '" '" '" '" claim aria-15 (1) the state goverrunent may, by notification in the official ina out, of deductions gazette, appoint any commissioner for workmen's compensation or 'j d f c'vil c urt ~ from wrlet other officer with expenence as a u ge 0 a 1 0 or as a wo-of delay in penj~ ,",' magistrate to be the authority to hear and decide for any payment of 1 " , f d d ti f th wrle' and specified area all clalms ansmg out 0 e uc oils rom e wages, or 1o~2cioui delay in payment of the wages, of persons employed or paid· in that or 'vexatiou area claim, (2) where contrary to the provisions of this act any deduction has been made from the wages of an employed person, or any payment f h o wages as been delayed such person himself, ,or any legal practide' th' d in wri+1 tioner or any official of a registered tra uruon au onse ~ to act on bis behalf, or any inspector under this act, or~y other person acting with the permission of the authority appointed under su:~tioli (i), may apply( to such authority for a direction under sub-section (3) : provided that every such application shall be presented within six months from" "the date on which the' deduction from the wages wu made or from the date on which the payment of the wages was due to be made, as the case may be : provt~ further that arty application may be admitted after the said period of six months wheil the applicant satisfies the authority that he had sufticient cause far not maklng the application within web period (3) when any application under, sub-section, (2) is entertained, the authority shall hear the applicant and the employer or other peison responsible for the payment of wages under section 3, or give them an opportwiity of being heard, and, after such further inquiry (if" any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding ten rupees in the latter : provided that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to-(a) a bona fide etror or bona fide dispute as to the amount payable to the employed person, or (b) the occurrence of an emergency, or the existence of exceptional cii'cumstances, such that the person responsible for the payment of the wages was unable, though exe~is­ing reasonable diligence, to make prompt payment, or (~ the fallure of the employed perbod to apply for or accept payment (4) if the authority hearing any application under this section is satistled that it was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of" wages by the person presenting the "application sidile appli-18 (l) employed cation in ' persons are ~ to belong to the same unpaid ~!f~~tf~~m group if they are borne on the same establishment and if their wages unpaid for the same wage-period or periods have remained unpaid after the ij'oup day fixed by section 6 , ,(2) a single application may be presented under section 15 on behalf, orin res~t of ~y number of employed persons belonging to the same unpaid group, and in such case the maximum com pens~tion th,t may be awarded under sub-section (3) of section 15 shall be ten rupees per head ' - - - - - appeal 17 (l) an appeal' against an order dismissing either wholly or in part an application made under sub-section (2) of section 15, or against a direction mad~under su:b-section (3) or sub-section (4) of that section may be preferred within thirty days of the date on which the order or direction was made, in a presidency-town before the court of small causes and e-lsewhere before the district court-(a) by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees, or (b) by an employed person or any official of a registeted trade union authorised in writing tei act on his behalf, if the total amount of wages claimed to have been withheld from the employed person or from the unpaid group to which the employed person belonged exceeds fifty rupees, or i ,' " ' ,l'l (1) where at any time after an application has been made ~~~:i wider' sub-section (2) of section 15 the authority ql" where at any of of propeny tbne after an appeal has' beenftled under section 17 ,by an employed employer 1 f l---:i tr de th ised or other per- person or any officla 0 a regts~ a ,unjod au or 10 ~]: f:i'r':i- writing to act on his behalf the court referred to in that sechtion, is ment 0 satisfied that the employer or other person responsible for t e pay-wqei mentof wage9 under section 3' is likely to evade payment of any amount that may:be directed to be paid under section 15 or section 19 :the authority or the court, as the case may be, except in cases where the authority or court is 'of opinion that the ends: of justice would be defeated by the delay, after giving the employer or-other person m opportunity of being heard, may direct the attacpmen~ of so much of the property of the employer or other penon respo~ble for the payment of wages as is, in the opinion of the authonty or 458 (b)ls-4 count, sufficient to satisfy the amount which may be payable under the directionit when the authority referred to in section 15 or the court power to rereferred to in section 17 is unable to recover from any person (other =;:o~;nid than an employer) responsible under section 3 for the payment of certain calel wages any amount directed by such autharity wlder'section is or section 17 to be paid by such person, the autjtority shall recover the amount from the employer of the employed penon concerned 20 (1) whoever being responsible for the payment of wages to penalty for an employed person contravenes any of the provisions of any of the :~h:' a:"-following sections, namely, section 5 and sections 7 to 13, both inclusive, shall be punishable with fine which may extend to five hundred rupees (2) whover contravenes the provisions of section 4, section 6 or section 25 shall be punishable with fine which may extend to two hundred rupees 24 the powers by this act conferred upon the state gover- application ment shall, in relation to railways, mines and offields, be powers of railways, the central government and offieldsd (1) - - - - - rulc-makina power (3) in particu·lar and without prejudice to the generality of the foregoilll ~w~f, rul,es made under sub-section (2) may-(4) require the maintenancct of s\lch records, registers, returns and ngticee as are ~ry fpr the ~nfc?rcement of the aet and prelcribed the form thereof; - - - - - (k) preacribe the amount of court-fees ~yfble pl re5pect of any proceedings wlder thli act; and (i) prescribe the abtttracts to be ~ontained in the aotic required, by section 25 - - - - - a bill further to amend the payment of wages act, 1936 (shri d sanjifjayya, minister of labour & employment)

Parliament_bills

3d6f486a-ec99-5550-b3cb-4defd38a36d2

the appropriation (no4) bill, i9~4 i billto authorise payment and appropriation of certain further bums from and out of the consolidated fund of india for the services of the financial year 1964-65 be it enacted by parliament in the fifteenth year of the republic of india as follows:-1 this act may be caued the appropriation (no4) act, 1964 short title 2 from qild out of the consolidated fund of india there may be iuue of ra s paid and applied sums riot exceeding those specified in column 3 of ~i:j~ the schedule amounting in the aggregate 10 the sum of three crores, contolidatcd eleven lakhs and twelve thousand rupees towards defraying the r= &;r several charges which will come in course of payment during the the yeu financial year 1964-65, in respect of the services specified in column 1964-65· 10 2 of the schedule 3 the sums authorised to be paid and applied from and out ot the ~proprla­consolidated fund of india by this act shall be appropriated for the tlon services and purposes expressed in the schedule in relation to the said year i 2 3 no of suma dot esceedidi vote semen and pu!poici voted by charpd 00 ~rr: parliament the con-total lolidatcd pund , 10 re re r:: 31 other feftdue ezpenditwc of the midiatry of pidadce - - 1073,000 1073000 '3 delhi $000 ~~o - ,6 other reyenue ezpenditurc of t1 e & ministry of home a1fain 490,000 [ 90,000 ,a induatrie 160,00,000 160,00000 a4 central road fund 9,000 9,000 i, communicationa (including national hiahwajl) "',00,000 3000 ,,03,000 137 capital outlay on road 3~,ooo 32,000 20 i", capltal outlay on polta and tele-510,00,000 ppba (not met from revenue) - 9000,000 total 31063,000 49,000 3n,i2aooo this 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 moneya required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabba for ejq)enditure of the central government, excluding railways, for the financial year 1964-65' : ! t t krishnamachari president's recommendation under article 117 oj' the constitution of india[copy of letter no 5 (3) -b/64 dated the 25th may, 1964, from shri t t krishnamacbari, minister of finance to the secretary, lot sabha] the president ba~g been infonned of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the year ending on the,31st day of march, 1965, rec0mmends the introduction of the appropriation (no4) bill, 1964 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 115 thereof 2 the bill will be introduced in the lok sabha after all the supplementary demands for grants for 1964-65 have been voted a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1964-65 , (shri t t krishnamachari, ll("" " ,~ dl __ '-rl

Parliament_bills

dd30b6eb-dd31-5a6b-8077-7e173f358979

bill no 39 of 2017 the constitution (scheduled castes) orders (amendment) bill, 2017 a billfurther to amend the constitution (scheduled castes) order, 1950 to modify the list of scheduled castes in the state of odisha and to amend the constitution(pondicherry) scheduled castes order, 1964be 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 (scheduled castes) orders (amendment)act, 201752 in the schedule to the constitution (scheduled castes) order, 1950, inpart xiii—odisha, for entry 79, the following entry shall be substituted, namely:—"79 sabakhia, sualgiri, swalgiri"co 683 in the constitution (pondicherry) scheduled castes order, 1964, the word"pondicherry" at both places where it occurs, the word "puducherry" shall be substitutedco 19amendment of constitution (scheduled castes) order, 1950amendment of constitution (pondicherry) scheduled castes order, 1964 statement of objects and reasonsin pursuance of the provisions of clause (1) of article 341 of the constitution, presidential orders were issued specifying scheduled castes in respect of various states and union territories these orders have been amended from time to time by acts of parliament enacted under clause (2) of article 341 of the constitution2 the state government of odisha has proposed for inclusion of synonymous communities in respect of entry 79 of the list relating to sabakhia community in the scheduled caste list the registrar general of india and the national commission for scheduled castes have conveyed their concurrence to the proposed modifications3 consequent upon the change of name of the union territory of pondicherry to puducherry, the reference of pondicherry appearing in the constitution (pondicherry) scheduled castes order, 1964 is required to be changed, as a consequential amendment4 in order to give effect to the above, it is necessary to amend the following two constitution (scheduled castes) orders, namely:—(i) the constitution (scheduled castes) order, 1950; in respect of odisha; and (ii) the constitution (pondicherry) scheduled castes order, 19645 the bill seeks to achieve the aforesaid objectivesnew delhi;thawarchand gehlotthe 17th february, 2017 financial memorandumthe bill seeks to include certain synonymous communities in respect of an entry in the list of the scheduled castes for the state of odisha this will entail some additional recurring and non-recurring expenditure on account of benefits of schemes meant for the development of the scheduled castes to which the persons belonging to the newly added communities will become entitled, as a result of enacting this bill2 it is not possible to estimate with any degree of precision the likely expenditure which would have to be incurred on this account due to non-availability of caste-wise data annexureextract from the constitution (scheduled castes order, 1950)(co 19) part xiii—odisha 79 sabakhia ————extract from the constitution (pondicherry) scheduled castesorder, 1964(co 68) 1 this order may be called the constitution (pondicherry) scheduled castes order, 19642 the castes, races or tribes or parts of or groups within castes, races or tribes specified in the schedule to this order shall, for the purposes of the constitution, be deemed to be scheduled castes in relation to the union territory of pondicherry so far as regards members thereof resident in that union territory:provided that no person, who professes a religion different from the hindu, the sikh or the buddhist religion shall be deemed to be a member of a scheduled caste lok sabha———— a billfurther to amend the constitution (scheduled castes) order, 1950 to modify the list of scheduled castes in the state of odisha and to amend the constitution (pondicherry) scheduled castes order, 1964————(shri thawarchand gehlot, minister of social justice and empowerment)gmgipmrnd—4783ls(s3)—01-03-2017

Parliament_bills

be24e44d-1c58-5eff-a6d2-17f66d22c2d5

bill no 63 of 2017 the bureau of accountability bill, 2017 by shri vishnu dayal ram, mp a billto provide for establishment of a bureau of accountability to suggest measures for rooting out corruption; making the administration efficient and for matters connected therewithbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "bureau" means the bureau of accountability established under section 3;and(b) "prescribed" means prescribed by rules made under this act5establishment of a bureau of accountability3 (1) the central government shall by notification in the official gazette, establisha bureau to be known as the bureau of accountability for carrying out the purposes of this act(2) the bureau shall consist of—(i) three serving or retired judges of the supreme court of india of whom oneshall be appointed as the chairman of the bureau;10(ii) the cabinet secretary to the central government, as member;(iii) the home secretary to the central government, as member; (iv) director to the intelligence bureau, as member;(v) director of the central bureau of investigation, as member;15(vi) one retired general of the army, as member, (vii) an eminent social worker, as member;(viii) an eminent political activist, as member;(ix) three serving or retired chairpersons of public sector undertakings to be nominated by the central government, as members,20to be nominated by the central government; and(x) two members of parliament, one each from the house of the people and the council of states, to be nominated by the presiding officers of the respective houses (3) the members of the bureau shall have a tenure of six years from the date of their appointment or nomination, as the case may be(4) the office of the bureau shall be at new delhi25(5) the central government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the bureau(6) the salary and allowances payable to and other terms and conditions of service of members and officers and staff of the bureau shall be such as may be prescribed304 the bureau shall take steps and suggest measures to the central government to—functions of the bureau(i) make the administration corruption free; (ii) accelerate the pace of working in the ministries of the government of india;and35(iii) implement the policies framed by the central government within the prescribedtime periodpowers of the bureau5 the members of the bureau shall carry out surprise inspections of various ministriesand departments of the central government and the public sector undertakings from time to time and suggest measures for carrying out administrative reforms in the functioning of the union ministries, departments and public sector undertakings406 the bureau shall formulate rules for its internal working and the rules so made shall be laid before houses of parliamentprocedure to be followed by the bureau in its functioningpower to make rules7 (1) the central government may, by notification in the official gazette, make rules to carry out the purpose of this act5(2) every rule made under this act shall be laid as soon as may be after it is made before each house of the state legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rule10 statement of objects and reasonsit has been emphasized time and again that low performing and inefficient bureaucracy is a big hurdle in the development of the country some senior officers and their subordinates working in government offices do not dispose of their official works within the prescribed or reasonable time period many important files remain pending for months in government offices and offices of public sector undertakings which in turn leads to corruption it is, therefore, necessary that a high powered permanent bureau should be set up to accelerate the pace of work of bureaucracy and ensure timely completion of work this will also help in rooting out corruptionhence this billnew delhi;vishnu dayal ramfebruary 27, 2017 financial memorandumclause 3 of the bill provides that the central government shall establish a bureau of accountability it further provides that the central government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the bureau the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees five hundred crore per annuma non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of this bill 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 establishment of a bureau of accountability to suggest measures for rooting out corruption; making the administration efficient and for matters connected therewith————(shri vishnu dayal ram, mp)gmgipmrnd—5096ls(s3)—27-03-2017

Parliament_bills

4909e77b-b470-5579-b34a-4c4898918e08

b in no 87 of 1988 the tam il nadu appropriation (no 2) bill, 1988 a billto authorise paym ent and appropriatiion of certain sums from and out of the consolidated fund of the state of tamil nadu for the services of the financial year 1988-89be it enacted by parliam ent in the thirty-ninth year of the republic of india as follows:—1 this act may be called the tamil nadu appropriation (no 2) act, 1988short title5 2 from and out of the consolidated fund of the state of tamil naduthere m ay be paid and applied sums not exceeding those specified in: colum n 3 of the schedule am ounting in the aggregate [inclusive of the simis specified in column 3 of the schedule to the tamil nadu appro- 13 9t 1988, priation (vote on account) act, 1988] to the sum of four thousand three 10 him dred and eighty-four crores, seventy-six lakhs and sixty-one thousand rupees tow ards defraying the several charges which will come in course of paym ent during the financial year 1988-89 in respect of the services specified in column 2 of the scheduleiflsuo of rs 4384, 76,61,000 out of the con­solidated fund of the state of tamil nadu for the dalyear1986-89appro­priation3 the sums authorised to be paid and applied from and out of the 15 consolidated fund of the state of tamil nadu by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year12-3sums not exceedingservices and purposesvotwl by parliamenttotalno of vote/ appro­pria­tioncharged on the l consolidated ! fund !irsrsrs1011land revenue department re\enue2469,93,00024,^9,93,00012 1 state excise depart­ment reveiiue4,53,42,0004,53,42,0003motor vehidcs acts- administration revmue4,20,64,0001 14,20,64,0004goieral sales tax— and other taxes and duties—admi­nistrationrevenue23,09,86,00012,00023,0998,000205stamps— administrationrev^ue1,51,12,0001,51,12,0006registration ,revenue10,01,04,0001,00010,01,05,0001 debt chargesrev^ue290,43,74000290,43,74,0007state legislature revenue2,10,49,0002,44,0002,12,93,0008electionsrevenue9,08,05,0009,08,05,0009head of state, ministers and head-quarters staff revenuei(1 47,99720002,7^^,71,00050,73,43,00010milk supply sdiemes revenue3,36,65,0003,36,65,00011district administra­tion revenue581809,00071,00058,18,80,000351,revenue5,176700025,0005,17,92,00012administration of the tamfl nadu hindu religious and charitable endowments act, 1959 •13administration of justicerevenue23,0099,0002 ,45^3,000254662,00014jailsrevenue12,82,660004,00012,82,70,00015police revenue15160,900001,01,000151,61,91,00016fire services revenue11,18,95,000lyooo11,18,9600017educationrevenue68971,29,00015,00068971,44,00018medicalrevenue15605,12,0001,000156,05,13,000services and dirmosesjsums not exceedingtotalno of vote/ appro­pria­ tionvoted by ' parliamentcharged on the consolidated fundrsrsrs19public healthrevenue87,55,25,0002y00087,55,27,00020agriculture revenue147,39,65000syooo147,39,73,00021fisheriesrevenue8,10,08,0001,0008,10,09,00022animal husbandry]revenue36,88,95,0001,00036,88,96,000le23co-operationrevenue52,31,24,0001,00052,31,25,00024industriesrevenue8,85,06,0008,85,06,00025cinchonarevenue4,26,85,0004,26,85,00026handlooms and textilesrevenue20,91,74,00020,91,74,0001527khadi revenue4,57,33,0004,57,33,00028community develop­ment projects and municipal adminis­trationrevenue194,43,86,0002,000194,43,88,0002029labour including factoriesrevenue26,42,87,0001,00026,42,88,00030social welfarerevenue97,18,80,00097,18,80,000125 31welfare of the scheduled tribes and castes, etcrevenue64,74,47,000io,o2,ooo64,84,4900032welfare of the back­ward classes, etcrevenue16,44,85,0006,00016,44,91,(wo33housingrevenue5,52,74,0005,52,7400034urban developmentrevenue59,84,68,00059,84,68,0003035civil suppliesrevenue157,65,37,0003,000157,65,40,00036irrigationrevenue86,68,56,00010,00086,68,66,00037public works— buildingsrevenue3,75,27,00010,92,0003,86,19,0003538public works- establishment and tools and plant revenue31,04,69,00031,04,69,00039roads and bridgesrevenue96,73,36,00096,73,36,0004040road transport services and shippingrevenue6,36,09,0004i0006,36,13,00041relief on account of natural calamitiesreveaue1,19,53,000s,7 sy00,000 19,94,53,00042pensions and other retirement benefits /■revenue i1,55,82,77,0006 2 j 7 ,ooo156,45,54,00043miscellaneousrevenue358,26,04,00014,92,000358,40,96,0004544stationery and printingrevenue18,1636,0002,8100018,19,17,0001sums not exceibdingservices and purposesvotpd by parliamenttotaln» ofvote/appropriatfoacharged on the consolidated fundrsrsrs45forest department revenue1905,70,0001,00019,05,71,00046compensation andj assignmentsrevenue40,63,25,0002 2 ,5 3,0 0 040,85,78,000!47information, tourism and film technology r e ^ u e3,88,04,0003,88,04,0004srural industriesrevenue21,82,31,0003,00021,82,34,00049water supplyrevenue127,10,03,000127,10,03,00050capital outlay on agriculture capital3,91,37,0001,0 0 03,91,38,00051capital outlay on industrial develop­mentcapital13,93,37,0001,00013,93,38,00052capital outlay on litigationcapital57,15,90,00057,15,90,00053capital outlay on public works- buildingscapital45,67,39,0004,01,00045,71,40,0002554capital outlay on roads and bridgw capital43,14,39,0001,00043,14,40,0003055capital outlay on road transport services and shippingcapital '60,24,000160,24,00056capital outlay on forestscapital24,10,42,00024,10,42,00057 1 capital outlay on i rural industries capital1,59,50,0002 ,0001,59,52,0004000 114,24,31,00058 1 miscdlaneous capital i outlay capital14,24,27,000\59loans and advances by the state governmentcapital363,77,29,000363,77,29000public debt— rtpayntent capital••308,88,76,000308,88,76,000tol al•3770,16,52,000614,60,09,0004384,76,61,000 statement of objects and reasonsthis bill is introduced in pursuance of article 204(1) of the consti­tution read w ith the proclam ation issued under article 356 of the consti­ tution in respoet of the state of tamil nadu on the 30th january, 1988, to provide for the appropriation out of the consolidated fund of the s tate of tam il nadu of the moneys required to m eet the expenditure charged on the consolidated fund of the state of tamil nadu and the grants m ade by the lok sabha for the expenditure of the government of tam il nadu for the financial year 1988-89b k gadhvl presid ent's recommendation under article 207 of the constitution of india[copy of letter no f2(105)-b(s) |88, dated the 2nd august, 1988 from shri b k gadhvi, m inister of state in the departm ent of expendi­ture in the m inistry of finance to the secretary-general, lok sabha]the president, having been inform ed of the subject m atter of the proposed bill to authorise paym ent and appropriation of certain sums from and out of the consolidated fund of the state of tamil nadu for the services of the financial year 1988-89, recommends im der clauses (1) and (3) of article 207 of the constitution of india read w ith the procla­m ation dated the 30th january, 1988 issued under article 356 of the con-^ stitution, the introduction of the tamil nadu appropriation (no 2) bill, 1988 in, and the consideration of the bill, by lok sabha2, the bill will be introduced in lok sabha immediately after the d emands for g rants for the expenditure of the governm ent of the state of tam il nadu for the year 1988-89 have been voted a billto authorise paym ent and appropriation of certain sum s from and out of th e consolidated f und of the s tate of tam il n adu for th e services of th e financial year 1988-89(shri b k gadhvi, minister of state in the department o | expenditure in the m inistry of finance)

Parliament_bills

be2467a9-e075-5c2b-9c2b-0d3312ef5d91

the constitution (eighth amendment) bill1959(as introduced in lox" sabha on 16th november, 1959) theconst~tution (eighth am:endment) bill, 19s9 (as nmloducbd in lo~ sabha) a billfurther to !ltnend the constitution of indi!l, , be it enac,teq by p~rlia~ent in the ten,th year qf the republic of india as follows:~ , : ' ' 1 this act may be called the constitution (eighth' amendment) sh ' i , ort tit e act, 1959 5 ,2 (1) iq,article 333 of the constitution, for the words "nominate amendment such number of members of the community to the assembly' as lte of articfe ', ' 333-considers appropriate", the words--"nominate, in the case of the state of west bengal, not more than two members, and, in the case of any other state one [0 member, of the community to the assembly" shall be substituted (2) nothing contained in sub-section (1) shall affect any representation of the anglo-indian community in the legislative assembly of any state existing at the commencement of this act until the 15 dissolution of that assembly 3 in article 334 of the constitution, for the words "ten years" alundment qfanicic the words "twenty years" shall be substituted, 334 " statement of objects and reasonsarticle 334 of the constitution lays down that the provisions of tht' constitution relating to the reservation of seats for the sche duled castes and scheduled tribes and the representation of the anglo-indian community by nomination in the house of the people and the legislative assemblies of the states shall cease to have effect on the elq)iration of a period of ten years from the commence~ ment of the constitution although the scheduled castes and ' ,," ', ' scheduled ttfbes have 'rnade c~siderable progress in 'the last ten years, the reasons which weighed with the constituent assembly in making provision fot' t}u~' 8foresaid'resemtion of seat& and nomina~ tion of members have not ceased to exist it is, therefore, proposed to continue the reservation and t~ representation of anglo-indians by nomination for a further period of ten years in extending the period of nomination of members of the anglo~ indian community, it is proposed to fix the number of such members who may be nominated by governors to state assemblies and an amendment oj article 333 is· accordingly propo8ed new' da1d; g b, pant the 18th s~, ld~ - - - us notwithstanding anything in article 170, the governor of a rcpreaen-'f h ' f " th th an i i d' tatiod of the state may, 1 e 15 0 opmlon at e g 0- n ian community aqloeds , th t':"gisl t' asse bi f th s d indian comne representatlon m eac: a lve m y c e tate an munity in is not adequately represented therein, nominate such number of ~:c l:::~ members of the community to the assembly as he considers appro- ~:;: the priate 3m notwithstanding anything in the foregoing provisions of thil> resenation oflcatl aqd part, the provisions at this constitution relating to--special ~­prelcdtatloft (4) the reservation of seats for the scheduled castes and to cease after ten ycan the scheduled tribes in the house of the people and in the legislative assemblies of the states; and (b) the representation of the anglo-indian community in the house of the people and in the legislative assemblies of the states by notnmatioil, shall cease to have effect on the expiration of a period of ten years frorr the commencement of this constitution: provided that nothing in this article shall affect any representation in the house of the people or in the legislative assembly of a state until the dissolution of the then existing house or assembly, as the case may be - - - it ' billfurther to amend the constitu~ioq9fiudia - , j (:-;1 , i ' - (shri goo;nd bahabh pant, m!'nister of home affairs) gmgipnd-ii36 (b)ls-io-ii-s9-j700

Parliament_bills

f1082af6-efba-527c-a278-eba86deb876f

the union duties of excise (distribution) amendment bill, 1956(as introduced in lok sabha) tile union duties of excise (distribution) amendment bill, 1956 (as introduced in lok sabha) a billto amend the union duties of excise (distribution) act, 1953 be it enacted by parliament in the seventh year of the republic of india as follows:-1 this act may be called the union duties of excise (distribu- short title tion) amendment act, 1956 s z after section 3 of the union duties of excise (distribution) insertiod of act, 1953, the following section shall be inserted, namely: -~~ seetiod 3 of 1953 "3a section 3 shall have no effect in respect of the transitional financial year 1957-58, and during that year, there shall be paid provld·sj~b for istrt uout of the consolidated fund of india to each of the states tiod of a part 10 spec~ed in column ~ of the table b~low such percentag~ of d~~~~ ~niod the distributable union duties of excise as is set out agamst excise ldlong it in column 2 the states 1 2 state percentage is andhra pradesh assam 8'92 2'58 state percentage bihar 11'04 bombay 13'59 kerala 3:86 madhya pradesh 6'17 s madras 8'54 mysore 5'45 orissa 4'17 punjab 4'60 10 rajasthan 4'34 uttar pradesh 18'00 west bengal 7'49 j arnrnu and kashmir 1'25 statement of-objects and reasonsthis bill is intended to give effect to one of the interim recommendations of the finance commission for the provisional distribution during the year 1957-58 of 40 per cent of the net proceeds of the union duties of excise on matches, tobacco and vegetable products amongst the various states the payments will, however, be subject to readjustment in the light of the decisions to be taken on the final recommendations of the finance commission t t krishnamachari new delhi; the 13th december, 1956 financial memorandumat the existing rates of union excise duties and on the basis of the estimates for the current financial year, the bill will involve a payment of rs is· 2 crores from the consolidated fund of india to the states , the amount for the coming year, however, would depend upon the actual net revenue from the excise duties on matches, tobacco and vegetable products realised in that year 2 no administrative expenditure will be incurred in carrying out the provisions of the bill a billto amend the union duties of excise (distribution) act, 1953 the president has, in pursuance of clauses (i) and (~) of article -ii7 and clause (i) of article 274 of the constitu1lon f1if india, recommended to lot sabha the introduction and consaration of the bill m n kata, slcnlary - _-(shri t t krijhnamaclwi, minister of finance)

Parliament_bills

8a734329-fd14-5afc-8ec6-84907da5ede8

the representation of the people (miscellaneous provisions) bill, 1956(as introducm in lob: sabha) the representation of the people (miscella- neous provisions) bill, 1956 (as introduced in lok sabha) a billto provide for the removal of disqualifications for membership of, and voting at elections to, parliament and state legislatures, and for certain miscellaneous matters in connection with such elections be it enacted by parliament in the seventh ye~r of the republic of india as follows:- 1 this act may be called the representation of the people (mis- short title cellaneous provisions) act, 1956 43 of 19s1 27 of 19s6 s 2 (1) every disqualification for membership of parliament or of r~mo~ of the legislature of a state incurred by any person under the repre- ~:~t;8-sentation of the people act, 1951 (hereinafter referred to as the principal act) before the commencement of the representation of the people (second amendment) act, 1956, for failure to lodge a 10 return of election expenses as required by clause (c) of section 7 of the principal act is hereby removed (2) every disqualification for membership of parliament or of the legislature of a state or for voting at an election incurred by any person under the principal act before the commencement of the is representation of the people (second amendment) act, 1956, for any illegal practice or for any corrupt practice other than the corrupt practice of bribery or undue influence is hereby removed ameddmeot oflccdod 7 3 in section 7 of the principal act, in clause (e), for the words "any corporation in which the appropriate government has any share or financial interest", the words and brackets "any company or corporation (other than a co-operative society) in the capital of which the appropriate government has not less than twenty-five per 5 cent share" shall be substituted sfia1 provllion for " nomination in cue of ~= territory 4 notwithstanding anything contained in section 33 of the principal act, where a person detained in prison or other custody in any portuguese territory wishes to stand as a candidate at any election that may be held within one year from the commencement of this 10 act, the nomination paper of such person and any declaration contained therein may be signed on his behalf by the proposerj but no such nomination paper shall be received by the returning officer unless at the time of its delivery the proposer produces before that officer--is (a) a writing signed by such person and showing his intention to stand as a candidate, and (b) a certificate signed by a secretary to the government of india in the ministry of external affairs that the person is detained in prison or other custody in portuguese territory 20 r edtion of 5 it is hereby declared that the office of member of the council til:~~caof advisers associated with the chief commissioner of manipur or jdc:mfparb1,:nhip with the chief commissioner of tripura shall not disqualify the o 'arnent in certain holder thereof for bemg chosen as, or for being, a member of parlia-c8aea ment '5 statement of objects and reasonswhile section 74(2) of the representation of the people (second amendment) act, 1956, removes the disqualification for voting at an election incurred by any person under the repealed section 143 of the representation of the people act, 1951, for default in making a return of election expenses, no provision was made in the amending act for the removal of disqualification for membership incurred by that person under sec~ion 7 (c) of the principal act for the same default the last mentioned section was amended reducing the maximum period of disqualification from five years to three years and the provisions relating to returns of election expenses were also considerably modified in their scope by the amending act despite this provision the disqualification for membership previously incurred under section 7 (c) of the principal act might, on a strict view of the law, be held to continue for the full period unless in any particular case it is reduced by the election commission since the number of such persons is reported to be over 6,000, it is proposed that their disqualification for membership of parliament or of a state le!~is­lature should be removed by an express statutory provision the amending act has done away with minor corrupt practices and illegal practices by repealing sections 124 and 125 of the principal act and has also cut down the number, and reduced the scope, of the corrupt practices mentioned in section 123 thereof section 72 (2) of the amending act further provided that any disqualification for membership entailed by any act which has ceased to be a corrupt or illegal practice under the principal act, as amended, shall stand removed the application of this general provision to concrete cases might lead to doubts and disputes which it seems desirable to avoid it is therefore proposed to make an express legal provision that every disqualification for membership or for voting incurred by any person for an illegal practice or for a corrupt practice other than that of bribery or undue influence shall stand removed section 7(e) of the principal act disqualifies for membership any person who is a director or managing agent of, or holds an office of profit under, any corporation in which the appropriate government has any share or financial interest the wide wording of this section, and in particular the reference to financial interest of government, has led to unforeseen difficulties it can be argued that all local authorities, including even the district councils established by the sixth schedule to the constitution for the autonomous districts of assam, and co-operative societies are corporations in which the government has a financial interest it is doubtful whether this result was intended it is, therefore, proposed in clause 3 of the bill to restrict the scope to section 7(e) of the act to companies and corporations, other than co-operative societies, in the capital of whio!h the government has not less than 25 per cent share in clause 4 of the bill, it is proposed to make a special protision to enable indian citizens imprisoned in portuguese territory to stand as candidates in the forthcoming general elections if any of them wishes to stand for election, it might not be possible for him to comply with the essential requirement of signing the nomination paper as provided in section 33 of the principal act within the time allowed for the purpose it is therefore proposed that in such a case the nomination paper may be signed on behalf of the candidate by his proposer, provided the proposer has obtained the consent in writing of the candidate and a certificate signed by a secretary to the government of india in the ministry of external affairs that the candidate is detained in prison or other custody in portuguese territory the members of the councils of advisers for manipur and tripura hold offices of profit under the government of india and are therefore disqualified for election to parliament under article 102(1) (a) of the constitution it is considered desirable that these offices should be declared by law not to disqualify their holders for being chosen as members of parliament hvpataskar new delhi; the 7th december, 1956 annexure extract from the representation of the people act, 1951 (43 or 1951) - • - • - chapter iii-disq1ullificationslegialature 7 a person shall be disqualified for being chosen as and for being, i?~lftca­a member of either house of parliament or of the legislative =~hip assembly or legislative council of a stateof p~r1iament orofa state - - - - - (e) if he is a director or managing agent of, or holds any offlce of profit under, any corporation in which the appropriate government has any share or financial interest; - - - - - a bill to provide for the removal of disqualifications for membership of, and voting at elections to, parliament and sta te l~slatures, and for certain miscellaneous matters in connec1jo, with such election ~i (shri h v pataskar, minister of legal affairs)

Parliament_bills

3baecb14-1df3-539f-8f20-339532e08d12

the hind cycles limited and sen-raleigh lilm ed (nation a,lisation) bill, 19f3n (to be/as introduced in 10k s"bha) 1 page 2, line ~,-fq1: "releigh" ~ "raleigh" 2 page 5, in the mareinal heading to clause 6,-after "power c)f" insert "central" 3 page 8, line 17,-fo r " amoun t " ~ "arno un t s " 4 page 9, line 7,-fqr "underakings" ~ "undertakings" 5 page 11, line 42,-after "company" insert "concerned," a page 11, in the marginal heading to clause 26,-for "company" !qaq "companies" new delhi· , november 26, 1980 agra}1ayapa 5, 19 ()2 (sak a) the hind cycles limited and sen-raleigh limited (nationalisation) bill, 1980 arrangement of clausescl\usu chapter i preliminary1 short title and commencement 2 definitions chapter ii acquisition of the undertakings of the two companies3 transfer to, and vesting in, centra} government of the undertakings of the two companies 4 general effect of vesting 5 owners of the two companies to be liable for certain prior lia bili ties 6 power of central government to direct vesting of the undertakings of the two companies in two government companies chapter iii pa yment of amounts7 payment of amount 8 payment of further amounts chapter iv management, etc, 0' the undertakings of' the two companies9 muagement, etc, of the undertakings of the two companies 10 duty of persons in charge of management of the undertakings of 'the two companies to deliver all assets, etc 11 duty of persons to account for assets, etc, in their poueuion 12 accounts and audit chapter v provisions relating to employees of the tw'-l companies13 continuance of employees 14 ·ptqvi4ct fund and otber f'imda chapl'er vi commissioner of payments clauses'15; appointment of commi&3ioner of payments 16 payment by central government to the commissioner 17 certain powers of central government or government companies 18 claims to be made to the commissioner 19 priority of claims 20 examination of claims 21 admission 'f rejection of claims 22 disbursement of money by the commissioner 23 dish'ursement of amount!' to the two companies 24 undisbursed or unclaimed amount to be deposited with the general revenue account crapter vii miscellaneous25 act to have overriding effect 26 contracts to cease to have effect unless ratified by central government or gov€'rnment com;>anies 27 penalties 28 offences by companies 29 protection of action taken in good faith 30 delegation of powers 31 power to make rules 32 power to remove difficulties 33 repeal and saving the first schedule the second schedule the third schedule 'tiie hind cycles limited and sen-raleigh limited (nationallsation) bill, i980 a billto p1'o'uide jew the acquisition of the undertakings of hind cycle limited, and sen-raleigh limited, with a view to securing the proper management of such undertakings so as to subserve the interest of the general public by ensuring the continued manufacture, pr0-duction and distribution ot bicycles and their component parts and accessories which are essential to the needs of the economy of the country and few matters connected therewith or incident41 thet-eto whluas hind cycles limited and sen-raleigh limited had been engaged in the manufacture and production of articles mentioned :b1 the first schedule to the industries (development and regtllation) 85 et 11 act, 1951, namely, bicycles and their component parts and accessories; 5 and whereas the management of the undertakings of hind cycles limited and sen-raleigh limited were taken over by the central gov--nment under the provisions of the industries (development and 50uw1 regulation) act, 1951; a:jm whbrbas it is necessary to acquire the undertakings of hind 10 cycles limited and sen-raleigh limited to ensure that the intereeta of the eeneral public are served by the continuance, by the undertakings of the two companies, of the manufacture, production and diitribuotion of the aforesaid articles which are essential to the needl of the economy of the country; r be it enacted hy parliament in the 'l'hiriy-ftrst year of the 'republic of india as follows:- chapl'er ipreliminary ,- i 1 (1) th;s act, may be called the hinci cycles umited and sed 5 releigh limited (nationalisation) act, 1980 shol't title ~ ccftl- - acemeat(2) it shall be deemed to have come into force on the 15th day of october, 1980 2 in this act, unless the context otherwise requirel-(a) "appointed day" means the 15th day of october, 1980; 10 (b) "commissioner" means the commisbioner of p~ appointed under section 15; (e) "custodian" means the custodian appointed wad _~ section (2) of section 9 to take over or carry on, the management of the undertakings of either, nr both, of the two companies; is (d) "notification" means fl notification published in tlui ojftcial gazette; (e) "prescribed" means prescribed by rules made ujiidtir thia act; <1> "sen-raleigh limited" includes sen and pandit industries 20 limited, ancillary industries (lugs) private limited, an~lel7; industries (forgings) private limited, ancillary ~ (cranks) private limited and naokhali machine tools limited, all having their registered offices at i, middleton street, calcuua; (g) "specified date", in relation to any provision of this ad, 25 means such date as the central government may, by notification, specify for the p'ilrposes of that provision and cw!erent date may be specified for different provisions of this act; (h) "two companies" means hind cycles limited 'and sen-raleigh limited, being companies as deftned in the corilpameaat, 30 1956, and having their registered oftices at blrtagram, nagda (madhya 1 of ish pradesh), and 1, middleton street, calcutta, respectively; (i) words and expressions used herein and not defined but defined in the companies act, 1956, shall have the meanings, re~~ly, lor 1168 assigned to them in that act 35 chapter ii ac/iuisition of the vndertaldngs of the two compakds3 on the appointed day, the wid~rtajdngb of each of the' two ~'" p~iu'ea, and the rchf, title and'interest of each of the'two eoai rfii relation to such undertakings, shall, by virtue of this' act: ·iam; ~~ 40 ierred to, and sbah vest in, tbe central govemmellt transfer to, anti veel in, in, catral gota'llment of the underta~ of the two companiel 4:' (jr' 'nie uftd~takin~' of eat'h co~rty referred to in sectiirn ~ o_el sarli be deemed to include· all assets, rights, lease-holds, powers, autllo-ret fft rifles 'and privileges, and all property; movable and immovable, including velt1n • latlas,: buildings, workshops, stores, instruments, machinm-y and equip-s ment cash balances, cash on hand, cheques, demand drafts, reserve funda, i1i~estments, book debts and all other rights and interests in; or arisfng out of, such proqerty as were immediarely before the appointed day in the ownership, possession, pow~ or control of such comp;any, whether within or outside india, and all books of account, regi8fers and 10 ah" other documents of whatever nature relating thereto, add shld allo be deemed to include the iiabllities specified in lsub-8ection (z) f section 5 (2) all preperties as aforesaid which have vested in the centriil covernment under section 3 shall, by force of such vesting, be freed and 15 discharged trom any trust, obligation, mortgage, charge, lien and au other encumbrances aft'ecting them, and any attachment, injunctiod, decree or order of any court restricting the use of such propertlei!j" ahy manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn :l0 (3) every mortgagee of any property which has vested under this ad in the central government and every person holding any charje, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest ~5 (4) for the removal of doubts, it is hereby declared that the mom-gagee of any property referred to in sub-section (3) or any other' person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whele or go in part, out of the amo'unt specified, in relation to the companyow8ng such property, in the fi~t schedule, and also out of the amounts determined under section 8, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government 35 (5) any licence or other instrument granted to either of the twe companies in relation to any undprtaking which has vested in the om trai government under section 3 at any time before th~ appointed day and in force immediately before that day shall continue to be in force on and after such day in accordance with its tenor in relation to and 40 for the purposes of such undertaking, and, on and from the date of vesting of such undertaking 1lndpr section 6 in a government company, such government company shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such government company and such government com-45 '?any shall hold it for the remainder of the period for which the company tq which it was granted, would have held it under the terms thereof :l\t~~· ;- (6)'ii; on the appou,wd day,'any 'wit, apptl8:i \p~,othitr p~ o'f ~1) :)~~'~~ w_tever·nature in relation ta any matter specified in lub,~eetiq,n ,(~) ~ ';!',j""" oieection 5, in respect of any undertaking of either of the two c0j:npbdf8l, instituted, or preferred by of, against either of the two, companies, is pending;,th" same shall not abatft-be discontinued or be, in any way, p~ej4-di~,, ~ lylufected by reason of the transfer of the undertaking& of either oftbe two ·eompanies or of , anything containe~ in this actt but the, $uit" appeal or other proceeding may be c~tmued, prosecuted or enforced by or against the central government, or, where the undertakings at, ~~" twocompanies are directed,under section 6, to vest in govei'jux1ept coirr' 10 panies, by or against the concerned government company " ' 5 (1) every liability, other than the liability specified in su~seetiod (2), of each of the two companies in respect of any period prior to the appointed day, shall be the liability of the concerned company and shall '" "', : be enfo~ceable agamst it and n'ot against the central government, ort 15 vlfher~ the undertakings of the two compan~es are directed, under section 6 to vest in government companies, agajn~t the concerned government owneraof the two companies to be liable for certain prior liabilities c9,mp~y· (2) any jiability arising in re~pect of materials 8upplied to either of the two companies after the management of the undertakinp of the 2') company had been taken o-:!er by the central government shall on and from the appointed day, be the liability of the central government or of the coneemed government company aforesaid and shall be dlschlttged by that govemment or gove~mcnt company, as and when repaymedt for stichsup1!lies ~omes due and payable 2s ~3) for the removal ()f doub~, it is hereby declared that-(a) save a: otherwise expressly provided in this section or in any other prg'jision of this act, no liability other than the " liability specified in sub-section (2), of either 'of 'the two companies in relation to its undertakings in reo;;pect of any period prior to the 3" appointed day, shall be enforceable against the central government, or, where the undertakings of the two companies are directed, under section 6, to vest in government companies, against the concerned government :::~'r:many; (b) no a-nard, decree or' order of any court, tribunal or other:15 authority in relation to the undertakings of either of the two companies, passed on or after the !lpp:jinted day, in respect ot any matter, claim or dispute, not being a mcatter, claim or di9::mte in relation to any matter referred to in sub,~section (2), which arose be(ore that day, shall· be enforc:eabl~ ,against the central government, or/where 4'0 the undertakings of the two companies are directed, under section 6, to vest in government companies, against the concerned government ,company; ' (c) no u$bility incurred by either of the two co~~es before the appointed day, for the contravention of any provi$ion ,ef, lawfpr 45 the time being in force,sl1a11 be enforceable against the central government, or, where the undertakings of, the two oompaai~ al'e , 4irected under seciion 0, to 'vebt in government c021lpani~ again\it ' i 'tm:,ooncernedgoverjuaent ~company powerot goverll_ mentto dimet,,)~ ~tihg'of the'widhttaktnjsof th6'1two··! compilltles h'l't'tvo '' governmentcompaniee 6 (1) notwithstanding anything coiitained in sections 3 and 4, the cent:rai:6oiiernment 'may,subject to'bnch't~tms andcomtniodb'u1t may t~ fit to impose, direct, by notification, that,~ac~of the, undergs of the two companies and the right, title and interest o,{each of the two 5 c6inpaniels in relation to theh lespective unc1el;takings which have 'wsted in that government under section 3, and such qf the liaoilities pf ecich 01 the two companies as are specifi",din sub-section (2) of section 5, shall, 'instead of continuing to vest in me central government, vest in two government companies either on the date of the notification or' on such il' earlier or later date (not being a date earlier than the appointed'day) as may be jjqecifted in the notification (2) where the right, title and interest, and the liabilities referred to in su~section (2) of section 5, of each of the two companies, in r~1ation ~o its undertakings, vest in two gover~ent compqnies under sup-sectia;n f s '(1), the government companies "hall, on and from the date of s'lc~ vesting, be deemed to have become the owners in relation to such un~r­takings, and all the rights and liabilities ~i tne central goverriine'n~' ~ relation to such undellakings swill, on and from the date of s~ch vesting, be deemed to have becolil(; the rights and liabilities, respectiv'e1y, of the 2" government companies chapter iii " payment of amountspayment of amount ii '', 7 for 'the transfer to, and vesting in, the central government, w,-,,:r section 3, of the undertakings of each of the two companies and the right, 25 title anel interest of each of the two companies in relation to such uniertakinp, there shall be given by the central government to each of the companies, in cash and in the manner specified in chapter vi, an amount equal to the amount specified against tbe,nme of sueb company in the first schedule - ""-t" ·f paym~­of~ amolulta' 30 8, (1) for the deprivation of the two ~omp8nies of the m~eiit of their undertakings, there shall be given by the central governdleat to each of the companies in cash, an amou;nt calc~ated at the rate ' ',j - ? specift~ against the name of such company i'll, t!te second, sche4,ie for the period commencing on the date on which the management of 35 the ubdertoones of such company were tak~over in purs~ of, the orders made by the centr'al government under th~ provisions of ~ 65 of 1951 industrie, (develop~ent and r~guhltion) actl 1951 and en~on}he ?r~intedday ' ; , , : i , ' (2) the amount specified in secthn 7' and the amount calculated ill 40 accordance with the provisions of sui}-section (1) shall carry sbqple iiiterest at the rate of four per cent per annum for the period cojdld8ll~, chi, on ike i appointed day and' ending on the date on which pj9'dmntoi, shell' amount is m~de by the central government to the commissioiler ' j ' j , - (3) the amounts detennined in accord-jnce with the prov~ 'ot: s~~fjec~ions_g j, a,n~;,~~? sb~n b~ given bryj,th~ ~~ntral g~~enpn'-n~ ~ t~' 451~:~tofl~~~~!_ ~~; a~~t~~n t~ h~e ~~ou~;t:; !i~~,!1,;l ,~~-,\"f!i!~ j4tn~~,_btc, of t¥e v1'q)i'or1~gb of t¥a two 0ij)mi'~ t (1) the general superintendence, direction, control and man,ement of the aftairs and business of the undertakmgs of each of the two companies, the right, title and interest in relation to which have vested s in the central government under section 3, shall,- (4) where a direction has been made by the central government under sub-section (1) of sectlon 6, vest in the government co~any specified in such dlrectionj or (b) where no such direction has been made by the central gov- 10 ernment, vest in one or more custodians appointed by the central gov'!fnment under sub-section (2), and thereupon the government company 'so specified or the custodian or custodians so a;>pointed, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such 15 things as either, or both, of the two companies is, or are, authorised to exercise and do in relation to its or their undertakings (2) t~ central government may appoint one or more individuals or a government company as the custodian or custodians of the undertakings of either, or both, of the two co~anies in relation to which no 2u direction has been made by it ur!c;t'r sub-section (1) of section 6 (3) the cuitodian or custodians so appointed shall receive, froa the funds of the undertakings of the two companies, such remuneration as the central government may fix and shall hold office during the pleasure of the central govermnent 10 (1) on the vesting of the management of the undertakin of the two companies in government companies or on the appointment of a custodian or custodians, all persons in charge of the management of the unqertakings of either of the two companies immediately before such vestin, or appointment, shall be bound to deliver to the coilcemed 3 government company or the custodian or cuitodians, as the case ida1 0 be, all ts, qoojgj of account, registers or other doc~enta in u:jetr c~tody r-=jat,ng to the undertakings diltj of pel'ioiui incharle of mat1ale-idedt of the two compant- to deuver all etc (2) the central government may issue such directions as it ~ deem desirable in the circumstances of the case to the government com- 3s panies or the custodian or custodians, and such government companies or the custodian or custodians may also, if it is considered n~ 10 to do, apply to the central government at any time for mtructiou as to the manner in which the manaaement of the undertakin, of~,~\w companie& shall be conducted or in relation to any other matter ariiiliii, in ~ coufse of such m'nlement duty rtf jmirioda to iiccoudt far etc • in thiit pgiiiii-tlcm 11 (1) any person who has, on the appointed day, in ~ ~0i1 or udder his contorol any a9llets, books, documents or o~ pa~s ~­~ to any undertaking owned by the two com~nies, w~ ure vested in the central government or 'in government co~es under this act, and which belong to the two c(l~panies, or would, have, 80 45 belon&ed, if the undertakings owned by the two compan,ies had z,t ~ in the cedt,l'al government or such gov~lmt" ~~~,~ bi"~ ~ accoadt for tre said ule, books, ckiwmiii add· a: papers to the central government or the government companies and ibau cie!iver them up to t1le central tiovernmen' or audl \jqverdmclll' ~pwlles or to sucn person or persons as tne centra! tiovernmell\ or tbe concerned tiovernment company may specify in tj:us beha1f s (2) the central government or the government compawes aforesaid may take or cawe to be tajten all necessary steps tor securmg p<»iaes&od 01 tile unaenalwlgs ot tne two comparues w!l!cc nave vested ld tile lantral government or the government companies under tnis act ,(3) the two companies filiall within such period as the central gov-10 ernment may allow ul uus benaj1, turnlsh to toat uovernment a compjete ldventory ot au thelr properties and assets, as on the appoulted dhy, pertauung to tile un<1er\ajwlgs which have vested in the l:entral liovernment unaer sectlon 3, and, lor uus purpose, toe central tiovernmen' or tile uovernment companies aforesald sllah attorci to the two compaw8i is au reasooaole taclutle5 10': 1966 12 the custodian or custodians of the undertakings of either, or accounts both, of tile 'wo companies shah mluntaln an account ot tne undertaxlngs and audit 01 tile concerned company or comparues m such form and manner and under such conditions as may be prescnbed and the provlslons at the 20 comparues act, lttao, shall apply to ti:e audit of the accounts so mamtamed 8s they apply to tile auciit of the accounts of a company chapter v provisions relating to employeji'a of tj:m two companiis13 (1) every person who haa been, immediately before the appointed codti-25 day, employea m any unc1erta!ung ot eltller of tile two compan,es shall nuance ef become,-employ (a) on and from the appointed day, an employee of the central government, add 30, (b) where the undertakings of the two companies are d:ireeted, under sub-section (1) of section 6, to vest in government compamea, an employee of the concerned uovernment com,?any on and 1rom the date of such vesting or transfer, and shall hold o1llce or service wlder the central government or the cod-cerned government company, as the case may be, with the same rights 3s and prlvlleges as to pension, gratuity and other matters as would have been admissible to dim if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the conceined government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly 40 altered by the central government or the concerned government company, as uie cue may be 14 of 1m7 (~) notwithstanding anything contained in the industrial disputes act, 1947, or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking at 4s either of the two companies, to the central government or a government company, shall not entitle such office-r or other employee to any campen- sation under this act or any other law for the time being in force and no such claim shall be entertained by any -:ourt, tribunal or other authority 16 (1) where ~tber of toe two compadi bae es~blithed aprowilai fund, su,perannuation, welfare or other fund for tbe benefit of tqe pwseu· l'rovident fund and other tlmd& emp4oy~ in any of its undertakings the moneys re1atable to ttw ~ or o,ner employees wllose services nave become transterred by 01' uad8i tnis act to the central government or a government company sball, s out of the moneys standing, on the appomted day, to the credlt of such provident fund, superannuation, weltare or other fund, stand transferred to, and vest in, the central government or the concerned government company, as the case may be (2) the moneys which stand transferred under sub-section (l) totbe 10' central uovernment or the government company, as the case may ~ shall be dealt with oy tnat government or qovenunedt campedy m mea, manuer as may be prescnbed chapter vi commissioner of payments is15 (1) the central government shall, w the pqrpose of dilbur&iq; the amount payable unaer &e(!uons 1 and 8 to, eaen of ule two comp_~ bj: aoti1lcauun, appoldt a comml>&ioner of paymenb appoin,-mentof commissioner of pay_ menta (2) the central government may appoint such other persons as it may tnmk fit to assist tile commissioner and thereupon tbe commissioner 20 may autnorlse one or more of s~ pello,dl also to exercise au or any 01 tne powers exerclsadle by twn unaer this act and d1l1erent persona may be miulerlsed to exercase ~erent powers (3) any person authorised by the commissiioner to exercise any of tae powers exel'cls8bje by the corunissloner may exercise th06e powers 2s l1l me same manner and wah the same ettect as if they have been coaierred on tnat person directly by tnis act and not by way of 1uu,h0risation (4) l'he salaries and allowances of the commissioner and other per-6ojl8 at?,pwu1eo under 1jlls secuon silall be deuayed out of the conaoli- 30 da~ ~ wld oi lncua 16 (1) the central government shall, within thirty days from the speciliea date, pay m cash to t~ lonurussloner, lor payment to each 01 tjie two compawes,-(0) an amount equal to the amount specified apidai the dame at5s such company' in the j!'ll'st schedujej and payment by central governmentto the corrun:ssioner (b) an amount equal to the amount payable to each of the two compadie under hctlon 8 (2) a deposit account shall be opened by the central: gov8l'l1l8e~ ill favour of the commissioner in the public account of india and every 40 amount paid under this act to the commissioner ahall be depoeiied by him to the credit of the said depoait account and tbe said depgaii account shall be operated by the comrniyjoner (3) separate recorcls shall be maintained by tbe commillioder in r- peet of the wldertakidgs of each of the two campanies inrela~cmtowhida'4' payments have been made to him under tbia a,ct t'''' (;jia"'t acenrlng od the amount 'itanding to the credit of the ,aepotlt account referred to in sub-seetion (2) shall enure to the benefit dt'tte two eompanlel panie 17 (1) the central government or the concerned government corn-s 'ipany, 'as the ease may be, shall be entitled to reeeive, up to the specified date, to the exclusion of all other persons, any money due to either of ,the two companies in relation to the underakin,~ which have vested in the central government or the government comp:my and realised after the appointed day, notwithstanding that the re'111sation pertains to a period 10 prior to the appointed day (2) the central governmentot" the ctlneemed go"ernm~nteompany, 8sthe case may be, may make !l rlafm to the commissioner with regard to every payment made by that government or governm~rtt ~m­pany after the appointed dav fot d't;tehar~nt:! anv habflitv of either of is the two companies, nnt beine!: any liabilitv specifled in sub-sectl'on (2) of !i(!ction 5, in relst;on to anv period prm· to the appointed dav, and everv such claim shall have priorttv in accotdance wfth the priorities attachin~, under this ad, to tbe mattet in relation to which ~uch liabflitv has been discharged by the central government or tbe (;gvernment 20 company (3) save as otherwise provide1 in this act, the liabfllties of either of the two companies in respect of any transaction prior to the appointed day whi~h have not been dischqrged on or before the spe~lfled date shall be the liabilities of the respective company 25 18 every pe~on hrving a claim mainst either of the two compllnies w!th re~'lrd to anv of the matters spe~ifierl in the third 'rchc:!dllle pertainint:! to anv unde takiylg owner) bv it sball prefe such chim before the commisosioner within thirty days from the specifled date: claima to be made to the commissioner provided that if the commis~inner is satisfled that the claim'3nt was 30 prevented bv sufficient cause from pl"eferrin~ the claim within the said period of thirty davs he" may entertain the claim within a further period of tmrty days, but not thereafter priority of claims 19 the claim!'; made under ~ction 18 shall have priorities in accordance with the following principles namely:-!s (a) cate~orv i shall have precedence over 1111 other cate~orles and category ii shall have precedence over category iu, and si) on; (b) the claims specified in each af the cate~orles ihall rank 40 eqwlli~ and be paid in full but if the amount is insuftlc'ent to meet sueh' claim~ in full, they shall abate in equal proportions and be paid accordingly; and (c) the question of diseharging any liabflity with re~ard to a matter specified in a lower category shall arise only if a· surplus ios left afte! meeting all the liabiliti"esspecifted in the immediately higber category examination of clalldl 45 h (i) on receipt of the claims made und~r section 18, the commissioner shall arrange the claims in the order 01 priorities specifledin the th1rd schedule and ""mine the same in accordance with !luch o-der, (2) if, on examination of the claims, the commia&ioner i ·of opidicm that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category !1 (1) after examining the claims with reference to the priorities 5 specibed in the third schedule, the commissioner shall fix a date oil or before which every claimant shall tlle the proof of his claim (2) not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the enrlfsh 1anlna~e havin!:! ci'rculation in the major part of the country and in one 10 issue of any dailv newspaner in such regronal lan~a~ as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim wi'th the commissioner within the period specified in the advertisement (3) everv claimant who faila to file the proof of his claim within the is period specified bv the c1lmmissioner shall be excluded from the disbursements made by the commissioner (4) the commissioner shall after such investillation as may in his opinion be nece9sarv and after jtivin~ the concerned company an opnortunftv of refutin!:! the cla'm and after ~vinlt the claimant a reasonable 20 opportunitv of beinlt heard, bv order in writing, admit or reject the claim in whole or in part (5) the commissioner shall have the power to re~late his own procedure in all matters arisinll out or the discharge of his functions includinlt the place or places at which he may hold hi!'; sitt'in~ and shall for the 25 purpose of makinll any investi~ation under thi~ act have the same powers as are vested in a civil court under the code of civil procedure, 1908 while tryin~ a suit in respect of the followinll matters, namely:-(a) the summoninlt and enforcing the attendance of any witness and examining him on oath; 30 (b) the discovery and producti'on of any document or other material object producible as evidence; (e) the reception of evidence on affidavits; (d) the issuing of any commission for the examinati'on 01 wit nesses - 35 (6) anv investiltation before the commissioner ghall be deemed to be 8 judicial proceedi'ng with'n ·the meaning- of sections 193 and 228 of the indian penal code and the commissioner shall bp rleemed to be a -i5 of 1868 civil court for the purposes of section 195, and chapter xxvi, of the code 2 of 1974 of criminal procedure, 1973 40 (7) a claimant who is dissati!;f1ed with the decision of thecommissioner, may prefer an appeal against such decision to the ptincipal civil court of original jurisdiction within the local limits ofwbose jurisdiction the registered office of the concerned company is situated: provided that where a person who is a judge of a high court is 4s a1)pointed to be the comm's~ioner ~uch appeal ~hall he to the high court - msid1 jurisdiction over the place in which the registered otllce of the coneented company is situaud and such appeal shall be heard and disposed of by not less than two judges of that high court zz after admitting a claim under this act, the amount due in s respect df such claim shall be paid by the commissioner to the person or pe1"9ons to whom such amount i's due, and on such payment, the liability ot each of the two companies in respect of such claim shall stand u_ h d ") ~-~, uiiiic arge : , : '! disbursement ofmone,' by the commissioner 23 (1) if out of the moneys paid to him in relation to the und ertak· 10 in~ of e'ither of the two companies there is a balance left after meetin~ the liabilities as llpecified in the third schedule the commissioner shall dfsburse such balance to the concerned company dieour_met'lt of amounts to the two com paniel (:!} where the possession of any machinery, equipment or other pro-is 'oerlv hr!'! vest~ it! thp ('!f'ntl'rl nnvernment or a goveament comdrnv under this act but sucb machinerv equioment or other pl'("perty dol"!; not helnn!! tn eithpr of the two comoanies it shall be fawful for thp central government 01' the ('oncprne'ti government company to continue to possess such machinery ill' eauipment or other propertv on the same tenns and condwon!c: under whlrh they were nnssessed by either 20 of the companies immediately be"fnre' the appointed day unes»-burled t unclaimed amount te be depoded with the general revenue aceount 24 anv money paiti to the cnmmi!c:!'iioner' which remrins untifc:;hul'sed or unclaimed on the date imme(li!\telv precedinlt the date on whfrh the office of the commis!'!ioner is final~y wound up shall be transferred bv the commissioner bpfnre hi!'! offil'e ;c: finally wouno up to the !tenera1 re-2s venue account "if the central gnvpmmpnt: but <l claim to any money so transferred may be preferred t, thp central government bv the perc:nn entitled to such pavrnent and liihall be dealt wfth as if such tranllfel' had not been made and the nrrjer if "'nv fo1' the payment of the claim being treated as an order for the refund of revenue 30 chapi'er vii miscdlan1lous25 the orovisions of this act shall have efrpct notwithsblndtnll! anvthin5/; inconsistent therewith in rnv clther law fot' the time bein~ in force act to have overridin, effect ilia or in any instrument havinv effect bv virtue of ~nv law other than this 3s act or in any d~ree or order of any court, tribunal or other authority contract toceale to have effect unless rat!-fled by central govemment or govern" ment c(doo ~ • everv contract entereti into bv either of the two coml)8nier in rplation to any of its underta'ldnf(rwhfeh has vested in the central govemment under sections for any remce s~le or supdly and in force immediately before the apoointed dav shall on and from' the exoi1'v 40 of a period of thirty dav!c: from the i'ippointpd dry cease to have effect unless such contract is before the expiry of that period, ratified in writing by the central governme"lt or the government company in which wah undertakinll has been vested under thi~ act and in ratifvin~ such contract, the central govemmpnt or such government comnany may 4s make such alteration or modification therein as it may think fit: f1ruorided that the ceutnu g~ or 81icb govemlmllt jwulyshall not omit to ratify contract and shall not make ~yaltera· tion or modification in acontrar:t- (4) unless it is atisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to ·the in-s terests of the central government or such government company; and (b) except after giving the parties to the contract a'rauonable opportunity of being hearri aj"lc1 except after recording in writing tts reasons for refusal to mltify the contract or far making any al- 10 teration or modlfteatton thefflin n any persen wao,-(ei) 'having tn his 'poai!i8bcrion, custody or ~ontrol _y properl:f forming j)art of any undertaking of either of the two cmnpanies, wrongfully withholds such property from the central goverument is or the government company concerned; or (b) wrongfully obtains oossession of, or retains, any property fonning part of any undertaktnc;r of either of the two companies; or (c) wilfully withholds or fails to furnish to the central governmentor the governmel~ co:~lpany concerned or any person or 20 body of persons specified bv that government or such gov~rnment company, any document relating to such undertaking, which may be in his po'~lession, custorlv or control; or (d) fan!' to deliver to the central government or the government com dan'! concerned or ~ny person or body of per~o'l!9 a1)fllctfted 2s by that government or govenment company, any assets, ~ks of account, te,!i!o;ters or other dot'uments in his possession custody or control, relathlg to the undpt'tnkings of either of the two companies; or (e) wrongfully remeves or -deevoys any property formtng part 30 of any undertaking of either <'f the two companies or prefers any claim which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisgnment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or 3s with both - , 28 (1) where an offence under this act has been committed bv 'a eompanv, every person who at the time the gtf8l1ce was eommftted was in th8l'ft m and was l'es'pomible to the eompany tor ,the ool'lduct 'of thebuliness of the mm"anv a8 well as the company, _ube 40 deemed to be miilt\t of the nffence and s"a11 be liable to be ,proeeec1ed against and punished accordingly: 'provided that nothin,!?, contained in this sub-!lectfon shall rendet any such pefsnn liable to any nunishmertt if 'he t)foves thstthe 6l!enc!ewas rmnmftted without his knowlec"/ote 0r that he 'had ex6cl8ed an due 45 diligence to prevent the commissinn of such offence ~) ~~wit~diqi 1u\ythua& containm in iu~ (1), any ol~ce under this act~ been comolitt~ by i compaiu' qm, it is prov~ that tb ,offe,nqe haa be~ committed witb the cojlle~ 01'1 c:qlmivance of, or is attributable to auy neglect oll the i't of, ny, ~ s tor, ~~ager, secretaj'y or other officer qf the company,suc:b dil'ectqr • m,an~, secxjttify or other oftlcer shall be deemed to ~ gpjlty of tha ollence and saau be liable 10 be proeeed8!d ag~nat add ~heci a~ ~y 10 (a) "company" means any bedy corporate and' includes a firm or other asaociation ot individuals; and (b) "director", in relation to a ftrm, means a cjartner in the fum a)· no suit, pj'osec14tion or other legal proceeding shan lie against the central government or any atl\cer of that gqvemmant 01" i'i the custo<han or the government colilpanies or other pel"fk)d authori-d - by that government or government companies for anything which is ia good faith done or intended to be done under this act pro~ tion 01 actioq taken fitiood faith (2) no suit or other legal proceeding shall lie against the central government or any of its omcers or other employees or the custodian 20 or the government companies or any officer or other person authorised by those companies for any dam~e c~used or likely to be caused by anything which is in good faith done or intended to be done under this act dele gation of pow8l'll 30 (i) the eentral government may, by notiftcation, djrect tha~ all:' 2s or any of' t1te powers exercisable by it under this act, other than the powers conferred by this section and sectiona 31 and 32 ~y also be exercised by such person or persons as may be specified in the notifica· tion (2) whenever any delegation of power i$ made under sulhectiioll 30 (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the central government 31 (1) the central government may by notification, mam rul~ for carrying out the provisions of this act power to mate rules (2) in particular, and without prejudice to the generality of the 3s foregoing power, such rules- may, provict for all or any of the following matters namely:-(a) the time within which, and the manner in whi<:h, 8jl intip, mation referred to in sub-section (3) of section 4 shall be given; (b) the form and manner in which, and the conditions under 40 which, the custodian or custodians shall maintain the aceoanta as req1llkecl: by section 12; (c) the manner in which the moneys in any provident fund or other- fund, referred to in section 14, shall' be dealt with; (a) any other matter which is required to be, or jd4ybe, prescribed (3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parl1ament while it is inaession for a total period of thirty dajs which may be comprised in onesesaion or in two or more successive se&8iods, and if, betore the expiry of the· session immedlately followini s the se8slon or the successive sessions aforesaid, both houaea 8il'8e in maki0l any mocwlcation in the rule or both houses agree that the ruje should not be made, the rule shall thereafter have ej:fect only in such modlfied form or be of no effect, as the case may be; so, however, that any such modification or annulment sball be without prejudlce w 10 the validity of anything previously done under that rule 3% if any difficulty arises in giving etiect to the provisions of this act, tne central government may, by order, not incodsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expirj of a is period of two years from the appointed day 16 ot 1980 repeal and saving 33 (1) the hind cycles limited and sen-raleigh limited (nationalisation) ordinance, 1980, is hereby repealed (2) notwithstanding such repeal, anything done or any action taken under the ordinance so repealed snall be deemed to have been done or 20 taken under the corresponding provisions of this act the first schedule[see sections 4(4), 7, 8(3) and 16(1) (a)] -------------sl name of the company ng amount (rupees in lakba) 2s 24147 70800 1 hind cycles limited 2 sen-raleigh limited 3 sen and pandit industries limited 2396 4 ancillary industries (lugs) private limited 131 5 ancillary industries (forgings) private limited 14& 6 ancillary industries (cranks) private limited 233 287 7 naokhali machine tools limited ------ the second schedule[see section 8(1)] 81 name of the company no rate per annum 3s (rupees) ,000 - 1 hind cycles limited 2 sen-raleigh limited 3 sen and pandit industries limited 4 ancillary industries (lugs) private limited 8,900 ~ 500 5 ancillary industries (forginp) private limited 500 6 ancillary industries (cranks) private limited doo [se sectjodb 18, 20 (1), 21 (1) and 28 (1) ] order of priorities foil the discharge op' liabitl'l'ii's ar tid two companiis post take-over managemerd period ca"o:r:1i f-' •• 1 , ", ;'" (a) wages, salaries and ~er due payable to the empjoy" of the companies (b) deductions made from the salaries and wages of tw ~ijlll;to-10 yees for provident fund, the employees' state insurance ftuld, premium relating to the life insurance corporatiod of india or for any other purpose categoty 11-principal amount of loans advaneed by-is (i) the central government :(ii) a state government (iii) banks and financial institutions (iv) any other sources category iii-(a) arrears in relat!on to contributions to be made by the companies to provident fund, the employees' state insurance fund or under any other law for the time being in force providing for such contributions (b) any credits availed of by the companies for the purpose of carrying on any trading or manufacturing operations, other than those specified in sub-section (2) of section 5 (c) any dues of state electricity boards or other government or semi-government institutions against supply of goods or services, other than those specified in sub-section (2) of section 5 30 (d) arrears of interest on loans and advances catego'fy iv-(a) revenue, taxes, cesses, rates or other dues to the central government, a state government or any local authority (b) any other dues pre-take-over m4mgement period ss category v-(a) wages, salaries and other dues payable to the employees of the companies (b) deductions made from the salaries and wages of the employees for provident fund, the employees' state insurance fund, premium relating to the life insurance corporation of india or for any other purpose ' _ i~ ,1\ : // ' 'i) the, (;entjtl gov-unent (ii) a state govern~t (iii) banks, ,and· imbc,jal ~ti~utiods s (b) arrears in relation to contributions to be made~ \ companies to provident fund, the employees' ~tate insurance l'und ~~'qn}aer lfty ~het·"1'8w f&j:fh~ )[twruf~iilr'm%rde ~mi, for such contributions 10 ca~ titt~ i", -jprtd~at aniountr"of"udjeeured1 loans'8dvahm1by;; , 'r, (i) the central government (ii) a state government , , (iii) banks and financial institutions categorjl viii- is(a) any credits availed of by the !~ies tof'lft1e"'p~se of carrying on any trading 'or'dei1ulacfuiing'!opfratiom (b) any dues of state electricity boards or'dthet 'gbvernment or semi-government institutions against supply of goods ol"servitea (~ arrears of interest on loans and advances 20 (d)'~e1tue;'tftes, cerii!s'--rates :or otlier"dties'to the ~'fra1 j"i(k)gehutl~; &1st~te- governtttelit;or ;any' loesl liiuthofolty (e) any other loans or dues , ~d·j;n ·tbet:~tur ~ productk>~ of;biey,¢l":,~,;tlleir,~u p ~nqic:ce~lor more than 4:wcr decades 8dclthe"hava dllweloperi a ,~;br_ ina, and,adequme t'qmilm817- acce!lwmce,fqj' th,~pjdt ~ 'phua twonompanieai;8ccqulit;ior a total8lll1lll1 capaclw at~oje tm"aldla,:ollbic?'cles ilawevar,; as tbere had bea a stead¥i faii-prijiiimtioft am the compudes'ooatinued tt incur cub- jo };the 1lllug& ~ot,b two units of hind c~les·limited and sed ba1eiglluilli1ied, aq lmlth'it associate· and wbsldiary, 1ulits, wall taken owri:by·,·the central goveaameut ,tmd, the :provblcjl!1s-:of· the· lridastrlltl :(dmlepment and regulation) act, 1951, in january 1974 and september 1975 respectively 2 though national;sed banks and public financial in'3titutfons have been advancing large amounts of money the companies were facing acute shortage of liquid funds for their working capital requirements funds were also rpquired for modernisation of the plant and machinery of the tw'o companies but pending nationalisation of these two companies, it was not possible for government to invest anv more monev in these companies studies made of the financial condition of the companies revealed that the companies were not fit for reconstruction as the capital base had been eroded many times over and the companies could be re-started w;th unencumberpd assets only afte~ total elimination of the external liabtiities through a process of nationalisation it was also :felt that it would not be appropriate in the public i'ntet'est to allow theoge units to close down as between the two companies they accounted for about one-sixth of the total production of bicycle!'! in the country closure of the units also would have thrown out of emplovment it labour force of over six thousand in view of this, rt was decided to acquire the undertakin~ of the two companies so that fresh capital could be invested bv govemment the hind cycles limited and sen-raleigh limited (nationaliisatian) ordinance, 1980 (16 of 1980) was, therefore, promulgated by the president on the 15th october, 1980 3 the said ordinance, apart from providing for the acquisition and transfer of the undertakings of the two companies, provided for the payment of an amount for such acquisition, vesting of the undertakings of the companies in two government companies, appointment of a commissioner of payments for the pul'}y'se of disbursing the amounts payable to the companies, and for other incidental iu)d consequential matterw " the bm seeks to replace the aforesai'd ordinance new dam; charanjit chanana the 13th nooember, 1880 -, ": ' ~ [copy of letter no ime-49(28)/80(iii), dated the 18th november, 1980 from shri charanjit chanana minister of state in the ministry of industry to the secretary, lok sabha] 'the president, having been info inned of the subject matter of the' bill to provide for the acquisition of the undertakings of hind cycles limited and sen-raleigh ijmited, with a view to securing the proper management of such undertakings so as to subserve the interests of 'the general public by" ensuring the continued manufacture, j)foduction and distribution of' bicycles and their component parts and accessories which are essential to the needs of the economy of the country and for matters connected therewith or incidental thereto, recommends under cl8u8es (1) and (3) of artic1e 117 of the constitution the introduction of the said bill tn and its consideration by lok sabha financial memorandumi > , cause 3 of, the bill pnvidel' ,fqr tae acquisition of',~ undertaking_' of hind cycles limited and ~~roleoigh limi~edby the central government " ,; : " ) j , , " ' : , ~' ' : - , t _ ) ' ' ,2 clause, ~ of tbe bill provides for the payment m, cash of an, imom,lt of rs 981~qoo (rupees nine crorea eighty-one l4lkbs, and thtity-eight thm,asand only) for vesting, in the ceniral goy,~rnrnent i~e rilht~ tjpe and, interest of the two companies in relation to the un4~ry iqngs o:wned by them s sub-clause' (1) of clause 8 6f the bill provid8fqr payment ot a further amount in cash in consideration for the c!ei1hvation of the·two companies of the management of their undertakings for the period commencing on the date on which the managemen~ of ~~,u~de~takings of the companies was taken over by the central gov'ernrrient and ending on the appointed day, ie, the 15th october, 1980 it is estimated that this amount will be of the order of rs 1,05,000 (rupees one lakh and five thousand only) 4 sub~lause (2) of clause 8 of the bill provides for payment of simple interest at the rate of four per cent per annum in respect of amounts payable under clause 7 and sub-clause (1) of clause 8, for the period commencing on the appointed day and ending on the date on which the payment of the amounts is made by the central government to the commissioner of payments it is estimated that this amount is likely to be of the order of rs 32'8 lakhs (rupees three lakhs and twenty-eight thousand only) per month 5 under sub-clause (2) of clause 5 of the bill, any liability arising in respect of materials supplied to either of the two companies after the management of the undertakings of the concerned company had been taken over by the central government, shall on and from the appointed day, be the liability of the central government or of the concerned government company in which the undertakings are vested under the provisions of the bill it is estimated that this amount is likely to be of the order of rs 2,77,00,000 (rupees two crores seventyseven lakhs only) 6 clause 15 of the bill provides for the appointment of a commissioner of payments by the central government for the purpose of disbursing the amounts payable to the two companies this clause also provides for the appointment of such other persons as it thinks fit to assist the commissioner in the ~xereise of his powers under the bill under sub~lause (4) of this clause, the salaries and allowances of the commissioner and other persons appointed will be defrayed out of the consolidated fund of india the estimated expenditure on this account is likely to be of the order of rs 10,000 (rupees ten thousand only) per month 7 funds will aoo have to be provided to the two new government companies set up to take over the undertakings of hlnd cycles limited and sen-raleigh limited towards modernisation this is ebtimated to be around rs 1,50,oo,~(~u~ p~!! ~~re ~~ ~t1 lakhs only) , 8 it is anticipated that all the liabilities s~ifted in the third stlaedule to the- 'ijiu'lre not !11kel1'~ m' d'iielwtlld ul"iby ~b oowa siaml'- ef paymellw out of thee ,amtlunt paid :toi'hlrn~ h 'plo~, of the bill '!be central government proposes to assume some of the qa, dischars~ 1jabqities, ,such as! p~yp1e~ts ,c;lue to,~~ ~jtlp19yt;eb pf t;jle uj,1~erta~~ • }'i!pa;y~e"t of ~~ gi~en b1 buks ~ ~,~~ tipns ~ ~map'a¥!~ent ctf ,th~ 4n~rta~n~ h ~ beeq ~py~ !:>r • the central gq~e~l\1ent, }~~d lo1~ ,pnd 'ad~ce8 ~,ven, by,~¥~ b~ andflnaneial institutions at the behest of goventment' before such management was taken over the extent of liability on this account' wul· ~ ~ plll3t ~~w'lla~tp~ ~ s:p'!lalimicmr~~j,~ f~erts h~,pl~ ~¥nlfp~j$'~~,r' 9,~~ ~m,jf ej?,9c~d js n~~ l~~~y "tq ~ypj!e !-nyt0tber j'~~tip!$fpr, n~m-~!jqij!g ~~l£~}l4\t~ : jf'a'~elj'3r /bif thj~mtr-t:6w,~'ttle ,1~tmj~~ "tb rules to carry out the provi_ 6t'11l~'i~ut the matters in respect of which rules may be made, inter alia relate to the time within which, and the manner in which, an --mtrrtiation regarding any mortgage, charge, lien, etc, on the prop('rtie:; which have vejtecl in the central r~~ittitit r1m1l~j;tved 1ltf'tb!-'tonflllus~"ctf,l!t~!'tht1~ ~tt 'fttk~'1tt','wttieh, "~d~4!' ~18h!mts '~t"~kh, "c!edmts'~ be maintained by the custodian or custodians and ·the mannet i'in which the moneys in any provident fund, s'i1perannuation, welfare or other fund maintained by the two companies shall be dealt with by the central government or the government company 2 the matters in respect of which such rules may be made are matters of procedure and adminh:trative detail the delegation of legislative power is thus normal in character a billto provide for the acquisition of th!' undertakings of hind cycles limited, and sen-raleigh limited, with a view to securing the proper management of such undertakings 80 38 to subserve the interests of the general public by ensuring the continued manufacture, production and distribution of bicycles and their component parts and accessories which are essential to the needs of the economy of the country and for matters connected therewith or incidental thereto (shri cbatlll'\jit chanana, minister of state in the ministry of industry)

Parliament_bills

b7be0556-45e0-5c30-adf7-8538c0a2f9f4

bill no 188 of 2019 the repealing and amending bill, 2019 a billto repeal certain enactments and to amend certain other enactmentsbe it enacted by parliament in the seventieth year of the republic of india as follows:—short title1 this act may be called the repealing and amending act, 2019 2 the enactments specified in the first schedule are hereby repealedrepeal of certain enactments3 the enactments specified in the second schedule are hereby amended to the extent and in the manner specified in the fourth column thereof5amendment of certain enactmentssavings4 the repeal by this act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;10and this act shall not affect the validity, invalidity, effect or consequences of anythingalready done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;5nor shall the repeal by this act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force the first schedule (see section 2) repeals| year | act no | short title ||--------------------------------------------|-----------|-------------------------------------------------------------------------|| 1 | 2 | 3 || 1850 | xii | the public accountants' defaults act, 1850 || 1881 | xi | the municipal taxation act, 1881 || 1892 | x | the government management of private estates act, 1892 || 1956 | 69 | the terminal tax on railway passengers act, 1956 || 1958 | 56 | the himachal pradesh legislative assembly (constitution and || proceedings) validation act, 1958 | | || 1960 | 22 | the cotton transport (amendment) act, 1960 || 1963 | 1 | the hindi sahitya sammelan (amendment) act, 1963 || 1963 | 35 | the dramatic performances (delhi repeal) act, 1963 || 1964 | 10 | the public employment (requirement as to residence) amendment || act, 1964 | | || 1968 | 49 | the delhi and ajmer rent control (nasirabad cantonment repeal) || act, 1968 | | || 1973 | 56 | the alcock ashdown company limited (acquisition of undertakings) || act, 1973 | | || 1976 | 55 | the iron ore mines, manganese ore mines and chrome ore mines labour || welfare cess act, 1976 | | || 1976 | 61 | the iron ore mines, manganese ore mines and chrome ore mines labour || welfare fund act, 1976 | | || 1976 | 62 | the beedi workers welfare fund act, 1976 || 1980 | 68 | the tea (amendment) act, 1980 || 1981 | 62 | the aligarh muslim university (amendment) act, 1981 || 1982 | 63 | the road transport corporations (amendment) act, 1982 || 1983 | 41 | the transformers and switchgear limited (acquisition and transfer of || undertakings) act, 1983 | | || 1988 | 22 | the tamil nadu agricultural service co-operative societies (appointment || of special officers) amendment act, 1988 | | || 1999 | 3 | the high denomination bank notes (demonetisation) amendment || act, 1998 | | || 2001 | 39 | the motor vehicles (amendment) act, 2001 || 2001 | 48 | the registration and other related laws (amendment) act, 2001 || 2002 | 16 | the institutes of technology (amendment) act, 2002 || 2002 | 43 | the delhi university (amendment) act, 2002 || 2007 | 3 | the dalmia dadri cement limited (acquisition and transfer of || undertakings) amendment act, 2006 | | || 2007 | 28 | the central road fund (amendment) act, 2007 || 2009 | 21 | the prevention of money-laundering (amendment) act, 2009 || 1 | 2 | 3 ||-----------------------------------|-----|--------------------------------------------------------------------------|| 2009 | 22 | the central industrial security force (amendment) act, 2009 || 2009 | 38 | the central universities (amendment) act, 2009 || 2010 | 3 | the civil defence (amendment) act, 2009 || 2011 | 6 | the repatriation of prisoners (amendment) act, 2011 || 2011 | 14 | the customs (amendment and validation) act, 2011 || 2012 | 28 | the national institutes of technology (amendment) act, 2012 || 2012 | 34 | the institutes of technology (amendment) act, 2012 || 2014 | 8 | the governors (emoluments, allowances and privileges) amendment || act, 2014 | | || 2014 | 9 | the national institute of technology, science education and research || (amendment) act, 2014 | | || 2014 | 19 | the andhra pradesh reorganisation (amendment) act, 2014 || 2014 | 20 | the telecom regulatory authority of india (amendment) act, 2014 || 2014 | 31 | the merchant shipping (amendment) act, 2014 || 2014 | 32 | the merchant shipping (second amendment) act, 2014 || 2014 | 39 | the national capital territory of delhi laws (special provisions) second || (amendment) act, 2014 | | || 2015 | 2 | the public premises (eviction of unauthorised occupants) amendment || act, 2015 | | || 2015 | 3 | the motor vehicles (amendment) act, 2015 || 2015 | 5 | the insurance laws (amendment) act, 2015 || 2015 | 10 | the mines and minerals (development and regulation) amendment || act, 2015 | | || 2015 | 12 | the andhra pradesh reorganisation (amendment) act, 2015 || 2015 | 14 | the regional rural banks (amendment) act, 2015 || 2015 | 16 | the warehousing corporations (amendment) act, 2015 || 2015 | 21 | the companies (amendment) act, 2015 || 2016 | 10 | the election laws (amendment) act, 2016 || 2016 | 13 | the high court and the supreme court judges (salaries and conditions || of service) amendment act, 2016 | | || 2016 | 25 | the mines and minerals (development and regulation) amendment || act, 2016 | | || 2016 | 42 | the national institute of technology, science education and research || (amendment) act, 2016 | | || 2016 | 45 | the central agricultural university (amendment) act, 2016 || 2016 | 48 | the taxation laws (second amendment) act, 2016 || 2017 | 19 | the national institute of technology, science education and research || (amendment) act, 2017 | | || 2017 | 21 | the collection of statistics (amendment) act, 2017 || 2017 | 25 | the indian institutes of information technology (amendment) act, 2017 | the second schedule (see section 3) amendments| year | act no | short title | amendments ||----------------------------------------------|-------------------|-----------------------------------|-------------------------|| 1 | 2 | 3 | 4 || 1961 | 43 | the income-tax act, 1961 | in section 54ga, in the || sub-section ( | 1 | ), in clause ( | a || brackets, letters "clause ( | za | )", the words | || and figure "of section 2" shall be inserted | | | || 2017 | 33 | the indian institutes of | ( || management act, 2017 | '"director" means | | || 5 | | | || the words '"director" | | | || means | | | || 1 | | | || shall be substituted; | | | || ( | ii | ) in section 36, in sub-section ( | 1 || word "ordinance", the word "ordinances" | | | || shall be substituted | | | | statement of objects and reasonsthis bill is one of those periodical measures by which enactments, which have ceased to be in force or have become obsolete or the retention whereof as separate acts is unnecessary are repealed or by which the formal defects detected in enactments are corrected2 the notes which follow explain the reasons for the amendments suggested in such of those items of the bill in respect whereof some detailed explanation is necessary3 clause 4 of the bill contains a precautionary provision in the form of saving clause which is usual to include in the bill of this kindnew delhi;ravi shankar prasadthe 22nd july, 2019 notes on the second schedule1 the income-tax act, 1961—the amendment proposed to the act seeks to rectify patent errors2 the indian institutes of management act, 2017—the amendments proposed to the act seeks to rectify the mistakes that had inadvertently crept in the said act annexure extract from the income-tax act, 1961 (43 of 1961) 54ga (1) notwithstanding anything contained in section 54g, where the capital gain arises from the transfer of a capital asset, being machinery or plant or building or land or any rights in building or land used for the purposes of the business of an industrial undertaking situate in an urban area, effected in the course of, or in consequence of the shifting of such industrial undertaking to any special economic zone, whether developed in any urban area or any other area and the assessee has within a period of one year before or three years after the date on which the transfer took place,— exemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area to any special economic zoneexplanation—in this sub-section,—28 of 2005(a) "special economic zone" shall have the meaning assigned to it in clause (za)of the special economic zones act, 2005; ———— extracts from the indian institutes of management act, 2017 (33 of 2017) 3 in this act, unless the context otherwise requires, -definitions (f) "director", means the director of the institute appointed under sub-section (2)of section 16; ordinances how made36 (1) save as otherwise provided in this section, ordinance shall be made by the academic council lok sabha———— a billto repeal certain enactments and to amend certain other enactments————mgipmrnd—1884ls(s3)—22072019

Parliament_bills

8086ff23-a1ad-5461-839f-22cc9d20b203

bill no 104 of 2021 the insolvency and bankruptcy code (amendment) bill, 2021 a bill further to amend the insolvency and bankruptcy code, 2016be it enacted by parliament in the seventy-second year of the republic of india as follows:—short title and commencement31 of 2016amendment of section 42 in the insolvency and bankruptcy code, 2016 (hereinafter referred to as the principal act), in section 4, after the proviso, the following proviso shall be inserted, namely:—5 "provided further that the central government may, by notification, specify such minimum amount of default of higher value, which shall not be more than one crore rupees, for matters relating to the pre-packaged insolvency resolution process of corporate debtors under chapter iii-a" 3 in section 5 of the principal act,—amendment of section 5(i) after clause (2), the following clause shall be inserted, namely:—10'(2a) "base resolution plan" means a resolution plan provided by the corporate debtor under clause (c) of sub-section (4) of section 54a;';(ii) in clause (5), in sub-clause (b), after the words "corporate insolvency resolution process", the words "or the pre-packaged insolvency resolution process, as the case may be," shall be inserted;15(iii) in clause (11), after the words "corporate insolvency resolution process", the words "or pre-packaged insolvency resolution process, as the case may be" shall be inserted;20(iv) in clause (15), after the words "process period", the words "or by the corporate debtor during the pre-packaged insolvency resolution process period, as the case may be" shall be inserted;(v) in clause (19), after the words "for the purposes of", the words and figures "chapter vi and" shall be inserted;(vi) after clause (23), the following clauses shall be inserted, namely:—25'(23a) "preliminary information memorandum" means a memorandum submitted by the corporate debtor under clause (b) of sub-section (1) of section 54g;(23b) "pre-packaged insolvency commencement date" means the date of admission of an application for initiating the pre-packaged insolvency resolution process by the adjudicating authority under clause (a) of sub-section (4) of section 54c;30(23c) "pre-packaged insolvency resolution process costs" means—(a) the amount of any interim finance and the costs incurred in raising such finance;35(b) the fees payable to any person acting as a resolutionprofessional and any expenses incurred by him for conducting the pre-packaged insolvency resolution process during the pre-packaged insolvency resolution process period, subject to sub-section (6) ofsection 54f;40(c) any costs incurred by the resolution professional in runningthe business of the corporate debtor as a going concern pursuant to an order under sub-section (2) of section 54j;(d) any costs incurred at the expense of the government tofacilitate the pre-packaged insolvency resolution process; and(e) any other costs as may be specified;45(23d) "pre-packaged insolvency resolution process period" means the period beginning from the pre-packaged insolvency commencement date and ending on the date on which an order under sub-section (1) of section 54l, or sub-section (1) of section 54n, or sub-section (2) of section 54-o, as the case may be, is passed by the adjudicating authority;';5(vii) in clause (25), after the words, brackets and figures "of sub-section (2) of section 25", the words, figures and letter "or pursuant to section 54k, as the case may be," shall be inserted;(viii) in clause (27), after the words "corporate insolvency resolution process", the words "or the pre-packaged insolvency resolution process, as the case may be," shall be inserted104 in section 11 of the principal act,—amendment of section 11(i) in clause (a), after the words "corporate insolvency resolution process", the words "or a pre-packaged insolvency resolution process" shall be inserted;(ii) after clause (a), the following clause shall be inserted, namely:—"(aa) a financial creditor or an operational creditor of a corporate debtor undergoing a pre-packaged insolvency resolution process; or";15(iii) after clause (b), the following clause shall be inserted, namely:—"(ba) a corporate debtor in respect of whom a resolution plan has been approved under chapter iii-a, twelve months preceding the date of making of the application; or"205 after section 11 of the principal act, the following section shall be inserted, namely:—insertion of new section 11a25"11a (1) where an application filed under section 54c is pending, the adjudicating authority shall pass an order to admit or reject such application, before considering any application filed under section 7 or section 9 or section 10 during the pendency of such application under section 54c, in respect of the same corporate debtordisposal of applications under section 54c and under section 7 or section 9 or section 1030(2) where an application under section 54c is filed within fourteen days of filing of any application under section 7 or section 9 or section 10, which is pending, in respect of the same corporate debtor, then, notwithstanding anything contained in sections 7, 9 and 10, the adjudicating authority shall first dispose of the application under section 54c(3) where an application under section 54c is filed after fourteen days of the filing of any application under section 7 or section 9 or section 10, in respect of the same corporate debtor, the adjudicating authority shall first dispose of the application under sections 7, 9 or 1035(4) the provisions of this section shall not apply where an application under section 7 or section 9 or section 10 is filed and pending as on the date of the commencement of the insolvency and bankruptcy code (amendment) act, 2021"amendment of section 33406 in section 33 of the principal act, in sub-section (3), after the words "approved by the adjudicating authority", the words, figures, brackets and letter "under section 31 or under sub-section (1) of section 54l," shall be insertedamendment of section 347 in section 34 of the principal act, in sub-section (1), after the words and figures"under chapter ii", the words, figures and letter "or for the pre-packaged insolvency resolution process under chapter iii-a" shall be inserted8 after chapter iii of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter iii-a 'chapter iii-a pre-packaged insolvency resolution process527 of 200654a(1) an application for initiating pre-packaged insolvency resolution process may be made in respect of a corporate debtor classified as a micro, small or medium enterprise under sub-section (1) of section 7 of the micro, small and medium enterprises development act, 2006corporate debtors eligible for pre-packaged insolvency resolution process10(2) without prejudice to sub-section (1), an application for initiating prepackaged insolvency resolution process may be made in respect of a corporate debtor, who commits a default referred to in section 4, subject to the following conditions, that—15(a) it has not undergone pre-packaged insolvency resolution process or completed corporate insolvency resolution process, as the case may be, during the period of three years preceding the initiation date;(b) it is not undergoing a corporate insolvency resolution process; (c) no order requiring it to be liquidated is passed under section 33; (d) it is eligible to submit a resolution plan under section 29a;2025(e) the financial creditors of the corporate debtor, not being its related parties, representing such number and in such manner as may be specified, have proposed the name of the insolvency professional to be appointed as resolution professional for conducting the pre-packaged insolvency resolution process of the corporate debtor, and the financial creditors of the corporate debtor, not being its related parties, representing not less than sixty-six per cent in value of the financial debt due to such creditors, have approved such proposal in such form as may be specified: provided that where a corporate debtor does not have any financial creditors, not being its related parties, the proposal and approval under this clause shall be provided by such persons as may be specified;30(f) the majority of the directors or partners of the corporate debtor, as the case may be, have made a declaration, in such form as may be specified, stating, inter alia, that—35(i) the corporate debtor shall file an application for initiating pre-packaged insolvency resolution process within a definite time period not exceeding ninety days;(ii) the pre-packaged insolvency resolution process is not being initiated to defraud any person; and(iii) the name of the insolvency professional proposed andapproved to be appointed as resolution professional under clause (e);40(g) the members of the corporate debtor have passed a special resolution, or at least three-fourth of the total number of partners, as the case may be, of the corporate debtor have passed a resolution, approving the filing of an application for initiating pre-packaged insolvency resolution process45(3) the corporate debtor shall obtain an approval from its financial creditors, not being its related parties, representing not less than sixty-six per cent in value of the financial debt due to such creditors, for the filing of an application for initiating pre-packaged insolvency resolution process, in such form as may be specified:provided that where a corporate debtor does not have any financial creditors, not being its related parties, the approval under this sub-section shall be provided by such persons as may be specified(4) prior to seeking approval from financial creditors under sub-section (3), the corporate debtor shall provide such financial creditors with—5(a) the declaration referred to in clause (f) of sub-section (2);(b) the special resolution or resolution referred to in clause (g) of sub-section (2);10(c) a base resolution plan which conforms to the requirements referred to in section 54k, and such other conditions as may be specified; and(d) such other information and documents as may be specified54b (1) the insolvency professional, proposed to be appointed as the resolution professional, shall have the following duties commencing from the date of the approval under clause (e) of sub-section (2) of section 54a, namely:—15duties of insolvency professional before initiation of pre-packaged insolvency resolution process(a) prepare a report in such form as may be specified, confirming whether the corporate debtor meets the requirements of section 54a, and the base resolution plan conforms to the requirements referred to in clause (c) of sub-section (4) of section 54a;(b) file such reports and other documents, with the board, as may be specified; and20(c) perform such other duties as may be specified(2) the duties of the insolvency professional under sub-section (1) shall cease, if,—25(a) the corporate debtor fails to file an application for initiating pre-packaged insolvency resolution process within the time period as stated under the declaration referred to in clause (f) of sub-section (2) of section 54a; or(b) the application for initiating pre-packaged insolvency resolution process is admitted or rejected by the adjudicating authority,30as the case may be(3) the fees payable to the insolvency professional in relation to the duties performed under sub-section (1) shall be determined and borne in such manner as may be specified and such fees shall form part of the pre-packaged insolvency resolution process costs, if the application for initiation of pre-packaged insolvency resolution process is admitted3554c (1) where a corporate debtor meets the requirements of section 54a, a corporate applicant thereof may file an application with the adjudicating authority for initiating pre-packaged insolvency resolution processapplication to initiate pre-packaged insolvency resolution process40(2) the application under sub-section (1) shall be filed in such form, containing such particulars, in such manner and accompanied with such fee as may be prescribed(3) the corporate applicant shall, along with the application, furnish—(a) the declaration, special resolution or resolution, as the case may be, and the approval of financial creditors for initiating pre-packaged insolvency resolution process in terms of section 54a;5(b) the name and written consent, in such form as may be specified, of the insolvency professional proposed to be appointed as resolution professional, as approved under clause (e) of sub-section (2) of section 54a, and his report as referred to in clause (a) of sub-section (1) of section 54b;(c) a declaration regarding the existence of any transactions of the corporate debtor that may be within the scope of provisions in respect of avoidance of transactions under chapter iii or fraudulent or wrongful trading under chapter vi, in such form as may be specified;10(d) information relating to books of account of the corporate debtor and such other documents relating to such period as may be specified (4) the adjudicating authority shall, within a period of fourteen days of the receipt of the application, by an order,—(a) admit the application, if it is complete; or15(b) reject the application, if it is incomplete:provided that the adjudicating authority shall, before rejecting an application, give notice to the applicant to rectify the defect in the application within seven days from the date of receipt of such notice from the adjudicating authority20(5) the pre-packaged insolvency resolution process shall commence from the date of admission of the application under clause (a) of sub-section (4)54d (1) the pre-packaged insolvency resolution process shall be completed within a period of one hundred and twenty days from the pre-packaged insolvency commencement date25time-limit for completion of pre-packaged insolvency resolution process(2) without prejudice to sub-section (1), the resolution professional shall submit the resolution plan, as approved by the committee of creditors, to the adjudicating authority under sub-section (4) or sub-section (12), as the case may be, of section 54k, within a period of ninety days from the pre-packaged insolvency commencement date30(3) where no resolution plan is approved by the committee of creditors within the time period referred to in sub-section (2), the resolution professional shall, on the day after the expiry of such time period, file an application with the adjudicating authority for termination of the pre-packaged insolvency resolution process in such form and manner as may be specified3554e (1) the adjudicating authority shall, on the pre-packaged insolvency commencement date, along with the order of admission under section 54c—(a) declare a moratorium for the purposes referred to in sub-section (1)read with sub-section (3) of section 14, which shall, mutatis mutandis apply, to the proceedings under this chapter;(b) appoint a resolution professional—40declaration of moratorium and public announcement during prepackaged insolvency resolution process(i) as named in the application, if no disciplinary proceeding is pending against him; or;45(ii) based on the recommendation made by the board, if any disciplinary proceeding is pending against the insolvency professional named in the application; (c) cause a public announcement of the initiation of the pre-packaged insolvency resolution process to be made by the resolution professional, in such form and manner as may be specified, immediately after his appointment(2) the order of moratorium shall have effect from the date of such order till the date on which the pre-packaged insolvency resolution process period comes to an end554f (1) the resolution professional shall conduct the pre-packaged insolvency resolution process of a corporate debtor during the pre-packaged insolvency resolution process period(2) the resolution professional shall perform the following duties, namely:—(a) confirm the list of claims submitted by the corporate debtor undersection 54g, in such manner as may be specified;duties and powers of resolution professional during prepackaged insolvency resolution process10(b) inform creditors regarding their claims as confirmed underclause (a), in such manner as may be specified;(c) maintain an updated list of claims, in such manner as may bespecified;(d) monitor management of the affairs of the corporate debtor;15(e) inform the committee of creditors in the event of breach of any ofthe obligations of the board of directors or partners, as the case may be, of the corporate debtor, under the provisions of this chapter and the rules and regulations made thereunder;(f) constitute the committee of creditors and convene and attend all itsmeetings;20(g) prepare the information memorandum on the basis of thepreliminary information memorandum submitted under section 54g and any other relevant information, in such form and manner as may be specified;25(h) file applications for avoidance of transactions under chapter iii orfraudulent or wrongful trading under chapter vi, if any; and(i) such other duties as may be specified(3) the resolution professional shall exercise the following powers, namely:—(a) access all books of account, records and information availablewith the corporate debtor;30(b) access the electronic records of the corporate debtor from aninformation utility having financial information of the corporate debtor;(c) access the books of account, records and other relevant documentsof the corporate debtor available with government authorities, statutory auditors, accountants and such other persons as may be specified;35(d) attend meetings of members, board of directors and committee ofdirectors, or partners, as the case may be, of the corporate debtor;(e) appoint accountants, legal or other professionals in such manneras may be specified;40(f) collect all information relating to the assets, finances and operationsof the corporate debtor for determining the financial position of the corporate debtor and the existence of any transactions that may be within the scope of provisions relating to avoidance of transactions under chapter iii or fraudulent or wrongful trading under chapter vi, including information relating to—45(i) business operations for the previous two years from the dateof pre-packaged insolvency commencement date;(ii) financial and operational payments for the previous two years from the date of pre-packaged insolvency commencement date;(iii) list of assets and liabilities as on the initiation date; and(iv) such other matters as may be specified;5(g) take such other actions in such manner as may be specified(4) from the date of appointment of the resolution professional, the financial institutions maintaining accounts of the corporate debtor shall furnish all information relating to the corporate debtor available with them to the resolution professional, as and when required by him10 15(5) the personnel of the corporate debtor, its promoters and any other person associated with the management of the corporate debtor shall extend all assistance and cooperation to the resolution professional as may be required by him to perform his duties and exercise his powers, and for such purposes, the provisions of sub-sections (2) and (3) of section 19 shall, mutatis mutandis apply, in relation to the proceedings under this chapter(6) the fees of the resolution professional and any expenses incurred by him for conducting the pre-packaged insolvency resolution process shall be determined in such manner as may be specified:20provided that the committee of creditors may impose limits and conditions on such fees and expenses:provided further that the fees and expenses for the period prior to the constitution of the committee of creditors shall be subject to ratification by it(7) the fees and expenses referred to in sub-section (6) shall be borne in such manner as may be specified2554g (1) the corporate debtor shall, within two days of the pre-packaged insolvency commencement date, submit to the resolution professional the following information, updated as on that date, in such form and manner as may be specified, namely:—list of claims and preliminary information memorandum30(a) a list of claims, along with details of the respective creditors, their security interests and guarantees, if any; and(b) a preliminary information memorandum containing information relevant for formulating a resolution plan35(2) where any person has sustained any loss or damage as a consequence of the omission of any material information or inclusion of any misleading information in the list of claims or the preliminary information memorandum submitted by the corporate debtor, every person who—(a) is a promoter or director or partner of the corporate debtor, as the case may be, at the time of submission of the list of claims or the preliminary information memorandum by the corporate debtor; or40(b) has authorised the submission of the list of claims or the preliminary information memorandum by the corporate debtor, shall, without prejudice to section 77a, be liable to pay compensation to every person who has sustained such loss or damage45(3) no person shall be liable under sub-section (2), if the list of claims or the preliminary information memorandum was submitted by the corporate debtor without his knowledge or consent(4) subject to section 54e, any person, who sustained any loss or damage as a consequence of omission of material information or inclusion of any misleading information in the list of claims or the preliminary information memorandum shall be entitled to move a court having jurisdiction for seeking compensation for such loss or damage554h during the pre-packaged insolvency resolution process period,—management of affairs of corporate debtor(a) the management of the affairs of the corporate debtor shall continue to vest in the board of directors or the partners, as the case may be, of the corporate debtor, subject to such conditions as may be specified;10(b) the board of directors or the partners, as the case may be, of the corporate debtor, shall make every endeavour to protect and preserve the value of the property of the corporate debtor, and manage its operations as a going concern; and15(c) the promoters, members, personnel and partners, as the case may be, of the corporate debtor, shall exercise and discharge their contractual or statutory rights and obligations in relation to the corporate debtor, subject to the provisions of this chapter and such other conditions and restrictions as may be prescribedcommittee of creditors2054-i (1) the resolution professional shall, within seven days of the pre-packaged insolvency commencement date, constitute a committee of creditors, based on the list of claims confirmed under clause (a) of sub-section (2) of section 54f:25provided that the composition of the committee of creditors shall be altered on the basis of the updated list of claims, in such manner as may be specified, and any such alteration shall not affect the validity of any past decision of the committee of creditors(2) the first meeting of the committee of creditors shall be held within seven days of the constitution of the committee of creditors(3) the provisions of section 21, except sub-section (1) thereof, shall, mutatis mutandis apply, in relation to the committee of creditors under this chapter:30 provided that for the purposes of this sub-section, references to "resolution professional" under sub-sections (9) and (10) of section 21, shall be construed as references to "corporate debtor or the resolution professional"35vesting management of corporate debtor with resolution professional54j (1) where the committee of creditors, at any time during the pre-packaged insolvency resolution process period, by a vote of not less than sixty-six per cent of the voting shares, resolves to vest the management of the corporate debtor with the resolution professional, the resolution professional shall make an application for this purpose to the adjudicating authority, in such form and manner as may be specified40(2) on an application made under sub-section (1), if the adjudicating authority is of the opinion that during the pre-packaged insolvency resolution process—(a) the affairs of the corporate debtor have been conducted in a fraudulent manner; or45(b) there has been gross mismanagement of the affairs of the corporatedebtor,it shall pass an order vesting the management of the corporate debtor with the resolution professional(3) notwithstanding anything to the contrary contained in this chapter, the provisions of—(a) sub-sections (2) and (2a) of section 14; (b) section 17;5(c) clauses (e) to (g) of section 18;(d) sections 19 and 20; (e) sub-section (1) of section 25;(f) clauses (a) to (c) and clause (k) of sub-section (2) of section 25; and(g) section 28,10shall, mutatis mutandis apply, to the proceedings under this chapter, from the date of the order under sub-section (2), until the pre-packaged insolvency resolution process period comes to an end1554k (1) the corporate debtor shall submit the base resolution plan, referred to in clause (c) of sub-section (4) of section 54a, to the resolution professional within two days of the pre-packaged insolvency commencement date, and the resolution professional shall present it to the committee of creditors20(2) the committee of creditors may provide the corporate debtor an opportunity to revise the base resolution plan prior to its approval under sub-section (4) or invitation of prospective resolution applicants under sub-section (5), as the case may be(3) the resolution plans and the base resolution plan, submitted under this section shall conform to the requirements referred to in sub-sections (1) and (2) of section 30, and the provisions of sub-sections (1), (2) and (5) of section 30 shall, mutatis mutandis apply, to the proceedings under this chapter25(4) the committee of creditors may approve the base resolution plan for submission to the adjudicating authority if it does not impair any claims owed by the corporate debtor to the operational creditors(5) where—(a) the committee of creditors does not approve the base resolution plan under sub-section (4); or30(b) the base resolution plan impairs any claims owed by the corporate debtor to the operational creditors, the resolution professional shall invite prospective resolution applicants to submit a resolution plan or plans, to compete with the base resolution plan, in such manner as may be specified3540(6) the resolution applicants submitting resolution plans pursuant to invitation under sub-section (5), shall fulfil such criteria as may be laid down by the resolution professional with the approval of the committee of creditors, having regard to the complexity and scale of operations of the business of the corporate debtor and such other conditions as may be specified(7) the resolution professional shall provide to the resolution applicants,—(a) the basis for evaluation of resolution plans for the purposes of sub-section (9), as approved by the committee of creditors subject to such conditions as may be specified; and(b) the relevant information referred to in section 29, which shall, mutatis mutandis apply, to the proceedings under this chapter, in such manner as may be specified5(8) the resolution professional shall present to the committee of creditors, for its evaluation, resolution plans which conform to the requirements referred to in sub-section (2) of section 30(9) the committee of creditors shall evaluate the resolution plans presented by the resolution professional and select a resolution plan from amongst them10(10) where, on the basis of such criteria as may be laid down by it, the committee of creditors decides that the resolution plan selected under sub-section (9) is significantly better than the base resolution plan, such resolution plan may be selected for approval under sub-section (12): provided that the criteria laid down by the committee of creditors under this sub-section shall be subject to such conditions as may be specified15(11) where the resolution plan selected under sub-section (9) is not considered for approval or does not fulfil the requirements of sub-section (10), it shall compete with the base resolution plan, in such manner and subject to such conditions as may be specified, and one of them shall be selected for approval under sub-section (12)20(12) the resolution plan selected for approval under sub-section (10) or sub-section (11), as the case may be, may be approved by the committee of creditors for submission to the adjudicating authority:25provided that where the resolution plan selected for approval under sub-section (11) is not approved by the committee of creditors, the resolution professional shall file an application for termination of the pre-packaged insolvency resolution process in such form and manner as may be specified30(13) the approval of the resolution plan under sub-section (4) or sub-section (12), as the case may be, by the committee of creditors, shall be by a vote of not less than sixty-six per cent of the voting shares, after considering its feasibility and viability, the manner of distribution proposed, taking into account the order of priority amongst creditors as laid down in sub-section (1) of section 53, including the priority and value of the security interest of a secured creditor and such other requirements as may be specified35(14) while considering the feasibility and viability of a resolution plan, where the resolution plan submitted by the corporate debtor provides for impairment of any claims owed by the corporate debtor, the committee of creditors may require the promoters of the corporate debtor to dilute their shareholding or voting or control rights in the corporate debtor:40 provided that where the resolution plan does not provide for such dilution, the committee of creditors shall, prior to the approval of such resolution plan under sub-section (4) or sub-section (12), as the case may be, record reasons for its approval45(15) the resolution professional shall submit the resolution plan as approved by the committee of creditors under sub-section (4) or sub-section (12), as the case may be, to the adjudicating authorityexplanation i—for the removal of doubts, it is hereby clarified that, the corporate debtor being a resolution applicant under clause (25) of section 5, may submit the base resolution plan either individually or jointly with any other personexplanation ii—for the purposes of sub-sections (4) and (14), claims shall be considered to be impaired where the resolution plan does not provide for the full payment of the confirmed claims as per the updated list of claims maintained by the resolution professional5approval of resolution plan1054l (1) if the adjudicating authority is satisfied that the resolution plan as approved by the committee of creditors under sub-section (4) or sub-section (12), as the case may be of section 54k, subject to the conditions provided therein, meets the requirements as referred to in sub-section (2) of section 30, it shall, within thirty days of the receipt of such resolution plan, by order, approve the resolution plan: provided that the adjudicating authority shall, before passing an order for approval of a resolution plan under this sub-section, satisfy itself that the resolution plan has provisions for its effective implementation15(2) the order of approval under sub-section (1) shall have such effect as provided under sub-sections (1), (3) and (4) of section 31, which shall, mutatis mutandis apply, to the proceedings under this chapter20(3) where the adjudicating authority is satisfied that the resolution plan does not conform to the requirements referred to in sub-section (1), it may, within thirty days of the receipt of such resolution plan, by an order, reject the resolution plan and pass an order under section 54n25(4) notwithstanding anything to the contrary contained in this section, where the adjudicating authority has passed an order under sub-section (2) of section 54j and the resolution plan approved by the committee of creditors under sub-section (4) or sub-section (12), as the case may be of section 54k, does not result in the change in the management or control of the corporate debtor to a person who was not a promoter or in the management or control of the corporate debtor, the adjudicating authority shall pass an order—(a) rejecting such resolution plan;30(b) terminating the pre-packaged insolvency resolution process and passing a liquidation order in respect of the corporate debtor as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1) of section 33; and(c) declaring that the pre-packaged insolvency resolution process costs, if any, shall be included as part of the liquidation costs for the purposes of liquidation of the corporate debtor35appeal against order under section 54l54m any appeal against an order approving the resolution plan under sub-section (1) of section 54l, shall be on the grounds laid down in sub-section (3) of section 614054n (1) where the resolution professional files an application with the adjudicating authority,—(a) under the proviso to sub-section (12) of section 54k; or termination of prepackaged insolvency resolution process(b) under sub-section (3) of section 54d, the adjudicating authority shall, within thirty days of the date of such application, by an order, —(i) terminate the pre-packaged insolvency resolution process; and45(ii) provide for the manner of continuation of proceedings initiatedfor avoidance of transactions under chapter iii or proceedings initiated under section 66 and section 67a, if any5(2) where the resolution professional, at any time after the pre-packaged insolvency commencement date, but before the approval of resolution plan under sub-section (4) or sub-section (12), as the case may be of section 54k, intimates the adjudicating authority of the decision of the committee of creditors, approved by a vote of not less than sixty-six per cent of the voting shares, to terminate the pre-packaged insolvency resolution process, the adjudicating authority shall pass an order under sub-section (1)10(3) where the adjudicating authority passes an order under sub-section (1), the corporate debtor shall bear the pre-packaged insolvency resolution process costs, if any15(4) notwithstanding anything to the contrary contained in this section, where the adjudicating authority has passed an order under sub-section (2) of section 54j and the pre-packaged insolvency resolution process is required to be terminated under sub-section (1), the adjudicating authority shall pass an order—20(a) of liquidation in respect of the corporate debtor as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1) of section 33;and(b) declare that the pre-packaged insolvency resolution process costs, if any, shall be included as part of the liquidation costs for the purposes of liquidation of the corporate debtor25initiation of corporate insolvency resolution process3054-o(1) the committee of creditors, at any time after the pre-packaged insolvency commencement date but before the approval of resolution plan under sub-section (4) or sub-section (12), as the case may be of section 54k, by a vote of not less than sixty-six per cent of the voting shares, may resolve to initiate a corporate insolvency resolution process in respect of the corporate debtor, if such corporate debtor is eligible for corporate insolvency resolution process under chapter ii(2) notwithstanding anything to the contrary contained in chapter ii, where the resolution professional intimates the adjudicating authority of the decision of the committee of creditors under sub-section (1), the adjudicating authority shall, within thirty days of the date of such intimation, pass an order to —35(a) terminate the pre-packaged insolvency resolution process andinitiate corporate insolvency resolution process under chapter ii in respect of the corporate debtor;40(b) appoint the resolution professional referred to in clause (b) ofsub-section (1) of section 54e as the interim resolution professional, subject to submission of written consent by such resolution professional to the adjudicating authority in such form as may be specified; and45(c) declare that the pre-packaged insolvency resolution process costs,if any, shall be included as part of insolvency resolution process costs for the purposes of the corporate insolvency resolution process of the corporate debtor(3) where the resolution professional fails to submit written consent under clause (b) of sub-section (2), the adjudicating authority shall appoint an interim resolution professional by making a reference to the board for recommendation, in the manner as provided under section 16(4) where the adjudicating authority passes an order under sub-section (2)—(a) such order shall be deemed to be an order of admission of an application under section 7 and shall have the same effect;5(b) the corporate insolvency resolution process shall commence from the date of such order;(c) the proceedings initiated for avoidance of transactions under chapter iii or proceedings initiated under section 66 and section 67a, if any, shall continue during the corporate insolvency resolution process;10(d) for the purposes of sections 43, 46 and 50, references to "insolvency commencement date" shall mean "pre-packaged insolvency commencement date"; and15(e) in computing the relevant time or the period for avoidable transactions, the time-period for the duration of the pre-packaged insolvency resolution process shall also be included, notwithstanding anything to the contrary contained in sections 43, 46 and 502054p (1) save as provided under this chapter, the provisions of sections 24,25a, 26, 27, 28, 29a, 32a, 43 to 51, and the provisions of chapters vi and vii of this part shall, mutatis mutandis apply, to the pre-packaged insolvency resolution process, subject to the following, namely:—application of provisions of chapters ii, iii, vi and vii to this chapter25(a) reference to "members of the suspended board of directors or the partners" under clause (b) of sub-section (3) of section 24 shall be construed as reference to "members of the board of directors or the partners, unless an order has been passed by the adjudicating authority under section 54j";(b) reference to "clause (j) of sub-section (2) of section 25" under section 26 shall be construed as reference to "clause (h) of sub-section (2)of section 54f";30(c) reference to "section 16" under section 27 shall be construed as reference to "section 54e";(d) reference to "resolution professional" in sub-sections (1) and (4)of section 28 shall be construed as "corporate debtor";(e) reference to "section 31" under sub-section (3) of section 61 shall be construed as reference to "sub-section (1) of section 54l";35(f) reference to "section 14" in sub-sections (1) and (2) of section 74shall be construed as reference to "clause (a) of sub-section (1) of section 54e";(g) reference to "section 31" in sub-section (3) of section 74 shall be construed as reference to "sub-section (1) of section 54l"40(2) without prejudice to the provisions of this chapter and unless the context otherwise requires, where the provisions of chapters ii, iii, vi and vii are applied to the proceedings under this chapter, references to—(a) "insolvency commencement date" shall be construed as references to "pre-packaged insolvency commencement date";45(b) "resolution professional" or "interim resolution professional", as the case may be, shall be construed as references to the resolution professional appointed under this chapter;(c) "corporate insolvency resolution process" shall be construed as references to "pre-packaged insolvency resolution process"; and(d) "insolvency resolution process period" shall be construed as references to "pre-packaged insolvency resolution process period"'amendment of section 619 in section 61 of the principal act, for sub-section (4), the following sub-sections shall be substituted, namely:—5"(4) an appeal against a liquidation order passed under section 33, orsub-section (4) of section 54l, or sub-section (4) of section 54n, may be filed ongrounds of material irregularity or fraud committed in relation to such a liquidation order10(5) an appeal against an order for initiation of corporate insolvencyresolution process passed under sub-section (2) of section 54-o, may be filed on grounds of material irregularity or fraud committed in relation to such an order" amendment of section 6510 in section 65 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:—"(3) if any person initiates the pre-packaged insolvency resolution process—15(a) fraudulently or with malicious intent for any purpose other thanfor the resolution of insolvency; or(b) with the intent to defraud any person,the adjudicating authority may impose upon such person a penalty which shall not be less than one lakh rupees, but may extend to one crore rupees"2011 after section 67 of the principal act, the following section shall be inserted, namely:—insertion of new section 67a25"67a on and after the pre-packaged insolvency commencement date, where an officer of the corporate debtor manages its affairs with the intent to defraud creditors of the corporate debtor or for any fraudulent purpose, the adjudicating authority may, on an application by the resolution professional, pass an order imposing upon any such officer, a penalty which shall not be less than one lakh rupees, but may extend to one crore rupees"fraudulent management of corporate debtor during pre-packaged insolvency resolution process12 in section 77 of the principal act, the explanation shall be omittedomission of explanation to section 773013 after section 77 of the principal act, the following section shall be inserted, namely:—insertion of new section 77a"77a (1) where—(a) a corporate debtor provides any information in the application under section 54c which is false in material particulars, knowing it to be false or omits any material fact, knowing it to be material; orpunishment for offences related to prepackaged insolvency resolution process35(b) a corporate debtor provides any information in the list ofclaims or the preliminary information memorandum submitted under sub-section (1) of section 54g which is false in material particulars,knowing it to be false or omits any material fact, knowing it to be material; or40(c) any person who knowingly and wilfully authorised orpermitted the furnishing of such information under sub-clauses (a)and (b),such corporate debtor or person, as the case may be, shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to five years or with fine which shall not be less than one lakh rupees, but which may extend to one crore rupees, or with both5(2) if a director or partner of the corporate debtor, as the case may be, deliberately contravenes the provisions of chapter iii-a, such person shall be punishable with imprisonment for not less than three years, but which may extend to five years, or with fine which shall not be less than one lakh rupees, but which may extend to one crore rupees, or with both10explanation—for the purposes of this section and sections 75, 76 and 77, an application shall be deemed to be false in material particulars in case the facts mentioned or omitted in the application, if true, or not omitted from the application, as the case may be, would have been sufficient to determine the existence of a default under this code" 14 in section 208 of the principal act,—amendment of section 208(i) after clause (c), the following clause shall be inserted, namely:—15"(ca) pre-packaged insolvency resolution process under chapter iii-aof part ii;"; (ii) after sub-section (1), the following sub-section shall be inserted, namely:—20"(1a) where the name of the insolvency professional proposed to be appointed as a resolution professional, is approved under clause (e) of sub-section (2) of section 54a, it shall be the function of such insolvency professional to take such actions as may be necessary to perform his functions and duties prior to the initiation of the pre-packaged insolvency resolution process under chapter iii-a of part ii"2515 in section 239 of the principal act, in sub-section (2), after clause (fc), the following clauses shall be inserted, namely:—amendment of section 239"(fd) the form, particulars, manner and fee for making application before the adjudicating authority under sub-section (2) of section 54c;30(fe) the conditions and restrictions with which the promoters, members, personnel and partners of the corporate debtor shall exercise and discharge contractual or statutory rights and obligations under clause (c) of section 54h;" 16 in section 240 of the principal act, in sub-section (2),—amendment of section 240(i) after clause (e), the following clause shall be inserted, namely:—35"(ea) the other costs under sub-clause (e) of clause (23c) of section 5;"; (ii) after clause (zk), the following clauses shall be inserted, namely:—40"(zka) such number of financial creditors and the manner of proposing the insolvency professional, and the form for approving such insolvency professional by the financial creditors under clause (e), the persons who shall provide approval under the proviso to clause (e), the form for making a declaration under clause (f) of sub-section (2) of section 54a;(zkb) the form for obtaining approval from financial creditors under sub-section (3), and the persons who shall provide approval under the proviso to sub-section (3) of section 54a;45(zkc) the other conditions for the base resolution plan under clause (c), and such information and documents under clause (d) of sub-section (4) of section 54a;(zkd) the form in which the report is to be prepared under clause (a), such reports and other documents under clause (b), and such other duties under clause (c) of sub-section (1), and the manner of determining and bearing the fees in sub-section (3) of section 54b;5(zke) the form for providing written consent of the insolvencyprofessional under clause (b), the form for declaration under clause (c), the information relating to books of account and such other documents relating to such period under clause (d) of sub-section (3) of section 54c;10(zkf) the form and manner for making application for termination ofthe pre-packaged insolvency resolution process under sub-section (3) of section 54d;(zkg) the form and manner of making public announcement underclause (c) of sub-section (1) of section 54e;15(zkh) the manner of confirming the list of claims under clause (a), themanner of informing creditors under clause (b), the manner of maintaining an updated list of claims under clause (c), the form and manner of preparing the information memorandum under clause (g), and such other duties underclause (i) of sub-section (2) of section 54f;20(zki) such other persons under clause (c), the manner of appointingaccountants, legal or other professionals under clause (e), such other mattersunder sub-clause (iv) of clause (f) and the manner of taking other actionsunder clause (g) of sub-section (3) of section 54f;25(zkj) the manner of determination of fees and expenses asmay be incurred by the resolution professional under sub-section (6) of section 54f;(zkk) the manner of bearing fees and expenses under sub-section (7)of section 54f;(zkl) the form and manner of list of claims and preliminary informationmemorandum under sub-section (1) of section 54g;(zkm) the conditions under clause (a) of section 54h;30(zkn) the manner of alteration of the composition of the committee ofcreditors under the proviso to sub-section (1) of section 54-i;(zko) the form and manner of making application under sub-section (1)of section 54j;35(zkp) the manner of inviting prospective resolution applicants undersub-section (5) of section 54k;(zkq) the other conditions under sub-section (6) of section 54k;(zkr) the conditions under clause (a) and the manner of providing thebasis for evaluation of resolution plans and the information referred to in section 29 under sub-section (7) of section 54k;40(zks) the conditions under the proviso to sub-section (10) ofsection 54k;(zkt) the manner and conditions under sub-section (11) ofsection 54k;45(zku) the form and manner of filing application under the proviso tosub-section (12) of section 54k;(zkv) the other requirements under sub-section (13) of section 54k;(zkw) the form for submission of written consent under clause (b) of sub-section (2) of section 54-o;"5amendment of section 240a17 in section 240a of the principal act, in sub-section (1), after the words"corporate insolvency resolution process", the words "or pre-packaged insolvency resolution process" shall be insertedrepeal and savingsord 3 of 202118 (1) the insolvency and bankruptcy code (amendment) ordinance, 2021 ishereby repealed10(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the provisions of this act statement of objects and reasonsthe insolvency and bankruptcy code, 2016, was enacted to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms, individuals and to achieve the desired objectives under it the code was amended in the past to deal with the emerging market realities and to achieve certainty to the various processes under the law2 covid-19 pandemic has impacted businesses, financial markets and economies all over the world, including india the government has been taking several measures to mitigate the distress caused by the pandemic, inter alia, increasing the minimum amount of default to one crore rupees for initiation of corporate insolvency resolution process and suspension of filing of corporate insolvency resolution applications in respect of the defaults arising during the period of one year between 25th march, 2020 and 24th march, 2021 the micro, small and medium enterprises sector is critical to the economy considering their significant contribution to our gross domestic product and generation of employment to a sizeable population it has, therefore, been considered necessary to urgently address the specific requirements of the sector by providing an efficient and alternative framework under the code for quicker, cost-effective insolvency resolution process that is least disruptive to the businesses, ensuring, among other objectives, job preservation 3 in the aforesaid circumstances, it has become necessary to amend the code to provide for pre-packaged insolvency resolution process however, as the parliament was not in session and immediate action was required to be taken, the insolvency and bankruptcy code (amendment) ordinance, 2021, was promulgated by the president on the 4th day of april, 2021 4 the insolvency and bankruptcy code (amendment) bill, 2021, that seeks to replace the ordinance, inter alia, provides for— (a) specifying a minimum threshold of not more than one crore rupees for initiating pre-packaged insolvency resolution process;(b) disposal of simultaneous applications for initiation of corporate insolvency resolution process and pre-packaged insolvency resolution process, pending against the same corporate debtor;(c) inserting a new chapter iii-a containing sections 54a to 54p to facilitate pre-packaged insolvency resolution process for corporate persons that are micro, small and medium enterprises;(d) penalty for fraudulent or malicious initiation of pre-packaged insolvency resolution process or with intent to defraud persons;(e) penalty for fraudulent management of corporate debtor during pre-packaged insolvency resolution process;(f) punishment for offences related to pre-packaged insolvency resolution process; and(g) certain amendments to the relevant provisions, which are consequential in nature 5 the bill seeks to achieve the above objectivesthe 19th july, 2021 memorandum regarding delegated legislationclause 15 of the bill empowers the central government to make rules in respect of the following matters, namely:—(a) the form, particulars, manner and fee for making application before the adjudicating authority under sub-section (2) of section 54c;(b) the conditions and restrictions with which the promoters, members, personnel and partners of the corporate debtor shall exercise and discharge contractual or statutory rights and obligations under clause (c) of section 54h clause 16 of the bill confers power upon the insolvency and bankruptcy board of india to make regulations in respect of the following matters, namely:—(a) the other costs under sub-clause (e) of clause (23c) of section 5;(b) such number of financial creditors and the manner of proposing the insolvency professional, and the form for approving such insolvency professional by the financial creditors under clause (e), the persons who shall provide approval under the proviso to clause (e), the form for making a declaration under clause (f)of sub-section (2) of section 54a;(c) the form for obtaining approval from financial creditors under sub-section (3), and the persons who shall provide approval under the proviso to sub-section (3) of section 54a;(d) the other conditions for the base resolution plan under clause (c), and such information and documents under clause (d) of sub-section (4) of section 54a;(e) the form in which the report is to be prepared under clause (a), such reports and other documents under clause (b), and such other duties under clause (c) of sub-section (1), and the manner of determining the fees under sub-section (3) of section 54b;(f) the form for providing written consent of the insolvency professional under clause (b), the form for declaration under clause (c), the information relating to books of account and such other documents relating to such period under clause (d) of sub-section (3) of section 54c;(g) the form and manner for making application for termination of the pre-packaged insolvency resolution process under sub-section (3) of section 54d;(h) the form and manner of making public announcement under clause (c) of sub-section (1) of section 54e;(i) the manner of confirming the list of claims under clause (a), the manner of informing creditors under clause (b), the manner of maintaining an updated list of claims under clause (c), the form and manner of preparing the information memorandum under clause (g), and such other duties under clause (i) of sub-section (2) of section 54f;(j) such other persons under clause (c), the manner of appointing accountants, legal or other professionals under clause (e), such other matters under sub-clause (iv) of clause (f) and the manner of taking other actions under clause (g) of sub-section (3) of section 54f;(k) the manner of determination of fees and expenses as may be incurred by the resolution professional under sub-section (6) of section 54f;(l) manner of bearing fees and expenses under sub-section (7) of section 54f;(m) the form and manner of list of claims and preliminary information memorandum under sub-section (1) of section 54g;(n) the conditions under clause (a) of section 54h;(o) the manner of alteration of the composition of the committee of creditors under the proviso to sub-section (1) of section 54-i;(p) the form and manner of making application under sub-section (1) of section 54j;(q) the manner of inviting prospective resolution applicants under sub-section (5) of section 54k;(r) other conditions under sub-section (6) of section 54k;(s) the conditions under clause (a) and the manner of providing the basis for evaluation of resolution plans and the information referred to in section 29 under sub-section (7) of section 54k;(t) the conditions under the proviso to sub-section (10) of section 54k;(u) the manner and conditions under sub-section (11) of section 54k;(v) the form and manner of filing application under the proviso to sub-section (12) of section 54k;(w) other requirements under sub-section (13) of section 54k; and(x) the form for submission of written consent under clause (b) of sub-section (2) of section 54-o 2 the matters in respect of which the rules and regulations may be made are matters of procedure and administrative detail, and as such, it is not practical to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character annexureextracts from the insolvency and bankruptcy code, 2016(31 of 2016) part ii insolvency resolution and liquidation for corporate persons chapter i preliminaryapplication of this part4 this part shall apply to matters relating to the insolvency and liquidation of corporate debtors where the minimum amount of the default is one crore rupees: provided that the central government may, by notification, specify the minimum amount of default of higher value which shall not be more than one crore rupees5 in this part, unless the context otherwise requires,—definitions (5) "corporate applicant" means— (b) a member or partner of the corporate debtor who is authorised to make an application for the corporate insolvency resolution process under the constitutional document of the corporate debtor; or (11) "initiation date" means the date on which a financial creditor, corporate applicant or operational creditor, as the case may be, makes an application to the adjudicating authority for initiating corporate insolvency resolution process; (15) "interim finance" means any financial debt raised by the resolution professional during the insolvency resolution process period and such other debt as may be notified; 18 of 2013 6 of 2009(19) "officer" for the purposes of chapter vii of this part, means an officer who is in default, as defined in clause (60) of section 2 of the companies act, 2013 or a designated partner as defined in clause (j) of section 2 of the limited liability partnership act, 2008, as the case may be; (25) "resolution applicant" means a person, who individually or jointly with any other person, submits a resolution plan to the resolution professional pursuant to the invitation made under clause (h) of sub-section (2) of section 25; (27) "resolution professional", for the purposes of this part, means an insolvency professional appointed to conduct the corporate insolvency resolution process and includes an interim resolution professional; and 11 the following persons shall not be entitled to make an application to initiate corporate insolvency resolution process under this chapter, namely:—persons not entitled to make application(a) a corporate debtor undergoing a corporate insolvency resolution process; or chapter iii liquidation process33 (1) initiation of liquidation(3) where the resolution plan approved by the adjudicating authority is contravened by the concerned corporate debtor, any person other than the corporate debtor, whose interests are prejudicially affected by such contravention, may make an application to the adjudicating authority for a liquidation order as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1) appointment of liquidator and fee to be paid34 (1) where the adjudicating authority passes an order for liquidation of the corporate debtor under section 33, the resolution professional appointed for the corporate insolvency resolution process under chapter ii shall, subject to submission of a written consent by the resolution professional to the adjudicatory authority in specified form, shall act as the liquidator for the purposes of liquidation unless replaced by the adjudicating authority under sub-section (4) 61 (1) appeals and appellate authority(4) an appeal against a liquidation order passed under section 33 may be filed on grounds of material irregularity or fraud committed in relation to such a liquidation order 77 where—(a) a corporate debtor provides information in the application under section 10which is false in material particulars, knowing it to be false and omits any material fact, knowing it to be material; orpunishment for providing false information in application made by corporate debtor(b) any person who knowingly and wilfully authorised or permitted the furnishing of such information under sub-clause (a), such corporate debtor or person, as the case may be, shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to five years or with fine which shall not be less than one lakh rupees, but which may extend to one crore rupees, or with bothexplanation—for the purposes of this section and sections 75 and 76, an application shall be deemed to be false in material particulars in case the facts mentioned or omitted in the application, if true, or not omitted from the application as the case may be, would have been sufficient to determine the existence of a default under this code 240a(1) notwithstanding anything to the contrary contained in this code, the provisions of clauses (c) and (h) of section 29a shall not apply to the resolution applicant in respect of corporate insolvency resolution process of any micro, small and medium enterprises application of this code to micro, small and medium enterprises———— a bill further to amend the insolvency and bankruptcy code, 2016————(smt nirmala sitharaman, minister of finance and corporate affairs)mgipmrnd—381ls—20-07-2021

Parliament_bills

07b5d3d7-11ec-5c74-a72a-068f8a6eab76

bill no xxxiv of 2004 the constitution (amendment) bill, 2004 a bill further to amend the constitution of indiabe it enacted by parliament in the fifty-fifth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2004(2) it shall come into force with immediate effectshorte title, and commencement amendment of article 7552 to clause (1) of article 75 of the constitution, the following provisos, shall be added, namely:—10"provided that a person shall be disqualified for being appointed as the prime minister, or a minister if he stands charged by a competent court of law with any criminal offence under any criminal law for the time being in force the conviction on which charge disqualifies a person from being a member of either house of parliament under article 102 of this constitution:provided further that notwithstanding anything in article 74, if the president is satisfied that a minister in the council of ministers stands charged by a competent court of law with any criminal offence under any criminal law for the time being in force, he may drop such a minister from the council of ministers forthwitha m e n d m e n t of article 1643 in article 164 of the constitution, in clause (1) after the existing proviso, the following provisos shall be inserted, namely:—5"provided further that a person shall be disqualified for being appointed as the chief minister, or a minister if he stands charged by a competent court of law with any criminal offence under any criminal law for the time being in force, the conviction on which charge disqualifies a person from being a member of the legislature of a state under article 191 of this constitution:10provided also that notwithstanding anything in article 163 if the governor is satisfied that a minister in the council of ministers stands charged by a competent court of law with any criminal offence under any criminal law for the time being in force, he may drop such a minister from the council of ministers forthwith statement of objects and reasonsthe council of ministers at the union and state levels are the highest executive bodies who run the affairs of the nation it is all the more necessary that in order to provide clean and corruption free administration the ministers should have clean and honest image but, unfortunately, persons with criminal background have recently occupied ministerial posts both at the central and the state levels recently, parliament was rocked by the issue of induction of the tainted ministers in the union council of ministers when it was found that persons who have been chargesheeted in the courts for heinous offences like murders, kidnapping, rape, extortion, etc have been appointed ministers this is the climax of criminalisation of politics hence it has become necessary that if a competent court of law frames a criminal charge against a persons, the person concerned should be disqualified for being a minister till he is acquitted by the court this will uphold the prestige and credibility of the council of ministers and restore the respect for ethical and moral values in our polityhence this billalladi p rajkumar annexure extracts from the constitution of india(part v—the union—arts 75, 76)75 (1) the prime minister shall be appointed by the president and the other ministers shall be appointed by the president on the advice of the prime ministerother provisions as to ministers other provisions as to ministers164 (1) the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor:provided that in the states of bihar, madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work rajya sabha———— a billfurther to amend the constitution of india————(dr alladi p rajkumar, mp)mgipmrnd—5394rs(s-1)—17-02-2006

Parliament_bills

161d894f-3c9f-51cd-a16a-b55426ad28f0

as introduced in the rajya sabhaon the 18th december, 2015 bill no xxxvi of 2015 the victims of acid attack, sexually abused and trafficked girls and women (compensation and rehabilitation) bill, 2015 a billto provide for the rehabilitation measures to be undertaken and payment of adequate compensation by the central and state governments to the victims of acid attacks, sexually abused or raped and trafficked girls and women from weaker sections and tribal and rural areas pushed for working as domestic maids or into flesh trade by the placement agencies, pimps and traffickers and for making it mandatory for the state to bear all costs of treatment including cosmetic and other requisite surgeries for all such victims and for matters connected therewith and incidental theretowhereas various criminal laws for the time being inforce in the country provide for the penalty and criminal procedure to be followed against the accused of acid attack or rape or gangrape or trafficking and pushing girls and women into prostitution and such other offences;and whereas most of such laws are silent on the rehabilitation of the victims, huge amounts required for their treatment including several surgeries including cosmetic surgeries for acid attack victims and the adequate financial assistance to withstand the trauma and lead a respectable life in the society;now therefore, it has become necessary to provide for the compensation and rehabilitation of victims of acid attack, sexually abused and trafficked girls and women by the statebe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the victims of acid attack, sexually abused and trafficked girls and women (compensation and rehabilitation) act, 2015short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effect 2 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government of that state and in other cases the central government;10(b) "fund" means the national abused and attacked girls and women rehabilitation and welfare fund established under section 4;(c) "prescribed" means prescribed by rules made under this act; (d) "sexually abused" means where rape or gangrape is committed on a girl or women, as the case may be;15(e) "trafficking" includes procuring, luring or supplying a girl or women, as the case may be, for forced domestic work or forcing into prostitution or any unlawful and immoral purpose;20(f) words and expressions used and not defined in this act but defined in the indian penal code, 1860, code of criminal procedure, 1973 or the immoral traffic (prevention) act, 1956 shall have the meanings respectively assigned to them in those acts45 of 18602 of 1974104 of19563 (1) the central government shall promote and undertake such measures as it thinks fit and appropriate and take various other rehabilitation and welfare measures for the victims of acid attack, sexually abused and trafficked girls and women throughout the country(2) without prejudice to the generality of the provisions of sub-section (1), the rehabilitation and welfare measures referred to therein may provide for,—25rehabilitation and welfare measures for the victims of acid attack, sexually abused and trafficked girls and women(a) setting up of one stop crisis centres at conspicuous places in different parts of the country for extending necessary help and facilities to girls and women covered under this act, by the police and other agencies;30(b) extending all required medical facilities including surgeries of all kinds irrespective of their numbers for acid attack and rape victims and with all medicines, bandages, and indoor and outdoor facilities till they are fully cured and counselling by specialists to the victims;(c) making ex-gratia payment of not less than rupees five lakh to every victim of acid attack or rape covered under this act;35(d) rehabilitation measures such as employment in government or its organizations through reservation and other means or for making them self employed, through vocational training;(e) such other facilities as may be prescribed;5establishment of nationalabused andattacked girls and womenrehabilitation and welfare fund4 (1) the central government shall, as soon as may be, by notification in the official gazette, establish a rehabilitation and welfare fund to be called the national abused and attacked girls and women rehabilitation and welfare fund for the purposes of this act with initial corpus of rupees thirty thousand crore to be provided by the central government by due appropriation made by law by parliament in this behalf and thereafter the central government and governments of the state shall contribute to the fund to such extent and in such manner as may be prescribed(2) the fund shall also comprise money received from body corporates and financial institutions of both domestic and international ones, individuals and bodies through donations etc10(3) all money received in the fund shall be defrayed for the purposes of this act in such manner as may be prescribedestablishment of shelter homes155 the appropriate government shall establish and run such number of shelter homes as it may deem necessary for the girls and women covered under this act who may opt for living in such shelter homes and such girls and women shall be lodged in these shelter homes with necessary facilities of daily life, as may be prescribed6 the central government shall, after due appropriation made by parliament by law in this behalf, from time to time, provide adequate funds to the governments of the states and to the fund, for carrying out the purposes of this actcentral government to provide funds for the purposes of the act20power to remove difficulty7 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 difficultypower to issue direction25| 8 ||--------------------------------------------------------------------------------------------------|| as may appear to it to be necessary for carrying out excution in the state any of the provisions || of this act or of any rule made thereunder || act to have || overriding || effect |9 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 force3010 the provisions of this act, shall be in addition to and not in derogation of anyother law for the time being applicable to girls and women covered uner this actact to supplement other lawspower to make rules11 the central government may, be notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsof late, it is a matter of serious concern that crimes against girls and women have increased manifold in our country particularly the cases of rapes and gangrapes and acid attacks on the girls and women two years back, the brutual gangrape and killing of nirbhaya had shaken the entire nation after which the law was amended to make it more deterrent but despite that hardly any day goes without reports of rapes and gangrapes being committed in the national capital and rest of the countrythese days the national capital is often referred to as the rape capital the victim of rape feels the trauma of being raped throughout her life and unfortunately most of them do not lead a normal life the society also blames the rape victims and they remain unmarried and if rape is committed on a married woman she is normally disowned by her husband and inlaws in this backdrop of backlash, many rape victims take the extreme step of committing suicide which ultimately help the accused here counselling, financial assistance and rehabilitation becomes more important so that the rape victims become courageous to see the accused behind the barssimilarly, cases of acid throwing on girls and women are on the rise the acid thrown on a girl or woman many a times kills her but if, she survives that is more horrifying her face is disfigured, loses her eyes and other body parts are severely burnt apart from suffering extreme pain and agony she has to undergo many surgeries, bandages and medication which require huge money which most of the victims are unable to bear and they are left to fend for themselves for these hapless acid attack victims financial assistance, free medication and cosmetic surgeries and rehabilitation becomes all the more necessarythen, these days girls belonging to poverty stricken families of rural areas and tribals areas are lured and trafficked to urban areas by showing them dreams of good life and employment opportunities and are sold to so called placement agencies who further sell them to people for household chores and for forced prostitution even if, police rescue them these unfortunate girls and women also require rehabilitation and other welfare measuresthis bill also seeks to set up a national abused and attacked girls and women rehabilitation and welfare fund for the victims of acid attack, sexually abused and trafficked girls and women apart from providing other welfare and rehabilitation measuresrajkumar dhoot financial memorandumclause 3 of the bill, provides for the rehabilitation and welfare measures for the girls and women covered under this bill clause 4 of the bill provides for the establishment of a fund with initial corpus of rupees thirty thousand crore by the central government clause 6 makes it mandatory for the central government to provide adequate funds for carrying out the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees twenty five thousand crore may involve as recurring expenditure per annuma sum of rupees twenty thousand crore may also involve as non recurring expenditure memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the rehabilitation measures to be undertaken and payment of adequate compensation by the central and state governments to the victims of acid attacks, sexually abused or raped and trafficked girls and women from weaker sections and tribal and rural areas pushed for working as domestic maids or into flesh trade by the placement agencies, pimps and traffickers and for making it mandatory for the state to bear all costs of treatment including cosmetic and other requisite surgeries for all such victims and for matters connected therewith and incidental thereto————(shri rajkumar dhoot, mp)

Parliament_bills

0c5a05ed-f3a3-546d-bd86-8fa416e71976

bill no 191 of 2016 the special financial assistance to the backward and drought affected regions of vidarbha and marathwada bill, 2016 by shri rajeev satav, mp a billto provide special financial assistance to the backward and drought affected regions of vidarbha and marathwada for the purpose of all-round development of the regions and for ensuring the welfare of farmers, agricultural labourers, landless labourers, poor women, old aged persons and the unemployed youth and for the development, exploitation and proper utilization of its resourcesbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint5special financial assistance to backward and drought affected regions of vidarbha and marathwada102 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 backward and drought affected regions of vidarbha and marathwada to meet the costs of such schemes of development, as may be undertaken by the state of maharashtra with the approval of the government of india for the purpose of ensuring the welfare of farmers, farming labourers, landless labourers, poor women, old aged persons and the unemployed youth and for the development, proper utilization and exploitation of the resources in the state3 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not in derogation of other laws statement of objects and reasonsvidarbha and marathwada regions of maharashtra state have been subjected to economic and social backwardness other than being riddled with the lack of water resources and drought related issues consequently, there has been a continuous rise in the number of suicides by farmers in these regions government reports indicate that the farmers are affected by drought in all the villages of marathwada region and in many villages of vidarbha the real picture of these regions is such that in all the areas where drought situation is prevailing, the farmers are compelled to commit suicides and are forced to sell their land to usurers at throw-away prices their wards are being deprived of school education labourers are wandering about in cities in search of jobs the farmers are concerned about the issue of cattle-fodder also lack of availability of clean potable water is also an issue in villagesfor the purpose of ensuring the welfare of farmers, agricultural labourers, landless labourers, poor women, old aged persons and the unemployed youth of these regions and for the development, exploitation and proper utilization of the state's resources, there is a need to quickly implement development schemes in these regions along with this, in order to meet the costs of various schemes to be undertaken by the maharashtra state with the approval of the government of india, there is a need for the provision of special financial assistance to vidarbha and marathwada backward regionsthrough such steps, issues being faced by these regions at present like lack of water resources and drought and economic backwardness can be addressed this will go a long way in extending the prevalence of justice among people, reinforce national unity and strengthen good governancehence this billnew delhi;rajeev satavjuly 1, 2016 financial memorandumclause 2 of the bill provides that there shall be paid such sums of money out of the consolidated fund of india as parliament may, by due appropriation provide as special financial assistance to backward and drought affected vidarbha and marathwada regions of the maharashtra state for the purpose of ensuring the welfare of farmers, agricultural labourers, landless labourers, poor women, old aged persons and the unemployed youth of these regions and for the development, exploitation and proper utilization of the state's resources, there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may, by appropriation provides as special financial assistance to the backward regions of vidarbha and marathwada to meet the costs of such schemesthe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india as the amount to be disbursed as special financial assistance to vidarbha and marathwada regions by due appropriation of law by parliament shall be determined after the schemes to be implemented by the state government with the approval of the central government, at this stage, it is not possible to estimate the recurring expenditure to be incurred from the consolidated fund of indiano non-recurring expenditure is likely to be involved in this behalf———— a billto provide special financial assistance to the backward and drought affected regions of vidarbha and marathwada for the purpose of all-round development of the regions and for ensuring the welfare of farmers, agricultural labourers, landless labourers, poor women, old aged persons and the unemployed youth and for the development, exploitation and proper utilization of its resources————(shri rajeev satav, mp)

Parliament_bills

9dc4fca0-4e7f-5e97-bf29-ffd1ca47ddd8

annexure extract from the representation of the peopie act, 1951,registration with 29a (1) any association or body of individual citizens of india calling itself a political party and intending to avail itself of the provisions of this part shall make an application the election commission of associations and bodies as political to the election commission for its registration as a political party for the purposes of this parties (s) the application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or tules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the constitution of india as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of india :

Parliament_bills

737f62dc-522f-5007-add3-7f34ad146b42

bill no 47 of 2014 the national agricultural produce price commission bill, 2014 byshri raju shetti, mp abillto provide for the establishment of a statutory autonomous commission for the purpose of ensuring minimum support prices to farmers for their agricultural produce and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title, extent and commencement2 in this act, unless the context otherwise requires,—definitions5 (i) "agricultural produce" includes paddy, wheat, sugarcane, millet, barley, ragi, madwa, cotton, maize, soyabean, rapeseed, mustard, peanut, coconut, sunflower, groundnut, safflower, sesamum, niger seed, gram, tur, urad, moong, masoor (lentil), peas, jute, cashew nut, pepper, turmeric, tobacco, potato, tomato, onion, mango, apple, orange, kinnoo, mousambi and other such foodgrains or commodity as may be prescribed;(ii) "commission" means the national agricultural produce price commission constituted under section 3;10(iii) "cost of cultivation" includes operating cost plus imputed value of family labour, market based rental value of land, interest on both working and fixed capital, transportation cost, marketing cost and insurance premium; and(iv) "prescribed" means prescribed by rules made under this act153 (1) the central government shall, as soon as may be, but not later than six months of the commencement of this act, by notification in the official gazette, constitute a commission to be known as the national agricultural produce price commissionconstitution of the national agricultural produce price commission(2) the commission shall be a body corporate by the name aforesaid, having perpetual succession and common seal with power to acquire, hold and dispose of property both movable and immovable and to contract and shall, by the said name, sue or be sued4 (1) the commission shall consist of:—20(i) (a) a chairperson;composition of the commission(b) a vice-chairperson;to be appointed, from amongst persons of eminence having special knowledge in the field of agricultural economics, by the central government;(ii) five members of parliament, of whom three shall be from lok sabha and two from rajya sabha, to be nominated by the presiding officers of the respective houses;25(iii) one member having practical experience in the field of agriculture with compulsory agricultural and rural background representing each state to be nominated by the central government in consultation with the respective state governments;(iv) one member representing the union ministry of agriculture;(v) one member representing the indian council of agricultural research; and30(vi) five members representing farmers to be appointed by the central government in such manner as may be prescribed(2) the salary and allowances payable to, and other terms and conditions of the service of the chairperson, vice chairperson and members of the commission, shall be such as may be prescribed35(3) the head office of the commission shall be at new delhi (4) the central government shall provide such number of officers and staff to the commission as are required for its efficient functioning(5) the salary and allowances payable to, and other terms and conditions of the service of the officers and staff of the commission, shall be such as may be prescribed405 (1) the commission shall perform the following functions:—functions of the commission(a) fix and declare the minimum support price of agricultural produce on the basis ofcost of cultivation plus fifty per cent margin on the cost of cultivation and the announcement of the same well in advance of the sowing season;45(b) ensure that the farmers get the minimum support prices fixed by it for theiragricultural produce;(c) recommend to the central government the measures for raising the standard of farming in the country, especially raising farm productivity and farm profitability;(d) recommend to the central government the measures for improving the living conditions of farmers;(e) ensure that the prices of the agricultural produce do not fall below the statutorily fixed minimum support price fixed by it due to undesirable activities of traders and middlemen after the post-harvest period;5(f) give wide publicity to the minimum support prices of the agricultural produce determined by it; and(g) keep the farmers aware of the prices of agricultural produce in the international market10(2) the commission shall, while discharging its functions, consult state governments and such other agencies as it thinks fit, which are responsible for procurement, supply, distribution, trade and other activities in relation to agricultural produce so as to ensure payment of minimum support prices to the farmers156 the central government shall be bound to accept and implement the minimum support prices announced by the commissioncentral government to implement the recommendations of the commission7 where a farmer fails to sell his agricultural produce in the open market at minimum support price determined by the commission, the central government and the state governments shall purchase the agricultural produce from the farmer at the price fixed by the commissioncompulsory purchasing of agricultural produce by the central and the state governments208 the central government shall, after due appropriation made by parliament bylaw in this behalf, provide adequate funds to the commission for carrying out the purposes of this actcentral government to provide funds9 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 appear to be necessary or expedient for removing the difficulty:25power of the central government to remove difficultiesprovided that no such order shall be made after the expiry of the period of two years from the date of the commencement of this actact to have overriding effect10 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force30power to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act35(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 rule40 statement of objects and reasonsit is an open secret that agriculture sector is reeling under severe crisis in india the share of agriculture in gross domestic product (gdp) of the country is constantly and unabatedly falling year by year since independence in 1950, the share of the agriculture in gdp was 51 per cent and in the year 2009, it has come down to a mere 141 per cent and that too without any substantial decrease in the number of the people dependent on it still sixty per cent of our population is directly dependent on agriculture it is shocking that the policy-makers, the leaders, the bureaucracy, etc are apathetic to the fact that in the last thirteen years, more than 3 lakh farmers have committed suicide across the country even today, in some states the trend of committing suicide by farmers is continuing according to the annual data released by the national crime records bureau in the year 2009, around 17,368 farmers committed suicide ie every hour, two of our farmers committed suicide, and that too when we pat our back for achieving a gdp growth rate of 9 per cent per annum there are several reasons behind their shocking misery but one of the major reasons is nonavailability of remunerative prices of their agricultural produce the middlemen, hoarders, money lenders, etc are exploiting them for the last 65 years the commission of agricultural cost and prices (cacp) under the ministry of agriculture fixes the minimum support price (msp) of a few agricultural commodities this commission has no legal standing and it often happens that the msp determined by the cacp is not remunerative for farmers perhaps it would not be incorrect to say that the cacp has failed in its duty to ensure remunerative prices to farmers it has no proper mechanism to calculate the cost of production of agricultural produce and, therefore, the msp announced by it is far below the cost incurred by the farmers to raise their crops hence, it is felt that if a fully autonomous statutory commission is established to fix the minimum support prices of the agricultural produce with certain guidelines, the misery of the farmers of the country would be solved to some extenthence this billnew delhi;raju shettijune 25, 2014 financial memorandumclause 3 of the bill provides for the constitution of a national agricultural produce price commission clause 4 provides for salary and allowances of the chairperson, vice chairperson and members of the commission clause 5 provides, inter alia, for giving wide publicity to minimum support price of the agricultural produce by the commission clause 7 provides for compulsory purchasing of agricultural produce by the central and the state governments clause 8 provides for payment of adequate funds to the commission for carrying out the purposes of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees five hundred crore per annum would be involveda non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill 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 establishment of a statutory autonomous commission for the purposeof ensuring minimum support prices to farmers for their agricultural produce and for matters connected therewith or incidental thereto————(shri raju shetti, mp)gmgipmrnd—774ls(s3)—01-07-2014

Parliament_bills

dbaac377-9ad0-5bd9-9edf-92c69204988a

iiw no h " 1"5 the government (liability in tort) bill, 1~5 a billto define and amend the law with respect to the liability of the gooermnent in tort and to provide for certaitn matters coftnect~ therewith be it enacted by parliament in the sixteenth year of the republic of india as follows:-" s1 (1) this act may be called the government (liability in tort) short act, 1965~ title, extent (2) it extends to the whole of india except the state of jmnmu and com- ~eand kashmir ment (3) it shall come into force on such date as the central government may, by notification in the oftlc1al gazette, appoint z in this act, unless the context otherwise requires,-deflni tiona (a)--!!agenf!rin-relation to the goverrunent,-_means a person (other than an employee of the government) who being employed to do any act for the government is, in doing the ect, under the order or control of the government; s (1) "emplo:yee of the government" means any person who-(i) is a member of a defence service or of a civil service of the union or of an all-india service or holds any post conneded with defence or any civil post under the union; or (ii) is a member of a civil service of a state or holds 10 any civil post under a st:lte; (c) "government", in relation to any liability imposed under this act, means-(i) where a tort is committed by an employee of the government while acting in connection with the aftairs of is the union, or by an agent or independent contractor employed by the central government, the central government; (ii) where a tort is committed by an employee of the government while acting in connection with the affairs of a state, or by an agent or independent contractor employed 20 by a state government, the state government; (d) "independent contractor", in relation to the government, means a person who contracts to do an act· for the government, but who in doing the act is not under the order or control of the government 2s liability of government in lort 3 subject to the provisions of this act, the government shall be liable in respect of any tort-(a) committed by an employee of the government or an agent employed by the government,-(i) while acting in the course of his employment; or 30 (ii) while acting beyond the course of his employment if the act constituting the tort was done by the employee or agent on behalf of the government and is ratified by the government; i (b) committed by an independent contractor employed by the government or any of his servants or workmen in doin, the 35 act contracted to be done for the government in any of the follow'idc cases (and in no others), namely:-(i) where the government assumes control of the ad £ontraded to be doneby-tbe indepeudentcodtrador; 5 (ij) where the government has authorised or ratified the act of the indepeddedt contractor alleged to constitute the tort; 10 (iii) where the act contracwd to be done although lawful'is of such a nature that unless reasonable care is taken, it is likely in the ordinary course of events to ca~ per-sodal injury or damage to property in the doing thereof and such care has not beed taken: is 20 provided that the government shall not be' liable udder this sub-clause if there is an express stipulatiod in the contract between the government and the indepeddedt codtrac-tor that-(a) reasodable care in the doing of the ad shall be taked by the indepeddedt contractor add dot by the governmedt, and (b) the indepeddent contractor shall, and the government shall not, be liable for any persodal injury or any damage to property caused in the doing of the act by the failure od the part of the indepl!ddedt codtrador' to take iueb care; (iv) where the governmedt is under a lepl obliption to do the act itle~; (v) where any law for the time beinc in force impoaea upon the government an absolute duty to ensure the safety of persons or property in the doine- of the' act contracted to be done and there has been a failure to comply with tbat duty 4 where the government is the owder of any immovable pro- liability perty, or is in possession or occupation of, or exercises codtrol over, of gov- ill any immovable property, e government shall b1c "liable in respect ernment 35 of any breach of duty attaching by law to the ownersbip, possession, ~!e:s or occupation or control of such property in the same mander and to occupier the same extedt as a private person of full age and capacity: of inuil0v" able pro-p1'!ovided that where any such property vests in the government perty by virtue of any rule of law which operates independently of the 40 acts or intentions of the government, the governmedt shall not, by virtue 9' this sectiod~ be sub1cct to any liability in tort by reason 'oal)' of the ,preperty bebac 10 wsted, bat the provisions of this section hall be without prejudice' to the liabilltt- of the govetnment thereunder in respect of any period after the government or ad)' penon aetinc for the government hu, in fact, taken possession or control of -biiy-siich-property -;or' entered into occupation thereof , 5 the gevemment shall be liable in respect of any· personal injury or ady damage to property caused by any dangerous thing in the possession of the government or over which the government es:ereises eontrol in the same manner ami to the same extent as a private penon ,of full age and eapaelty would be liable in similar 10 eireumatadees u he -were in possession of, or exerdsed control over, liability of government in tort in respect of escape of dangerous things mmth~ i liability of government in respect of breach df duties tioits emplo-, 8 the government shall be subject to all those liabilities in tort to which, if it were a private penon of full age and capacity, it would be subject in respect of any breach of those duties which a is person 'owes to his servants or agents under any law for the tline being in foree by reason of being their employer: provided that in' awarding c~nsation to any employee of the government or any agent employed by the government in respect of any personal injury or any damage to property caued by the ao tiream 'of 'any suehduties, tile eogri iihall· take into account the , 1iiiloioit, 'if any, paid or required to 1te paid by' the gofti'iiiilent, -wbe~ by way of"disablemmd'bedefit, compemation or otherwise, to reb employee'orllledt wider an)" other· law for the time being in force ~s 7 any enactment which negatives'or limits 1ihe 'amount of liability of an employee of the gove~llt- -6re ·arent~ employed by the government ,in r~pect of any tort committed' by such empl~yt!e' ,or agent -~, in the case of any pr08eedin~ against the ~d\r~ent under' thi~ ~t in i1!spect of such tort, apply in relation 30 ~o the' government as it would -have applied to such employee or agent if the proceedings against the government had been procee~ ings against that employee or agent ' aatutory limits - to the amount, of llabblity to apply to claims apinst oovt!m-d1ent ':8110 deferiees '&pen'to govem-'ment 8 in' any proceedings against the goverriment under this act, the , government slurll' be entitled to raise by way of defence the same ~s pleas which· a' private person would be entitled under law to rais~ if a similar suit had been instituted against such person indemnity 9 where the government is subject to any liability tn tort by and contri- virtue of this act, any law relating to indemnity and contribution bution shall be enforceable by or against the g-ov~ent"in respect of the 40 'mlbtlity : to which' it is so subject as if the government were a priva~ 'person' of full age and ~pacity 10 (1) ady--act--doneby a member-of the armed forces of the special union while on duty as such or by a member' of a police force while p,l'o~ "d~'1itity as sueh shall not subject either him or the government to ::stma liability ih tort for causing the deeth of another person or for to armed causing personal injury to another person, in so far as the death or forces of personal injury is due to anything suffered by that other person whilethe union he is a member of the armed forces of the union or, as the case may and pollce to be, a member of the police force ifforces is ('4) at'the time the thing is suffered by that other person he eithc!t'is on duty as- a member of the anned foreesof the union or as a m~mber of the police force or, though not on duty, is on any land~ 'premises, ship, aircraft or vehicle for the time being used for the purposes of the anned forces of the union or, as the ease may be, for the purposes of the police force; and (b) the government certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to any award under any law or scheme relating to the death or disablement of members of the force of ''ft!ch he is' 'a m~mber: provided that this sub-section shall not exer-~ a member of the armed forces of the union or a memb~r of a police fofce from' liability in tort in any ct3se in which the court is satisfied that the act was not 'conriected with the ~ectition of ius :"dtities' as a 'mem tier" of' tnbse forces' or that force '(a)no:pr~ bf tort 'shall ue 'apfnat tbe'go\remment for _ath "oi"-periorial inj1u'y -due to any:thingswfered by member of the'amieci f6rc~ of the union 'or a member of a police force if-30 (a) that thing is suffered by him in consequence' of the nafure or c'ondition of any such land, premises, ship, aircraft or vehicle as aforesaid or in consequence of the nature or condition of any equipmentor supplies used for -the purposes of those forces or that force; and 3-5 (b) the government certifies as mentioned in the pr~-dttlg stlb~·section; nor shall any act of an employee of the government subject him to liability in tort for death or pers~nal injury in so far as the ·g~at4'or personal injury is ,due to anything suffered: ,by a member of the armed forces of the union or by a member of a police force, being a thing as to which the conditions aforesaid are satisfied (3) the government or an officer authorised by the government inthisbehalf;-if-satisfied-that it is the fact-(a) that a person was or was not on any particular 5 occasion on duty as a member of the armed forces of the union or as a member of a police force; or (b) that at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not or were or were not used for the purposes of those forces or that force, 10 may issue a certificate certifying that to be the fact; and any such certificate shall, for the purposes of this section, be conclusive as' to''"' --the fact which is certified (4) in this section, the werd "government" means,-(a) in relation to a member of the armed forces of the is union or of a police force maintained by the central government, the central government; (b) in relation to a police force maintained by a state government, the state government savin, u nothing contained in this act shall render the government 20 liable in respect of-(a) any act of state; (b) any act done by the government in the discharge of its functions in relation to any of the matters enumerated in entries 10, 11, 12, 13, 14, 15 and 16 of list i in the seventh 25 schedule to the constitution; (c) any act done by the president of india in the exercise and performance of the powers and duties of his offtce in relation to the summoning and prorogation of the hqlues of pvliament, the dissolution of the house of the people, the 30 assent to, or the withholding of assent from, any bul, the retum of any bill to the houses for reconsideration of the bill or any specified provisions thereof or the issue -of any proclamation under the constitution; (d) any act done by the governor of a state in the exer- 3s cise and perfarmance of the powers and duties of his office in relation to the summoning and prorogation of the house or houses of the legislature of the state, the dissolution of the legislative assembly, the assent to, or the withholding of assent from, any bill, the reservation of a~y bill for the con- 40 sidentiqq of the president or the return of any bill to the house or houses for reconsideration of the bill or any speci1led provisions thereof; (e) any act done under -a --proclamatioli' lsstieci wider -'the constitution; 18 of 1947 (f) any act authorised by or under the trading with the enemy (continuance of emergency provisions) act, 1m7; (g) any act done in the exercise of the powers vested in the union for the purpose of training, or maintaining the eftlciency of, the anned forces; 10 (h) any act done by a ~ of the armed forces of the union while on active service; (i) any act done by-(i) a member of a police force, or is (ii) a public servant whose duty it is to preserve peace and order in any area or place or who is engaged on guard, sentry, patrol, watch and ward, or other similar duty in relation to any area or place, for the prevention or suppression of a breach of the peace, or a disturbance of the public tranquility, or a riot, or an aftray, or for the prevention of any offences~gainst public property; 20 (j) any act done or ordered to, be done by a judge, magistrate, or any other person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him; 2s (k) any act in connection with the execution of lawful warrants or orders of a judge, magistrate, or any other person discharging' or purporting to discharge any responsibilities of a judicial nature vested in him, done by any person bound to execute the warrants or orders; 13 of 1885, 30 6 of 1898 (z) any act for which immunity is granted under th:e indian telegraph act, 1885, the 4indian post office act,' 1898, or under any other enactment for the time ~eing in force; i dol 1890 (m) any act in respect of which a remedy is provided under the indian railways act, 1890, or under any other enact· ment for the time being in force; (n) any personal injury or any damage to property caused by an act which by its nature is likely in the ordinary course of events to cause such injury or damage, if the doing of the act is authorised by any enactment for the time being in force; (g) any claim arising out of defama1doa, malicious p308e cution or malicious arrest; -(po) any c1aim--~out of the operation -otany quarantine law; (q) any claim arising in a foreign country pendina proceedinp 12 the provisions of this act shall not affect any proceeding! by or against the government which have been instituted before the commencement of' this act, and such proceedings shall be dispoaed of as if this act had not been passed 13 in the fatal accidents act, 1855, in section 4, for the words 10 'the word "person" shall apply to ·bodies politic and corporate', the following shall be substituted, namely:-amendment of act 13 at 1866 'the word "person" shall apply to bodies politic and corporate and the government· the law relating to the liabit=ty of the government for torts or civil wrongs is in a state of uncertainty this uncertainty ,has been occasioned by conflicting judicial decisions in view of' this uncertainty, the matter was referred, on the initiative of the late president of india, dr rajendra prasad, to the law commission for consideration and report the law commission examined the matter in detail and after having made a general survey of the law with respect to liability of the ~t in tort in various countries such as the united kingdom, united states of america, canada, australia, france, etc, recommended that legislation should betindertaken in india for defining the liability of the government in tort and formulated for this purpose certain specific proposals based mainly on the uk crown proceedings act, 1947 while these proposals were under the active consideration of the government, the question of the extent of liability of the government in tort came up for consideration before the supreme court in state of rajasthan v mat vidyawathi-i962, supp 2 scr 987 in that case it was held by the supreme court that in india, ever since the time of the eest india company, the sovereign has been held liable to be sued in tort ()r in contrac~, and that'the common~ law immunity , never operated in india but, in a more recent case-ralia ram t1 the state of uttar pradesh, 1965, 1 sca 809, the supreme court has held that the distinction between sovereign and non-sovereign functions of the government even now obtains in india and that, therefore, the state is liable for tortious acts committed by its employees only if such acts are committed in the discharge of functions which are not sovereign the court, however, was not satisfied with this state of law and urged that the matter should be set right without delay by legislation, as has been done in the united kingdom by the crown proceedings act, 1947 the proposed legislation which seeks to implement, subject to some modifications, the recommendations of the law commission in its report on the liability of the state in tort, is intended to give effect to the suggestion of the supreme court i'·' '!" 2 the recommendations of the law commission, as given effect to in the bill, may be categorised as follows:-(i) in the first place, there 1s the liability of the government to third parties for torts committed by its employees and agents here, the government, like any private individual, should be vicariously liable to third parties for torts committed by its employees- and-agents in the course- of their- employment or for torts committed by its employees and agents on behalf of the government and subsequently ratified 'by the government this recommendation has been embodied in clause 3 (a) of the bill (it) in the second place, there is the liability of the government to third parties for torts committed by an independent contractor employed by the government and his servants and workers here, the government, like any private individuaj, should be liable to third parties only "ill cases specified in clause 3'(b) of the bill cui) in the third place, there are common law duties attaching to ownership, occupation, possession or control of property here also, the government, like any private individual, should have certain duties when it is the owner of any immovable property 01' in possession or occupation of, or exercises control over, any immovable property clause 4 of the bill gives e1fect to this recommendation (iu) in the fourth place, there is the liability of the government in tort in reaped of escape of dangerous things here also, the government, like any private individual, should be liable in respect of any personal injury or any damage to property caused by ey dangerous thing in the possession of the government or over which the government exercises control clause 5 of the bill gives effect to this recommendation (v) in the fifth place, there is the liability of the government towards its own employees and agents here also, the government, like any private individual, should be liable to its own employees and agents for any injury caused by the failure of the government to take the requisite care clause 6 of the bill gives effect to this reconunendation (ui) in the sixth place, the other recommendations of the law commission which are of an incidental, ancillary or minor nature have been incorporated in clauses 7, 8 and 9 of the bill (vii) clause 10 of the bill makes certain special provisions as to armed forces of the union and police forces and clause 11 provides for a number of savings and exceptions 3 'fhe notes on clauses explain in greater detail the various provisions of the bill and also indi( ate the deviations made from the recommendations of the law commission and the reasons for the deviations the notes also make feference to relevant provilions of the uk crown proceedings act and important oases od the subject new delhi; a k sen the 12th august, 1965 president's recommendation under article 11'1 of the constitution of india[copy of letter no f 11 (2) 59--leg n, dated the 24th august, 1965 from shri jaganatha rao, deputy minister of law to the secretary, lok sabha, new delhi] the president having been informed of the subject matter of the government (liability in tort) bill, 19~ recommends to the ~k sabha, under clause (3) of article 117 of the constitution, the cod-sideration of the bill clause 2-this clause contains the definitions of imp'u1ant words and expressions used in the bill some of which are based on the definitions suggested in paragraph 66vi of the report of the law commission on liaobility of the state in tort (hereinafter referred to as the "report") the law commission has suggested that "agent" shall have the same meaning as in the indian contract act, 1872 but this suggestion has not been accepted as "agent" as defined in the indian contract act is wide e~ough to include an "isle pendent contractar" also in the law of contract an "independent contractor" may be regarded as an "agent" but in the law of tort there is an assential difference between an "agent" and- ian "independent contractor", but there is no such di1ference between an "agent" and a "servant" it is thus stated in clerk and lindsell on tarts (11th ed at page 116) while drawing a distinction between a "servant" and "contractor"-"of the former class (servants) those whose employment is more or less continuous are usually styled servants while those whose employment is intermittent or confined to a particular occasion are usually calied by the generic name of agents between servants, however, and other agents over whom the employer reserves control, there is no distincti6n in point of law; the employer is liable for the torts of the one to the same extent and subject to the same conditions as he is liable for the torts of the other for the sake of brevity, therefore, it may be convenient to speak of all those classes of agents over whom the employer reserves control as servants in contra~tinction to contractors over whom such control is not reserved" [see also ibid p 135, salmond on the law of torts (12th ed pp 104 et seq); pollock's law of torts (15th ed, pp 62 and 63); fleming, the law of torts, p 357; street, law of torts (1963), chap xxvii; performing right society, ltd 11 mitchell (1924), 1 kb 762· in this case the distinction between a searant and an independent contractor has been clearly brought out with reference to general principles laid down by well-mown authorities; see also the case of honeywilland stein, ltd v larkin brothers, ltd (1934) 1 kb 191 (ca~· \a~ 196, 197] the definition of "employee of the government" is based on article 310 of the constitution the deftnitton of "independent contractor" hu bee!l explained above the exact definition of "tort" is well nigh impossible as pointed out by tbe law commissipd, 8i!<lt!!~ref9~~ has n()tbeen attempted clouse 3-sub-clause (a) gives effect to the recommendation in paragraph as i (i) of the report and is modelled on section 2 (1) (a) of the uk crown proceedings act, 1947 (hereinafter r-eferred to as "the uk act") - this provision seeks to implement in relation to the government the common law provision that a master is vicariously liable to third parties for torts committed by his servants and agents in the course of· theill' employment or for torts codll!l!itted by his servant:l and agents for the master's benefit and subsequently ratified by the master both in relation to an employee of the government and an agent of the governmen~, the expression "in the course of his employment" has been used there is no differellce between "course of his employment" ~d "scope of his authority" uscope of employment", "course of employment", "scope of authority" and "scope of service" mean practically the same thing ai?, stated in winfield on tort (seventh edition), p 741, "course of employment seems to have supplanted scope of authority" these expressions are the formulae which are employed to indicate the outward limits of responsibility of the employer for the torts of his ~rvants or agents ai?, fleming states in his "law of torts" at p 365,-"that phrase (course of employment) like its variants "scope" or "sphere of employment" is the formula which is employed to indicate the outward limits of responsibility for the unauthorised w~ongdoing of a servant and represents the judicial compromise between the "social necessity" of making a master answerable for the injury occasioned by servants entrusted with the power of acting in his business and the feeling that it would be unjust, and indeed undesirable, to make him responsible for every act which the servant chooses to do" the proviso to section~ (1) (a) of the uk ·~t has been omitted for the reasons given in paragraph 19 of the report sub-clause (b) implements paragraph 66 i (iii) of the report read with appendix vib thereto compare in this connection section 40(2) (d) of the uk act see in this connection clerk and lindsell on torts (eleventh edition), p 137 the proviso to item (iii) of sub-clause (b) is, however, new because it is felt that it will noi be fair and proper to make the government liable under this item if there is an express stipulation in the contract between the govamment and the independent contractor that reasonable care in the doing of the __ aclshall_be_talten by_thecontractor and not by the government and the independent contractor shall, and the government shall bot, be liable for any personal injury or any damage to property caused in the doing of the act by the failure on the part of the independent contractor to take such care the recommendation of the law commission (vide paragraph 66: 1 (i) of the report that the government shall be liable for torts committed iby employees or agents of public corporations or government companies, has not been accepted because government corporations or com~es are separate juridical persons an<t1:hete is no reason why the government should be liable for the torts committed by the employees and agents of such corporations or companies clause 4-this clause implements paragraph 661 (v) of the report read with appendix vie thereto see also paragraph 24 of the report this clause corresponds to section 2 (1) (c) and section 40 (4) of the uk act see in this connection clerk and lindsell on torts (eleventh edition), chapter 18, and winfield on torts (seventh edition), chapter 12 clause 5-this clause implements par&graph 661 (vi) of the report -read with appendix vie (4) ·,thereto! the -recommendations of the law commission in paragraph 66ii (ii) to (v) have been criticised as being rather too wide it would appear that the position would be the same even if these recommendations were not implemented accordingly, these recommendations have not been included in any clause of the bill it has, however, been provided by sub-clause (n) of clause 11 that the government shall not be uable in respect of any personalinjury or any damage to property caused by an act which, by its nature is likely in the ordinary cours of events to cause such injury or damage, if the doing of the act is authorised by any enactment for the time ·being in force this implements paragraph 66 ilii} of the report clause 6-this clause implements paragraph 661 (ii) of the report read with appendix vid thereto and follows section 2 (1) (b) of the uk act and is based on clerk and lindsell on torts (eleventh edition), pp 390--395 a proviso, has, however, been added that in awarding compensation to an employee of the government the court shall take into account any amount payable under any other law [such as the extraordinary pension rules, the personal injuries (emergency provisions) act, 1962, the personal injuries (compensation insurance) act, 1963, etcl to -such-employee- byway of com- --pensation, disablement benefit, etc recommendation of the law commission in paragraph 66111 of the report has not been included in the bill the law commission without assigning any reason has simply recommended that a provision may be made on the lines of section 3 of the uk act in view of the special powers conferred on the government by section 21 of the patents and designs act, 1911 and section 20 of the atomic energy act, 1962,' in relation to patents, designs, etc, there is hardly any practicalaity for such a provi:sion even in regard to section 3 of the uk act, prof glanville l williams in his booklet on crown proceedings, p 59, observes that there is little scope in the case of patents and designs, etc, for infringement actions notionally given by this clause, to operate implementation of this recommendation may introduce avoidable uncertainty and complications in the matter clause 7-this clause implements paragraph 6611 (vi) of the report and is modelled on section 2 (4) of the uk act clause 8-this clause implements the observations at the end of paragraph 661 of the report clause 9-this clause impleii1tnts paragraph 66 iv (i) of the report and is modelled on section 4 of the uk act clause 10-this clause implements paragraph asv (iv) (c) and is modelled on section 10 of the uk aet, but there is a di1ference the members of the police forces also have been brought within the purview of this clause, the reason being that in principle, the case of a police constable is not distinguishable :flrom that of a soldier, especially when the police force to which he belongs is maintained by the state vide attorney general for new south wales vb p~r­petual trustee & co (1955), 1 all er 846 (pc) at pp 857-58 in :h~ uk act, the members of the police force have not been brought within the purview of section 10 of that act mainly because the police forces: thei~ are maintained by tille-local authorities, the onjy exception being the metropolitan police which is under the secretary of state for home affairs clause h-this clause implements paragraph 66v of the report and saves the government from liability in respect of a large number of acts detailed therein clause 12-this clause saves pending proceedings clause 13-~ clause makes a consequential and necessary amendment in the fatal accidents act, 1855 financial memorandumthe bill seeks to define the liability of government in tort it is not possible to assess the financial liability which government will incur on the bringing into operation of this bill when enacted, as a result of the torts committed by the government or its employees, agents and contractors that will depend on various factors, such as the number of torts committed, the number of suits instituted against the government ancktll&'number of'decrees for compensation passed in those suits against the government as it is not possible to foresee and visualise any of these matters, no estimate of the expenditure involved out of the consolidated fund of india (in case of the liability of the central government) is possible ' , erraact nom the fatal accldj:n'1's act, 1855 ------- (13 oj' 1855) - • - • •4 the followin, words and expressions are intended to have the l'nterpn-meanings hereby assigned to them respectively, so far as- such mean-= ings are not excluded by the context or by the nature of the subjeetmatter; that is to say the word "person" shall apply to bodies politic and corporate; and the word "parent" shall include father and mother and grand-father and grand-mother; and the word "child" shall include son and daughter and grand-sod and grand-daughter and step-sod and step-daughter ~ billto define and amend the law with respect to the liability of the government in tort and to provide for certain matters connected therewith (shri asoke k sen, minister of lil'id and social security)

Parliament_bills

a7542ea9-9a47-5f4b-b751-c65e2c859ad9

bill no 140 of 2016 the special financial assistance to the victims of terror attacks bill, 2016 by shri maheish girri, mp a billto provide for special financial assistance to the victims of terror attacks in the country and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the special financial assistance to the victims of terror attacks, 2016short 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, bynotification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—10(i) "dependent" includes spouse, children and aged parents, who are dependenton the deceased victim of terror attack;(ii) "terror attack" means an attack by a terrorist group operating within or from outside the country; and(iii) "victim of terror attack" means a person who dies or gets injured in a terror attack53 notwithstanding anything contained in any other law for the time being in force, the central government shall grant special financial assistance to the victims of terror attack in the following manner:—special financial assistance to the victims of terror attack(i) in case of loss of life, an ex gratia grant to the dependent of victim which shall not be less than rupees five lakh;10(ii) in case of serious injury leading to incapacitation, an ex gratia payment to the victim which shall not be less than rupees three lakh;(iii) in case of minor injury, an ex gratia grant to the victim which shall not be less than rupees one lakh;15(iv) in case of damage of dwelling unit of victim due to terror attack, cost of repair of dwelling unit; and(v) preference in central government jobs to the victim or his dependent, as the case may be 4 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of the act205 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 rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act25 30(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsour country has witnessed many terror attacks in the recent past it has been observed that terrorist attack leads to huge loss of lives as well as properties life of victims who meet death in these terror attacks is priceless it is the duty of the government to ensure that families of the victims lead a dignified life after loss of lives of their beloved onesthe present bill seeks to provide for special financial assistance to the families of deceased victim and to the victims who get injured the bill also seeks to provide for repair cost of premises damaged in terror attackshence this bill financial memorandumclause 3 of the bill provides for special financial assistance to the victims of terrorist attacks and their dependant family member it also provides for payment of repairing cost of dwelling units damaged in terror attackthe 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 will be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred 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 as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for special financial assistance to the victims of terror attacks in the country and for matters connected therewith————(shri maheish girri, mp)

Parliament_bills

f3d71fc9-0512-5250-a5c1-d75d2ebe4be4

bill no 67 of 2010 the palliative care (education and training) bill, 2010 byshri om prakash yadav, mp a billto provide for recognition of palliative care as an integral part of health care system of the country; education and training in palliative care in medical colleges and institutions;treatment facilities in hospitals and for matters connected therewithbe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the palliative care (education and training) act, 2010short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint but shall not be later than three months from the date of assentdefinitions2 in this act, unless the context otherwise requires,—(a) "palliative care" means care given with the intention of improving the quality of life of persons with a terminal illness by—(i) treatment which controls and relieves pain, distress, discomfort or othersymptoms caused by, related to or coincidental with terminal illness; and(ii) psychological, social and spiritual help and support;(b) "prescribed" means prescribed by rules made under this act; and (c) "terminal illness" means an illness, disease or condition which,—(i) is inevitably progressive and fatal, and (ii) cannot be reversed by treatment53 (1) on and from the date of commencement of this act, the central government shall take all necessary steps to recognize palliative care as an integral part of the health care systemcentral government to recognize palliative care10(2) for the purposes of sub-section (1), the central government may direct the indian medical council to take such steps, as may be necessary, for comprehensive study in palliative care and to make palliative care an integral part of health care system and medical education in the countryformulation of a policy for palliative care4 the central government, in consultation with the state governments, shall formulate a policy for palliative care with a view to create awareness about palliative care and to encourage the non-governmental organizations working in the field of palliative care155 every medical college or institution imparting medical education or training shall, within a period of two years from the date of commencement of this act, provide teaching and training of palliative care in such manner as may be prescribedmedical colleges to impart teaching and training in palliative care hospitals to provide palliative care206 (1) every medical institution or hospital established and run by the central government or a union territory administration shall, within a period of two years from the date of commencement of this act, provide palliative care to persons with terminal illness(2) the state governments shall be informed of the palliative care to be provided to persons with terminal illness in hospitals under clause (1) so that they may also provide for it in the hospitals being run by thempower to make rules257 (1) the central government may 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 reasonspalliative care which is aimed at reducing or relieving the pain suffered by the terminally ill patients is not recognized or considered in india as an integral part of our medical system the palliative care coverage at national level is less than three percent while in the state of kerala it varies between thirty to seventy percent in various districts the state has also formulated a policy on palliative care in a modern society, it is necessary that this system finds its place as an integral part of our medical system with facilities to teach and train the people it is also necessary that the medical colleges provide facilities for teaching and training in palliative carepalliative care is a combination of medical treatment with humane attitude, friendly environment, love and affection for patients who are terminally ill with no possibility of cure such patients could be provided with conditions where they could be relieved of pain if all these are put together, such patients would at least be able to live their last days peacefullya civilized society is expected to have this attitude towards those persons who are afflicted by diseases which have no cure to provide succour to such persons, it is necessary that the government should recognize palliative care as an integral part of our health care systemthe bill aims at creating educational and training facilities and institutional mechanism to give a push to palliative care with the provision of assistance to the non-governmental organizations working at grass root level with the help of government institutions including local self-government institutionsthe bill seeks to achieve these objectivesnew delhi;om prakash yadavmay 10, 2010 financial memorandumclause 5 of the bill provides that every medical college or any other institution imparting medical education or training shall provide teaching and training of palliative care clause 6 provides that every hospital or nursing home under the central government or the union territory administration shall provide palliative care for terminally ill persons while the expenditure relating to medical institutions under state governments will be met out of the consolidated funds of the respective states, the expenditure relating to medical institutions under the union territory administration and the central government, shall be met out of the consolidated fund of india the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a non-recurring expenditure of rupees one hundred crore will be involveda recurring expenditure of rupees five crore is also likely to be incurred memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the provisions 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 recognition of palliative care as an integral part of health care system of thecountry; education and training in palliative care in medical colleges and institutions;treatment facilities in hospitals and for matters connected therewith————(shri om prakash yadav, mp)gmgipmrnd—2756ls(s4)—05-07-2010

Parliament_bills

24c8fa3c-ff81-5baf-b236-3752df7dbe2c

bill no 63 of 2014 the coconut growers (welfare) bill, 2014 by shri mk raghavan, mp a billto provide for certain welfare measures and other facilities for coconut growers and for matters connected therewithbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the coconut growers (welfare) act, 20142 in this act, unless the context otherwise requires,—definitions5(a) "appropriate government" means in the case of a state, the state government,and in other cases, the central government;(b) "coconut" means coconut and its products including by-products and itsextracts;(c) "committee" means coconut development committee constituted under section 3;(d) "prescribed" means prescribed by rules made under this act; and5(e) "scheme" means coconut growers welfare scheme formulated under section 3 3 (1) the central government shall formulate a scheme for the welfare of coconut growers to be known as the coconut growers welfare schemecoconut growers welfare scheme(2) the scheme shall be administered by a committee to be known as the coconut development committee10(3) the committee shall consist of—(i) a chairperson, who shall be nominated by the central government; (ii) two members, representing the governments of coconut growing states, to be nominated by the central government;15(iii) two members representing coconut agriculturists who are growing coconut on large scale; and(iv) two members representing small coconut growers(4) the chairperson and members of the committee shall be nominated by the central government in such manner as may be prescribed20(5) the salary and allowances payable to, and other conditions of service of the chairperson and members of the committee, shall be such as may be prescribed4 without prejudice to the powers of the central government, the scheme shall include:—provisions to be made under the scheme25(i) framing of a comprehensive insurance scheme for loss or destruction ofcoconuts;(ii) providing technical and other kinds of specialized assistance to coconutgrowers;(iii) fixing minimum support price for coconuts; (iv) creation of adequate procurement and storage facility for coconuts;30(v) providing assistance for export of coconuts and its products; (vi) encouraging research in coconut related fields with a view to promote it asa healthy edible item;(vii) provision of adequate marketing facilities for coconut growers; and (viii) provision of electricity and water facilities to coconut growers at subsidizedrate355 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds for the purposes of this actcentral government to provide funds power to make rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act4045(2) every rule made under this 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 reasonscoconut is an important item in our daily life it is not only used as an important food item but also used as offering in temples it is regarded as a religious symbol also coconut and its by-products like coconut oil, coconut water are used in large quantities for various purposes but unfortunately, there are no adequate facilities for coconut growers coconut is grown only in few states in our country and also in very few other countries of the worldas such, there is adequate export potential for coconut which would earn us considerable foreign exchange coconut oil has a number of uses including preparation of certain medicines the coconut based industries are suffering from numerous problems including problems relating to its storage, marketing, procurement and exportthe bill seeks to overcome the problems mentioned above hence this billnew delhi;mk raghavanjune 30, 2014 financial memorandumclause 3 of the bill provides for the formulation of a welfare scheme for coconut growers it also provides for the constitution of a committee to administer the scheme clause 4 provides for the activities to be undertaken under the scheme clause 5 provides that the central government shall provide adequate funds for the purposes of this act 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 eight 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 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 certain welfare measures and other facilities for coconut growers and for matters connected therewith————(shri mk raghavan, mp)gmgipmrnd—1311ls(s3)—23-07-2014

Parliament_bills

83eac015-7fb5-5452-bd19-7541f514cddc

bill no 84 of 2017 the victims of acid attack, sexually abused and trafficked girls and women (compensation and rehabilitation) bill, 2017 bydr ramesh pokhriyal 'nishank', mp a billto provide for the rehabilitation measures to be undertaken and payment of adequate compensation by the central and state governments to the victims of acid attacks, sexually abused or raped and trafficked girls and women from weaker sections and tribal and rural areas pushed for working as domestic maids or into flesh trade by the placement agencies, pimps and traffickers and for making it mandatory for the state to bear all costs of treatment including cosmetic and other requisite surgeries for all such victims and for matters connected therewith or incidental theretowhereas various criminal laws for the time being in force in the country provide for the penalty and criminal procedure to be followed against the accused of acid attack or rape or gangrape or trafficking and pushing girls and women into prostitution and such other offences;and whereas most of such laws are silent on the rehabilitation of the victims, huge amounts required for their treatment including several surgeries including cosmetic surgeries for acid attack victims and the adequate financial assistance to withstand the trauma and lead a respectable life in the society;now therefore, it has become necessary to provide for the compensation and rehabilitation of victims of acid attack, sexually abused and trafficked girls and women by the statebe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the victims of acid attack, sexually abused and trafficked girls and women (compensation and rehabilitation) act, 2017short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effect52 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "fund" means the national abused and attacked girls and women rehabilitation and welfare fund established under section 4;10(c) "prescribed" means prescribed by rules made under this act; (d) "sexually abused" means where rape or gangrape is committed on a girl or women, as the case may be;15(e) "trafficking" includes procuring, luring or supplying a girl or women, as the case may be, for forced domestic work or forcing into prostitution or any unlawful and immoral purpose;45 of 1860 2 of 1974 104 of 1956(f) words and expressions used and not defined in this act but defined in the indian penal code, 1860, code of criminal procedure, 1973 or the immoral traffic (prevention) act, 1956 shall have the meanings respectively assigned to them in those acts203 (1) the central government shall promote and undertake such measures as it thinks fit and appropriate and take various other rehabilitation and welfare measures for the victims of acid attack, sexually abused and trafficked girls and women throughout the country25rehabilitation and welfare measures for the victims of acid attack, sexually abused and trafficked girls and women(2) without prejudice to the generality of the provisions of sub-section (1), the rehabilitation and welfare measures may provide for—(a) setting up of one stop crisis centres at conspicuous places in different parts of the country for extending necessary help and facilities to girls and women covered under this act, by the police and other agencies;30(b) extending all required medical facilities including surgeries of all kinds irrespective of their numbers for acid attack and rape victims and with all medicines, bandages, and indoor and outdoor facilities till they are fully cured and counselling by specialists to the victims;(c) making ex-gratia payment of not less than rupees five lakh to every victim of acid attack or rape covered under this act;35(d) rehabilitation measures such as employment in government or its organizations through reservation and other means or for making them self employed, through vocational training; and (e) such other facilities as may be prescribed54 (1) the central government shall, as soon as may be, by notification in the officialgazette, establish a rehabilitation and welfare fund to be called the national abused and attacked girls and women rehabilitation and welfare fund for the purposes of this act with initial corpus of rupees thirty thousand crore to be provided by the central government by due appropriation made by law by parliament in this behalf and thereafter the central government and governments of the state shall contribute to the fund to such extent and in such manner as may be prescribedestablishment of national abused and attacked girls and women rehabilitation and welfare fund10(2) the fund shall also comprise money received from body corporate and financial institutions of both domestic and international ones, individuals and bodies through donations(3) all money received in the fund shall be defrayed for carrying out the purposes of this act in such manner as may be prescribed15establishment of shelter homes5 the appropriate government shall establish and run such number of shelter homes as it may deem necessary for the girls and women covered under this act who may opt for living in such shelter homes and such girls and women shall be lodged in these shelter homes with necessary facilities of daily life, as may be prescribed6 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 act20central government to provide funds for the purposes of the act power to remove difficulty7 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:25provided that no such order shall be made under this section after the expiry of threeyears from the commencement of this actpower to issue direction8 the central government may give such directions to any state government as mayappear to it to be necessary for carrying out execution in the state any of the provisions of this act or of any rule made thereunder30| 9 ||-------------------------------------------------------------------|| therewith contained in any other law for the time being in force || act to have || overriding || effect |10 the provisions of this act, shall be in addition to and not in derogation of any other law for the time being applicable to girls and women covered under this actact to supplement other laws power to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act3540(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 reasonsof late, it is a matter of serious concern that crimes against girls and women have increased manifold in our country particularly the cases of rapes and gangrapes and acid attacks on the girls and women four years back, the brutal gangrape and killing of nirbhaya had shaken the entire nation after which the law was amended to make it more deterrent but despite that hardly any day goes without reports of rapes and gangrapes being committed in the national capital and rest of the countrythese days the national capital is often referred to as the rape capital the victim of rape feels the trauma of being raped throughout her life and unfortunately most of them do not lead a normal life the society also blames the rape victims and they remain unmarried and if rape is committed on a married woman she is normally disowned by her husband and inlaws in this backdrop of backlash, many rape victims take the extreme step of committing suicide which ultimately help the accused here counselling, financial assistance and rehabilitation becomes more important so that the rape victims become courageous to see the accused behind the barssimilarly, cases of acid throwing on girls and women are on the rise the acid thrown on a girl or woman many a times kills her but if, she survives that is more horrifying her face is disfigured, loses her eyes and other body parts are severely burnt apart from suffering extreme pain and agony she has to undergo many surgeries, bandages and medication which require huge money which most of the victims are unable to bear and they are left to fend for themselves for these hapless acid attack victims financial assistance, free medication and cosmetic surgeries and rehabilitation becomes all the more necessarythen, these days girls belonging to poverty stricken families of rural areas and tribals areas are lured and trafficked to urban areas by showing them dreams of good life and employment opportunities and are sold to so called placement agencies who further sell them to people for household chores and for forced prostitution even if, police rescue them these unfortunate girls and women also require rehabilitation and other welfare measures this bill also seeks to set up a national abused and attacked girls and women rehabilitation and welfare fund for the victims of acid attack, sexually abused and trafficked girls and women apart from providing other welfare and rehabilitation measureshence this billnew delhi;ramesh pokhriyal 'nishank'march 31, 2017 financial memorandumclause 3 of the bill, provides for the rehabilitation and welfare measures for the girls and women clause 4 provides for the establishment of a fund with initial corpus of rupees thirty thousand crore by the central government clause 6 makes it mandatory for the central government to provide adequate funds for carrying out the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees twenty five thousand crore may involve as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of rupees twenty thousand crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of normal character———— a billto provide for the rehabilitation measures to be undertaken and payment of adequate compensation by the central and state governments to the victims of acid attacks, sexually abused or raped and trafficked girls and women from weaker sections and tribal and rural areas pushed for working as domestic maids or into flesh trade by the placement agencies, pimps and traffickers and for making it mandatory for the state to bear all costs of treatment including cosmetic and other requisite surgeries for all such victims and for matters connected therewith or incidental thereto————(dr ramesh pokhriyal 'nishank', mp)

Parliament_bills

0ae8f098-2b3b-5758-ad12-a1ee19bd969f

bill no 97 of 2016 the heritage cities and sites development bill, 2016 by shri shrirang appa barne, mp a billto provide for the development of heritage cities and sites in the country and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means a state government or a union territory administration, as the case may be;5(b) "heritage city or heritage site" means a city or site which has been, or may be, from time to time, declared by the united nations organisation or any other international organisation or the central government as the city or site having special cultural or physical significance;(c) "fund" means the heritage cities and sites development fund constituted under section 3; and(d) "prescribed" means prescribed by rules made under this act10 3 the central government shall constitute a fund to be known as the heritage cities and sites development fund for the development of heritage cities and sites in the countryheritage cities and sites development fund4 the fund shall be utilised for—utilization of fund(i) development of heritage cities and sites;15(ii) creating necessary infrastructure for promotion and development of tourism in heritage cities and sites; and(iii) providing necessary transport facilities to reach the heritage cities and sites205 (1) the central government shall constitute a committee to be known as heritage cities and sites development committee, to be headed by a chairperson and consisting of such number of members, as may be prescribed, to administer the fundconstitution of heritage cities and sites development committee(2) the salary and allowances payable to and other terms and conditions of service of chairperson and members shall be such as may be prescribedpower to make rules257 (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; however, that any such modification or annulment shall be without prejudice to the validity if anything previously done under that rule statement of objects and reasonsour country is a very ancient country and is a conservation of innumerable historical cities and sites of heritage value a majority of these cities and sites are in a dilapidated condition and requires urgent refurbishment many of these cities have been declared as heritage cities by united nations organisation but they do not have any development worth naming in fact, from time to time central government also declares many cities and sites as heritage cities and sites but their declaration are only in paper and no real development has been noticed as such if these cities are developed it would not only bring considerable revenue by way of tourism but also can inculcate the importance of these sites in the minds of our youth needless to say it would create ample employment opportunities for our youth therefore, it is proposed to set up a fund for development of heritage cities and sites in the countryhence this billnew delhi;shrirang appa barnemarch 9, 2016 financial memorandumclause 3 of the bill seeks to provide for the constitution of a fund for the development of heritage cities and sites clause 6 provides for the constitution of the heritage cities and sites development committee the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees ten thousand crore would involve from consolidated fund of indiaa non-recurring expenditure of about rupees five thousand crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of 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 development of heritage cities and sites in the country and for matters connected therewith————(shri shrirang appa barne, mp)gmgipmrnd—5352ls(s3)—25042016

Parliament_bills

c1e1c90a-2e2e-5c93-b593-ba272f596040

bill no xvii of 2012 the constitution (amendment) bill, 2012 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:— 1 (1) this act may be called the constitution (amendment) act, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint52 for article 220 of the constitution, the following article shall be substituted, namely:—substitution of article 220"220 no person who, after the commencement of this constitution, has held office as a permanent judge or an additional judge of a high court shall plead or act in any court or before any authority in india except the supreme court and the other high courts"3 after article 220 of the constitution, the following article shall be inserted, namely:—10restriction on practice after being a judge insertion of new article 220a restriction on holding of offices after being a judge"220a no person who, after the commencement of this constitution, has held office as a permanent judge or an additional judge of a high court shall be eligible for further office either under the government of india or under the government of any state after he has ceased to hold office" statement of objects and reasonsour constitution contained various safeguards to ensure the independence of high court judges when they are in office it does so for permanent judges even after their retirement as proposed in seventy-second law commission report titled, "restriction on practice after being a permanent judge" under the chairmanship of shri hr khanna but it provides none for this very independence of additional judges of high courts, in so far as it may be affected by prospects after their retirement article 220 of the constitution is only applicable to persons who have been permanent judge of a high court it is essential that restriction on practice and prohibition as to holding of offices after retirement should also apply to a person who has worked as an additional judge of a high court in india it has happened that a person working as an officiating additional judge of a high court, started practicing in that very high court where he was once an additional judge even before his resignation was accepted in conformity with article 217 (1) (a) of constitution appropriate provisions exist in the constitution which debar the comptroller and auditor general of india and the members of the union and state public service commissions from employment by the unions or the state governments after their retirement but such provision do not exist in case of judges of high courts where similar considerations do not apply the explanation to article 220 excludes the high court of delhi from its purview, this amendment also aims to bring delhi high court under the ambit of article 220the law commission has also testified that the existing provisions are not satisfactory and can severely affect the independence of the judiciary therefore, the proposed amendments are required to ensure and strengthen the judicial independence which is absolutely necessary for enforcing the rule of lawhence, the billtarun vijay annexure extract from the constitution of india 220 no person who, after the commencement of this constitution, has held office as a permanent judge of a high court shall plead or act in any court or before any authority in india except the supreme court and the other high courtsrestriction on practice after being a permanent judgeexplanation—in this article, the expression "high court" does not include a high court for a state specified in part b of the first schedule as it existed before the commencement of the constitution (seventh amendment) act, 1956 ———— a billfurther to amend the constitution of india————(shri tarun vijay, mp)gmgipmrnd—1027rs (s3)—11052012

Parliament_bills

ec79747c-790a-5c25-ab1a-8d06b85597ed

bdi no 7 of 1977 the tamil nadu appropriation bill, 1977 it billto authn,ise payrmpft am appropriation of certain /tirther sums from and out of the consolidated fund of the slate of ta",il nl1du lor the services of the financial year 1976-77 be it enacted by parliament in the twenty-eighth year 'of the ropubjie of india as follows :-1 this act may be caued the tamil nadu appropriation act, 1977 short tide 1 from and out of the consolidated fund of the state of tamil nadu lue of s there may be paid and applied sums not exceeding those specified in ~1~~84;!7000 column 3 of the schedule amounting in the aggregate to the sum of one of the coilloii-hundred and fifty-four crores, eighty-four lakhs and fifty-two thousand rupees ~'1'::t of towards defraying the severaf charges which wil1 come in course of payment t;nil,nfu during the financial year 1976-77, in respect of the services specified· in yea; 1971~lal 10 column 2 of the schedule 3 the sums authorised to be paid and applied from and out of the appropriation consolidated fund of the state of tamil nadu by this act shall be appropriated for the service!! and purposes expressed in tbe schedule in relation to the said year 1 3 2 suml not exceedill8 services and purposes no of vote voted by cbaracd on the total parliament consolidated fund rs rs rs 34,52,000 11,000 34,63,000 land revenue department revenue 2 7,38,000 7,38,000 10 state excise department · revenue 3 motor vehicles acts-administration revenue 11,33,000 11,33,000 4 85,37,000 22,000 85,59,000 general saiei tax and other taxes and duties-administration revenue 6 19,78,000 19,78,000 roailtration · revenue 8 1,75,78000 1,7578,000 is elections · · · revenue 9 2,02,55,000 26,51,fjoo 2,29,06,000 head or state, ministers and headquarters staff revenue 11 52,80,000 86,()()(j 53,66,000 district administration · revenue 12 administration of the 'l"m'lil nadu hindu religious and charitable end~ act wi - - revenue 6,10,000 33,000 6,43,000 13 33,47,000 !j,?6,fjoo 37,23,000 20 administration of justice , · · ilevenue 14 33,24,000 33,24,000 jails · · · · · revenue 15 1,93,04,000 81;,000 1,93,90,000 police · · · · · · · revenue 17 17,45,33,000 17,45,33,000 education · · · · · · · revenue 18 6osoo0!j0 '" , 6,03,00,000 medical · · · · · - - · revenue 19 public health · · · · · · re¥ellue 20 14,68,03,000 1,010 14,68,04,000 25 16,000 16,000 aaricultiir · · · · · revenue 22 2,00,23,000 2,00,23,000 animal husbandry - · - · - - - reyenue 23 66,76,000 66,76,000 co-operation - · · · · · · · revenue 24 1,000 2j,ooo 22,000 industries · · · · · · · revenue 2j cinchona · · · · · · · · revenue 26 8,18,000 8,18,000 30 3,43,65,000 3,43,65,000 haadlooms and textiles · · · · · · revenue 27 1164000 ij,64,ooo khacli · · · revenue 28 community 1)eveiopmeat prdjicts etc · rnenue 29 labour indudidc factories revenue 30 social welfare · · revenue welfare ~r ·the scheduled tribes and castes, etc revenue 31 33 4,65,60,000 6,'00 4,65,66,000 42,57,000 42,57,000 53,38,000 53,38,000 35 1,54,31,000 411,000 1,54,79,000 1,74,65,000 7,000 1,74,72,000 housinl · revenue no services and purposes sums not exceed in, or vote voted by charpd on the total parliament consolidated fund rs rs ri 34 urban de\'eiopment revenue 48,,,,000 48,44,000 35 civil supplies revenue 34,23,000 19,010 34,42,000 36 irription revenue 3,50,88,000 15,000 3,51,03,000 10 37 public works-buildinp revenue 96,28,000 9,71,000 1,05,99,000 38 public works-establishment and tools and plant revenue 1,35,39,000 1,35,39,000 39 roads and bridaes revenue 9,10,76,000 ~,ooo 9,10,80,000 41 relier on account or natural calamities revenue 84,47,000 " 84,47,000 42 pmsions and other retirement benefits revenue 2,64,53,000 51,90,000 3,19,43,000 15 43 miscellaneous revenue 5,000 " 5,000 44 stationery and printing revenue 39,38,000 5/,oan 39,89,000 45 forest department - revenue 39,21,000 0 39,21,000 46 compensation and assianments rewnuc 1,03,77,000 1,03,77,000 47 compensation to zamiadars · capital 92,00,000 92,00,000 20 49 capital outlay on alriculturc , capital 5,000 l,poo 12,000 50 capital outlay on industrial development capital 3,98,94,000 i,is,odo 4,03,39,000 51 capital outlay on irription capital 3,50,10,000 3,50,10,000 52 capital outlay oil public works-buidinp · , capital 56,16,000 26,19,000 82,35,000 53 capital outlay on roads and bridps capital 1,71,26,000 1,71,26,000 25 54 capital outlay od road traqsport·services and shippin, capital 1,000 1,000 55 capital outlay on fonst · · capital 27,67,01» 27,67,000 56 miscellaneous capital outlay capital 6,6251,000 /,11,000 664,28,000 57 loans and advances by the state government · · capital 5294,11,000 529411,000 i i total 153,53,06,000 ' 1,31,46,000 154,8452,000 -this bill is introduced in pursuance of article 204( 1) of the constitution of india read with article 205 ther'eof, and the proclamation issued under article 356 of the constitution in respect of the state of tamil nadu on the 31st january, 1976 to provide for the appropriation out of the consolidated fund of the state of tamil nadu of the moneys required to meet the supplementary expecditure charged on the consolidated fund of the state of tamil nadu and the grants made by the lok sabha for expenditure of the government of tamil nadu, for the financial year 1976-77 h m patel l'r1!sldest's recommendation under article 207 of the constinjtion of indiarcopy of ic'lter no f 5(28)-b(s)/77, dated the 28th march, 1977 from shri h m patel, minister of finance to the secretary-general, lok sabha] the vice-president acting as president, having been informed of the subjecl-matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of tamil nadu for the services of the year ending on the 3ist day of march, 1977, recommends under clauses (1) and (3) of article 207 of the constitution read with clause (2) of article 205 thereof and the proclamation dated the 31st january, 1976 issued under article 356, the introduction of the tamil nadu appropriation biji, 1977 in lok sabha and also the consideration of the bill 2' the bill wid be introduced in lot sabha after all the suppleml!ntary demands for grants for 1976-77 have been voted a billto authorise payment and appropriation of certain further sums from and qut of the consolidated fund of the state of tamil nadu for the services of the financial year 1976-77 (shri h m patel, minister of finance)

Parliament_bills

6585297c-5e45-5dce-a629-ab71f9c668e4

bill no 86 of 2017 the aadhaar (targeted delivery of financial and other subsidies, benefits and services) amendment bill, 2017 byshri balka suman, mp a billto amend the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016be 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 aadhaar (targeted delivery of financial and othersubsidies, benefits and services) amendment act, 20175(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 (hereinafter referred to as the principal act),—amendment of section 218 of 201610(a) in clause (g), for the words "iris scan, or such other biological attributes ofan individual as may be specified by regulations", the words "and iris scan" shall be substituted; and(b) in clause (k), the words ,"as may be specified by regulations" shall be omitted3 after section 3 of the principal act, the following section shall be inserted, namely:—insertion of new section3a"3a notwithstanding anything contained in section 3, every resident shall have the option to discontinue as a holder of an aadhaar number:discontinuation of an aadhaar number5provided that if an individual who opts to discontinue as a holder of aadhaar number, such individual shall be entitled and permitted to have his aadhaar number deleted from the central identities data repository and on such deletion, all his data including the demographic and biometric information as well as all his authentication records shall be destroyed forthwith and a certificate to that effect shall be issued by the authority within fifteen days from the making of such request"10a m e n d m e n tof section 74 in section 7 of the principal act, in the proviso, after the words "assigned to an individual", the words "or if an individual chooses not to opt for enrolment or have opted to discontinue as a holder of an aadhaar number" shall be inserted5 in section 8 of the principal act, —a m e n d m e n t of section 8(a) in sub-section (2), in clause (a), the words "in such manner as may be specified by regulations" shall be omitted; and15(b) in sub-section (4), after the words "such identity information", the words"respecting the privacy of the individual" shall be inserted6 in section 23 of the principal act,—amendment of section 2320(a) in sub-section (3), in clause (a), the words "or other agencies" shall be omitted; and(b) in sub-section (4), for the words "on such allowances or remuneration and terms and conditions as may be specified by contract", the words "after a fair tendering process conducted by the authority" shall be substitutedamendment of section 287 in section 28 of the principal act, in sub-section (3), the words "or regulationsmade thereunder" shall be omitted258 in section 29 of the principal act,—amendment of section 29(a) in sub-section (1), for the words "no core biometric information, collected or created under this act,", the words "notwithstanding anything contained in this act or any other law for the time being in force, no core biometric information, collected or created under this act," shall be substituted; and30(b) in sub-section (3), for clause (b), the following clause shall be substituted, namely:—"(b) disclosed further for any purpose"9 in section 33 of the principal act,—amendment of section 3335(a) in sub-section (1), in the proviso, after the word "authority", the words"and permission from the individual whose data is to be disclosed" shall be inserted; and(b) in sub-section (2),—(i) for the words "national security", the words "public emergency or in the interest of public safety" shall be substituted; and40(ii) in the first proviso, after the words "oversight committee consisting of", the words "the central vigilance commissioner or the comptroller and auditor-general and" shall be inserted10 in section 54 of the principal act, in sub-section (2),—amendment of section 54(a) in clause (a), the words ''the biometric information under clause (g) and the demographic information under clause (k), and" shall be omitted; and(b) clause (f) shall be omittedamendment of section 57511 in section 57 of the principal act, after the first proviso, the following provisoshall be inserted:—10"provided further that where the security and confidentiality of identity information collected under this section is compromised because of a lapse attributable to the entity requesting such information, such entity shall be liable to be dealt with in accordance with the provisions of section 37" statement of objects and reasonsaadhaar is a twelve digit number that serves as a unique identifier for indian citizens and residents it was introduced in 2010, with the intentions of making subsidy and benefit deliverance more effective and eliminate leakages in the process the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 has been enacted with a view to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the consolidated fund of india, to individuals residing in india through assigning of unique identity numbersthe recent notification by the government mandating the possession of an aadhaar number for receiving benefits for various schemes covered by the direct benefit transfer programme has created a furore reports from the states of gujarat, jharkhand, andhra pradesh and other states describe the exclusion of genuine beneficiaries because of problems with the aadhaar records and authentication issues, besides technological and infrastructural failuresaadhaar may involve certain issues, such as security and confidentiality of information, imposition of obligation of disclosure of information so collected in certain cases: impersonation by certain individuals at the time of enrolment for issue of aadhaar; unauthorised access to the central identities data repository (cidr); manipulation of biometric information; investigation of certain acts constituting offence; and unauthorised disclosure of the information collected for the purpose of issue of aadhaarin 2012, justice a p shah committee enumerated a large number of principles which the aadhaar legislation must follow to make it privacy-compatible the supreme court reaffirmed an earlier ruling from 2013, stating that aadhaar can only be a voluntary decision of the individual and that as long as a person is eligible to avail benefits and subsidies, the government cannot deny them those benefits and subsidies because on the basis that they do not have an aadhaar card despite this ruling, the union government decided to push through with these movesaadhaar shall be used voluntarily and not mandatory every individual must have the flexibility to opt out of aadhaar the current legislation does not allow the room for manoeuver to somebody to either opt out of aadhaar or somebody who does not desire an aadhaar number there are also strong apprehensions on the issue of privacy and national security relating to misuse and mishandling of information in the aadhaar numberhence this billnew delhi;balka sumanapril 11, 2017 annexureabstract from the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016(18 of 2016)| | | | | | ||--------------|------|------|------|------|-----|| definitions | | | | | || 2 | | | | | || | | | | | |(g) "biometric information" means photograph, finger print, iris scan, or such other biological attributes of an individual as may be specified by regulations;| | | | | | ||------|------|------|------|------|-----|(k) "demographic information" includes information relating to the name, date of birth, address and other relevant information of an individual, as may be specified by regulations for the purpose of issuing an aadhaar number, but shall not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history;| | | | | | ||------|------|------|------|------|-----|3 (1) aadhaar number(3) on receipt of the demographic information and biometric information under sub-section (1), the authority shall, after verifying the information, in such manner as may be specified by regulations, issue an aadhaar number to such individual| | | | | | ||------|------|------|------|------|-----|7 the central government or, as the case may be, the state government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the consolidated fund of india, require that such individual undergo authentication, or furnish proof of, possession of aadhaar number or in the case of an individual to whom no aadhaar number has been assigned, such individual makes an application for enrolment:proof of aadhaar number necessary for receipt of certainsubsidies,benefits and services, etcprovided that if an aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service| | | | | | ||------|------|------|------|------|-----|| 8 | | | | | || | | | | | |(2) a requesting entity shall—authentication of aadhaar number(a) unless otherwise provided in this act, obtain the consent of an individual before collecting his identity information for the purposes of authentication in such manner as may be specified by regulations; and (4) the authority shall respond to an authentication query with a positive, negative or any other appropriate response sharing such identity information excluding any core biometric information 23 powers and functions of authority(3) the authority may,—(a) enter into memorandum of understanding or agreement, as the case may be, with the central government or state governments or union territories or other agencies for the purpose of performing any of the functions in relation to collecting, storing, securing or processing of information or delivery of aadhaar numbers to individuals or performing authentication; (4) the authority may engage such consultants, advisors and other persons as may be required for efficient discharge of its functions under this act on such allowances or remuneration and terms and conditions as may be specified by contract28 security andconfidentiality of information(3) the authority shall take all necessary measures to ensure that the information in the possession or control of the authority, including information stored in the central identities data repository, is secured and protected against access, use or disclosure not permitted under this act or regulations made thereunder, and against accidental or intentional destruction, loss or damage29 (1) no core biometric information, collected or created under this act, shall be— restriction on sharing information(3) no identity information available with a requesting entity shall be—(a) (b) disclosed further, except with the prior consent of the individual to whom such information relates disclosure of information in certain cases33 (1) nothing contained in sub-section (2) or sub-section (5) of section 28 or subsection (2) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made pursuant to an order of a court not inferior to that of a district judge:provided that no order by the court under this sub-section shall be made without giving an opportunity of hearing to the authority(2) nothing contained in sub-section (2) or sub-section (5) of section 28 and clause (b)of sub-section (1), sub-section (2) or sub-section (3) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made in the interest of national security in pursuance of a direction of an officer not below the rank of joint secretary to the government of india specially authorised in this behalf by an order of the central government:provided that every direction issued under this sub-section, shall be reviewed by an oversight committee consisting of the cabinet secretary and the secretaries to the government of india in the department of legal affairs and the department of electronics and information technology, before it takes effect:provided further that any direction issued under this sub-section shall be valid for a period of three months from the date of its issue, which may be extended for a further period of three months after the review by the oversight committee 54 (1) power of authority to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the biometric information under clause (g) and the demographic information under clause (k), and the process of collecting demographic information and biometric information from the individuals by enrolling agencies under clause (m) of section 2; (f) the procedure for authentication of the aadhaar number under section 8; 57 nothing contained in this act shall prevent the use of aadhaar number for establishing the identity of an individual for any purpose, whether by the state or any body corporate or person, pursuant to any law, for the time being in force, or any contract to this effect:act not to prevent use of aadhaar number for other purposes under lawprovided that the use of aadhaar number under this section shall be subject to the procedure and obligations under section 8 and chapter vi ———— a billto amend the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016————(shri balka suman, mp)gmgipmrnd—625ls(s3)—24-06-2017

Parliament_bills

b6b0f2ad-07a8-5aa4-b6db-683e69784d95

bill no xi of 2018 the ancient monuments and archaeological sites and remains (amendment) bill, 2018 a billfurther to amend the ancient monuments and archaeological sites and remains act, 1958be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the ancient monuments and archaeological sites andremains (amendment) act, 2018short title and commencement(i) in clause (db) after the words "not below the rank of", the words"superintending archaeologist or" shal be inserted(ii) for clause (dc), the following shall be substituted namely:—51015"(dc) 'construction' means any erection of a structure or a building, including any addition or extension thereto either vertically or horizontally, but does not include any re-construction, repair and renovation of an existing structure or building, or, construction, maintenance and cleansing of drains and drainage works and of public latrines, or private latrines within an existing house constructed prior to 16th day of june, 1992 or constructed after 16th day of june 1992 as per permission or licence granted by the central government or director- general or the competent authority, as the case may be, urinals and similar conveniences, or, the construction and maintenance of works meant for providing supply of water for public, or, the construction or maintenance, extension, management for supply and distribution of electricity to the public or bridge over rivers, canals or drains, railway line, or, widening, or, relaying of existing roads and pathways, or, construction of roads, fly-overs, or, construction of under bridge, or, laying of piped, or, open drains to restrain river pollution, or, laying of railway line, or, creation of surface parking, or, such works fall within the overall definition of infrastructure development for the benefit of public or provision for similar facilities for public;"203 on and from the 15th day of october, 1959, after section 3 of the principal act, the following section shall be inserted, namely:—insertion of new section 3a7 of 19042571 of 195137 of 195630"3a the ancient monuments and archaeological sites and remains, which had been declared as protected under the ancient monuments preservation act, 1904 but could not be declared protected under the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 or by section 126 of the states reorganisations act, 1956 to be of national importance, but are still under the care and maintenance of the central government, shall be deemed to be ancient monuments and historical monuments or archaeological sites and remains as if declared to be of national importance for the purpose of the principal act:certain ancient monuments, etc declared protected under the ancient monuments preservation act, 1904provided such monuments and archaeological sites and remains have not been declared protected by the states under the respective acts" 4 on and from the 16th day of june, 1992, in section 4a of the principal act,—amendment of section 4a(i) for sub section (1), the following shall be substituted, namely:—35"(1) the central government shall, in consultation with the authority, prescribe the ancient monuments or archaeological sites and remains, declared to be of national importance as per sections 3 and 4 of the principal act under categories 1, 2 and 3, and while placing them under each of the categories it shall have regard to the historical archaeological, architectural and artistic value and such other factors as may be relevant for the purpose of such categorisation"40(ii) in sub-section (2) for the words 'on the recommendation of the authority', the words 'in consultation with the authority' shall be substituted 5 on and from the 15th day of october, 1959, after section 6 of the principal act, the following shall be inserted, namely:—insertion of new section 6a45preservation of protected monument not covered under agreement6a (1) no person, including the owner or occupier or a protected monument, not covered by any agreement signed between the central government and the owner or occupier, shall construct any building within the protected monument or carry out any mining, quarrying, excavating, blasting or levy any fee for entry into or any other operation of a like nature in such area or utilize such area or part thereof in any other manner without the permission of the central government505(2) the central government may, by order, direct that any building constructed by any person, including the owner or occupier, at the protected monument or part thereof in contravention of sub-section (1) shall be removed within a specified period and, if the person refuses or fails to comply with the order, the collector may cause the building to be removed and the person shall be liable to pay the cost of such removal(3) the central government may, by order, direct any person, including the owner or occupier, who has indulged in any of the activities in contravention of sub-section (1) to stop such activity forthwith and if he fails to comply with the order, the collector may cause such activity to be stopped106 on and from the 16th day of june, 1992, in section 20a of the principal act, or sub-section (1) the following shall be substituted, namely:—amendment of section 20a"(1) every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred meters in all directions shall be prohibited area in respect of protected area or protected monument categorized by the central government under category-115(2) every area, beginning at the limit of protected area or protected monument, as the case may be, and extending to a distance of fifty meters in all directions shall be the prohibited area in respect of protected site or protected monument categorized by the central government under category-220(3) every area, begining at the limit of protected area or protected monuments, as the case may be, and extending to a distance of twenty five meters in all directions shall be the prohibited area in respect of protected site or protected monument categorized by the central government under category-325amendment of section 20b7 on and from the 16th day of june, 1992, in section 20b of the principal act, after the words in respect of every ancient monument and archaeological site and remains the words irrespective of the category prescribed by the central government shall be inserted8 on and from the 16th day of june, 1992, in section 20e of the principal act for sub-section (1) the following shall be substitute, namely:—amendment of section 20e30"(1) the competent authority, in consultation with heritage experts or registered expert heritage bodies, shall prepare heritage bye-laws in respect of each protected monument and protected area" 9 on and from the 16th day of june, 1992, in section 20f of the principal act, the first proviso of sub-section (3) shall be omitted35amendment of section 20f amendment of section 20 i10 on and from the 16th day of june, 1992, in section 20 i of the principal act, in sub-sections (a) and (b) for the words 'make recommendations the words 'provide assistance and advice' wherever they occurs shall be substituted11 on and from the 16th day of june, 1992, for section 20k of the principal act, the following shall be substituted, namely:—amendment of section 20k4045"(20k) on ceasing to hold office, the chairperson or whole-time member of the authority, as the case may be, subject to the provisions of this act, shall not accept further employment (including as consultant or expert or otherwise) in any agency or organisation of any nature mainly dealing with archaeology, country and town planning, architecture, heritage and conservation-architecture or whose matters had been before the chairperson or such member without the prior approval of the central government and in all such cases the decision of the central government shall be final and binding" 12 in section 30 of the principal act, in clause (1)—amendment of section 30(i) in sub-clause (i) after the word 'imperils' the words 'encroaches, excavates or constructs' shall be inserted(ii) in sub-clause (iv) after the words 'does any act in contravention of' the words, bracket and figures 'sub-section (1) of section 6a and' shall be insertedamendment of section 39571 of 1951 37 of 195613 in section 39 of the principal act, in sub-section (2) after the words 'before the commencement of this act' the words 'or the ancient and historical monuments and archaeological sites and remains which could not be declared to be of national importance due to oversight in the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 or the reorganisation act, 1956 shall be inserted statement of objects and reasonsthe parliament had enacted the ancient monuments and archaeological sites and remains act, 1958 on 28th august, 1958 to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects after repealing the ancient and historical monuments and archaeological sites and remains (declaration of states reorganisation) act, 1951 and section 126 of the state reorganisation act, 1956 subsequently, the parliament passed an act to further amend the ancient monuments and archaeological sites and remains act, 1958 on 29th march, 2010 to define prohibited area and regulated area of the protected monuments and archaeological sites, declared to be of national importance, imposing restrictions on modern constructions in the defined prohibited area and regulated area and to make provision for validation of certain actions taken by the central governmentas per section 2 (db) inserted by the amendment and validation act of 2010, the functions of the competent authority could be performed only by an officer of the rank of director or commissioner of archaeology of the central or state government this provision has made the appointment of competent authority fairly complex since the central government in most of the cases does not have in place officers of the rank of director or commissioner of archaeology and under compulsion has no option than to nominate director of archaeology or commissioner of the state governments to perform the functions of competent authority since the directors of archaeology or commissioners nominated as competent authority by the central government are burdened with their own responsibilities the work of competent authority suffers badlyafter the amendment and validation act of 2010 came in to force the people having built up properties in the prohibited area and regulated area of protected monuments throughout the country are facing acute problem since they cannot undertake reconstruction or additions and alterations of their houses located in the prohibited area because of blanket prohibition imposed the problem is common to urban as well as rural areas because in a minimum area of 10000 sq m of a protected monument (even if the area of protected monument is assumed as naught) nobody can carry out any construction, except repairs, irrespective of category or significance of an ancient monument or archaeological site, declared protected, which vary from a grave, small tomb, a rock-sculpture to an ancient monuments, as significant as taj mahal or ajanta caves or red fort the problem has assumed gigantic proportion because sometimes the entire village of a locality is subsumed within the prohibited area of the protected monument or archaeological site, irrespective of its historical, archaeological or architectural valuethe amendment and validation act of 2010 does contain a provision of categorization of monuments, as per section 4a, to be undertaken on the basis of their historical, archaeological and architectural value but, the difficulty is that the minimum distance prescribed for the prohibited area is one hundred meters where no construction activity could be undertaken, even if the area is inhabited from a period much before the monument was declared protected by the central government the owners of the houses located in the prohibited area may only carry out repairs and not any addition and alteration, expansion or reconstruction even if the house has outlived its age and is likely to collapse anytime in hilly or undulating area, the problem is much more grave because for arriving at the prohibited area, crow-fly distance from the monument is measured which in most of the cases covers an entire village or town even though the monument and the house concerned are located at different altitudes and the construction activity is not likely to affect the visibility of the monument even remotely further, this prohibition on construction activities has badly affected a large number of infrastructure projects relating to construction of roads, bridges, fly-overs, laying of railway lines, over-bridges and under-bridges, under-passes expansion of railway stations, river-front development, laying of open or piped drains along the rivers to make them pollution free, etc which are basically aimed to provide facilities to publicthere are a large number of monuments which had been protected originally under the ancient monuments and preservation act, 1904 but due to oversight some of them could not be brought under the ambit of the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 and section 126 of the state reorganisation act, 1956 irony is that many of such monuments are still being maintained by the central government in view of their historical, archaeological and artistic importance but legally, these have lost the tag of ancient monument or archaeological sites and remains of national importance as per section 3 of the ancient monuments and archaeological sites and remains act, 1958 since the acts of 1904, 1951 and 1956 have been repealedsection 6 of the act of 1958 provides for agreement between the central government and the owner or occupier of protected monument for maintenance including restrictions on owner's rights upon use, levying fee, construction, etc but, the bare fact is that most of the protected monuments are not covered under any agreement signed between the owner or occupier and the central government in such a situation, if the owner or occupier or someone else encroaches upon, excavates or undertakes construction at the protected monument there is no direct provision in the act of 1958 under which action could be taken by the central government, contrary to protected archaeological sites and remains this is a major reason why the removal of encroachments, stopping excavations or removal of construction and alike activities at the protected monuments without the permission of central government is difficultsection 20e of the amendment and validation act of 2010 provides for preparation of heritage bye-laws in consultation with indian national trust for arts and cultural heritage or other notified expert heritage bodies but, this process is so cumbersome that the competent authorities have not been able to prepare the heritage bye-laws of even a handful of monuments and archaeological sites and remains even after a lapse of more than seven years the provision hence requires to be eased by authorizing the competent authorities to seek consultation with heritage experts and expert heritage bodies, as per convenience, to expedite the process of preparation of heritage bye-laws for each protected monument and archaeological site and remainsthe provision under section 20f debarring the officials of archaeological survey of india or ministry of culture of the government of india or a state government to be eligible to hold the office of chairperson or whole-time members, who are otherwise well conversant with the subject matter is unreasonable and discriminatory because their expertise and rich experience cannot be availedfurther, making the person(s) who has held the post of chairperson or whole-time member of the authority ineligible for five years from the date on which he ceases to hold the office for further employment (including as consultant or expert or otherwise) in any institution, agency or organization of any nature mainly dealing with archaeology, country and town planning, architecture, heritage and conservation-architecture or whose matter had been before the chairperson or such member is not only discriminatory but a major deterrent for attracting competent persons to hold the office of chairperson or whole time member because many of them may not wish to become ineligible for future employment as consultant or expert in any institution, agency or organization of any nature dealing with archaeology, country and town planning, architecture, heritage and conservationarchitecture for five years the provision under the section has thus been proposed for omissionhence this billsambhaji chhatrapati financial memorandumthe bill, if enacted, shall not cause any financial burden on the consolidated fund of india since it would be possible to nominate the superintending archaeologists of the archaeological survey of india under the central government as competent authorities, already in place in each state annexure extracts from the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958) 2 definitions—in this act, unless the context otherwise requires,— (db) "competent authority" means an officer not below the rank of director of archaeology or commissioner of archaeology of the central or state government or equivalent rank, specified, by notification in the official gazette, as the competent authority by the central government to perform functions under this act:provided that the central government may, by notification in the official gazette, specify different competent authorities for the purpose of sections 20c, 20d and 20e;(dc) "construction" means any erection of a structure or a building, including any addition or extention thereto either vertically or horizontally, but does not include any re-construction, repair and renovation of an existing structure or building, or, construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences, or, the construction and maintenance, of works meant for providing supply of water for public, or, the construction or maintenance extension, management for supply and distribution of electricity to the public or provision for similar facilities for public;] [4a categorisation and classification in respect of ancient monuments or archaeological sites and remains declared as of national importance under sections 3 and 4—(1) the central government shall, on the recommendation of the authority, prescribe categories in respect of ancient monuments or archaeological sites and remains declared as of national importance under sections 3 and 4, and while prescribing such categories it shall have regard to the historical, archaeological and architectural value and such other factors as may be relevant for the purpose of such categorisation(2) the central government shall, on the recommendation of the authority, classify all the ancient monuments or archaeological sites and remains declared as of national importance under sections 3 and 4, in accordance with the categories prescribed under sub-section (1) and thereafter make the same available to the public and exhibit the same on its website and also in such other manner as it may deem fit] 20a declaration of prohibited area and carrying out public work or other works in prohibited area— (1) every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred metres in all directions shall be the prohibited area in respect of such protected area or protected monument:provided that the central government may, on the recommendation of the authority, by notification in the official gazette, specify an area more than one hundred metres to be the prohibited area having regard to the classification of any protected monument or protected area, as the case may be, under section 4a [20b declaration of regulated area in respect of every protected monument—every area, beginning at the limit of prohibited area in respect of every ancient monument and archaeological site and remains, declared as of national importance under sections 3 and 4 and extending to a distance of two hundred metres in all directions shall be the regulated area in respect of every ancient monument and archaeological site and remains:provided that the central government may, by notification in the official gazette, specify an area more than two hundred metres to be the regulated area having regard to the classification of any protected monument or protected area, as the case may be, under section 4a:provided further that any area near any protected monument or its adjoining area declared, during the period beginnig on or after the 16th day of june, 1992 but ending before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the assent of the president, as a regulated area in respect of such protected monument, shall be deemed to be the regulated area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence granted for construction in such regulated area shall, be deemed, to have been validly granted in accordance with the provisions of this act, as if this section had been in force at all material times] 20e heritage bye-laws—(1) the competent authority, in consultation with indian national trust for arts and cultural heritage, being a trust registered under the indian trusts act, 1882 (2 of 1882), or such other expert heritage bodies as may be notified by the central government, shall prepare heritage bye-lays in respect of each protected monument and protected area 20-i functions and powers of authority—(1) the authority shall exercise or discharge the following powers or functions, namely:—(a) make recommendations to the central government for grading and classifying protected monuments and protected areas declared as of national importance under sections 3 and 4, before the commencement of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010 (10 of 2010);(b) make recommendatins to the central government for grading and classifyng protected monuments and protected areas which may be declared after the commencement of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010 (10 of 2010), as of national importance under section 4;(c) oversee the working of the competent authorities; (d) to suggest measures for implementation of the privisions of this act; (e) to consider the impact of large-scale developmental projects, including publicprojects and projects essential to the public which may be proposed in the regulated areas and make recommendations in respect thereof to the competent authority;(f) to make recommendations to the competent authority for grant of permission(2) the authority shall, for the purpose of discharging functions under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examing himon oath;(b) requiring the discovery and production of documents; (c) any other matter which may be prescribed 20k restriction on future employment by chairperson and members—on ceasing to hold office, the chairperson or whole-time member of the authority, as the case may be, shall, subject to the provisions of this act, be ineligible, for a period of five years from the date on which they cease to hold office, for further employment (including as consultant or expert or otherwise) in any institution, agency or organisation of any nature mainly dealing with archaeology, country and town planning, architecture, heritage and conservationarchitecture or whose matters had been before the chairperson or such member 30 penalties—(1) whoever—(i) destroys, removes, injures, alters, defaces, imperils or misuses a protected monument, or (iv) does any act in contravention of sub-section (1) of section 19, shall be puishable with imprisonment which may extend to three months, or with [imprisonment which may extend to two years], or with [fine which may extend to one lakh rupees], or with both 39 repeals and savings—the ancient monuments preservation act, 1904 (7 of1904), shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared by or under this act to be of national importance, except as respects things done or omitted to be done before the commencement of this act rajya sabha———— a billfurther to amend the ancient monuments and archaeological sites and remains act, 1958————(shri sambhaji chhatrapati, mp)mgipmrnd—901rs(s3)—23-07-2018

Parliament_bills

2889f708-5c49-5f7c-909b-bb67dda7b2fb

bill no 182 of 2014 the payment and settlement systems (amendment) bill, 2014 a billto amend the payment and settlement systems act, 2007be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the payment and settlement systems (amendment) act,2014short title and commencementamendment of section 251 of 20072 in section 2 of the payment and settlement systems act, 2007 (hereinafter referred to as the principal act),—5(i) after clause (d), the following clauses shall be inserted, namely:–– '(da) "issuer" means a person who issues a legal entity identifier or such other unique identification (by whatever name called), as may be specified by the reserve bank from time to time;10(db) "legal entity identifier" means a unique identity code assigned to a person by an issuer for the purpose of identifying that person in such derivatives or financial transactions, as may be specified by the reserve bank from time to time;';(ii) after clause (q), the following clause shall be inserted, namely:––15'(r) "trade repository" means a person who is engaged in the business of collecting, collating, storing, maintaining, processing or disseminating electronic records or data relating to such derivatives or financial transactions, as may be specified by the reserve bank from time to time'3 in section 23 of the principal act,––amendment of section 2320 2510 of 1949 1 of 1956 18 of 201330 3510 of 1949 1 of 1956 18 of 201335 4010 of 1949 1 of 1956 18 of 201345(i) in sub-section (1), after the words "to a payment system" occurring at the end, the words "under section 7, or, such gross or netting procedure as may be approved by it under any other provisions of this act" shall be inserted;(ii) for sub-section(4), the following sub-section shall be substituted, namely:—"(4)where, by an order of a court, tribunal or authority––(a) a system participant is declared as insolvent or is dissolved or wound up; or(b) a liquidator or receiver or assignee (by whatever name called), whether provisional or otherwise, is appointed in a proceeding relating to insolvency or dissolution or winding up of a system participant, then, notwithstanding anything contained in the banking regulation act,1949 or the companies act,1956 or the companies act, 2013 or any other law for the time being in force, such order shall not affect any settlement that has become final and irrevocable prior to such order or immediately thereafter, and the right of the system provider to appropriate any collaterals contributed by the system participants towards its settlement or other obligations in accordance with the rules, regulations or bye-laws relating to such system provider";(iii) after sub-section (4), the following sub-sections shall be inserted, namely:—"(5) where an order referred to in sub-section (4) is made with respect to a central counter party, then, notwithstanding such order or anything contained in the banking regulation act,1949 or the companies act,1956 or the companies act, 2013 or any other law for the time being in force, the payment obligations and settlement instructions between the central counter party and the system participants including those arising from transactions admitted for settlement at a future date, shall be determined forthwith by such central counter party in accordance with the gross or netting procedure, as the case may be, approved by the reserve bank, while issuing authorisation or under any other provisions of this act, and such determination shall be final and irrevocable(6) notwithstanding anything contained in the banking regulation act,1949 or the companies act, 1956 or the companies act, 2013 or any other law for the time being in force, the liquidator or receiver or assignee (by whatever name called) of the central counter party, whether appointed as provisional or otherwise, shall––(a) not re-open any determination that has become final and irrevocable;(b) after appropriating in accordance with the rules, regulations or bye-laws of the central counter party, the collaterals provided by the system participants towards their settlement or other obligations, return the collaterals held in excess to the system participants concerned";5(iv) the existing explanation shall be numbered as explanation 1 thereof and after explanation 1, as so numbered, the following explanation shall be inserted, namely:––10'explanation 2––for the purposes of this section, the expression "central counter party" means a system provider who by way of novation interposes between system participants in the transactions admitted for settlement, thereby becoming the buyer to every seller and the seller to every buyer, for the purpose of effecting settlement of their transactions'4 after section 23 of the principal act, the following section shall be inserted, namely:—insertion of new section 23a15protection of funds collected from customers'23a (1) the reserve bank may, in public interest or in the interest of the customers of designated payment systems or to prevent the affairs of such designated payment system from being conducted in a manner prejudicial to the interests of its customers, require system provider of such payment system to––20(a) deposit and keep deposited in a separate account or accounts held in a scheduled commercial bank; or(b) maintain liquid assets in such manner and form as it may specify from time to time,25of an amount equal to such percentage of the amounts collected by the system provider of designated payment system from its customers and remaining outstanding, as may be specified by the reserve bank from time to time:provided that the reserve bank may specify different percentages and the manner and forms for different categories of designated payment systems30(2) the balance held in the account or accounts, referred to in sub-section (1), shall not be utilised for any purpose other than for discharging the liabilities arising on account of the usage of the payment service by the customers or for repaying to the customers or for such other purpose as may be specified by the reserve bank from time to time3510 of 1949 1 of 1956 18 of 201340(3) notwithstanding anything contained in the banking regulation act, 1949 or the companies act, 1956 or the companies act, 2013 or any other law for the time being in force, the persons entitled to receive payment under sub-section (2) shall have a first and paramount charge on the balance held in that account and the liquidator or receiver or assignee (by whatever name called) of the system provider of the designated payment system or the scheduled commercial bank concerned, whether appointed as provisional or otherwise, shall not utilise the said balances for any other purposes until all such persons are paid in full or adequate provision is made thereforexplanation––for the purposes of this section, the expressions––(a) "designated payment system" shall mean a payment system or a class of payment system, as may be specified by the reserve bank from time to time, engaged in collection of funds from their customers for rendering payment service;4510 of 1949 1 of 1934(b) "scheduled commercial bank" shall mean a "banking company","corresponding new bank", "state bank of india" and "subsidiary bank" as defined in section 5 of the banking regulation act, 1949 and included in the second schedule to the reserve bank of india act,1934'5 after section 34 of the principal act, the following section shall be inserted, namely:—insertion of new section 34a'34a (1) the provisions of this act shall apply to, or in relation to, a designated trade repository or issuer, as they apply to, or in relation to, payment systems to the extent applicable, subject to the modification that, throughout this act, unless the context otherwise requires,—act to apply to designated trade repository and issuer5(a) references to a "payment system" or "system provider" shall be construed as references to a "designated trade repository" or "issuer", as the case may be;10(b) references to "commencement of this act" shall be construed with reference to––(i) a designated trade repository, as references to the date on which a trade repository is specified by the reserve bank as a designated trade repository; and15(ii) an issuer, as references to commencement of the payment and settlement systems (amendment) act, 2014(2) the reserve bank may, on an application by a designated trade repository or otherwise, permit or direct the designated trade repository to provide such other services as are deemed necessary from time to time20explanation––for the purposes of this section, the expression "designated trade repository" shall mean a trade repository or a class of trade repositories, as may be specified by the reserve bank from time to time' statement of objects and reasonsthe payment and settlement systems act, 2007 (the said act) was enacted for the regulation and supervision of payment systems in india and to designate the reserve bank of india as the authority for that purpose and for matters connected therewith2 subsequent to the enactment of the said act, the country has witnessed orderly growth of payment systems, and these payments systems are granted authorisation on the principles of safety, security, soundness, efficiency and accessibility after the global financial crisis in 2007-08, several developments took place, driven primarily by the g20, for reforming the over the counter derivatives markets some of these new initiatives include setting up of trade repositories and legal entity identification system3 the trade repositories have emerged as a new type of financial market infrastructure and are growing in importance, particularly in the over the counter derivatives market however, there is no specific legal provision in any of the laws administered by the reserve bank of india to regulate and supervise the trade repositories in india therefore, compliance of the trade repositories with international norms needs to be ensured by the regulator through appropriate legal powers in line with the g20 commitment and the global developments, the reserve bank of india has designated the clearing corporation of india limited as a trade repository4 the global financial crisis in 2007-08 and the resultant difficulties experienced by banks and regulatory agencies to identify the complicated business ventures and to efficiently establish connections between issuers and securities brought forth the need for a standard uniform code to properly attribute over the counter derivatives activity to a party or group recognising the importance of a global identifier as a key component of necessary improvements in financial data systems, the g20 endorsed the development and maintenance of a global legal entity identifier system the legal entity identifier is a 20-character unique identity code assigned to entities which are parties to a financial transaction and would be unique across the globe currently, there is no legal provision under any of the laws administered by the reserve bank of india for regulation and oversight of the legal entity identifier issuer the reserve bank of india has selected the clearing corporation of india limited to act as a local operating unit for issuing globally compatible legal entity identifier in india the use of the legal entity identifier numbers is likely to be mandated for over the counter derivative transactions and large borrowers in a phased manner5 given the markets being served by the clearing corporation of india limited, the participating banks run significant exposures against the said corporation, in its role as central counter party hence, it is necessary to provide a sound and enforceable legal basis for "netting" of banks exposures to said corporation so that their exposure is reduced significantly the said act, though providing for netting protection and settlement finality in the event of insolvency or dissolution of system participants, does not expressly contemplate a situation which may warrant netting on account of insolvency or dissolution of the central counter party itself the proposed amendments on enforceability of netting in the event of insolvency or dissolution of the system provider would provide finality to the determination of the payment obligations and settlement instructions between a central counter party and system participants in the event of insolvency, dissolution or winding up of a central counter party6 further, there are some legal difficulties in securing the customers' interest held in escrowed accounts in the event of insolvency or bankruptcy of prepaid instruments, operators, which are required to be addressed7 the amendments to the said act have been proposed to increase transparency and stability of indian financial markets in line with globally accepted norms the payment and settlement systems (amendment) bill, 2014, inter alia, proposes:—(a) to substitute sub-section (4) of section 23 of the said act so as to provide that where by an order of the court, tribunal or authority, the system participant is declared as insolvent or is dissolved or wound up, such order shall not affect any settlement that has become final and irrevocable prior to such order or immediately thereafter;(b) to insert a new sub-section (5) in section 23 of the said act so as to provide that where an order under sub-section (4) of section 23 is made with respect to a"central counter party", the payment obligations and settlement instructions between the central counter party and the system participants shall be determined by such central counter party in accordance with the gross or netting procedure, as the case may be, approved by the reserve bank of india;(c) to insert a new sub-section (6) in section 23 of the said act so as to provide that the liquidator or receiver of the central counter party shall not re-open the determination which has become final and irrevocable and after appropriating the collateral provided by system participants towards their settlement obligations, return the excess collaterals to system participants;(d) to insert a new section 23a relating to "protection of funds collected from the customers by the payment system providers";(e) to insert a new section 34a so as to apply the said act to the designated trade repository and legal entity identifier issuer 8 the bill seeks to achieve the above objectsnew delhi;arun jaitleythe 1st december, 2014 annexure extract from the payment and settlement systems act, 2007 (51 of 2007) settlement and netting23 (1) the payment obligations and settlement instructions among the system participants shall be determined in accordance with the gross or netting procedure, as the case may be, approved by the reserve bank while issuing authorisation to a payment system 1 of 1956 10 of 1949(4) where a system participant is declared by a court of competent jurisdiction as insolvent or is dissolved or wound up, then notwithstanding anything contained in the companies act, 1956 or the banking regulation act, 1949 or any other law for the time being in force, the order of adjudication or dissolution or winding up, as the case may be, shall not affect any settlement that has become final and irrevocable and the right of the system provider to appropriate any collaterals contributed by the system participant towards its settlement or other obligations in accordance with the rules, regulations or bye-laws of such system providerexplanation—for the removal of doubts, it is hereby declared that the settlement, whether gross or net, referred to in this section is final and irrevocable as soon as the money, securities, foreign exchange or derivatives or other transactions payable as a result of such settlement is determined, whether or not such money, securities or foreign exchange or derivatives or other transactions is actually paid ———— a billto amend the payment and settlement systems act, 2007————(shri arun jaitely, minister of finance)gmgipmrnd—3334ls—05122014

Parliament_bills

9c34bdc1-2980-5d30-8487-c5fabd508f78

the nentaj health bill, 1978 (to be/as introduced in· lok sabha) , 1 page 3, line 21,-,fg£ ''psrsons'' read "persons" page 4t line 2'1-," ' ill "makwe " ~ "make" 3 page 6, line 21,-fq£ "setion" read "section" 4 page'11, line 8,-for "is" ~ "in" 5 page 11, line 34,-fer ''me dial " ~ "me dical " 6 page 12, line 43,-for "in" ~ "ill " 7 page 13, line 45, ~ for "iii" read ''ill'' 8 page 14, line 13,-:':'or "mal gstrate" r' ae: ''magi stratt:::" page 15, line 32,-, for "in-patient ti ~ "inpatient it 10 page 16, line 9,-for "in-patient" ~ "inpatient" 11 - page 16,-against line 12, in the marginal citation,-ill "30 0 f 1900" !£~ "3 of 19 q)" 12 page 16, in the marginal heading to clause 32,-for ''psychiartic- hospital )or psychiartic" ~ ''psych1a~ric hospital or psychiatric" 13 page 20, line 2, for "of the" read "of their" 14 page 20, in the marginal heading to clause 42,-after "mentally" insert ''ill'' 15 page 23, in the marginal heading to clause 50,-£2! ''psych1ajric hospital" ~­"psychiatric hospit al" 16 page 23, line sj,-for "i s " re ad ''i t " 17 page 24, line 10,-for 'magi st arate " read "l'1agistrate" 18 page 25,-against line 2, for the existing marginal citation,-read "5 of /900 it 19 page 26, lffie17,-f2!: "cour" read 19a page 26, line 35,-"court" f2£ "the re sponsi ble ii ~ "be re sponsi ble" 20 page 27, line 2,-ill "rele ase" ~ad "re alise" 21 page 31, in the marginal heading to clause 85,-for ''psychatric nursing" read --"p sychiatric rrursing" 22 page 38, line 1,-fqr "notes of clauses" read "notes on clauses" 23 page 39, line 4,-for "0 f discharge" 24 page 41, line 14, -!ql: ~ "or discharge" "friend s" ~ "friend" new delhi; nax- ~ 19z3 the mental heal th bil~) 1,978 arrangement of clauses' -- chapter i preliminary claus1 short title, extent and commencement 2 definitions chapter ii psychiatric hospitals and psychiatric ntmsinci homu3 establishment or maintenance of peycbiatrie boiipfta1s aaci psychiatric nursing homes 4 establishment or maintenance of psychiatric hospital" or p~ chiatric nursing homes only with licence 5 application for licence 6 grant or refusal of licence 7 licence not transferable or heritable 8, duration of licence 9 renewal of licence 10 licensee to maintain psychiatric hospital and psychiatric nurwtna hom~ in accordance with prelcl'ibed eonditions 11 revocation of licence 12 appeal 13 inspection of psychiatric hospitals and pychiatricnursi", hoiml and visiting of patients 14 treatment of outpatients chapter iiit\dm1s8ion ani) ditbntlon in rsychia'muc hospital oil psrchi,6lftuc nl1jt8ijiiiri rome part r admilrien em vol1m" bn1t15 application for admission as vohtntary patient 18 cost of maintenance of voluntary patient 1'7; v()luntay pauents toabidehy l'ekldattons atlpayehwrie"~' orpsyehiatric nursing homes 18 leave of absence, or discharge of voluntary pitienti part nadmission under,,~ eil"cumo:tjt,rn-e, 'i': 'yo admlsslon of rnetttan~ ill persons undftr eertin ~lpehaj drcumstancea part iii temporary trreatment orders20 temporary treatment orders 21 discharge of persons detained in psychiatric hoapital or psychiatric nursing home under temporary treatment orliers part iv reception order/! a-reception orders on applications21 application for reception order 23 form and contents of medical certificates 24 procedure upon application for reception order b-recejon order/! on production of m~ntan'y ill persons before magistrate 25 powers and duties of police officers in respect of certain mentally ill persoas 28 procedure on production of mentally ill person 27 order in case of mentally ill person cruelly treated or not under proper care and control c-admission in ~ergencies21 application for admission of mentauy ill persons in erner,en('y d-further provisions regarding admission and detention of ~f!rtain ~ntally ill persons 29 admission as inpatient after inquisition 30 admission and detention of mentally ill offender 31 detention of alleged mentally ill person pending report by medical oftlcer 32 detention of mentally ill person pending his removal to psychiatric hospital or psychiatric nursing home - -mitceuamoub p"ovis~ in re14tion to orde-rs under thia chapter 88 time add manner of medical e](amination of mentally ill pel"som 34 authority for reception order or for temporary treatment oreier is copy of temporary treatment order or reception order to be sent to medical offteer in charge restriction as to' psychiatric hospitals and psychiatric nursinl homei ijlto which temporary treatment ortler or reeeption order may direct 8'\tmhllion tlauiis37 amenc:lment of order or documents 38 power to appoint substitute for person upon whose applic:atied reception order has been made - 39 ofticers competent to exercise powers and diseharll tudctions f magistrate under certain sections chapter iv inspection, discharge, leave of absence and rddoval of 1i4i!n1auy ju persons part i inspection40 appointment of visitors 41 mqnthly in'spection by visitors 42 inspection of mentally ill offenders part ii dwchargt43 order of discharge by visitors 44 discharge of mentally ill person on applicatior 45 order of discharge on the undertaking of relativea or fria" etc, foor due care of mentally ill person 46 discharge of person on his request 47 discharge of person subsequently found on inqwition not te be of unsound mind part iii leave of abse-net48 leave of absence 49 grant of leave of absence by maiistrate t t part iv remgvgl iso :removal of mentally ill person from one psychiatric hospital or psychiatric m,lfsing home to another 51 admission, detention and 'retaking in certain casn 52 appeal from orders of magiltrate chapter v judicial tnquisltion regarding alleged mintally ill pitii8c»r pcl8lllmljiig pitopdlty, custody 0 -his person and managdant 01' lui pr~53 application for judicial inquisition 54 issues on which findjng should be given by di9trict court alter inquisition 55 provision for appointing guardian of mentally ill person aad t_ manager of property 18 appointment of cuardian of mentally ill per 57 appointment ef manaaer for manaaement of pro~rty of mental!, ill , ~ appo'intment of manager by collector sa ~9 60 61 62 63 m 65 66 67 68 69 70 71 72 73 74- 75 76 77 78 79 80 mana~ of ~roperty to execute bond remuneration of manaseri and guardiaxa duties of guardian powers of manager manager to furnish inventory and annual accounts manager's power to execute conveyances under orders of di'strict court manager to perform contracts directed by district court disposal of business premises manager may dispose of leases power to make order concerning any matter connected with mentally ill person proceeding if accuracy o£ inventory or accounts is impugned payment into public treasury and investment of proceed of estate relative may sue for accounts removal of managers and guardians dissolution and disposal of property of partnership on a member becoming mentally ill power to apply property for maintenance of mentally ill person without appointing manager in certain cases power to order transfer of stock belonging to mentally ill person in certain cases power to older transf~r of stock of mentany ill person residin out of india power to apply property for mentally ill person's maintena~ in case of temporary mental illness action taken in respec't of mentally ill person to be set aside if district court finds that his mental illness has ceased appeals power of district court to make regulations chapter vi iubility to mdt cost of maintenance of mentally ill persons detalna) in psychia'l1uc hospital or psychiatbic nursing home ·81 coat of maintenance to be borne by government in certail'l cueto a2 application of property in possession of mentally ill person found wandering sa app~ation to l;)istrict court for payment ~ cost of ~aintenance out of estate of mentally ill person or from a person leaally bound to maintain him n persons legally bound to maintain mentally ill person not absolved from s~ch liabiuty chapter vd penalties and proceduu clave85 penalty for establishment or maintenance of psychiatric ~ or psychiatric nursing home in contravention of chapter n • penalty for improper reception of mentally ill person 87 penalty for contravention of sections 63 and 72 88 general provision for punishment of other offences 89 offences by companies to sanction for prosecutions chapter viii miscellaneous91 provision as to bonds 4111 92 half yearly report by medical officer 93 pension, etc, of mentally ill person payable by government 94 legal aid to mentally ill person at state expense in certain cases 95 protection of action taken in good faith 96· construction of references to jaws not in force in jammu kashmir 97 power to state government to make rules 98 effect of act on other laws 99 power to remove diftlculty 100 repeal and saving billto consolidate and amend t1u! law relating to tne treatment am care 01 mentally in pergons, to make better provision with rapect to their property and affairs and for matters connected t~th or inei· dental thereto be it enacted by parliament in the twenty-ninth year o' the republic of india a's follows:- chapter i puuminailt1 (1) this act may be called the mental health m, 1m (2) it extends to the whole of india short title, extent an4 commencement (3) it shall come into force on such date as the central government may, by notification, appoint and different dates may be alwointed for different states and for different provisions of this act, ancl any reference 10 in any provision to the commencement of this act id - state shall be constru~d a's a reference to the coming into toilet! of &hat provision in that state z in this act, unless the context otherwise requirea,-deftn'· tion • (a) "co$t of maintenance", in relation to a mentally: ill person 15 adfllit~ in a pt;yehlaqie hospital or psychiatric nunling bmne shall mean the cost of s~h items as the state government may, by gene-1'81 or special order, specify in this behalf, and shall, unless the state government otherwise directs, include-(i) the cost of lodging boarding, clothing, medicine or any other amenity provided to such person in any psychiatric hoapltal or psychiatric nursing home and the expenditure for his treat- s nwnt and care therein: and (h) the expenditure incurred for removing such person to, or from, any psychiatric hospital or psychiatric nursing home; (b) "district court" means, in any area for which there is a city civil court, that court, and in any other area the principal civil court 10 of original jurisdiction, and includes any other civil court' which the state government may by notification specify as the court competent to deal with all or any of the matters specified in this xct: (c) "inspecting officer" means a person authorised by the state government or by the licensing authority to inspect any psychiatric 1 ~ hcrspital or psychiatric nursing home; (d) ·'lie-encl·" mearls a licence grantt·d under section 6: (e) "licensee" means the holder of a licence; (f) "licenst'd psychiatric hospital" or "licensed psychiatric nursing home" means a p~y('hlatric hospital or psychiatric nursing 10 home, as the case mav be, licenst"d, or deemed to be licensed, under ,: i)~is ~a'¢ti· ' (g) "licensing authority" means such omcer or authority al may be specified by the state government to be the 1leena1ni authority for the purposes of this act; ~s (h) "magistrate" means,-2 of 1174, (1)' in relation to a metropolitan area within the meanil'lg of clause (k) o(section 2 of the codt> of criminal procedure, 1973, a metropolitan ma~istrelte: (2) in relation to any 9ther area, the chief judicial magis- 30 frate, sub-divisional magistrate or such other magistrate of the first class as the state government may, by nottftcatiori, empower to perform the functions of a magistrate under this act; (i) "medical officer" means a gazetted medical officer in the aervice of government and includes a medical practitioner declared, by 35 a general 'o"r s~ial order of the state gdvt!tnment, to be a medjtal ofbcer for the purposes of this act; (j) "medical officer in charge" in relation to any psychlatric hospital or psychiatri~ nursing home, means the medical ofticer who, for the' time berin&is in charge of that hospital or nursin, heme; ",0 ·tk) "rdeclioal prac~ner" m'eans il perijollwhope_msh a lticioij'iiit;et'rttdteal 'qualiftdation as deaned in clause (h)otteetion 2 of the indian medical council act, 1956, and whose name bas been 102 of 1151 entered in a st,te medical register in accordance with, taeprovtsions of that act or a person whose name, has been registered in 4 -8iatemljclfcil'jtegider m'1l'ccordance with fh:e provfaioftl of any other ja\v'jiel'atlftg to ~ regimtatioriof nvwdtcal praetitionersfqrthe ·1ti1ne 'betnf::in 1ort!'ej'" ' m "menta~y ill offender" means a me~t,ally m, pe&:son for whose detention in, or removal to, a psychiatric pospual, psy~ tric nursing home, jail or other place of safe custody, ~n order rei~ to in section 30 has beenn\ade; ,i, ,f s (m)"mentally ill persorij - means a person who is 'i~ need of 'psychtatric treatment by reason of mental disorder or mental" defteiency or of any disturbance 'in his behftviour or m~ntajl ~tate and in~udes a person who has allof any ~f the clinical conditions \mqwn as py~es,psychoneuroses, pl'ycjwpathic state, addition, mental 10 sul>-normelity or psychosomatic disorder, or such other condition of the like nature as may be prescribed; (n) "minor" means a person who has nqt complcted 'h~ age of' eighteen years; (0) "notification" means a notificauonpublished in the olkial is gazette; (p) "prescribed" means prescribed by rules mllde under this ~ct; ~ i 20 (q) "psychiatric hospital" or psychiatric nursing h<?me" means a hospital or, as the cas(' may be, a nursing home established 'or, maintained by the government or any other person for the treatment and ('are of mentnliy ill psrsons and includes a convalescent home estab-ushed or maintained by the government or any other person for such mentally ill persons; ioj of llae(r) "psychiatrist" means a medical practition~r pojsessldg a post-graduate degree or diploma in psychiatry, recognised by the medical council of india, constituted under the indian medical council act, 1956, and include!;, in relation to any state, any other person wh" having regard to his knowlcdge and experience in psychiatry, has been declared by the government of that state to be a psychiatrist for the puq~oses of this act; (8) "reception order" means an order made under the provisions of this act for the admission and detention of a mentally fl1 person in a psychiatric hospital or psychiatric ntlrsin,g horne; (t) "relative" includes any person related to the mentally m 3s person by blood, marriage or adoption; (,u) "state government" in relation to a union territory means the administrator thereof; (1) '''temporary treatml'mt order" means a temporary treatmeat order passed by a magistrate under section 20 or section 21 ,( chapter·it psyciuatric hospitals and psychiatrdc nursing homes il 0) '!be 'cattral govenuneiltmay, in any part' of"lndla, or the stme·geyeraaeat y, wttilin ·tile umlts of tts jurlsdlctlon,establlsh or __ wn psytdiatrit!hespttals or psyehiatrit nursing homes 'for the ad-s ien,treatment are of 'mentally iii penons at mclt ~ j)laees as it ihbiksftt; iild separate )j8yeldatrlc' ilospltals and psyehlati:le nursing homes may be estabu or maln&abie4 '101",-<-) ,~,,: wiio are, under the age ,of eighteen yeat'l; establishment or ,maintenance of pay chiatrie h08j)ltals and plyehi atricnu ~ bojjw (b) tbosewho have been convicted of all)' ~~ • nd (c) thole belodiine to such other class or caterory of penon as may be prescribed (2) where a psychiatric hospltal or psychiatric nursing home is eetablished or maintained by the central government, any reference in thls act to the state government shall, in relation to such hospital or 5 nunba home, be construed as a reference to the central government 4 (1) on and after the commencement of this act, no person shall estabush or maintain a psychiatric hospital or psychiatric nursing home unless he holds a valid licence granted to him under this act: provided that an asylum, li~ensed by the central government or any 10 state government and maintained as such immediately before the commencement of this act, may continue to be maintained, and shall be deemed to be a licensed psychiatric hospital or licensed psychiatric nursing home, as the case may be, under this act,--bitullih· ment or ~te-\ nanceof psychiatric '''boapltall orplychiatrie nul'llinl homes only with llceuoe (4) for a period of three months from such commencement, or is (b) if an application made in accordance with section 5 for a licence is pending on the expir:v of the period specified in clause (a), till the disposal of such application (2) nothing containt>d in sub-section (1) shall apply to ::t psychiatric hospital or psychiatric nursing home established or maintained b-y the 20 central government or state government a;wuea~ tionfor uc- 5 (1) every person who holds, at the commencement of this act :-\ valid licence authorising him to establish or maintain any psychiatric hospital or psychiatric nursing home, shall, if he intends to establish or continue the maintenance of such hospital or nursing home after the expiry of the 25 period referred to in clause (a) of the proviso to sub-section (1) of section 4, makwe at lea~t one month before the expiry of such period an application to the licensing authority for the grant of a fresh licence for the establishment or maintenance of such hospital or nursing home, as the case may be 30 (2) a person, who intends to establish or maintain, after the commeneement of this act a psychiatric hospital or psychiatric nursing home, shall, unless he already holds a valid licence, make an appueation to the' 'lice'l'lsingauthntity for the grant of a licence (3) every applic3tion undeor sub-section (1) or under sub-section (z) 3' qrator retualof lkledce shall be in such form and be accompanied by such fee as may be prescribed t on receipt of an application under section 5 the licensing authority shall make such inquiries as it may deem ftt and where it i'l satisfted that-(4) the efrtablishment or maintenance of the psychiatric hospital 45 or psychiatric· nursing home or the continuance of the maintenance of any such hospital or nursing home estabushed before the commencement of this act is necessary, havin~ regard to the needs of the liter in whtch such hm:pital or nursinj( homt> is proposed to he' established or maintained or continued to be maintained; so (b) the applicant is in a position to provide the minimum facilities prescribed for the ajmis~ion treatment and care of mentallv tl1 per8()ns; and i i , v (c) the psychiatric hospital or the psychiatric nursfng home, will be under the charge of a medical officer who is a psychiatrist, it shall grant a licence to the applicant in the prescribed form, mel, where it is not 8:> satisfied, the licensing authority shall, by order, refun s to grant the licence applied for: provided that, before making any order refusing to grant a licenoe, the licensing authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a licence shall ~et out therein the rt"asons for such refusal and such reasons shall be 10 communicated to the applicant in such manner as may be prescribed '7 a licence shall not be transferable or heritable licenee not tram-ferableor heritable duration of licence 8 every licence shall, unless revoked earlier under section 11, be valid for a period of five years from the date on which it is grmtecl renewal ofl1eence 9 a licence may be renewed, from time to time, on an application is made in that behalf to the licensing authority, in such form and accompanied by such fee, as may be prescribed, and every such application shall, as far as possible, be made one year, before the date on which the period of validity of the licence is due to expire:' provided that the renewal of a licence shall not be refused unless the 20 licenaing authority is satisfied that-(i) having regard to the needs of the area, renewal of the licence is not necessary; or (ii) the licensee is not in a position to provide in a psychiatric hospital or psychiatric nursing home, the minimum facilities pree-25 crlbed for the admission, treatment and care therein of mentally ill persons; or (iii) the licensee is not in a position to provide a medical ofllcer , who is a psychiatrist to take charge of the psychiatric hospital or the psychiatric nursing home; or 30 (iv) the licensee has contravened any of the provisions 01 this act or any rule made thereunder 10 every licensee shall maintain the psychiatric hospital or psychiatric nursing home in such manner and subject to such conditions as may be prescribed licenaee to maintain paychlartie hospital ad pqcjri atrlc nuran home in accordancewftlt p, crfbed eoddl- a\evoca - t1oi1 or ucence,,"il ~)) ~he licensin& authority may, without prejudice to ady ciibel' penalty that may be imposed on the licensee, by order in writidl, revoke the licence if it is satisfied that-(a) the psychiatric hospital or the psychiatric nursing hoqle 15 not being mamtained by the licensee in accordance with the provi-s sions of this act or the rules made thereunder - (b) the maintenance of the psychiatric hospital or psychiatric nursjng home is being canied on in a manner detrimental to the ;moral and physical well-being of the j,npatients thereof provided that no such order shall be made except after slvmg the 10·, licensee a reasonable opportunity of being heard, and every such order shall set out thelein tile gj'ounds lor the revocation of the licenc,e and such grounds shall be communicated to the licensee in such manner as may be prescribed (2) every order made under sub-section (1) shall contain a direction is tbat the inpatients of the psychiatric hospital or psychiatric nursing home shay be transferred to such other psychiatric hospital or psychiatric uui'sing home as may be specitied in that order (3) every order made under sub-section (1) shall take ettect~-(a} where '1\0 appeal has been preferred against such order 30 under setion 12, immediately on the expiry of the period prescribed, for such appeal; and (b) where sucb ilppeal has been preferred and the same has been dismissed, from the date of the order of such dismissal ap~ 12 (1) any person, aggrieved by an order of the licensing authority 25 refusing lo grant or renew a licence, or revoking a licence, may, in such manner and within such period as may be prescribed, prefer an appeal to the state government: provided that the state government may entertain an appeal preferred after the expiry of the prescribed period if it is satisfied that 30 the appellant was prevented by sufficient cause from prefeiting the appeal in time ' (2) every appeal under $ub-section (1) shall be made in such form and be accompanied by such fee as may be prescribed 13 (1) an inspecting officer may, at any time, enter aadinapectany 35 p~ychiatric h:>spital or psychiatric nursing home and require the production of any records, which are required to be kept in accordance with the rules made in this behalf, for inspection: provided that such inspection shall be carried out in the presence of the medical officer in charge or of· any other person authorised by him 40 ins~tiod ofps1chlatrld 110spltalii ! and piyi!tif atric num~' horn • aria viitttna ofpattedtat (2) the inspecting omcer may interview in private any patient receiving treatment and care thereil1-, • £! (a) for the purpose of inquiring into any complaint made by or on behalf of such patient as to the treatment and care, or (b) m any case, where the inspecting ofbcer has reason to believ'e that any inpatient is nat receiving proper treatment and care, and where the inspecting ofbeer is a meciical practitiodel', be may also examine the patient in private and may require the production of any medical records relating to the treatment and care of the patient in the psychiatric hospital or psychiatric nursing home and inspect the same (3) where the inspecting officer is satisfied that any inpatient in a psychiatric hospital or psychiatric nursing home is not receiving proper 10 treatment and care, he may report the matter to the licensing authority aild thereupon the licensing authority may issue such directions as it may de'em fit to the licensee of the psychiatric hospital, or, as the case may be, the psychiatric nursing home and every such licensee shall be bound to comply with such directions treatment of outpatient • 15 14 provision shall be made in every licensed psychiatric hospital "r licensed psychiatric nursing home for ~uch facilities as may be prescribed for the treatment of every mentally ill person, whose condition does not warrant rus admission as an inpatient or who, for the time being, is not und<'fgoing treatment as inpatient chapter iii admission and detention in psychiatric hospital or psychlatrt:: nursing home part iapplication for admission as voluntary patient admission on voluntary basi8 as ]5 (j) any person (not being a minor), who considers himbelf to be a mentally ill person and desires to be admitted to any psychiatrlc hoilpital or psychiatric nursing home for treatment, may make an applicatioll in that behal:f to the medical officer in charge for being admitted· b a voluntary patient 30 (2) where the guardian of a minor considers his ward to be a men· tally ill person and desires the ward to be admitted to any psychiatric hospital or psychiatrie nursing home for treatment,he may make an "pplication in that behalf to the medical officer in charge for admitting the ward as a voluntary patient 35 (3) on receipt of an application ullder sub-section (1) or sub-section (2), the medical qfficer in charge shall make such inquiries as he may deem fit and if satisfied that the applicant or, as the ease may be, the minor requires treatment as an inpatient in the psychiatric hospital or psychiatric nursing home, he may admit therein such applicant or, as the 40 case may be, the minor as a voluntary patient cost of maintenanceot voluntal'j patient, 11 (1) save as otherwise provided in sub-section (2), every volwlt8ry patient, who is admitted to any licensed psychiatric hospital or licensed psychiatric nursing home, shall be liable to pay the east of maintenance to the licensee of the hospital or nursing home; and, in the case of - 4f voluntary patient who is a minor, such cost sbau be paid by his guardian (~) 'the state government may, having regard to the nature of , licensed psychiatric hospital established or maintained by that government and the means of the voluntary pati4mta, provide, by notification, that any class or category of voluntary patients admitted to any such licensed psychiatric hospital or class of such hospitals, shall not be liable !i ito pay the cost of maintenance, and, in every such case, the cost of maintenance of the voluntary patients shall be borne by the state government 17 every voluntary patient who is admitted to a licensed psychiatric hospc lalor licensed psychiatric nursing home shall be bound to abide by 10 such regulations as may be made by the licensee of the psychiatric hospital or psychiatric nursing home wherein he is an inpatient voluntary patients to abide by regulations or psychiatric hospital!! orpsychiatric nursinghomes leave of absence or discharge of voluntary patients 18 (1) the medical officer in charge of a psychiatric hospital or psychiatric nursing home shall, on an application made in that behalf by any voluntary patient, and, in the case of a minor voluntary patient, by is the guardian of the patient, grant (unless such medical officer initiates action under sub-section (3) of section 20), within twenty-four hours of the receipt of such application, leave of absence to the patient for a period not exceeding thirty days at a time and not exceeding one hundred and eighty days in the aggregate or discharge the patient from the psychiatric 20 hospital or psychiatric nursing home (2) where a minor voluntary patient, who is admitted as an inpatient in any psychiatric hospital or psychiatric nursing home, attains majority, the medical officer in charge shall, as soon as may be, intimate the patient that he has attained majority and that, unless an application for his:as continuance as an inpatient is made by him wi-thin a period of one month of such intimation, he shall, subject to the provisions contained in section 19, be discharged, and if before the expiry of the said period, no application is made to the medical officer in charge for his continuance as an inpatient, he shall, on the expiry of the said period, be discharged, 3c part ii admission unde?' special circumstances19 (1) any mentally ill person who does not, or is unable to express his willingness for admission as a voluntary patient, may be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing 35 home on an application made in that behalf by a rela'tive of the mental~y ill person i-f the medical officer in charge is satisfied that in the interests of the mentally ill person it is necessary 80 to do: admission of mentally ill persons under certain spectal eircum-tances ~ provided that no person so admitted as an inpatient shall be kept in the psychiatric hospital or psychiatric nursing home as an inpatient for a 40 period exceeding ninety daysi except in accordance with the other provisions of this act (2) every application under sub-section (1) shall be in the prescribed form and be- accompanied by two medical certificates, from two medicalpractitioners (incl",dine a psychiatrist) of whom one shall be a medical 4~ practitioner in the service of government, to the effect that the eondition of such mentally ill person is such that he should be kept under observation and treatment as an inpatient in a psychiatric hospital or psychiatric nursing home s (3) any mentally il~ person admi":ted under sub-section (1) or his relative may apply to the magistrate for hif; discharg~ and the magistrate may, after giving no~ice to the person at whose instance he was admitted to the psychiatric hospital or psychiatric nursing home and after making 'such inquiry as he may deem fit either allow or dismiss the application 10 (4) the provisions of the for~going sub-sections shall be without prejudice to the powers exercisable by a magistrate before whom the case of a mentally ill person is brought, whether under this section or under any other provision of this act, to pass a temporary treatment order or a reception order, as the case may be, if he is satisfied that it is neces-is aary !po to do in accordance with the relevant provisions of this act pabt iii temporary treatment orderstemporal'j treatment orden zoo (1) any relative or friend of a mentally ill person may make an application to the magistrate within the local limits of whose jurisdiction :ao mich mentally ill p~on ordinarily resides for the admission of the mentally ill person to any psychiatric hospital or psychiatric nursing home for treatment for a temporajry period (2) every application under sttb-sec<:ion (1) shall be in the pr~('ribed form and be accompanied by two medical certificates, from two medical 2s practitioners (including a ps chiatrist) of whom one shall be a medical practitioner in the service of government to the effect that the condition of such mentally ill person is sllch that h~ should be kept under observation and treatment as an inpatient in a psychiatric hospital or psychiatric nursing home 30 (3) where, before ~anting leave of absence or discharging a voluntary patient under section 18, the medical of'ftcer in charre of any psvchiatric hospital or psychiatric nursing home is of opinion that the voluntary patient is likely to act in a manner which will be injui10us to his health or will endanger his own life or the life of othe'ts, the meciical 35 officer in charge may make an application to the mal!istrate within the local limits of whose jurisdiction the psychiatric h~tal or the' psychiatric nursing home is situate, for the detention of the patient in the psychi~tric hospital or, as the case may be, psychiatric nursing home for further treatment 40 (4) where the medical officer in chnrge of any psychiatric hospital or psychiatric nursing home is of amnion that any mentally il1 person underl{oing treatment as an outl)8tient in that hospital or nursing home is likely to set in a manner which win bf! inhtrinus to his health or will endanger his own iifeor the life of others, the mf!dical officer in charre 45 may make an application to the ma~strate within the local limits of ~ose jurisdtction tht> psyehiatric hospital or the psychiatric nursfn~ bome i!l situate, for the detention of the pattent in any psyrhintri~ ho<;pital - ps~hiatrfl; nursing home for treatment fls rn inpatient (5) on receipt of an application under sub-section (1) or subsecuwt (3) or sub-section (4) i the magistrate may, after making su$ inquiritls as he may deem fit, if satisfied that in the interests of the health and personal safety of the mentally ill person or for the protection of ot~rs, he should be detained as an inpatient in a psychiatric hospital or psychia- 5 tric nursing home, pass a temporary treatment girder for the detention for treatment of such person in such psychiatric hospital or psychiatric nursing horne and for such period not exceeding six mon'tfls from the date of the order, as may be specified therein zl (1) every mentally ill person detained for treatment in any psy- 10 ehiatric hospital or psvchhtric nursing home under a temporary' tteatment rmer shall on the expiry of the period of detention spectfted in the order, be dischat~ed from 'such hospital or, as the case may be, nursing home: discharge of persona detained in psychiatric hospitalor psychiatric nursin, home under temporary treatment orders provided that where the period of detention sjdecified in the tem- 15 porary treatment order is less than six months and the medical officer in charge is of opinion that the treatment of such person a's an inpatient should be continued beyond the period specified in that order, he may before the expiry of the said period, make an application for the extension of the period to the magistrate within the local limits of whose 20 jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situate (2) on receipt of an application under sub-section (1), the m$gistrate shall deal with it in the manner specified in sub-section (5) of section 20; so, however that the period of further detention together ~s with the period specified in the temporary treatment 'order made under the said sub-section (5) shall not exceed, in the aggregate, six months part iv reception ordersa-reception orders on applicatioru 30 22 (1) an application for a reception o~der may be made by-application for reception grder (a) the medical otdcer in charge of a psychiatric hapital or psychiatric nursing home, or (b) by the husband, wife or any other relative of the mentally illp~on ~ (2) where a medical offtcer in charge of a psychiatric hospital or psychiatric nursing home in which a mentally ill perljon is undei'goinl treatment under a temporary treatment order is satisfted that,-{a) the mentally ill person is ,uftering from men~ disorder of suqb a nature and detree that his treatment in the psycbiatric h()l- 40 pital or, as the case may be, psychiatric; d1l~ing home is required to be contu:wed for more than six months, or (h) it is necessary in the in~rests of the health and pel'lolial ,atety ot the mentally ill person or for the prou:ctton of othera that such person shall be detained in a psychiatric hospital or psychiatric dui'sklg bome, or (c) a temporary treatment order would not be adequate in the circumstances of the case, s m may make an application too the magistrate within the local limits of whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situate, for the detention of such mentally ill person under a reception order is such psychiatric hospital or psychiatric nursing home, as the case may be 10 (3) subject to the prcwisions of sub-section (5), the husband or wife of a person who is alleged to be mentally ill or, where there is no husband or wife, or where the husband or wife is prevented by reason of any illness or absence from india or otherwise from making the application, any other relative ()rf such person may make an application to the 15 maldstrate within the local limits of whclse jurisdiction the said person <mdin&riolyde6ides, for the deten'tion of the alleged mentally ill person under a reception order in a psychiatric hospital or psycniatrlc nursing home (4) where the husband or wife of the alleged mentally ill person 20 is not the &j!)plicant, the application shall contain the reasons for the application not bein~ made by the husband or wife and shall indicate the relationship 'of the applicant with the alleged mentally ill person and the circumstances under which the application is being made ,(5) no person,-25 (i) who is a minor, or (ii) who, within fourteen days before the date of the application, has not seen the alleged mentally ill person, shall make an application undpr this section (6) everv application under sub-section (3) shan be mlkie in the 30 pl'elcribed form and shall be signed and verified in the prescribed manner and 'shall state whether any previnus application had been mllde for inquiry into the mental connition of the alie~en mentally ill person and shall be accomnanied bv two medical certificates from two medical practitioners (includin~ a psychiatrist) of whom one shall be a medial 3s praetitioner in the service {"if government d everv medica1 certificate referred to in sub-section (6) of section 22 'lhall contain a statement,-form and content ofmedleaj certltlcatet (a) that each of the medical practiti1"lj'lers referred to in that sub-section has personally examined the alle~ed mentally ill person; 40 (b) that in the opinion of each ruch mf'dica1 practitionrts the al1e~ed mentally i11 person is suft'erinf! firom mental disorder of !inch a nature and de!!'f'ee as to warrant the detention of such person in it nsvchiatr;c ho'ln;t'll or llvchilltr;, nnrsinq home and that such detention is necessary in the inter$ts of the hf'a]th rnd persona] safety of 4,5 that person or for the protection of others; and (~) that each such medical practitioner ~ forme(l, ,his opinion on the basis of his observations and the observations of any other medical practitioner and from the particulars j~lhmliluea'ted 'to him by other persons u (1) on receipt of an application under sub-section (2) of section s 22, the magistrate may make a il"eception order, if he is satisfied that-;; t'rocedure upon application for reception oreler (i) the mentally ill person is suffering from mental disord,er of such a nature and degree that it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for 'treatment;,' or (ii) it is necessary in the interests of, the health and personal 10 safety of the mentally ill person or for the protection of others that he should be so -detained, and a temporary treatment order would not be adequate in the circumsbnces of the case and it is ~cessary to make a reception order (2) on receipt of an application under sub-section (3) of section 22, is the magistrate shall consider the allegations made in the application and the evidence of mental illness as disclosed by the medical certlftcates (3) if the magistrate considers that there are sufficient ~ounds for proceeding further, he shall personally examine the alleged mentally ill person unless, for reasons to be recorded in writing, he think!! that it is ao not necessary or expedient to do so (4) if the magistrate is satisfted that a reception oi'der may properly be made forthwith he may make such order, and if the magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally 25 ill person as he thinks fit (5) the notice of the date fixed under sub-section (4) shall be given to the applicant and to any other person to whom, in the opinion of the magistratc, such notice shall be given (6) if the magistrate fixes a date under sub-section (4) for further 30 ronsideration of the application, he may innke such order' as he thinks fit, for the proper care and custody of the alleged mentally ill person pending disposal 'of the application (7) on the date fixed unqer sub-section (4) or 'on such fur:ther, da~ as may be fixed by the magistrate, he shall proceed to consider tbe 35 npplication in came1'a, in the presence of-(i) the applicant; "t-(ii) the alleged mentally ill person (unless the magistrate in his discretion otherwise directs); (ui) the person who may he appointert by the alleged mentally 40 ill perlion to represent him; and (iv) such other pe,rson as the magistrate thinks fit rnd ,if the magistrate is satisfted that the all~~ed ment~lly i~ person in relation to whom the application is made, is ~q mentally ill that in the interests otthe health ana persdnal safety of that' person or tar the protection of others it is necessary to detain him in a psychiatric hbspital or psychiatric nursing home for treatment, he may pass a reception 'order for that purpose and if he is not so s4tisfied he shall dismiss the application and any such order may provi~ for the payment of the costs of the inquiry by the applicant personally or from ~t of the estate of the mentally ill person, as the magistrate may deem appropriate (8) !f any application is dismissed under sub-section (7), the magisio trate shall record the, reasons for such dismissal and a copy of the order shall b,e furnished to the applicant b-reception orders on produc'tion of menullly ill persons hefore magistrate %5 (1) every ofticer in charge of a police station,-powers and duties ot police officers in (a) may arrest or cause to be arrested any persort found wandering at large within the limits of his station whom he has reason to believe to be so mentally ill as to be incapable of taking care of himself, and 20 re~ct of cer~ taln men· tally ill persons (b) shall arrest or cause to be arrested any person within the ,limits ,of his station whom he has reason t'o believe to be dangerous by reason of mental illness (2) no person arrested under sub-section (1) shall be detained in police custody without being informed, as soon as may be, 'of the grounds for such arrest, or where, in the opinion of the arresting omcer, such 2s person is not capable of understanding tbose grounds, without his rela~ tives or friends, if any, being informed of such grounds ,(3) every person, who is arrested and detained in custody under this section, shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for 30 the journey from the place of arrest to the court of the magistrate and shall not be detained in custody beyond the said period without the author:ty of the magistrate procedure z8~ (1'~ if a person is produeed before a magistrate under sub-section (3)' \ 6f section 25, and if, in his opinion, there are sufficient grounds for 3s proceeding :turth~, the magistrate shall,-(4) examine the person to assess his capacity to understand, ol! production or mentally ill person (b) cause him to be examined by a medical ofticer, and (c) make such inquiries in relation to such perlton as he may ',,,:;; 'i , 9-~eldl n~essary , ' 40 ; ;(2) , 'after- ',~ compl~tion of the proceedings under sub-aectio~ (1); tim m1jgfstrate may pass a reception order 8utliorising the detention of th~!"sajd p~rson as an inpatient in 8 psychiatric hospital or psychiatric ''ilurilhg bome;- ; i,'" (~) if the medical ofticer certifies such ~son to be a mentally 4s m person, and (b) if the l\4a&istrate is satisfied that the sjud petson is a __ tally ill person and that in the interests of the heblth and personal safety of that person or ,for the protection of others, it is necessary to pass such order: provided that if any friend or relative of the mentally ill persdh desires that the mentally ill person be sent tb any patticular licensed psychiatric hospital or licensed psychiatric nursing home for treatment therein and undertakes in writing to the satisfaction of the magistrate to pay the cost of maintenance of the mentally ill person in such hospital or nursing home, the magistrate shall if the medical officer in charge ,of to such hospital or nursing home consents, make a reception otder for the! admission of the mentally ill person into that hospital or nursing home and detention therein: provided further that if any friend or relative of the mentally ill person enters into a bond, with or without sureties for such amount as 15 the magistrate may determine, undertaking that such mentally ill person will be properly taken care of and shall be prevented from doing any injury to himself or to others the maigstrate may instead of making a reception order hand him over to the care of such friend or relative 27 (1) every officer in charge of a police station, who has reason to 20 believe that any person within the limits of his station is mentally m and is not under proper care and control, or is ill-treated or neglected by any relative or other person having charge of such mentally ill person, shall forthwith report the fact to the magistrate within the local limits of whose jurisdiction the mentally ill person resides 2s older in ca of mentally tnperson cruell7 treated or not under proper care and control (2) if it appears to the magistrate, on the report of a police omcer or on information derived from any other person, or otherwise, that any mentally ill person within the local limits 'of his jurisdiction is not under proper care and control, or is ill-treated or neglected by any relative or other person having the charge of such mentally ill person, the magla- 30 trate may cause the mentally ill person to be produced before him, and summon such relative or other person who is, or who ought to be in charge of, such mentally ill person (3) if such relative or any other person is legady bound to mafntaln the mentally ill person, the magistrate may, by order, require the reja j5 tive or the other person to take proper care of such mentally ill person and where such relative or other person wilfully neglects to comply with the said 'order, he shall be punishable with fine which may extencf to one thousand rupees (4) if there is no person legally bound to maintain the mentady m person, or if the person legally bound to maintain the mentally m per_ 40 son refuses or neglects to maintain such person, or if for any other r •• -soft, the magistrate thinks fit 80 to do, he may cause the mentany m person to be produced before him and, without prejudice to any acuon that may be taken under sub-sectlon (3), proceed in the mannerpro- , vlded in section 26 as if such person had been produced before hlm unitei' bud-section (3) of section 215 application 'for admission of mentally ill persollj in emer· lency •• (1) where any medical officer or medical practitioner or any friend or relative of a mentally ill person is of opinion that unless such mentally ill iperaon is immediately admitted to any psychiatric hospital s or psychiatric nursing home ior treatment, the health and personal safety of such person or of others will be in imminent danger, he may make an application to the medical officer in charge of any psychiatric hospital gr psychiatric nursing home for admission forthwith of such mentally ill per90n to the psychiatric hospital or, as the case may be, to psychiatric nursing home under his charge (2) every application under sub-section (1) shall be in the pres tribed form containing a statement that unless the mentally ill person is forthwith admitted to any psychiatric hospital or psychiatric nursing home, there is imminent danger to the health and personal safety of i~ such person or of others, and shall be supported by a certificate to that effect in the prescribed form drom a medical practitioner, and, wherever posil~le, from a medical practitioner who is acquainted with the condi tion of the mentally ill person expzanation-for the remc;val of doubts it is hereby declared that 20 where an application under sub-section (l) is made by a medical officer or medical practitioner such application shall be accompanied by a certificate referred to in this sub-section from another medical practitioner (3) on receipt of an application under sub-section (1), the medical 2s ofb~er in charge shall admit the mentally ill person to the psychiatric hospital or the psychiatric nursing home under his charge subject to the conditions that such mentally ill person shall be produced before a nearest magistrate within the local limits of whose jurisdiction such hospital or nursing home h situate, within a period of seventy-two hours 3u of such admission, excluding the time necessary for the journey from the place of admission to the court of the magistrate and if it is necessary to continue treatment of the person as an in-patient beyond the period aforesaid, the authority of the magistrate shall be obtained for such detention 3s (4) where due to the condition of the patient it is not possible to produce the mentally ill person before a magistrate within the time set qut under sub-section (3), the medical officer in charge shall request the magistrate to visit the psychiatric hospital, or psychiatric nursing home, as the case may be, so as ito enable him to comply with the provi-40 siqq5,of sub-&eeiion (3) and the magistrate shall comply with the request (5) the magistrate may, if satisfied, on the basis of the medical certificate filed in su'pport of an application under sub-section (1) and on the basis of such other inquiry as he may deem nec~ary, pass an orderfo~ the detention of the person for such period as may be specibed 45 in the order (6) where the magistrate is of jpinion that it is necessary so to do, be may treat the application under sub-section (1), or any subsequent application that may be made foil" continuing the detention as if it were an application for reception order under this act and proceed to deal with it accordin&ly d-furthelj' provis'jons regarding admission and detention of cert4l'b mentally ill persons29 if any district court holding an inquisition under chapter v s regarding any person who is found to be mentally ill is, of opinion that it is necessary so to do in the interests of such person, it may, as in-patient aftar 1nquls1-tion by order, direct that such person shall be admitted and kept as an in-patient in a psychiatric hospital or psychiatric nursing home and every such order may be varied from time to time or revoked by the district 10 court admission and deten_ tion of mentally ill offender 30 an order under section 30 of the prisoners act, 1900, or under 30 of 1900 section 144 of the air force act, 1950, or under section 145 of the army 45 of 1950 act, 1950, or under section 143 or section 144 of the navy act, 1'957, or 4fl of 1950 under section 330 or secti/o 335 of the code of criminal procedure, 1973, is 62 of 1957 directing the reception of a mentally ill offender into any psychiatric 2 of 197 • hospital or psychiatric nursing home, shall be sufficient authority for the admission of such person in such hospital vr, as the case may be, such nursing home or any other psychiatric hospital or psychiatric nursing home to which such p~r:;on may be lawfully transferred for detention ~o therein detention of alleged mentllly ill person pending report by medical officer 31 (1) when any person alleged to be a mentally ill person appears or is brwght before a magistrate under section 25 or section 27, the magistrate may, by order in writing, authorise the detention of the alleged mentally ill person in sljitable custody for such period not 25 exceeding ten days as the magistrate may consider necessary for enabling any medical officer to determine whether a medical certificate in respect of that alleged mentally ill perscill may properly be given under clause (a) of sub-section (2) of section 26 (2) the magistrate may, from time to time, for the purpose men- 30 tioned in sub-section (1), by order in writing, authorise such further detention of the alleged mentally ill person for periods not exceeding ten days at a time as he may deem necessary: provided that no person shall be authorised to be detained under this sub-section for a continuous period exceeding thirt)' days in ~e 35 aggregate 32 whenever any reception order is made by a magistrate under section 24, section 26 or secti,on 27, he may, for reasons to be recorded in writing, direct that the mentally ill person in respect of whdm'the order is made may be detained in such place as he may deem· appro- ",0 priate, pending the removal of such person to a psychiatric hospital' psychiatric nursing home i' detention otmentau, 11l person pending his removal to plychlartie holpltal or plychiartic dunln, liome e-mibcellaneous p1'o'vlisions in rezation to orders under this chapter83 where any grder under this chapter is required to be made on the ,balisof a medical certificate, such order shall not be made unless the person who has signed the medical certificate, or wnere such order is 5 ,required to be made on the basis of two medical certificates, the signawry of the r~spective certificates, has certified that he has personally examined the alleged mentally ill person,-| tim ||-----------|| manner || ofmedi- || calexaml- || nation of || mentally || ill || person |10 (i) in the case of an order made on application, not earlier than ten clear days immediately before the date on which such application is made; and (ii) in any other case, not earlier than ten clear days immediately before the date of such order: provided that where a reception order is required to be made on the ba!lis of two medical certificates such order shall not be made unless the is certificates show that the signatory of each certificate examined the alleged mentally ill person independently c,f the signatory of the other cm"tificate 34 a temporary treatment order or a reception order made under this chapter shall be sufficient authority-20 (i) for the applicant or any person authorised by him, or authority for reception order or for temporary treatment order (ii) in the case of a reception order made otherwise than on an application for the person antholi'ised so to do by the authority making the order, to take the mentally ill person to the place mentioned in such order or 25 for his admission and treatment as an inpatient in the psychiatric hospital or psvchiab·ic nursing hom("' specified in the clrder or, as the case may be, for his admission and detentijil therein or in any psychiatric hospital or psychiatric nursing home to which he m1y be removed in accordance with the provisions of this art and the medical officer in 30 charge shall be bound to comp'v with 5uc-h order: providerl th1t in ilny case where the medical officer in charge finds accommodation in the psychiatric ho~pital or psychiatric nursing home inadequate he shall after according admission, intimate that fact to the ma1zistrate or the o')urt which passed the order and thereupon 3s the mllgistrate or the court, as the case may be, shall pass such order as he or it may deem fit: provided further that every temporary treatment order or reception order shall cease to have et!eet--o (a) on the expiry of thirty days from the date on which it was made unless within that period, the mentally ill prrson has been admitted to the place mentioned therein, and (b) on the discharge, in accordance with the provisions of this act; of the mentally ill person 35 every magistrate or gourt making a temporary treatment order or reception order shall forthwith send a certifled copy thereof together with copies of the requisite medical certificates and the statement of particulars to the medical officer in charge of the psychiatric hospital oil' psychiatric nursing home to which the mentally ill person is te s 'be admitted copy of temporary treatment order orreception order to be sent to medical oftlcer incbarge restriction 36 no magistrate or court shall pass a temporary treatment order or a reception oirder for the admission as an inpatient to, or for the detention of any mentally ill person in, any psychiatric hospital or psychiatric nursing home outside the state in which the magistrate 10 or the court exercises jurisdiction: provided that an order foji' admission or detention into or in a psychiatric hospital or psychiatric nursing home situated in any other state may be passed if the state government has, by general or special order and after obtaining the consent of the government of such other state autho- is rised the magistrate or the court in that behalf 88 to psychiatric hospitals and psychiatric nursing homes into which temporary treatment order or reception order may direct admiasion amendmentol order or documents 37 if, after the admission of any mentally ill person to any psychiatric hospital or psychiatric nursing home under a temporary treatment order or a reception order, it appears that the order under which he war admitted or detained:!r any of the documents on the basis of 20 which such order was made is defective or incorrect, the same may, at any time thereafter, be amended with the permission of the magistrate or the court by the person or persons who signed the same and upon such amendment being made the order shall have ef'fect and shall be deemed always t('oo have had effect as if it had been originally made as so amended, 2s or, as the case may be, the documents upon which it was made had been originally furnished as so amended 38 (1) subject to the provisions of this section'the magistrate may, by order in writing (hereinaflter refe·rred to as the order of substitution), transfer the duties and responsibilities under this act, of the perscm on whose application a reception order was made to any other person who 30 is willing to undertake the same and such other person shall thereupon be deemed for the purp"ses of this act to be the person on whose application the receptio·n order was made and al1 references in this aet to the latter person shall be construed aceordingly: 3s power to appoint substitute for per_ son upon whose lipplication reception order has been made provided that no such order of substitution shall absolve the person upon whose application the reception order was made or, if he is dead, his legal representatives, from any liability incurred before the -date of the order of substitution (2) before making any order of substitution, the magistrate shall 40 send a notice to the person on whose application the reception order was made, if he is alive, and to any relative of the mentallyill person who, in the opinion of the magistrate, shall have notice (") the notice under sub-section (2) shall specify the name of the person in whose favour it is proposed to make the order of substitution 4s , 1he-date (which shall be not leu than twenty days from the date nfdllllle of the notice) on which objections, if any, to the making of iuch order shall be considered (~) on the date specified under aub-section (3), or on any subsequent date to which the proceedings may be adjourned, the magistrate 5 shall consider any objection made by any person to whom notice was 'edt, or by any other relative of the mentally ill person, and shall receive all such evidence as may be produced by or on behalf of any sueh person '01' relative and after making such inquiry as the magistrate 10 may deemftt, make or refrain from making the order of substitution: provided that, if t1:1e person on whose application the reception order was made is dead and any other person is willing and is, in the opinion of the magistrate, fit to undertake the duties and responsibilities under this act of the former person, the magistrate shall, subject to the provisions contained in the proviso to sub-section (1), make is an order to that effect (5) in making any substitution order under this section, the magistrate shall give preference to the person who is the nearest relative of the mentally ill person, unless, for reasons to be recorded in writing, the magistrate considers that giving such preference will not be in the 20 interests of the mentally ill person (6) the magistrate may make such order folf the payment of the costs of an inquiry under this section by any person or from out of the estate of the mentally ill person as he thinks fit (7) any notice under sub-section (2) may be sent by post to the 25 last known address of the person for whom it is intended 39 in any area where a commissioner of police has been appointed, all the powers and functions of the magistrate under sections 25, 26, 27, 28 and 31 may be exercised or discharged by the commissioner of police and all the functions of an officer in charge of a police station under 30 this act may be discharged by any police officer not below the rank of an inspector i officers competent to exerclae powers and discharge functions of malistrate under certain sections chapter iv inspection~ discharge, leave of absence and removal of mentally ill persons 35 part i inspection40 (1) the state govemment shall appoint for every psychiatric appointhospital and every psychiatric dui'iing home in the -state, not less than ment of five visitors, of whem at least one shall be a mec1leal oftleer, preifl'ably visitol'l 40 a psychlatrlst (z) the inspeotgr"general of prisons and the head of the medical services of the state shall be ex-officio vislton of all the psychiatric hospitals _d ps1chlatrtc nunln- hnm-in, the state (3) the qualifications of persons to be appointed as visitors under aubseqtion (1) and the terms and conddtions of the appointment shali be such as may be prescribed monthly inspection byvii~ ton 41 not less than three visitors shall, at least once in every month, make a joint inspection of 'every part of th'~ psychiatric hospital or 5 psychiatric nursing home in respect of which they have been appointed and examine, as far as circumstances will permit, every mentally ill person admitted therein and the order for the admission of, and the medical certificates relating to, every mentally ill person admitted subsequent to the joint inspection immediately preceding, and shall enter in a 10 book~kept for that purpose such remarks as they deem appropriate in regard to the management and condition of such hospital or nursing home and of the inpatients thereof: provided that the visitors sha~l not be entitled to inspect any personal records of an inpatient which in the opinion of the medical omcer in is charge 8ii'e confidential in nature inspection ofmen~ tally offenders 42 (1) notwithstandinj! anything contained in section 41, where any person is detained under the provisions of section 144 of the air force 45 of 1960 480t 1950 act, 1950, or section 145 of the army act, 1950, or section 143 or section 62 of 1957 144 of the navy act, 1957, or section 330 or section 335 of the code "01 20 2 of 1974 criminal proc~dure, 1973,-(i) the inspector-general of prisons, where such person is detained in a jail; or (ii) the inspector-gener:ll of prisons and all (lii' anv three of the visitors appointed under sub-section (1) of section 40, where such 25 person is detained in a p~ychiatric hospital or psychiatric nursing home, shall, once in every six months, viflit such person at the place where he is detainen in order to assess the state of mind of such pprson and make a report thereon to the authority under whose order such person is s<1 30 detained (2) the state government mav empower any of its officers to discharge an or any of the functions of the inspector-general of prisons under sub~section (1) (3) the medical officer in charge of a psychiatric hospital or psychia- 3s tric nursing home wherein any person referred to in sub-section (1) is detained, shall once in every six months, make a special report regarding the mental and physical condition of such person to the authority under whose order such person is detained (4) every person referred to in sub-section (1) who is detained in 40 jail, shall be visited at least once in every six months by a psychiatrist, or, where a psychiatrist is not :\vailable, by a medical officer empowered by the state government in this b half and such psychioatrist or, as the case may be, such medical officer r-hall make a special report re~ardinp 4s the mental and physical condition '1f such person to the authority un<'er whose order such person is detained part ii dischargeorderot discharee by visitora q ll) notwithstanding anything contained in chapter in, any three of the visitors of a psychiatric hosphal or psychiatric nursing home may, 5 on the recommendation of the mewcal officer in charge, by order in writing, direct the discharge of any person, other than a voluntary patient detained or undergoing treatment therein as an inpatient, and such person shall thereupon be discharged from the psychiatric hospital or psychiatric nursing home: 10 provided that no order under this sub-section shall be made in respect ot a mentally iii offender otherwise than as provided in section 30 of the 3 of 1900 prisoners act, 1900 or in any other relevant law (2) where any order of discharge is made under sub-section (1) in respect o£ a person who has been detained or is undergoing treatment as 15 inpatient in pursuance of an order of any authority, a copy of such order shall be immediately forwarded to that authority by the medical officer in charge dischar,e otmentally ill person on application 44 any person detained in a psychiatric hospital or psychiatric nursing home under an order made in pursuance of an application made under 20 this act, shall be discharged on an application made in that behalf to the medical officer in charge by the person on whose application the order was made: provided that no person shall be discharged under this section if the medical officer in charge certifies in writing that the person i's dangerous 2s and unfit to be at large orderot disehar, on the undertaking ot relatives or frienda etc, for d_ care of mentally ill person 46 (1) where any relative or fri<!nd of a mentally ill person detained in a psychiatric hospital or psychiatric nursing home under section 24, section 26, section 27 or section 28 desn-es that such person shall be delivered over to his care and custody, he may make an application to 30 the medical officer in charge who, shall forward it together with his remarks thereon to the authority under whose orders the mentally ill person is detained (2) where an application is received under sub-section (1), the authority shall, on such relative or friend furnishing a bond, with or 35 without sureties, for such amount as such authority may 'specify in this behalf, undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged 40 48 (1) any person (not being a mentally ill offender) detained in pursuance of an order made under this act, who feels that he has recovered from his mental illness, may make an application to the magistrate for his discharge from the psychiatric hospital or the psychiatric nul"bing home 45 (2) an application made under sub-section (1), shall be support'l!a by a certificate either from the medical officer in charge of the psychiatric hospital or the psychiatric nursing home where the applicant is undergoing treatment or from a psychiatrist (3) the magistrate may, after makiong such inquiry as he may deem 50 ftt, pass an order discharging the person or dismissing the application discharge tit person lubsequent17found oninquwtion dot to be efunsound mind &\ if any person detained in: a psychiatric hospital or pbychiatric nursing home in pursuance of a reception order made under this act is subsequently found, on an inquisition held in accordance with the pro-¥iaiona of chapter v to be of sound mind or ~apable of takiag care of himself and managing his affairs, the medical oftiqer in eharge shall 5 forthwith on the production of a copy of such finding duly certifted· by' the district court, dicharge such per$on from such hospital orlwl"sing home part iii leave of absence10 leave ot blence 48 an application for leave of absence on behalf of any mentally ill person (not being a mentally ill offender) undergoing treatment as an inpatient in any psychiatric hospital or psychiatric nursing home may be made to the medical officer in charge,-(<<) in the oa'se of a person who was admitted on the apptrcatian 15 of the husband or wife, by the husband or wife of such mentany ill person, or where by reason of mental or physical illness, absence from india or otherwise, the husband or wife is not in a position to make such application, by any other relative of the mentally ill person duly authorised by the husband or wife, or 20 (b) in the case of any other person, by the person on whose application the mentally ill person was admitted: provided that no application under this sub-section shall be made by a person who has not attained the age of majority (2) every application under sub-section (1) 'shall be accompanied 25 by a bond, with or without rureties for such amount as the medical oftieer in charge may specify, undertaking-(i) to take proper care of the mentally -ill person, (ii) to prevent the mentally ill person £rom causing injury to himself or to others, and 30 (iii) to bring back the mentally ill person to the psychiatric hospital or 8's the case may be, psychiatric nursing home, on the expiry of the period of leave (3) on receipt of an application under sub--section (1) the medical officer in charge may grant leave of absence to the mentally ill ptn"son 35 for such period (not exceeding thirty ·days at a time and not exceetijqg qne hundred and eighty days in the aggregate) and sqpject to ,udi conditions as may, in the interests of the health and per_ona! safe\y of the mentally ill person or for the protection of others, be speoifieclin the order 40 (4) where the mentally ill person is not brought back t9 the psychiatric hospital or psychiatric nursmg home on the expiry of the leave granted to him under this section, the medical officer i1) charge $hall forthwith report that fact to the magl!;trate within the local limite qf wlwliej,urisdictiqn such hospital or nursing home is situate and the ~trate may, after making such inquiry as he may deem fit, make an oilier, directing him to be brought back to the psychiatric ho$pital or psycmatnc nul'silli home, as the case may be s (:i) nothing contamed ill thi's st!c~ion suall ap1j1y lo a volun~ary patlelll l't!lerrt!ci to in sectlon i;) anu tnt; prov - :ilollb or st!cl10ll ib shah apply to him grant of leave of absence by magis-tralt'! 49 (1) where the medical officer in charge refuses to grant leavt: of absence to a mentally ill person under section 48, the applicant -may 10 apply to the magistrate within the local limits of whose jurisdiction the psychiatric hospital or psychiatric nursing home wherein the mentally ill person is detained is situate, for the grant of leave of absence to the mentally ill person and the magistrate may, if he is satisfied that it is necessary so to do, and on the applicant entering into a bond in accol'-is dance with the provisions of sub-section (2), by order, grant leave of absence to the mentally ill person for such period and subject to such conditions as may be specified in the order (2) every bond referred to in sub-section (1) shall be with or witholut sureti€s and for such amount as the magistrate may decide and shall 20 contain the undertaking referred to in sub-section (2) of section 48 (3) 'the magistrate shall forward a copy of h:s order to: the medical officer in chali"ge and on receipt of such order, the medical officer in charge shall entrust the mentally ill person to the person on whose application the leave of absence was granted under this section part iv removal50 (1) any mentally ill person other than a voluntary patient referred to in section 15 may, subject to any general or special order of the state government, be removed from any psychiatric hospital or psychiattic 30 nursing home to any other psychiatric hospital or psychiatric nursing home within the state, or to any other psychiatric hospital or psychiatric n~sing home in any other state with the consent of the government of that other state: removal of mentally ill person from one psychiatric hospital or psychiatric nursln, home to another provided that no mentally ill person admitted to a psychiatric hospital 35 or psychioatric nursing home under an order made in pursuance of an application made under this act shall be so li'emoved unless intimation ther~f has been given to the applicant (2) the state, government may make such general or special order as is thinks fit directing the removal of any mentally ill offender from the place where he is for the time being detained, to any psychiatric hospital, 40 psychiatric nursing home, jailor other place of safe cuswdy in the state or to any psychiatric hospital, psychiatric nursing home, jail or other place of safe custody in any other state with the consent of the government of that other, state admission detention and retajdng in certain ell 4s 51 every person brought into a psychiatric hospital or psychiatric nursing home under any order made under this act, may be detained or, as the ease may be admitted as an inpatient therein until he is removed or is discharged under any law, and in case of his escape from such hnapltal or nursing home be may, by virtue of such order, be retaken by any police officei' or by the medical officer in charge or arty officer 61' servant of such hospital or nursing home, or by any other person authorised in that behalf by the medical officer in charge, and conveyed to, and received and detained or, as the case may be, kept as an inpatient in such hospital or nursing home: 5 provided that in the case of a mentally ill person (not being a mentally ill offender) the power to retake as aforesaid under this section shall nolt be exercisable after the expiry of a period of one month from tile date of his escape appeal from orders of magiatrate 52 any person aggrieved by any order of a magistarate, passed under 10 any of the foregoing provisions may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the magistrate exercised the powers, and the decision of the district court on such appeal shall be final chapter v judicial inquisition regarding alleged mentally ill person possessing property, custody of his person and management of his property53 (1) where an alleged mentally ill person is possessed of property, an application for holding an inquihition into the mental condition of such person may be made either-20 (a) by any of his !relatives, or application for judicial inquisition (b) by a public curator appointed under the indian succession act, 1925, or 39 of 1925, (c) by the advocate-general of the state in which the alleged mentally ill person resides, oil' 25 (d) where the property of the all~ged mentally ill person comprises land or interest in land, or where the property or part thereof is of such a nature as can lawfully be entrusted for management to a court of wards established under any law for the time being in force in the state, by the collector of the district in which such land 30 is situate, to the district court within the local limits of whose jurisdiction the alleged mentally ill person resides (2) on receipt of an application under sub-section (1), the district court shall, by personal service or by such other mode of service as it 35 may deem fit, serve a notice on the alleged mentally ill person to attend at such place and at such time as may b,e specified in the notice or shall, in like manner, serve a notce on the person having the custody of the alleged mentally ill person to produce such person at the laid place and at the said time, foo' being examined by the district court or by any 40 other person from whom the district court may call for a report con cerning the mentally ill person: provided that, if the alleged mentally ill person is a woman, who according to the custom prevailing in the area where she resides or according to the religion to which she belongs, ought not to be compelled 4s to appe8lf in pubuc, the district court may cause her to be examined by iasulna a commisaioo as provided in the code of civil procedure 1908 (3) a copy cd the notice under sub-section (2) shall also be served upon the applicant and upon any relative of the alleged mentally ill s person or other person who, in the opinion of the district court, shall have notice of judicial inquisitir-n to be held by it (4) for the purpose of holding the inquisition applied for, the district court may appoint two or more persons to act as assessors 54 on completion of the inquisition, the district court shall record 10 its findings on,-(i) whether the alleged mentally ill person is in fact mentally ill oil' not, and issue on which ftndlnl should be eiven by district court after inqui_ sition (ii) where such person is mentally ill, whether he is incapable of taking care of himself and o~ managing his property, or incapable is of managing his property only 55 (7) where the district court records a finding that the a])eged mentally u1 person is in fact mentally ill and is incapable of taking care of himself and of managing his property, it shall make an oi'der for the appointment of a guardian under 9cc1;ion 56 to take care of his person 20 and of a manager under section 57 for the management of his property provision tor appointingguardian of mentally ill person and for manager of property (2) whe"p the district court records a finding that the alleged mentally ill person is in fact mentally ill and is incapable of managing his property but capable of taking care of himself, it shall make an order under section 57 regarding the management of his property 25 (3) where the district court records a finding that the alleged mentally ill person is not mentally ill, it shall dismiss the application (4) where the district court deems fit, it may appoint under su~ section (1) the same person to be the guardian and manager 56 (1) where the mentally ill person is incapable of taking care of 30 himself, the district court or, where a direction has been issued under sub-section (2) ot section 57, the collector of the district, may appoint any suitable person to be his guardian: appointmentot guardian of mentally ill person plrovided that, no person, who is the legal heir of the mentally m person, shall be appointed to be the guardian unless the diatrict coort 3s or, as the case may be, the collector, for reasons to be recorded in writ ing, considers that such appointment is for the benefit of the mentally ill person (2) in the discharge of his funetions under sub-section (1), the collector shall be subject to the supervision and control of the state 40 government or of any authority appodnted by it in that behalf, 57 (1) where the property of the mentally ill person who is in~ capable of managing it is such as can be taken charge of by a court af wards under any law for the time being in force, the district court shall authorise the court of wards to take charge of such property, and thereupon, notwithstanding anything contained in such law, the court of 5 wards shall assume the management of such property in accordancew'jth that law appointmentof manager for management of propertyor mentally ill person (2) where the property of the mentally ill person consists in whole or in part of land or of any interest in land which cannot betaken charge of by the cqurt of wards, the district court may, after obtain 10 ing the consent of the collector of the district in which the land is situate, direct the collector to take chaige of such part of the properly or interest the~ein of the mentally ill person as cannot be taken charge of by the court of wards (3) where the management of the property of the mentally ill person 15 cannot be entrusted to the court of wards or to the collector under sub-section (1) or sub-section (2), as the caf:e may be, the district cour shall appoint any suitable per'3on to be the manager of such property appoint ment of manager by collector 58 where the property of a mentally ill person has been entrusted to the collector by the district court under sub-section (2) of section 57, he may, subiect to the control of the state government or of any 20 authcuity appointed by it in that behalf, appoint any suitable person fori fhe management of the property of the mentally ill person manager of propertyto ed!cute bond 59 every person who is appointed as the manager of the property of a mentally ill person by the district court or by the collector shall, 25 if so required by the appointin'g authority, enter into a bond for such sum, in such form and with such sureties as that authority may specify, to account foir' all il'eceipts from the property of the mentally ill person 60 the guardian of a mentally ill person and the manager of his property appointed under thi~ art shall be paid,from out of the pro' 0 perly of the men tall v ill person, such allowance as the appronting 3 authority may determine remuneration of managers and guardians 61 (1) every person appointed as guardian of a mentally ill person duties of guardian or manager of his property, or of both, under this act shall have the care of the mentally ill person 01' his property, or of both and the responsible for the maintenance of the jl"e'ntally ill person and of such members 0" 35 his family as are dependent on him (2) where the person appointed as 'guardian of a mentally ill pemion is different from the person appointed as the manager of his property, the mana1ter of his rrope'rty shall pay to the ~ardian of the m~tally ttl per::on such allowance as may he fheed by the authority aippointing 40 the guardian for the maintenance of the mentallv ill person and of 'such members of his famdy as are dependent on him powera of 82 (1) every manager appointed under this act shall, subject to the manapr provisions of this act, exercise the same powers in regard to the manage met of the ,property of the mentally ill person in respect of which be ii 45 iifpoblted 18 manager ,as the mental1y ru penon would h'ave' exercise4 as owner of the ·property had he not been mentally ill, and shall release lid claims due to the estate of the mentally ill person and pay all debts and discharge all liabilities legally due from that estate: s provided that, the manager shall not mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person or lease out any such property for a period exceeding five years unless he obtains the permission of the district court in that behalf 10 (2) the district court may, on an appllcation made by the manager, grant him permission to mortgage, create a charge on, or, transfer by aale, gift, exchange or otherwise, any imm{)vable property of the mentally ill person or to lease out any such property for a period exceedmg five years, subject to such conditions or restrictions as that court may think fit to 15 impose \ (3) the district court shall cause notice of every application for permiiaion to be served on any relative or friend of the mentally ill person and a1iter considering objections, if any, received from the r·elalive or jjriend and after making such inquiries as it may deem necessary, grant 20 or refuse permission having regard to the interests of the mentally ill person m,-pager to furnish inventory and annual accounts 63 (1) every manager appointed under this act shall, within a period of six months flrom the date of his appointment, deliver to the authority, which appointed him, an inventory of the immovable property belonging lis to the mentally ill person and of all assets and other movable property received on behalf of the mentally ill person, together with a statement of all claims due to, and all debts and liabilities due by, such mentally ill person (2) every such manager shall also furnish to the said appoijlting 30 authority within a period of three months of the close of every financial years, an account of the property and assets in his charge, the sums reo ceived and disbursed on account of the mentally iji person and the balance remaining with him 64 every manager appointed under this act may, in the name and on 35 behalf of the mentally ill person,-(el) execute all such conveyances and instruments of transfers by way of sale, mortgage or othettwise of property of the mentally ill person as may be permitted by the district court; and manager's power to execute conveyances under orders of district court (b) sul1ject to the orders of the distridt court, exercise an powers vested in that behalf in the mentally m per9on, in his individual capacity or in his capacity its a trustee or as a guardian manager to perform contracts directed by district court 85 where the mentally ill person had, before his mental illness, contracted to sell or otherwise dispose of his property or any portion thereor,and if such contract is, in the opinion of the district court, of such 4s 8i natw'le as ought to be performed, the district court may direct the manager appointed under 'this act to perform such contract and to do such other acts in fulfilment of the contract as the court considers neces-881"y and thereupon the manager shall be boulld to act accordingly 18 where a mentally ill person had been engaged in business before so he' bef;ame mentally ill, ·the district co\u't may, if it appeart to be for disposal of business pretnf •• the beneftt of the mentally ill person to dispose of his business premisea, direct the manager appointed under this act in relatioa to the property of such person to sell and dispose of such premises and to apply the sale proceeds thereof in such manner as the district court may direct and thereupon the manager shall be bound to act accordingly s manager may dispose of leases 67 where a mentally ill person is entitled to a lease or underlease, and it appears to the manager appointed under this act in relation to the property of such person that it would be for the benefit of the mentally ill person to dispose of such lease or underlease, such manager may, after obta:ning the orders of the district court, surrender, assign or 10 otherwise dispose of such ilease or underlease to such person for such consideration and upon such terms and conditions as the court may ciirect 68 the district court may, on an application made to it by any person concerning any matler whatsoever connected with the mentally ill person or his property make such order, subject to the provisions of, 15 this chapter, in relation to tha,t matter as in the circumstances it thinks fit power to make order concerning any matter connected with mentally ill person 69 if any l'ialative of the mentally ~11 person or the collector impugns, by a petition to the district court, the accuracy of the inventory or statement referred to in sub-section (1), or, as the case may be, any 20 annual account referred to in sub-section (2), of section 63, the court may summon the manager and summarily inquire into the matter iuld make such order thereon as it thinks fit: proceedinr if accuraeyof inventory or accounts is impugned provided that the district court may, in its discl"etion, refer silch petition to any court subordinate to it, or to the collector in any case 25 where the manager was appointed by the colleotor and the petition is not presented by the collector, 70 all sums received by a manager on account of any estate in excess of what may be required for the current expenses of the mentally ill pemon or for the management of his prope1'1ty, shall be paid into the 30 public treasury on account of the estate, and shall be inv,ested from time to time 'in any of the securities specified in section 20 of the indian payment into public treasury and investmentof proceeds at estate trust~ act, 1882, unless the authority which appointed him, for rea!sons z at ibn to be recordal in writing, directs that, in the interests of the mentaiiy ill person such sums be otherwise ~vested or applied 35 71 any relative of a mentally ill person m8ly, with 'the leave of the relative may sue tor accounts di~rict court, sue for an account from any manager appointed under this act, or from any such person after his removal from office or trust, or from his legal representative in the case of his death, in respect of any property then or formerly under his management or of any sums of 40 money or other property received by him on account of such property removal of managers and iwu'cilada 72 (1) the manager of the property of a mentally ill person may, for !iklfftclent cause and for reasons to be recorded in writing, be removed by !the authority which appointtrihim and such authority-may appold~ a new manager in his place 4s , · (!) any manager removed under ~ub-seetion (1) shall be botinc1 to dfillver the eh81 ge of 811 property of the mentally ill person· to the new manager, and to account for all moneys received or disbursed by hini (3) the district court may, for sufficient cause, remove any guardian 5 of a mentally ill person and appoint in his plaoe a new guardian 73 (1) where a person, being a member of a partnership finn, is found 10 be mentally ill, the district court may, on the application of any other partner for the dissolution of partnership or on the application of any petrson who appears to that court to be entitled to seek such 10 dissolution, dissolve the pailtnership (2) upon the dissolution under sub-s'ection (1), or otherwise, in due cour,;e of 18lw, of a partnership fi\t'm to which that sub-section applies, the manager appointed under this act may, in the name and on behalf bf the mentally ill person, join with the other partners in disposing of dissolution and disposal of property of partnership on a member becomin, mentally ill i s the partnership property upon such terms, and shall do all such acts for carrying into effect the dissolution of the partnership, as the district court may direct 74 (1) notwithstcmding anything contained in the foregoing provis~ons, the district court may, instead of appointing a manager of the 20 estate, order that in the case of cash, the cash and in the case of any other property the produce thereof, shall be realised and paid or delivered to such person as may be appointed by the district court in this behalf, to be applied for the maintenance of the mentally ill person and at such members of his family as are dependent on him (~) a receipt given by the person appointed under sub-section (1) 2s shall be valid discharge to any person who pays money or delivers any property of the mentally ill person to the person so appo:nted power to apply property for maintenance of mentally ill person without appointin, manager in certain cases 75 where any stock or government securities or any share in a company (transferable within india or the dividends of which are pay-30 able therein) is or are standing in the name of, or vested in, a mentally ill person beneficially entitled thereto, or in the manager appointed under this act or in a trustee for him, and the manager dies intestate, or himself becomes mentally ill, or is out of the jurisdiction of the district court, or it is uncertain whether the manager is living or dead, or power to order transfer of stock belonlin, to mentally ill person in certain cas 3s he neglects or refuses to transfer the stock, securities or shares, or to receive and pay over thereof the dividends to a new manager appointed in his place, within fourteen days a£ter being required by the court to do so, then the distriet court may direct the company or government concerned to make such transier, or to transfer the same, and ,to receive 40 and pay over the dividends in such manner as it may direct 76 where any stock or government securities or share in a company is or ~ standing in the name of, or vested in, any person residing out of india, the district court upon being satisfied that such person has been decland to be mentally ill and that hij personal estate has been 4s vested in a person appointed for the management thereof, according to the law of the place where he is residing, may direct the company or government concerned to make such transfer of the stock, securities or | power | to ||----------|-------|| order | || transfer | || of | stock || c1f | || mentally | || ill | || person | || residing | || out | of || india | |~ or of any part thereof, to or into the name of the person so appointed or othel"wise, and also to receive and pay over the dividulds and proceeds, as the district court thinks fit 77 if it appears to the district court that the mental illness ofa mentally ill person is in its nature temporary, and that it is expedient s ito make provision for a temporary period, for his main'tenance or for the maintenance of such members of his family as are dependemt on him, the district court may, in like manner as under seeticm 74, direct his property or a sufficient part theroof to be applied for the purpose ifi· ed th 10 spec eorem power tel apply property for mentally ill person's maintenance in case of temporary mental illness 78 (1) where the district court has reason to believe that any petson who was found to be mentally nr nfter inquisition under this chapter has ceased to be mentally ill, it may direct any court subordinate to it ito inquire whether such person has ceased ,to be mentally ill (2) an inquiry under sub-section (1) shall, so far as may be, be con- is ducted in the same manne!i' as an inquisition conducted under this chapter action taken in respect of mentally ill person to be set aside if district court finds that his mental linea baa ceased (3) if aofter an inquiry under 'this section, it is found that the mental illness of a penion has ceased, the district court shall order all aritons taken in respect of the mentally ill person under this act to be set aside 20 on such terms and conditions as that court thinks fit to impose appeals 79 an appeal ~al1 lie to the high court from every order made by a district court under this chapter so the district court may, from time to time, make i'iegulations for the purpose of carrying into effect the provisions of this chapter 2s power of district court to make regulations chapter vi liab1lity -to meet cost of maintenance of mentally ill persors dftaina> in psychiatric hospital or psycinatric nursing homb81 the cost of maintenanee o£ a mentally ill person detained as an inpatient in any psychiatric hospital 01' psychiatric nursing home 30 shall, unless otherwise provided for by any law for the time being in force, be borne by the government of the state wherein the authority which passed the order in relation to the mentally ill person is subordinate, u-cost of maintenance to be borne by government in cenain cases (4) that authority which made the order has not taken an 35 undertaking from any person to bear the cost of maintenance o~ such mentally ill person, and (b-) no provision for bearing the (!ostof maintenance of 111gb person has been made in the said order ti whare an alleged mentllly ill penon is uresied on being found wandering at large, any eash or other article found in the poaaesaion of lu'eh person shall be produced by the arrestin! authority before the agisa-ate before whom the said person is produced, and thereupon, s the magistrate shall direct the artiele found in the possession of such person t~ be sold and the sale proceeds thereof and the cash found with such person be applied for the cost of maintenance of such person in any paychiatric hospital or psychiakic nursing home applica-tion of property' in p0ssession of mentally ill persor found wandering 83 (1) where any mentally ill person detaided in a psychiatric io hospital or psychiatric nursing home has an estate or where any person legally bound to maintain such person has the means to maintain such person, the government liable to pay the cost of maintenance of such person under section 81 or any local authority liable to bear the cost of ~intedance of such mentally ill person under any law for the time 15 being in force, may make an application to the district court within whose jurisdiction the estate of the mentally ill person is situate or t~e person legally bound to maintain the mentally ill person and having the means therefor resides, for an order authorising it to apply the estate of the mentally ill person to the cost of maintenance or, as the case may 20 be, directing the person legally bound to maintain the mentally ill person and having the means therefor to bear the cost of maintenance of such mentally ill person application to di&trict court tor payment of cost of maintenance out of estate of mentally ill person or from a person legally bound to maintain him (2) an order made by the district court under sub-section (1) shall be enforced in the same manner, shall have the same force and effect 25 and be subject to appeal, as a decree made by such court in a suit in respect of the property or person mentioned therein: provided that, if the district court so directs, any sum payable in pursuance of an order made under sub-section (1) shall be recoverable as an arrear of land revenue 3') 84 nothing contained in the foregoing provisions shall be deemed to absolve a person legally bound to maintain a mentally ill person from maintaining such mentahy ill person chapter vii penaltiils and procedure35 85 (1) any person who establishes or maintains a psychiatric hospital or psychiatric nurling home in contravention of the provisions of chapter ii shall, on conviction, be punisltable with imprisonment for a term which may extend to thlree months, or with fine which may extend to two hundted rupees, ot with both, and in the case 40 of a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fihe which may extend to one thousand rupees, or with both persons legally bound to maintain mentally ill person not absolved trom such liability penalty for establishment or maintenance of psych-iatric hospital of pbychatric nursing home in contraveq-tion ot chaptern (2) whoever, after conviction under sub-section (1), continues to maintain a psychiatric hospital or psychiatric nursing home in contra-45 vention of the provisions ot chapter ii, shall, on conviction, be punishable with fine which may extend to one hundred rupees for every day after the first day during which the contravention is continued 86 any person who receives or detaina or keeps a mentally nl person in a psychiatric hospital or psychiatric nursing home otherwise than in accordance with the provisions of this act, shau, on conviction, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with 5 b:>th penalty for improper reception of mentauy ill person penalty for contravention of bections 63 and '12 87 any manager appointed under this act to manage the property of a mentally ill person, who contravenes the provisions of section 63 or sub-section (2) of section 72, shall, on conviction, be punishable with fine which may extend to five hundred rupees and may be detained in 10 a civil prison till he complies with the said provisions general provision for punishmentof other offences 88 any person who contravenes any of the provisions of this act or of any rule or regulation made thereunder, for the contravention of which no penalty is expressly provided, in this act, shall, on conviction, be punishable with imprisonment for a term which may extend to six 15 months, or with fine which may extend to five hundred rupees, or with both offences by companies 89 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of 20 the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was 2s committed without his knowledge or that he had exercised all dui! diugence 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 con- 30 nivance 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 35 explanation-for the purposes of this section,-(a) "company" means a body corporate and includes a firm or other association of individuals; and (b) '''director'', in relation to a firm, means a partner in firm the 40 sanction for pro-mcgtlonl 90 notwithstanding anything contained in the code of criminal procedure, 1973, no coull't shall take cognizance of any offence punishable under section 85, except with the previous sanction of the licensing authority chapter vln miscellaneous2 of 1974 provision as to bonds 81 the provisions of chapter xxxiii of the code of cririlinal pro~ eedure, 1973, shall, as fer as may be, apply to bonds taken under this 5 act half yearly report by medlcal officer 92 the medical officer in charge of a psychiatric hospital or psychiatric nursing home wherein any mentally ill person is detained under the provisions of this act, shall, once in ~very six months, make a special report regarding the mental and physical condition of every such person io to the authority under whose orders the person is so detained 93 (1) where any sum is payable in respect of pay, pension, gratuity 01' any allowance to any person by any government and the person to whom the sum is payable is certified by a magistrate under this act to be a mentally ill person, the officer under whose authority such sum pension, etc,ot mentally ill person payable by government j 5 would be payable, may pay to the person having charge of the mentally ili" person so much of the said sum, as he thinks fit, having regard to the cost of maintenance of such person and may pay to such members of the family of the mentally ill person as are dependent on him for maintenance, the surplus, if any, or ~uch part thereof as he thinks fit hat'ing 20 regard to the cost of :naintenanrc of such members (2) where there is any further surplus amount available out of the funds specified in sub-section (1) after making payments as provided in that sub-section, the government shall hold the same to be dealt with as follows, namely:-25 (a) where the mentally ill person is certified to have ceased to be mentally ill by the district court within the local limits of whose jurisdiction such person resides or is kept or detained, the whole of the surplus amount shall be paid back to that person; 30 (b) where the mentally ill person dies before payment the whole of the surplus amount shall be paid over to those of his heirs who are legally entitled to receive the same; 35 (e) where the mentally ill person dies during his mental illness without leaving any person legally entitled to succeed to his estate the whole of the surplus amount shall with the prior permission of the district court be utilised for such charitable purpose as may be approved by the district court (3) the central government or the state government as the case may be, shall be discharged of all liability in respect of any amounts paid in accordance with this section 40 m (1) where, in any proceeding before a magistrate, the mentally ill person is not represented by a legal praetitioner and where it appears to the magistrate that the penon has not sufticient means to eng e a legal practttioner, the magistrate shall assip a legal practitioner to represent him at the expense of the state legal aid to mentally ill person at state expense in certain cueto 45 (2) the high court may, with the previous approval of the state government, make rules providing for-(a) the mode of seteettng legal lh'aetitioners for the purpose of sub-sedion (1); (l? ) the facilities to be allowed to such legal practitiodel'8; (c) the fees payable to such legal practitioners by the goverament and generally for carrying out the purpose of sub-section (1) s (3) for the removal of doubts it is hereby declared that tbe provi-iims of this section slaau not apply to any proceeding for inquisition uader chapter v of this ad etplanation-iil this section "legal practitioner" shall have the meabing assigned te it in dause (i) of sec:tion z of the anocates act, 10 25 of 1961 1961 95 (1) no suit, prosecuthn or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made 15 thereunder protection of action taken in good faith (2) no 8uit or other legal prooeeding shall lie against the government for any damage caused or lik-ely to be caused for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder m any reference in this act to a law which is not in force in the 20 state of jammu and kashmir shall, in relation to that state be construed as a reference to the corresponding law, if any in force in ,that state construction of references to laws not in iiorcein jammu and kashmir 97 (1) the state government may by notification in the oftlcial g~zette make rules for carrying out the provisions of this act 25 | power | to ||----------|-------|| state | || govern- | || ment | 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 clinical conditions referred to in clause (m) of section 2; (b) the class or category of persons for whom separa~e p~)'chiat- 30 ric hospitals and psychiatric nursing homes may be established and maintained under clause (c) of sub-section (1) of section 3; (c) the form in which,-(ii) an application shau he made for grant or renewal of a licence and the fee payable in respect thereof under section 5- or~ as 35 the case; may be, section 9; (ii) a lice,nce shall be granted for the establlshment or m"intenance of a psychiatric hospital or a psychiatric nurs~ home under section 6; (iii) an applieation shall be made by any relative or friend of a mentally ill person for a temporary treatfnent order 40 under section 20; (it,) an application shall be made for a reception, order under section 22; (v) a medical certificate, referred to in sub-section (6) of section 22 shall be granted; (vi) an application shall be made for the admission of a mentally ill person in an emergency under sub-section (1) of sec-:' tion 28; (vii) a certificate shall be given by a medical practitioner for the admission of a mentally ill person in an emerg~ under sub-section (2) of section 28; (d) the manner in which applic8ltion for a reception order shall 10 be signed and verified under sub-section (6) of section 22; (e) the minimwn facilities referred to in the proviso to section 9 to be provided in a psychiatric hospital or psychiatric nusing home for the treatment and care of mentally ill persons; (f) the manner in which an order refusing to grant, or i e\'ok;n~ 15 a licence shall be communicated under section 6 or, as the case may be, section 11; (g) the manner in which and the conditions subject to which a licensee shall maintain a psychiatric hospital or psychiatric nursing home under section 10; 20 (h) the manner in which licensees shall maintain records under sub-section (1) of sellction 13; (i) the manner in which and the form in which and the period within which an appeal against any order refusing to grant or renew a licence or revoking a licence shall be preferred and the fee payable in respect thereof under section 12; (j) the facilities to be provided under section 14 for the treatment of a mentally ill person; (k) the qualifications of persons to be appointed as visitors and the terms and conditions on which they may be appointed, under section 40; 30 (l) any other matter which is required to be, or may be, prescribed (3) any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to five 35 hundred rupees effect of act on other laws 98 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force and to the extent of such inconsistency that other law shall be deemed to have no effect power to remove difficult)' 40 91 if any difficulty arises in giving effect to the provisions of this act in any state, the state government may, by order do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty: provided that no order shall be made under this section in relation 45 to any state auer the expiry of two years from the date on which thl act comes into force in that state 100 (1) the indian lunacy act, 1912 and the lunacy act, 1977, are hereby repealed and kashmir act 215 of 1977 (19z0 ad) (2) notwithstanding such repeal, anything done or any action taken under either of the said acts shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed 5 to have been done or taken under the corresponding provisions of this act and shall continue in force until superseded by anything done or any action taken under this act statement of objects and reasonsthe attitude of the society towards persons afflicted with mental illness has changed considerably and it is now realised that no stigma should be attached to such illness as it is curable, particularly, when diagnosed at an early stage thus the mentally ill persons are to be treated like any other sick persons and the environment around them should be made as normal as possible 2: the experience of the woil'king of the indian lunacy act, 1912 has revealed that it has become out-moded with the npid advance of medical science and the understanding of the nature of the malady, it has become necessary to have fresh legislation with provisions for treatment of mentally ill persons in accordance with the new approach 3 it 1s considered necessary-(i) to regulate admission to psychiatric hospitals or psychilltric nuil'sing homes of mentally ill persons who do not have sufficient understanding to seek treatment on a voluntary basis, and to protect the rights of sl,jch persons while being detained; (ii) to protect society from the presence of mentally ill persons who have become or might become a danger or nuisance to others; (iii) to protect citizens from being detained in psychiatric hospitals cr psychiatric nursing homes without sufficient cause; (iv) to regulate responsibility for maintenance charges of mentally ill persons who are admitted to psychiatric hospitals or psychiatric nursing homes; (v) to provide facilities for establishing guardianship or custody of mentally ill persons who are incapable of mana~ng their ~ affairs; (vi) to regulate the powers of state governments for establishing, licensing and oontrollins p~chiatric hospitals and psychiatric nursing homes for mentally ill penions; (vii) to provide for legal aid to mentally ill persons at state expense in certain cases 4 the main object of the bill is to implement the aforesaid proposals the notes on clauses appended to the bill explain in detail the various provisions thereof new delhi; the 25th april, 1978 jagdambi prasad yadav pllesip~it's recommendatiqn under allticle 117 of 'me constitution of india [copy of letter no h 1101r/1/78--pms', dated the mq may, 1978 from shri jagdambi prasad yadav, minister of state in the ministry of health and family welfare to the secretary, lok sabha] the president, having been informed of the subject matter of "the mental health bill, 1978", recommends under clauses (1) and (3) of article 117 at t~e constitutiqn, the introduction of the said bill and its copsideratjon by th~ l,ok sablul clause 2-this clause, corresponding to section 3 of the indian lunacy act, 1912 (hereinafter refel'li'ed to as the old act), contains the definitions in view of the change in the attit~de of the society towards persons afflicted with mental illness, the out-moded expressions like "asylum", "criminal lunatic" and "lunatic" have been substituted by suitable alternative expressions such as "psychiatric hospital or psychiatric nursing home", "mentally ill offender" and "mentally ill person" the definition of the expression "mental illness" has been suitably modified t) make it comprehensive expressions like "medical practitioner", "psychiatrist" and "temporary treatment order" have also been defined in accordance with the scheme of the bill cla1l8e 3-this clause corresponds to section 84 of the old act it empowers the central government in any part of india or the state government within the limits of its juli'isdiction to establish or maintain psychiatric hospitals or psychiatric nursing homes for the admission, treatment and care of mentally ill persons clauses 4 to ll-clause 4 provides tnat no person shall establish or maintain a psychiatric hospital or psychiatric nursing home unless he holds a valid licence in that behalf clauses 5 to 10 relate to the application for licence, grant or refusal of licence, duration of licence, renewal and revocation of licence, etc these are self-explanatory clause l2-'l'his clause provides an opportunity to an aggrieved person to appeal against an order of the licensing authority refusing to grant o'i'renew a licence or revoking a licence clause l3-this clause provides for the inspection of psycniatric hospitals and psychiatric nursing homes by inspecting officers for the purpose of inquiring into any complaints made by or on behalf of patients as to the treatment and c;are therein such inspecting officers can also requia'e the production of any records which are required to be kept in such hospitals or nursing homes clause 14-this clauae provides for the facilities to be provided in a licensed psychiatric hospital or licensed psychiatric nursing home fur the treatment of mentally ill persons whose condition do not warrant for their admission as in-patients clauses 15 to 17-these clauses provide foil' admission of mentally ill perscms to any psychiatric hospital or psychiatric nursing home for treatment as volwltary patients clause 16 (2) also provides that the state government may in certain cases bear the cost of mainterialice of the volwltary patients clause 17 provides that all voluntary patients shall be bound to abide by regulations of the psychiatric hospital or psychiatric nursing home wherein they are in-patients clause lb-this clause provides for the leave of absence of ditichal'ge of voluntary patients _ ~ w • ,;~ clause 19-this clause provides that any mentally ill person who does do~or is unable to, express his willingness for admission as a voluntary patient may be admitted and kept as an in-patient in a psychiatric hospital or psychiatric nursing home on an application made by a relative of the mentally ill person for a period not exceedmg ninety days if the medlcal olicer in charge of such hospital or nursing home is satisfied that in the interests of the mentally ill person it is! necessary so to do cla:use 20-this clause provides fur temporary treatment order of the mentally ill person on an application made to the magistrate by a relative ()jl" friend of a mentally ill person sub-clause (2) of this clause provides that every such application should be accompanied by two medical certificates from two medical practitioners (including a psychiatrist) of whom one shall be a medical practitioner in the service qf the government to the effect that the condition of such mentally ill person is such that he should be kept under observation as an in-patient in psychiatric hospital or psychiatric nursing home clause 21-this clause provides for discharge of persons detained in psychiatric hospitals or psychiatric nursing homes under tempol"ary treatment order c1auses 22 to 26-these clauses correspond to sections 5 to 7 of the old act clause 22 provides that a medical officer in charge or the husband, wife or anx otlier relative of the mentally ill person may make an application for a reception order where such mentally ill person is suffering from a mental disorder of such a nature and degree that his treatment is required to be continued for more than six months every such application should be accompanied by two medical certificates from two medical practitioners (mcluding a psychiatrist) of whom one sliall be a medical practitioner in the service of the government , clause 23 provides for the form and contents of medical certificates -clause 24 provides for the procedure to be followed on receipt of an applicati9d under clause 22 clause 25 provides for the powers and duties of police oftlcers in respect of certain mmta11y ill persons it empowers the officer in charge of a police station to arrest or to cause to be4 arrested any person found wandering at large within the limits of his station whom he has reason to believe to be so mentally ill as to be incapable of taking care of himself and any person within the limits of his station whom he has rreason to believe to' be dangerous by reason-of mental illness clause 26 provides for the procedure to be followed on produc-tion of mentally ill person before a magistrate clause 27-this clause corresponds to sections 13 and 15 of the old act it empowers every officer in charge of a police statton who has reason to believe that any person within the limits of his station is mentally ill and is not under proper care and controlqr is ill"-treated or neglected by any relative or other person having'charge,afsuch mentally ill person to report forthwith such fact to the magistrate within the local limits of whose jurisdiction such mentally illpersbn: resides clause 28-this clause provides for admission of mentally ill person ;'in'emergency on an' applieation made by any'medreal offieer or'medical -practitioner or any :friend (,r relative of a mentally ill person where he is of opinion that unless such mentally ill 'person' -i~fliwm'edfately' ilamitted to' 'any psychiatric fiospital or psychiatric nursing home foil' t/r~atment' the health bnd personal safety of such ~rson 'or'of'-others)waj: be! in iiruni~ 'nent danger every such applicaticn shall be'-supported by s-d!t'tmcate to that effect from a medical practitioner clauobe 29-this clause corresponds to section 25 bf the old act it provides for the admission of a mentally ill "lierson as 'an -inwpatient itter inquisition held by any district court clause 3o-this clause corresponds to section 24 of the old act and , deals with the admission and detention of mentally ill offenders clause 31-this clause corresponds to section 16 of the old act and tletl'ls with the detention of alleged mentally ill person periding report" by medical officer -clause 32-this clause provides for the detention of mentally il1 person pending his removal to psychiatric hospi~al or psychiatric nursing home cwuse 33-this clause corresponds to section'19 bfthe old act it provides for the time and maimer of medical':elftmimltion:'of mentally ill persons clause 34-this clause deals with the authority for reception order or for temporaaoy treatment order in so far as it relates to the reception order it corresponds to section 20 of the old act clause 35-tbis clause provides for a copy of the tem~tary tl'fiatment order or reception order to be sent to the medical officer in charge in so far as it relates to the reception order, it corresponds to section 21 of the old act clause 36-this clause provides for the' restiriotion"as'rto'~iatric hospitals or psychiatric nursing homes into which temporary treatment otaer or reception order may direct adm:ission in so far as it relates to reception order it coil'i'esporids to seetion 22 of the old act clause 37,-this clause corresponds to se'ctlori'!7 of'ttie tsld'act and 'beals with the ilm~ridment of any order or doctimetits clcuse 38-this clause corresl>onds to section ha of the ,tuda-ct and empowers the magistrate to appoint substitute for perstin ,upon whose application reception order has been maae clause 39-this clauliecorre!ipondshi'sectibn 17 'o'ft11c! dlcpllet and 6lumerates ofticers competent to exercise powers and aischarge funetiolll of glstrate under certain provisions of··this -bill clavaea 40 to 47-these, clauses correspoidd tg,~~s i~ i,q];3i pi the old ,act clause 40 provides for the appointment of visitors for every psycjli~,~ric 'hospital and psychiatric nursing home clause 41 provides for the monthly inapecti"d of p8f~hiatric hospitals or psychiatric nursing homes by visitors chluse 42 provides foa the inspection of meptally)ll o~e~ders 'by the inspector-general of prisons clause 43 deals with the ,order of discharge by v:isitona on the recommendation of the medical officer in charge clause 44 provides for the discharge of mentally ill penon on application clause 45 provides for the order of discharge of mentally iii person on: the undertaking of relative or friends, etc, for due care of such mentally ill ,per1wjl -clause 47 provides for the discharge of persons ,sudlequently found oq inguisition not to be of unsou,nd mind cjauses 48 and 49-clause 48 provides ,for l~ve ot,apfiepce on behalf of any mentally ill person (not being mentlllly ill off~nde:c} ulld~rgoing tre~mepyt a~ a~ in-patie,nt in any psychiatric hospital oil' psychiatric nu,r~i,r;te h,qjl1ejo be r'rat:lteri by thp·medical officer in charge clause 49 provides for such leave to b,c, gr~,t;1,t~d, b"y, a;~~istrate where the medical officer in chail"ge refuses to grant ,such ieave clause 50-this clause provides for th,e red1ovlil,l,of roe~l1y it;lperson, other than a voluntary patient from one,psychiatric hospitalor p,~ycj:\iatric nursing home to another ' clause 61-this clause corresponds to section 36 of th~ old ac~ it provides for the admission, detention and re~~k,i~g,of ",l)tally iilpersons , in certain cases cziju8e 52-this clause gives an opportuoity to th~ agw,-ieve,tl person to appeal against an order passed by a magistrate to ,the d~sjric,t court clauses 53 to 79-these clauses, moire or less, correspond to sections 37 to 83 of the old act: these clauses provide for applicaticn for ;urhcial inquisition: issues on which finding should be given bv district court after inquisition; appointment of gum"dian of mentally ill person; appointment of man~ for mana'g,ement of property ()·f mentallv ill pliu'son; appo~' ofmanager by collector; manager of promi"ty to execute bonds, to accoj,jnt, for all receipts from the property of mentallv ill person; remuneratiql! of manager and gut-1tciinn: duties of j!l1qrdian; pawers of manager to execute conveyances under orders of district court and other powers and functions of the mana ~er to furnish inventory and annual account· and to perform contracts directed by district court; disposal of business premises or, leases bv the m:'ln!lgl'!r under the direction of the district court'; power of district court to make orders concerning 'any other matter connected with the mentally ill person; proceedtn~ if accuracy of-iny,e~tqry or a~o\lnts is impugned; pa)"me~t in!o rpublic tr~9surv ~d investment of proceeds of estates; right of a relative of a men~ai1y m person to sue for accounts; removal of managers and guardians;· dialolution and disposal of partnership on a member becoming mentally fi}; power to apply property for majntenance of mentally m person without appointing manager in certain cases; power to order transfer of stock belonging to mentally pi p~rsl')n i!1 r,ertain c';>'3es; power to order transfer of stock of mentally ill person residing out of india; power to apply property for mentally ill pe~on's maintenance in case of temporary mental illness; action taken in respect of mentally ill persons to be ':t aside if district court finds that his mental illness has ceased, etc ' clause 79 provides for an appeal to lie to the high court from any order made by a district court cltlu6e 80-this clause, empowers the district court to make regulations for the purposp of cnrryin's into effect the aforesaid provisioillj clauses 61 to m,·-these clauses correspond to sections 86 to 90 of the old act clause 81 pr(wides for the cost of maintenance to be borne by government in certain cases clause 82 provides for the application of the property found on a mentally ill person who is arrested on being found wandering at large for the cost of his maintenance clause 83 provides for an application to be made to th~ di-;-irlcl court for payment of cc'st of maintenance of a mm'ltally ill person out of his estate nr from such person who is le~~l1y bound to maintain the mentally ill person -, clause 84 provides that nothin~ contained in the aforesaid provisions shall absolve a person who is lel!ally bourid to maintain a mentally ill pei"sf)n from mainta;ning sul~n niental1v ill person clauses 85 to 89-these clauses deal with t"he penalties and procedure they are self-explanatory_ c7au<:e 9o-this clause provides fot' the previous sanction of the licen~ing authority before any of the off('nces is taken cognizance of by auy court oil' magistrate clause 91-'rhi~ clause corresponns tr:> section 94 of the old act and rl~al!" with bonds clau"e 92-thi::; clruse reouires the medieal officer in charge of a· psychiatric hospital or nsychiatrlc nursing home to make a special report once in every six months regal'ding the mental and physical condition of every mentally ill person detained therein to the authority unaer whose order the person is so detained clause 93-this clause corresponds to section 95 of the old act it provides for the pay pension ~j\tuitv or any allowance to be pard to any mentally ill person by government; , clause 94-thi!t clause provides for le!1,al aid to mentally ill persons at state e'ypen!'!e in certain cases 'i' r -cla\c8e 95-thi$ clause provides fof the pro~tion of actlon taken in good faith clatlbe 96-this clause provides for the construction of rderences to laws not in force in the state of jammu and kashmir clause 97-this clause empowers the state government to make rules for carrying out the provisions of this bill clause 98-this clause provides that provisions of this bill shall have effect notwithstanding anything inoonsistent therewith in any othel" law foli' the time being in force and to the extent of such inconsistency that other law shall be deemed to have no effect clause 99-this clause empowers the state government to remove any difficulty which may arise in giving effect to the provisions of this bill within a period of two years from the date on which tbis law comes into force ill the state concerned clause l00-this clause contains provisions regarding repeal and savings since this bill, when enacted, extends to the whole of indi; •• the indian lunacy act, 1912 (4 of 1912) and the lunacy act, 1977 (jammu and kashmir act 25 of 1977) are being repealed clause 3 of the bill empowers the central government to establish psy~tric hospitals 01' psychiatric nursing homes it is not possid1eto vi,,{~~ ,~, this stage as !to how many such hospitals or nul"lij:lg 'oomas: wouu~,~tabusbed· !tria, therefore, not possible 1;0 ·glve preciledewls of the expenditure involved; 2 • cja~ 40 of·the bill provides for the appointment of -visitors for pel:~ ,m,pection of psychiatric hospitals and psychiatric nursing hoqlt$ at presenti there is only one such hospital, namely, the centrai institute of psychi~try, ranchi, under the government :af' ind'ia~· apart from this, there are two more such hospitals in the un~ terri~o~~s of delhi and goa, daman and diu jo:lown as the h;9\spit~ for m;e~t~l djteaaes shahda1'8 and the menta~ hospital panaji, respectively the expenditure in ~ of the maint~a!l<:eofthe afores~~~~j>tt~s a,j,1c\ 'the appoin1ment of visitors in relation itbereto is being made from out of the normal budgetary grants hence, no additional expenditure of a recurring or non-recurring nature over and above the said budgetary grants will be incurred on account of the said clause 3 clause 94 provides for legal aid to mentally ill persons at state expense in certnin cases the fees and the facilities to the legal practitionen: in such cases are to be prescribed by rules made by the high court it is, therefore, not possible to give precise details of the expenditure involved memorandum regarding delegated legislationclause 97 of the bill empowers the state government to make rules for carrying out the provisions of the act the matters in respect of which rule may; be made have been enumerated in detail under various items; of sub-clause (2) of that clause and relate mainly to licensing and maintenance of psychiatric hospitals and psychiatric nursing homes; procedure fdr admission oj! mentally ill persons in psychiatric hospitals and psychiatric nursing homes and facilities to be provided for the treatmen t of mentally ill persons 2 the matters in respect of which rules may be made are of administrative detail and procedure, and as such, the delegation of legislative power is of normal character ,) a billto consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for matters connected therewith or incidental thereto (shri jagdamhi ptasad yadav, ministet of state in the ministry of health and familiy welfare)

Parliament_bills

198b1b1b-d021-5351-8cab-7d6c0c7c34d8

the appropriation (railways) bill, 1970 " billto authorise pf'yment and appropriation of certgin ,uma from and out of the comolidated fund of india for the service of the financial year 1971)71 for the purposes of railways be it enacted by parliament in the twenty-first year of the republic of india as follows:-1 this act may be called the appropriation (railways) act, 1970 short tiue 2 from and out of the consolidated fund of india there may be paid 5 and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the um of one th01lland seven hundred and two crores, forty-one lakhs and five thousand rupees toward defraying the several charges which wuj come in coune of payment during the financial year 1970-71, in respect 01 the services relattng to 10 railways specified in column 2 of the schedule iaueof ra1702, 41,06,_ out of the codlou_ datedl'und of iddja for the ftnancial year it'70-71 appropriation 3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year, ~~_2 _, __ 3 _| sums | not | exceeding ||-------------------------------------------------------|---------------------------|--------------------|| total | | || no of | | || vote | | || services and | | || purposes | voted | || by | | || parliament | | || 1 | | || charaed | | || on | | || 1---- | | || the canso- | | || i | | || llidated | | || fund! | | || s | | || ,------------~----------ii---------i | | || 1-- | ____ | __ || rs | | || railway | | || board | | || miac::ellaneous expenditure | | || 3,00,000 | | || 10 | | || 2 | | || 3 | | || payments to worked | | || lines | | || and others | | || 17,02,000 | | || 4 | working | || expen~cs-administrlltion | | || 78,22,7 | | || 8 | | || ,0cx> | | || i | | || 259,38,92,000 | | || 5 | working | expenses-repain || tenance | | || 10,000 | | || 259,39,02,000 | | || 6 | | || working | expenscs-operating | staff || 158,89,57,000 | | || 158,89,57,000 | | || 15 | | || 165,68,55,000 | | || 7 | | || i | | || working | expenses-operation | (fuel) || 8 \ working | expense&-operation | other || 'i | | || than staff and | fuel | || i | | || i | | || i | | || ss,z6,ooo | | || i | | || ~ | | || i | | || working expedses-miscellaneous ex- | | || , | | || pelllcs | | 1 || 36,20,65,000 | | || 20 | | || 36,04>49,000 | | || 16,16,000 | | || 1 | | || 10 | working | || expenses-staff | welfare | 25,55,21,000 || 25,55,21,000 | | || i | | || 100,0000,000 | | || ii | | || working expenses-appropriation | | || depreciation reserve | | || fund | - | || to | | || i | | || 100,00,00,000 | | || i | | || i | | || is,oopo,6oo | | || 25 | | || 15,00,00000 | | || 167,0964,000 | | || 167t09,64,000 | | || ua | | || working expenlles-appropriation to | | || ,~ension | | || fund | | - || 121 | | || dividend | | || to general | | || revenues | | || 13 | open line works (revenue) | || 9,01,71,000 | | || 36,08,05,000 | | || 14 | | || i | | || construction | of | new lines || 10,06,000 | | || is | | || open | line | works-capital, || reserve | | || fund | and development | fund || 569,19,12,000 | | || 569029,18,000 | | || 30 | | || 16 | | || i | | || pensionary | charges-pension | fund || 7,95>45,000 | | || 7,95>45,000 | | || 17 | | || 2,15,73,000 | | || repayment | of | loans from general || reve- | | || nues and interest | thereon-develop- | || ment | fund | || appropriation to development fudd | | || 5,74,59,000 | | || 574,59,000 | | || 35 | | || 18 | | || 3;6~13ooo | | || appropriation | | || to | revenuo | racrve || payments towards ahlortillitioll | | || of | | || over- | | || capitalisation, repayment | | || of | | || loan | | || m,m | | || i | | || general revenues and illtereit | thereon- | || i | | || revenue reserve fund | | || i | | || 3,65,23,000 | | || 84,80,000 | | || total | 117,01,56,25,000 | || ------------------------------~--------~------~------ | | | statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india to provide for the apprapriation out of the consolidated fund of india of the moneys required to meet the expenditure char,ed on the consolidated fund of india and the grants made by lok sabha in respect of the estimated expenditure of the central government on railways, far the financial year 1970·71 g l nanda president's recommendation under article 117 of the constitution of india[copy of letter no 70-b-4017ii dated the 23rd february, 1970 from shri guizar! la! nanda, minister of railways to the secretary, lok sabha] the president having been informed of the subject matter of the proposed appropriation bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the grants made by the lok sabha for the financial year, 1970-71, recommends under clauses (1) and (3) of article 117 of the constitution of india the introduction in and consideration by the lok sabha of the appropriation bill fa blll to authorise payment and appropriation of certain sums from and out of the consolidated" fund of india for the service of the financial year 1970-71 for the purposes of railways (shri gulzari ltd nanda, minister of rai/fdqys)

Parliament_bills

6ada1cf0-f42e-5210-860a-8b89015e1a87

bill no xxxvi of 2019 the nationalisation of inter-state rivers bill, 2019 a billto provide for nationalisation of inter-state rivers for the purpose of equitable distribution of river waters among the states and for matters connected therewith or incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the nationalisation of inter-state rivers act, 2019 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means the state government or union territory administration, in case of a state or a union territory, as the case may be, and the central government in all other cases;(b) "committee" means the water distribution committee established under section 7;5(c) "inter-state river" means any river which has its source in one state and passes through two or more states including the states in which the river has its origin before it submerges into the sea and also includes, a lake, tank, rivulet, which has its source from a river which is an inter-state river; and(d) "prescribed" means prescribed by rules made under this act3 notwithstanding anything contained in any other law for the time being in force, no state shall have the exclusive right over an inter-state river or to its useno state to have exclusive right over inter-state river104 from the date of commencement of this act, the central government shall have the exclusive right and control over all inter-state riverscentral government to have right and control5 (1) every state government/union territory administration shall forward its requirements of water for all purposes, including irrigation and drinking water to the central government and also its requirements for electricity15state governments to forward requirements of water/ electricity(2) while forwarding its requirements, every state government and union territory administration shall indicate the rivers, which are not inter-state rivers, and their status and any dam constructed within the state on any river, including an inter-state river, and its capacity for storage of water and electricity generated from those rivers20(3) every state government and ut administration shall also indicate the average rainfall in the state during the last three years in different seasons and the amount of rainfall during the current year6 (1) it shall be the duty of the central government to distribute river water of every inter-state river to the states and ut within which such rivers pass through25central government to distribute inter-state river water(2) while distributing river waters, the central government shall take into consideration the following factors:—(a) the population and area of each interested state and ut; (b) the land available for farming in each state and ut; (c) the requirements for drinking water and for agricultural and other purposes in each state and ut;(d) the length of inter-state river passing through each state and ut; and30(e) the requirements and availability of electricity in each state and utestablishment of water distribution committee7 (1) the central government shall, by notification in the official gazette, establish a committee to be known as the water distribution committee to advise and make recommendations to the central government about distribution and sharing of water of inter-state rivers to each state and ut and matters connected therewith35(2) the committee shall consist of,—(i) a retired judge of the supreme court—chairperson; (ii) secretary, ministry of jal shakti—member; (iii) chairperson, central water commission—member;40(iv) two eminent persons having experience in water resource management; (v) four secretaries of irrigation or pwd department from the state governments, to be nominated on rotational basis—members; to be appointed by the central government in such manner as may be prescribed(3) the salary and allowances payable to and other terms and conditions of service of chairperson and other members of the committee shall be such as may be prescribed(4) the ministry of jal shakti shall provide secretarial assistance to the committee (5) the committee while discharging its function shall follow such procedure and meet in such manner as may be prescribed58 (1) from the date of commencement of this act, no appropriate government shall construct any hydro-electrical plant or project on any inter-state river or based on it10(2) the central government shall have the exclusive right and control to construct any power plant meant for power generation on any inter-state river and shall distribute electricity in such ratio, among the states and ut through which the inter-state rivers pass, as may be prescribedcentral government to construct hydroelectrical plants on inter-state rivers(3) the appropriate government shall pay to the central government in such ratio as may be prescribed for the electricity it receives from any hydro-electrical plant or project constructed on an inter-state river15power to make rules9 (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 rule statement of objects and reasonsthere are many rivers big or small flowing through many states before they submerge into the nearest sea today half of the population of the country do not have accesss to potable water water is also not available for irrigation and other purposes as a result, production of agricultural products has been considerably affected it has been observed that many states through which a river flows, fight for considerable share of river water and try to deprive the just and due demand of other states consequently, many disputes are pending in tribunals for settlement it is a common knowledge that tribunals take a long time before delivering judgementwater is a precious resource and calls for judicious management of the limited water resources it is high-time that the country needs to rise above political, ideological and regional differences and also move away from a narrow project centric approach to a broader, holistic approach to issues of water managementtherefore, it is proposed that only the cental government shall have the exclusive right and control over all inter-state rivers and it shall distribute river water according to predetermined formula for allocation of water, on the recommendations of water distribution committee it is proposed that the central government shall also have the exclusive right over electricity projects constructed on inter-state rivers this measure will not only enable distribution of river water among the different states without affecting the interests of the concerned states but also enable proper utilisation of available resourcesdr t subbarami reddy financial memorandumclause 7 of the bill provides establishment of water distribution committee to advise and unable recommendations to central govt regarding distribution and sharing of waterclause 8 provides that the central government shall construct hydro electrical plants or projects on inter-state rivers though there is a provision that the appropriate government shall pay to the central government in such ratio as may be prescribed for the electricity it receives, yet expenditure will be incurred from the consolidated fund of india it is likely that an annual recurring expenditure of about rupees five hundred crore will be involved a nonrecurring expenditure of above rupees three 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 purposes of the bill since the matters will relate to detail only, the delegation of legislative power is of a normal character———— a billto provide for nationalisation of inter-state rivers for the purpose of equitable distribution of river water among the states and for matters connected therewith or incidental thereto————(dr t subbarami reddy, mp)mgipmrnd—4315rs(s3)—11-12-2019

Parliament_bills

8f6d3ed2-913e-5e13-9bbe-3aa7481d8756